SAVE Commission's findings - La Follette School of Public Affairs ...

CHAPTER
FOUR
GOAL #21
Regulation
For Results
Laws and rules are
the means, not the
ends
Actions
21.1
Reform lawmaking.
21.2
Eliminate or revise
irrelevant rules.
21.3
Increase the use of
education as a
prevention tool.
21.4
Agencies must develop
missions with performance
indicators.
21.5
Agencies should
earmark funds for public
liaison.
21.6
Designate the Joint
Committee for the
Review of Administrative
Rules as the state’s
regulatory
ombudsperson.
egulations and regulators must become
user friendly and results oriented. They
must also respect the fact that most citizens,
businesses and local governments
want to do the right thing. Lawmakers
must define and quantify the goal of a
proposed law, as well as the benefits and
implications and how it compares to other priorities.
The Commission found that citizens feel
strongly about having high quality air, water,
health, consumer protection and working conditions.
The state must not abandon its goals
in these areas. However, citizens also say they
want a results oriented regulatory system that
understands the big picture and doesn’t have
one regulator tripping over another. Also, they
want a shift to preventing problems, finding cost
effective solutions and better involving everyone
concerned in decisions.
A century ago, Wisconsin citizens and
workers were mad about the risks and nuisance
of dangerous water, bad air and unsafe working
conditions. They forced legislators to pass
innovative, progressive laws to protect health,
the environment and the workplace. Pressure
has been building for new ways to accomplish
the same ends without the red tape. The Commission
outlines ways Wisconsin will transform
a regulatory system of red tape to one focused
on results. Increased flexibility from Washing-
ton (see Goal #19) and breakthroughs in monitoring
and related regulatory technology (see
Goal #14) provide a unique reform opportunity.
Citizens strongly support concepts such
as a clean environment and good education,
but don’t confuse that support with love for
bureaucracies or bureaucratic processes. Most
state employees—including regulators—care
deeply about the state and its people. The laws
and the system are much of the problem and
many employees know it.
A new system will transform regulators
from controllers to coaches. A new government
culture will see citizens as self-reliant, responsible
partners, not helpless deviants. The system
will have a Legislature that enacts integrated,
results oriented laws after evaluating
science, costs, benefits, comparative risks and
competing priorities. The Legislature should be
assisted in moving in that direction, through
its organization and staffing. Further, agencies
are not prepared for a system that demands results,
evaluates costs and benefits, focuses on education
before enforcement and believes that citizens
as well as government can find solutions.
There is an ultimate goal of self-regulation:
people, businesses and government doing
the right things right. However, reality suggests
there will be an enforcement need for
those who violate the public trust. The response
now is to have restrictive processes and regulations.
Another approach—one successfully
used by former Wisconsin Insurance Commissioner
Spencer Kimball—is to have strong,
swift, sure and consequential enforcement.
Another way to get results is to share performance
data in easily understandable terms.
That is happening in some environmental programs.
The marketplace also can achieve results
in areas like controlling costs and protecting
the environment, but the state does not often
use or know how to use market forces to accomplish
social good. Professional and business
associations and codes of conduct, ethical standards
and peer pressure can be effective, especially
in a state where honesty is the culture.
Many problems in the regulatory system
originate with the inability of the Congress,
Legislature and agencies to set priorities, focus
on results and integrate efforts across commit-
56 CITIZEN • COMMUNITY • GOVERNMENT — WISCONSIN: THE 21 ST CENTURY