LRB-3224/1
MPG:sac&cjs:rs
2011 - 2012 LEGISLATURE
March 1, 2012 - Introduced by Representatives Loudenbeck, Molepske Jr,
Berceau, T. Larson, Petryk, Ringhand and Vruwink. Referred to Committee
on Jobs, Economy and Small Business.
AB647,1,3
1An Act to create 238.09 of the statutes;
relating to: the office of the business
2ombudsman established and operated by the Wisconsin Economic
3Development Corporation.
Analysis by the Legislative Reference Bureau
This bill requires the Wisconsin Economic Development Corporation (WEDC)
to establish and operate the office of the business ombudsman (office). Under the bill,
WEDC is required to staff the office with at least one full-time employee. The office
is required to serve as a liaison between businesses and Wisconsin agencies,
authorities created by statute, such as the Wisconsin Housing and Economic
Development Authority, counties, municipalities, and federal regulatory agencies
(collectively, government entities) and local economic development and community
development organizations. The bill requires that the primary goal of the office is
improve the conditions for conducting business in this state.
Assistance concerning permits.
The bill requires the office to assist businesses to obtain and maintain any
applicable approval of a government entity required as a condition of operating a
business in Wisconsin or conducting any business activity in Wisconsin (permit).
Under the bill, the office's assistance concerning permits must include all of the
following:
1. Explaining the requirements for obtaining a particular permit.
2. Explaining the criteria the appropriate government entity applies in making
a determination on a permit application and the time period within which that
determination will typically be made.
3. Arranging a meeting between the representatives of a business and the staff
of the appropriate government entity concerning a permit or the permit application
process.
4. Tracking the progress of a particular permit application.
5. Helping a business comply with applicable regulatory laws and rules,
including by providing plain-language explanations of those laws and rules.
The bill further requires that the office advocate for permit applicants,
including by monitoring the permit process to ensure that a permit is granted in the
shortest amount of time possible consistent with applicable substantive
requirements established by rule or law and advocating legislative changes to
improve and expedite any permit process.
Under the bill, the office must also provide mediation or other dispute
resolution services to facilitate the resolution of a dispute between a government
entity and a permit applicant. The bill specifies that the office is not liable for any
consequences resulting from the failure of a government entity to issue a permit or
the failure of a person to seek or obtain a permit.
Assistance concerning agency enforcement actions.
With respect to state agencies, the bill gives the office the following additional
specific responsibilities:
1. Upon the written request of a business, the office must investigate the
circumstances of an enforcement action taken by the agency against the business
and prepare recommendations concerning alternative penalties against the
business, if any, that the office believes will achieve regulatory compliance without
causing unnecessary hardship to the business.
2. The office is required to submit to an agency taking such an enforcement
action a copy of the written request submitted by the business to the office; a copy
of any recommendations prepared by the office with respect to the enforcement
action; and a statement requesting that the agency submit to the office within 45
days a written response describing the enforcement action ultimately taken by the
agency, or that the agency intends ultimately to take, against the business and what,
if any, accommodations were made for the business as a result of the office's
recommendations.
3. Annually, the office is required to compile the requests received and
submissions made by the office concerning agency enforcement actions and any
responses to those submissions the office received from agencies; analyze and
evaluate that information and any other relevant information to determine
regulatory enforcement trends and the efficacy of the office in facilitating regulatory
relief to and promoting regulatory compliance by businesses; and include all of that
information and those findings in an annual report to the legislature concerning the
work of the office.
State agency responsibilities.
Likewise, the bill requires that state agencies work with the office and
businesses concerning permits and the permit application process, including by
doing all of the following:
1. Designate at least one agency employee to coordinate the agency's
cooperation with the office and provide information to the office concerning the
agency's permits and permit applications.
2. Respond promptly to the office concerning a request from the office for
information about a permit or permit application or to expedite a permit.
3. Include information provided by the office about the office's services in any
informational material on permits that the agency provides to the public.
4. Promptly notify the office and the permit applicant if the agency determines
that an application for a permit is incomplete or otherwise defective and provide the
permit applicant a reasonable opportunity to correct the defect.
5. Periodically review and, if appropriate, revise the agency's administrative
rules and permit application forms to simplify and expedite the agency's permit
process.
6. Provide an opportunity for an informal preapplication meeting with the
agency's staff to any business interested in applying for a permit.
7. In any such preapplication meeting, identify all permits required by the
agency for a particular business activity, describe the steps and identify the time
period for each step in the permit process, and identify any potential problems the
business may encounter in that process.
8. Notify any business that contacts the agency about a permit of the
availability of a preapplication meeting and invite participation by office staff in any
preapplication meeting.
Brownfields redevelopment.
