SB168-SA1,1,5
5"
Section 4m. 20.765 (1) (kt) of the statutes is created to read:
SB168-SA1,1,96
20.765
(1) (kt)
Independent economic analyses for administrative rules. All
7moneys received under s. 227.137 (4m) (b) 3. a. to reimburse persons for conducting
8independent economic impact analyses under ss. 227.137 (4m) (b) 3. and 227.19 (5)
9(b) 3.".
SB168-SA1,2,4
3"
Section 19g. 227.137 (3) (b) of the statutes is renumbered 227.137 (3) (b)
4(intro.) and amended to read:".
SB168-SA1,2,10
10"
Section 19r. 227.137 (3) (b) 1. and 2. of the statutes are created to read:
SB168-SA1,2,1711
227.137
(3) (b) 1. An estimate of the total implementation and compliance costs
12that are reasonably expected to be incurred by or passed along to businesses, local
13governmental units, and individuals as a result of the proposed rule, expressed as
14a single dollar figure. With respect to an independent economic impact analysis
15prepared under sub. (4m) or s. 227.19 (5) (b) 3., the person preparing the analysis
16shall provide a detailed explanation of any variance from the agency's estimate
17under this subdivision.
SB168-SA1,2,2118
2. A determination, for purposes of the requirement under s. 227.139, as to
19whether $10 million or more in implementation and compliance costs are reasonably
20expected to be incurred by or passed along to businesses, local governmental units,
21and individuals over any 2-year period as a result of the proposed rule.".
SB168-SA1,2,23
2213. Page 14, line 2: on lines 2, 11, 14, 15, 16 and 19, delete "secretary of
23revenue" and substitute "secretary of administration".
SB168-SA1,3,12
8"(b) 1. If the secretary of administration or a cochairperson of the joint
9committee for review of administrative rules requests an independent economic
10impact analysis under par. (a), the secretary or cochairperson shall notify the agency
11proposing the proposed rule and shall contract with a person that is not an agency
12to prepare the independent economic impact analysis.".
SB168-SA1,3,18
1721. Page 16, line 13: delete "The committee shall" and substitute "Costs of
18completing the independent economic impact analysis shall be paid as follows:".
SB168-SA1,4,4
20"a. If the estimate in the independent economic impact analysis of total
21implementation and compliance costs under sub. (3) (b) 1. varies from the agency's
22estimate by 15 percent or more or varies from the agency's determination that there
23will be no implementation or compliance costs, the committee shall assess the agency
1that is proposing the proposed rule for those costs. The committee shall credit all
2moneys received under this subd. 3. a. to the appropriation account under s. 20.765
3(1) (kt) and shall reimburse the person from the appropriation account under s.
420.765 (1) (kt).
SB168-SA1,4,105
b. If the estimate in the independent economic impact analysis of total
6implementation and compliance costs under sub. (3) (b) 1. does not vary from the
7agency's estimate by 15 percent or more or is in accord with the agency's
8determination that there will be no implementation and compliance costs, the
9committee shall reimburse the person in equal parts from the appropriation
10accounts under s. 20.765 (1) (a) and (b).".
SB168-SA1,4,12
1123. Page 16, line 20: delete "department of administration, to the secretary
12of revenue," and substitute "secretary of administration,".
SB168-SA1,4,14
14"
Section 22m. 227.137 (6) of the statutes is repealed and recreated to read:
SB168-SA1,4,1715
227.137
(6) The department of administration shall provide training to
16agencies on appropriate data collection and methods of analysis for purposes of
17preparing economic impact analyses of proposed rules under sub. (3).
SB168-SA1,23m
18Section 23m. 227.137 (7) of the statutes is repealed.".
SB168-SA1,4,23
2126. Page 18, line 25: delete "
small business regulatory review board. The 22office of" and substitute "small business regulatory review board
. The and to the
23office of".
SB168-SA1,5,4
128. Page 19, line 8: after "
impact." insert "
The small business regulatory
2review board may also conduct such an assessment on its own initiative. If the board
3conducts such an assessment on its own initiative, the board shall notify the office
4of business development and the agency.".
SB168-SA1,5,8
630. Page 20, line 17: after "development," insert "or within 45 days after the
7board notifies the agency that it is conducting an assessment on its own initiative,
8whichever is applicable,".
SB168-SA1,5,12
931. Page 20, line 25: delete the material beginning with "with the
10department" and ending with "ensure the accuracy," on page 21, line 1, and
11substitute "with the department of administration
and the office of business
12development, ensure the accuracy,".
SB168-SA1,5,16
16"
Section 52m. 227.19 (3m) of the statutes is amended to read:
SB168-SA1,5,2017
227.19
(3m) Analysis not required. The
final regulatory flexibility analysis
18specified under sub. (3) (e) is not required for any rule if the small business regulatory
19review board determines
under s. 227.14 (2g) (bm) that the rule will not have
a
20significant an economic impact on
a substantial number of small businesses.".
SB168-SA1,6,2
2135. Page 29, line 1: delete the material beginning with "The committee shall"
22and ending with "(b)." on line 3 and substitute "Costs of completing the independent
1economic impact analysis shall be paid as provided in s. 227.137 (4m) (b) 3. a. and
2b.".
SB168-SA1,6,4
4"
Section 54m. 227.19 (5) (h) of the statutes is created to read:
SB168-SA1,6,105
227.19
(5) (h)
Secretary of administration or designee to attend hearings. The
6secretary of administration or his or her designee shall attend hearings of the joint
7committee for review of administrative rules and present testimony on proposed
8rules that the secretary determines will have an economic impact on specific
9businesses, business sectors, public utility ratepayers, local governmental units,
10regulated individuals and entities, or the state's economy as a whole.".
SB168-SA1,6,17
1439. Page 32, line 22: after "
impact." insert "
The small business regulatory
15review board may also conduct such an assessment on its own initiative. If the board
16conducts such an assessment on its own initiative, the board shall notify the office
17of business development and the agency.".
SB168-SA1,6,22
20"
(1m) This act first applies to a proposed rule or emergency rule whose
21statement of scope is presented for approval under section 227.135 (2) of the statutes
22on the effective date of this subsection.".
SB168-SA1,7,1
1(1c) This act takes effect on January 1, 2017.".
