State Senator Mary Lazich (R-New Berlin) represents parts of four counties: Milwaukee, Waukesha, Racine, and Walworth. Her Senate District 28 includes New Berlin, Franklin, Greendale, Hales Corners, Muskego, Waterford, Big Bend, the town of Vernon and parts of Greenfield, East Troy, and Mukwonago. Senator Lazich has been in the Legislature for more than a decade. She considers herself a tireless crusader for lower taxes, reduced spending and smaller government.
Earlier today, the Senate Committee on Small Business that I serve on met to discuss payday loan regulations put forward by the Department of Financial Institutions (DFI). The new regulations follow the payday loan bill, signed into law earlier this year.
Agencies write rules following passage of a law. However, on occasion those rules go beyond the law approved by the Legislature and Governor. When this happens, it is the oversight committee’s job to rein in the agency.
The new regulations not only restricted payday lenders, as the law requires, the rule extended into chapters of law that were not included in the bill approved by the legislature.
Whether the new regulations are a good idea or not is irrelevant. They were not enacted by the Legislature, nor were they even considered during the legislative process. This amounts to unelected bureaucrats writing
The Legislature must be vigilant to curb the tendency of bureaucratic agencies to create law. The committee acted with my full support today to ask DFI to consider changes to the rule. If they refuse, then the committee voted to object to the rule.