The bill also requires the office to act as an ombudsman for brownfields
redevelopment in Wisconsin. Under current law, brownfields redevelopment is any
work or undertaking by a person to acquire a brownfields facility or site and to raze,
demolish, remove, reconstruct, renovate, or rehabilitate the facility or existing
buildings, structures, or other improvements at the site for the purpose of promoting
the use of the facility or site for commercial, industrial, or other purposes. A
brownfield is an abandoned, idle, or underused industrial or commercial facility or
site, the expansion or redevelopment of which is adversely affected by actual or
perceived environmental contamination.
Under the bill, in its capacity as ombudsman for brownfields redevelopment,
the office must promote brownfields redevelopment and education of the public
concerning brownfields redevelopment; coordinate with government entities and
local economic development and community development organizations concerning
activities and responsibilities related to brownfields redevelopment; and, with the
Department of Workforce Development, coordinate job training related to
brownfields redevelopment for persons who are unemployed and reside in the
vicinity of a brownfields redevelopment project.
Publicizing the office's services.
Finally, under the bill, the office must maintain and publicize the availability
of a toll-free telephone number available to in-state and out-of-state callers, and
the office is required to seek to explain, promote, and publicize its services to the
public.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB647, s. 1
1Section
1. 238.09 of the statutes is created to read:
AB647,4,2
2238.09 Office of the business ombudsman. (1) Definitions. In this section:
AB647,4,33
(a) "Agency" has the meaning given in s. 227.01 (1).
AB647,4,44
(am) "Authority" has the meaning given in s. 16.70 (2).
AB647,4,55
(b) "Brownfields" has the meaning given in s. 238.13 (1) (a).
AB647,4,66
(c) "Brownfields redevelopment" has the meaning given in s. 238.13 (1) (b).
AB647,4,87
(d) "Business" means a sole proprietorship, partnership, limited liability
8company, joint venture, or corporation.
AB647,4,99
(e) "Office" means the office of the business ombudsman.
AB647,4,1210
(f) "Permit" means any approval of an agency, authority, county, municipality,
11or federal regulatory authority required as a condition of operating a business in this
12state or conducting any business activity in this state.
AB647,4,17
13(2) Establishment of the office. (a) The corporation shall establish and
14operate the office. The office shall serve as a liaison between businesses and
15agencies, authorities, counties, municipalities, local economic development and
16community development organizations, and federal regulatory authorities and shall
17have the goal of improving the conditions for conducting business in this state.
AB647,4,1918
(b) The office shall be staffed by at least one full-time employee of the
19corporation.
AB647,5,3
1(3) Agency enforcement actions. With respect to any action taken against a
2business by an agency to enforce a law or rule administered by the agency, the office
3shall do all of the following:
AB647,5,74
(a) Upon written request of the business, investigate the circumstances of the
5enforcement action and prepare recommendations concerning alternative penalties
6against the business, if any, that the office believes will achieve regulatory
7compliance without causing unnecessary hardship to the business.
AB647,5,88
(b) Submit to the agency all of the following:
AB647,5,109
1. A copy of the written request submitted by the business to the office under
10par. (a).
AB647,5,1111
2. Any recommendations prepared by the office under par. (a).
AB647,5,1612
3. A statement requesting that the agency submit to the office within 45 days
13after receipt of the statement a written response describing the enforcement action
14ultimately taken by the agency, or that the agency intends ultimately to take, against
15the business and what, if any, accommodations were made for the business as a result
16of the office's recommendations prepared under par. (a).
AB647,5,1717
(c) Annually do all of the following:
AB647,5,2018
1. Compile the requests received by the office under par. (a), the submissions
19made by the office under par. (b), and any responses to those submissions the office
20received from agencies.
AB647,5,2421
2. Analyze and evaluate the information under subd. 1. and any other relevant
22information to determine regulatory enforcement trends and the efficacy of the office
23in facilitating regulatory relief to and promoting regulatory compliance by
24businesses.
AB647,6,2
13. Include the information and findings under subds. 1. and 2. in the office's
2annual report under sub. (6).
AB647,6,4
3(4) Assistance concerning permits. (a) The office shall assist businesses to
4obtain and maintain applicable permits, including by doing all of the following:
AB647,6,55
1. Explaining the requirements for obtaining a particular permit.
AB647,6,96
2. Explaining the criteria the appropriate agency, authority, county,
7municipality, or federal regulatory authority applies in making a determination on
8a permit application and the time period within which that determination will
9typically be made.
AB647,6,1210
3. Arranging a meeting between the representatives of a business and the staff
11of the appropriate agency, authority, county, municipality, or federal regulatory
12authority concerning a permit or the permit application process.
AB647,6,1313
4. Tracking the progress of a permit application.
AB647,6,1514
5. Helping a business comply with applicable regulatory laws and rules,
15including by providing plain-language explanations of those laws and rules.
AB647,6,1716
(b) The office shall advocate for permit applicants, including by doing all of the
17following: