Amendment AA4-SB409

LRBa1776/2

TKK:nwn:ph

2009 - 2010 LEGISLATURE

ASSEMBLY AMENDMENT 4, TO 2009 SENATE BILL 409

April 7, 2010 - Offered by Representative Molepske Jr..

SB409-AA4,1,2 At the locations indicated, amend the bill, as shown by senate substitute amendment 1, as follows:

SB409-AA4,1,3 1. Page 3, line 20: before that line insert:

SB409-AA4,1,4 " Section 4m. 20.143 (1) (gc) (title) of the statutes is amended to read:

SB409-AA4,1,6 20.143 (1) (gc) (title) Regulatory ombudsman center Office of regulatory assistance.".

SB409-AA4,1,7 2. Page 19, line 4: before that line insert:

SB409-AA4,1,8 " Section 35g. 560.03 (9) of the statutes is amended to read:

SB409-AA4,2,4 560.03 (9) Establish and operate a small business ombudsman clearinghouse for business and industry to facilitate the flow of information from other state and federal agencies, to assist state agencies in establishing methods to encourage the participation of small businesses in rule making under s. 227.114 (4) and to serve as ombudsman for small business stationary sources, as defined in s. 285.79 (1), in connection with the implementation of the federal clean air act, 42 USC 7401 to 7671q. The department shall assign one full-time employee of the small business ombudsman clearinghouse to provide assistance to businesses as specified under s. 560.42 (1m).

SB409-AA4, s. 35r Section 35r. 560.03 (19) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB409-AA4,2,8 560.03 (19) Establish a regulatory ombudsman center an office of regulatory assistance in the department to provide services as set forth in subch. III.".

SB409-AA4,2,9 3. Page 23, line 8: before that line insert:

SB409-AA4,2,11 " Section 43b. Subchapter III (title) of chapter 560 [precedes 560.41] of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB409-AA4,2,12 CHAPTER 560

SB409-AA4,2,13 SUBCHAPTER III

SB409-AA4,2,15 office of REGULATORY OMBUDSMAN CENTER assistance

SB409-AA4, s. 43d Section 43d. 560.41 (1) of the statutes is renumbered 560.41 (1n).

SB409-AA4, s. 43e Section 43e. 560.41 (1c) of the statutes is created to read:

SB409-AA4,2,18 560.41 (1c) "Agency" has the meaning given in s. 16.70 (1e).

SB409-AA4, s. 43f Section 43f. 560.41 (1g) of the statutes is created to read:

SB409-AA4,2,20 560.41 (1g) "Authority" has the meaning given in s. 16.70 (2).

SB409-AA4, s. 43g Section 43g. 560.41 (1m) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 560.41 (1w) and amended to read:

SB409-AA4,2,24 560.41 (1w) "Center Office" means the regulatory ombudsman center office of regulatory assistance in the department.

SB409-AA4, s. 43h Section 43h. 560.41 (1r) of the statutes is created to read:

SB409-AA4,3,2 560.41 (1r) "Municipality" has the meaning given in s. 16.70 (8).

SB409-AA4, s. 43j Section 43j. 560.41 (2) of the statutes is amended to read:

SB409-AA4,3,5 560.41 (2) "Permit" means any approval of a regulatory an agency required as a condition of operating a business in this state.

SB409-AA4, s. 43L Section 43L. 560.41 (3) of the statutes is repealed.

SB409-AA4, s. 43n Section 43n. 560.42 (1) of the statutes is repealed.

SB409-AA4, s. 43p Section 43p. 560.42 (1m) of the statutes is created to read:

SB409-AA4,3,9 560.42 (1m) Assistance to businesses. The office shall do all of the following:

SB409-AA4,3,13 (a) Provide assistance with obtaining and maintaining permits and any licenses and approvals necessary for a business to operate in this state. To fulfill the requirements of this paragraph, the office shall do all of the following on behalf of businesses:

SB409-AA4,3,14 1. Explain requirements for obtaining permits.

SB409-AA4,3,15 2. Track the progress of applications for permits.

SB409-AA4,3,17 3. Help businesses comply with laws and rules applicable to businesses, including providing plain-language explanations of laws and rules.

SB409-AA4,3,19 (b) Serve as a liaison between businesses and agencies, authorities, municipalities, and local economic development organizations.

SB409-AA4, s. 43r Section 43r. 560.42 (2) (a) and (b), (2m) (intro.), (2r), (3) and (4) of the statutes are amended to read:

SB409-AA4,4,2 560.42 (2) (a) The center office shall assist any person requesting information on which permits are required for a particular business activity or on the application process, including criteria applied in making a determination on a permit application and the time period within which a determination will be made. This assistance may include any of the following:

SB409-AA4,4,4 1. Arranging a meeting between the person and the staff of the appropriate regulatory agency to enable the person to obtain information from the agency.

SB409-AA4,4,6 2. Obtaining information and permit applications from the regulatory agency and providing the information and appropriate permit applications to the person.

SB409-AA4,4,9 (b) If a person receives assistance under this subsection and applies for a permit and if the person requests, the center office shall monitor the status of the permit application and periodically report the status to the person.

SB409-AA4,4,12 (2m) Advocacy. (intro.) The center office shall provide advocacy services before regulatory agencies on behalf of permit applicants. These services shall include all of the following:

SB409-AA4,4,17 (2r) Mediation and dispute resolution services. The center office may provide mediation or other dispute resolution services to facilitate the resolution of a dispute between a regulatory an agency and a person applying for a permit. The provision of mediation or other dispute resolution services under this subsection does not affect any right that the person may have to a contested hearing under ch. 227.

SB409-AA4,4,22 (3) Assistance by center office. (a) The center office may charge for services provided under this subchapter. Any amount charged for services may not exceed the actual cost of the service provided, unless a specific charge for the service, or method of calculating the charge, is provided by law. All amounts received under this paragraph shall be deposited in the appropriation account under s. 20.143 (1) (gc).

SB409-AA4,4,25 (b) The center office may refer to the appropriate regulatory agency, without giving further assistance, any person seeking information or assistance on a permit under chs. 186, 215, 217, 220 to 224, 440 to 480 and 600 to 646.

SB409-AA4,5,4 (c) Advice, assistance, mediation or other dispute resolution services or information rendered by the center office under this subchapter does not relieve any person from the obligation to secure a required permit or satisfy a regulatory requirement.

SB409-AA4,5,6 (d) The center office shall not be liable for any consequences resulting from the failure of a regulatory an agency to issue, or the failure of a person to seek, a permit.

SB409-AA4,5,9 (4) Promotion of assistance. (a) The center office shall maintain and publicize the availability of a toll-free telephone line available to in-state and out-of-state callers to the center office.

SB409-AA4,5,12 (b) The center office shall seek to explain, promote and publicize its services to the public and shall provide information on its services for inclusion in any public informational material on permits provided by regulatory agencies.

SB409-AA4,5,14 (c) The center office shall, in its efforts under pars. (a) and (b), clearly represent that its services are advisory, informational and facilitative only.

SB409-AA4, s. 43s Section 43s. 560.42 (5) of the statutes is created to read:

SB409-AA4,5,19 560.42 (5) Staffing and report. The office shall be staffed by at least 2 full-time employees of the department. The office shall annually submit to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) a report on the work of the office.

SB409-AA4, s. 43t Section 43t. 560.43 (title), (1) (intro.), (a), (b), (c), (g) and (2) of the statutes are amended to read:

SB409-AA4,5,23 560.43 (title) Responsibilities of regulatory agencies. (1) Interagency cooperation. (intro.) Each regulatory agency shall:

SB409-AA4,6,3 (a) Designate a staff person to coordinate regulatory agency cooperation with center office staff, provide information to center office staff on the permit process and direct center office staff to appropriate staff within the regulatory agency.

SB409-AA4,6,6 (b) Cooperate with center office staff and respond promptly to requests for assistance in expediting and requests for information on the permit process under s. 560.42.

SB409-AA4,6,8 (c) Include material provided by the center office under s. 560.42 (4) in any public informational material on permits that it provides.

SB409-AA4,6,10 (g) Provide to the center office written notification of a change to a permit, along with a copy of the new or revised permit, before the effective date of the change.

SB409-AA4,6,14 (2) Preapplication meetings. Each regulatory agency shall provide an opportunity for a preapplication meeting with its staff to any person interested in applying for a permit upon request by the person or the center office, and shall comply with the following requirements:

SB409-AA4,6,16 (a) The regulatory agency shall conduct preapplication meetings in an informal manner.

SB409-AA4,6,20 (b) In any preapplication meeting, the regulatory agency shall identify all permits required by the regulating agency for a business activity, describe the steps and identify the time period for each step in the permit process and identify potential problems in the process.

SB409-AA4,6,22 (d) The regulatory agency shall invite participation by center office staff in preapplication meetings when appropriate.

SB409-AA4,6,24 (e) The regulatory agency shall publicize the availability of preapplication meetings to persons contacting them about permits.