Amendment ASA1-SB100

SB100-ASA1, s. 13 Section 13. 227.24 (3m) of the statutes is created to read:

SB100-ASA1,6,22 227.24 (3m) Review by the small business regulatory review board. On the same day that the agency files a rule under sub. (3) that may have a significant economic impact on small businesses, as defined in s. 227.114 (1), the agency shall submit a copy of the rule to the small business regulatory review board. The board may use cost-benefit analysis to determine the fiscal effect of the emergency rule on small businesses and shall determine whether the agency complied with ss. 227.114 (2) and (3) and 227.14 (2m). If the board determines that the agency failed to comply with s. 227.114 (2) or (3) or 227.14 (2m), the board shall notify the agency of that determination and ask the agency to comply with any of those provisions. In addition, the board may submit suggested changes in the proposed rule to the agency and may include a request that the agency do any of the following:

SB100-ASA1,6,24 (a) Explain how the agency has responded to comments received from small businesses regarding the emergency rule.

SB100-ASA1,7,2 (b) Verify that the emergency rule does not conflict with, overlap, or duplicate other rules or federal regulations.

SB100-ASA1, s. 14 Section 14. 227.30 of the statutes is created to read:

SB100-ASA1,7,11 227.30 Review of administrative rules or guidelines. (1) The small business regulatory review board may review the rules and guidelines of any state agency to determine whether any of those rules or guidelines place an unnecessary burden on the ability of small businesses, as defined in s. 227.114 (1), to conduct their affairs. If the board determines that a rule or guideline places an unnecessary burden on the ability of a small business to conduct its affairs, the board shall submit a report and recommendations regarding the rule or guideline to the joint committee for review of administrative rules.

SB100-ASA1,7,13 (2) When reviewing the report, the joint committee for review of administrative rules shall consider all of the following:

SB100-ASA1,7,14 (a) The continued need for the rule or guideline.

SB100-ASA1,7,16 (b) The nature of the complaints and comments received from the public regarding the rule or guideline.

SB100-ASA1,7,17 (c) The complexity of the rule or guideline.

SB100-ASA1,7,19 (d) The extent to which the rule or guideline overlaps, duplicates, or conflicts with federal regulations, other state rules, or local ordinances.

SB100-ASA1,7,20 (e) The length of time since the rule or guideline has been evaluated.

SB100-ASA1,7,23 (f) The degree to which technology, economic conditions, or other factors have changed in the subject area affected by the rule or guideline since the rule or guideline was promulgated.

SB100-ASA1,8,2 (3) The joint committee for review of administrative rules may refer the report regarding the rule or guideline to the presiding officer of each house of the legislature for referral to a committee under s. 227.19 (2) or may review the rule or guideline as provided under s. 227.19 (5).

SB100-ASA1, s. 15 Section 15. 227.40 (2) (f) of the statutes is created to read:

SB100-ASA1,8,4 227.40 (2) (f) Proceedings under s. 227.114 (6m) or 227.14 (2g).

SB100-ASA1, s. 16 Section 16. 227.485 (2) (c) of the statutes is amended to read:

SB100-ASA1,8,9 227.485 (2) (c) "Small business" means a business entity, including its affiliates, which is independently owned and operated, and which employs 25 or fewer than 25 full-time employees or which has gross annual sales of less than $2,500,000 $5,000,000.

SB100-ASA1, s. 17 Section 17. 814.245 (2) (b) of the statutes is amended to read:

SB100-ASA1,8,14 814.245 (2) (b) "Small business" means a business entity, including its affiliates, which is independently owned and operated, and which employs 25 or fewer than 25 full-time employees or which has gross annual sales of less than $2,500,000 $5,000,000.

SB100-ASA1, s. 18 Section 18. 814.245 (5) (a) 2. of the statutes is amended to read:

SB100-ASA1,8,19 814.245 (5) (a) 2. Attorney or agent fees may not be awarded in excess of $75 $150 per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys or agents, justifies a higher fee.

SB100-ASA1, s. 19 Section 19. 895.59 of the statutes is created to read:

SB100-ASA1,8,22 895.59 Liability exemption; disclosure of rule violations. (1) In this section:

SB100-ASA1,8,23 (a) "Agency" has the meaning given in s. 227.01 (1).

SB100-ASA1,8,25 (b) "Small business" has the meaning given in s. 227.114 (1), but does not include an entity, as defined in s. 48.685 (1) (b) or 50.065 (1) (c).

SB100-ASA1,9,11 (2) Each agency shall promulgate a rule that requires the agency to disclose in advance the discretion that the agency will follow in the enforcement of rules and guidelines against a small business. The rule promulgated under this subsection shall include the reduction or waiver of penalties for a voluntary disclosure, by a small business, of actual or potential violations of rules or guidelines. The rule promulgated under this subsection may include the consideration of the violator's ability to pay when determining the amount of any monetary penalty, assessment, or surcharge. The rule promulgated under this subsection shall specify when the agency will not allow discretion in the enforcement of a rule or guideline against small businesses and shall include all of the following situations in which discretion is not allowed:

SB100-ASA1,9,13 (a) The agency discovers the violation before the small business discloses the violation.

SB100-ASA1,9,15 (b) The violation is disclosed after an agency audit or inspection of the small business has been scheduled.

SB100-ASA1,9,17 (c) The violation was identified as part of the monitoring or sampling requirements that are consistent with the requirements under an existing permit.

SB100-ASA1,9,19 (d) The violation results in a substantial economic advantage for the small business.

SB100-ASA1,9,20 (e) The small business has repeatedly violated the same rule or guideline.

SB100-ASA1,9,22 (f) The violation may result in an imminent endangerment to the environment, or to public health or safety.

SB100-ASA1, s. 20 Section 20. Nonstatutory provisions.

SB100-ASA1,9,25 (1) Notwithstanding the length of terms specified for the representatives of small businesses of the small business regulatory review board under section 15.155 (5) of the statutes, as created by this act, 3 of the initial representatives of small businesses shall be appointed for terms expiring on May 1, 2005, and the other 3 initial representatives of small businesses shall be appointed for terms expiring on May 1, 2006.

SB100-ASA1, s. 21 Section 21. Effective date.

SB100-ASA1,10,7 (1) This act takes effect on the first day of the 4th month beginning after publication.

SB100-ASA1,10,8 (End)