SB100-ASA1,5,7
1227.14 (2m) Quality of agency data. Each agency shall, in cooperation with
2the department of administration, ensure the accuracy, integrity, objectivity, and
3consistency of the data that is used when preparing a proposed rule and when
4completing an analysis of the proposed rule under sub. (2). Each agency shall reduce
5the amount of cross-references to the statutes in proposed and final rules. A person
6affected by a proposed rule may submit comments to the agency regarding the
7accuracy, integrity, or consistency of that data.
SB100-ASA1, s. 10 8Section 10. 227.15 (1m) of the statutes is created to read:
SB100-ASA1,5,169 227.15 (1m) Internet access to proposed rule. The joint legislative council
10shall create and maintain an Internet site that includes a copy of each proposed rule
11received under sub. (1) in a format that allows the site to be searched using keywords.
12Each agency shall provide the joint legislative council with the proposed rules and
13other information needed to comply with this subsection in the format required by
14the joint legislative council. The Internet site shall include a section devoted to
15proposed rules affecting small businesses, as defined in s. 227.114 (1). The Internet
16site shall also include all of the following:
SB100-ASA1,5,1817 (a) The electronic mail address and telephone number of an agency contact
18person for each proposed rule.
SB100-ASA1,5,1919 (b) The material required under s. 227.14 (2), (3), and (4).
SB100-ASA1,5,2020 (c) Any report submitted to the legislative council staff under s. 227.14 (2g).
SB100-ASA1,5,2221 (d) The written report of the legislative council staff review of the proposed rule
22prepared under sub. (2) and any agency comments regarding that report.
SB100-ASA1,5,2523 (e) The time, date, and place of any public hearing specified in the notice in s.
24227.17 as soon as that notice is submitted to the revisor of statutes under s. 227.17
25(1) (a).
SB100-ASA1,6,2
1(f) The place where comments on the proposed rule should be submitted and
2the deadline for submitting those comments.
SB100-ASA1, s. 11 3Section 11. 227.17 (3) (i) of the statutes is created to read:
SB100-ASA1,6,64 227.17 (3) (i) The electronic mail address and telephone number of the small
5business regulatory coordinator and a link to an Internet site that allows a person
6to review the rule and make comments regarding the rule.
SB100-ASA1, s. 12 7Section 12. 227.22 (2) (e) of the statutes is created to read:
SB100-ASA1,6,108 227.22 (2) (e) The rule has a significant economic impact on small businesses,
9as defined in s. 227.114 (1), in which case the rule applies to small businesses on the
10first day of the 3rd month commencing after the date of publication of the rule.
SB100-ASA1, s. 13 11Section 13. 227.24 (3m) of the statutes is created to read:
SB100-ASA1,6,2212 227.24 (3m) Review by the small business regulatory review board. On the
13same day that the agency files a rule under sub. (3) that may have a significant
14economic impact on small businesses, as defined in s. 227.114 (1), the agency shall
15submit a copy of the rule to the small business regulatory review board. The board
16may use cost-benefit analysis to determine the fiscal effect of the emergency rule on
17small businesses and shall determine whether the agency complied with ss. 227.114
18(2) and (3) and 227.14 (2m). If the board determines that the agency failed to comply
19with s. 227.114 (2) or (3) or 227.14 (2m), the board shall notify the agency of that
20determination and ask the agency to comply with any of those provisions. In
21addition, the board may submit suggested changes in the proposed rule to the agency
22and may include a request that the agency do any of the following:
SB100-ASA1,6,2423 (a) Explain how the agency has responded to comments received from small
24businesses regarding the emergency rule.
SB100-ASA1,7,2
1(b) Verify that the emergency rule does not conflict with, overlap, or duplicate
2other rules or federal regulations.
SB100-ASA1, s. 14 3Section 14. 227.30 of the statutes is created to read:
SB100-ASA1,7,11 4227.30 Review of administrative rules or guidelines. (1) The small
5business regulatory review board may review the rules and guidelines of any state
6agency to determine whether any of those rules or guidelines place an unnecessary
7burden on the ability of small businesses, as defined in s. 227.114 (1), to conduct their
8affairs. If the board determines that a rule or guideline places an unnecessary
9burden on the ability of a small business to conduct its affairs, the board shall submit
10a report and recommendations regarding the rule or guideline to the joint committee
11for review of administrative rules.
SB100-ASA1,7,13 12(2) When reviewing the report, the joint committee for review of administrative
13rules shall consider all of the following:
SB100-ASA1,7,1414 (a) The continued need for the rule or guideline.
SB100-ASA1,7,1615 (b) The nature of the complaints and comments received from the public
16regarding the rule or guideline.
SB100-ASA1,7,1717 (c) The complexity of the rule or guideline.
SB100-ASA1,7,1918 (d) The extent to which the rule or guideline overlaps, duplicates, or conflicts
19with federal regulations, other state rules, or local ordinances.
SB100-ASA1,7,2020 (e) The length of time since the rule or guideline has been evaluated.
SB100-ASA1,7,2321 (f) The degree to which technology, economic conditions, or other factors have
22changed in the subject area affected by the rule or guideline since the rule or
23guideline was promulgated.
SB100-ASA1,8,2 24(3) The joint committee for review of administrative rules may refer the report
25regarding the rule or guideline to the presiding officer of each house of the legislature

1for referral to a committee under s. 227.19 (2) or may review the rule or guideline as
2provided under s. 227.19 (5).
SB100-ASA1, s. 15 3Section 15. 227.40 (2) (f) of the statutes is created to read:
SB100-ASA1,8,44 227.40 (2) (f) Proceedings under s. 227.114 (6m) or 227.14 (2g).
SB100-ASA1, s. 16 5Section 16. 227.485 (2) (c) of the statutes is amended to read:
SB100-ASA1,8,96 227.485 (2) (c) "Small business" means a business entity, including its
7affiliates, which is independently owned and operated, and which employs 25 or
8fewer than 25 full-time employees or which has gross annual sales of less than
9$2,500,000 $5,000,000.
SB100-ASA1, s. 17 10Section 17. 814.245 (2) (b) of the statutes is amended to read:
SB100-ASA1,8,1411 814.245 (2) (b) "Small business" means a business entity, including its
12affiliates, which is independently owned and operated, and which employs 25 or
13fewer than 25 full-time employees or which has gross annual sales of less than
14$2,500,000 $5,000,000.
SB100-ASA1, s. 18 15Section 18. 814.245 (5) (a) 2. of the statutes is amended to read:
SB100-ASA1,8,1916 814.245 (5) (a) 2. Attorney or agent fees may not be awarded in excess of $75
17$150 per hour unless the court determines that an increase in the cost of living or a
18special factor, such as the limited availability of qualified attorneys or agents,
19justifies a higher fee.
SB100-ASA1, s. 19 20Section 19. 895.59 of the statutes is created to read:
SB100-ASA1,8,22 21895.59 Liability exemption; disclosure of rule violations. (1) In this
22section:
SB100-ASA1,8,2323 (a) "Agency" has the meaning given in s. 227.01 (1).
SB100-ASA1,8,2524 (b) "Small business" has the meaning given in s. 227.114 (1), but does not
25include an entity, as defined in s. 48.685 (1) (b) or 50.065 (1) (c).
SB100-ASA1,9,11
1(2) Each agency shall promulgate a rule that requires the agency to disclose
2in advance the discretion that the agency will follow in the enforcement of rules and
3guidelines against a small business. The rule promulgated under this subsection
4shall include the reduction or waiver of penalties for a voluntary disclosure, by a
5small business, of actual or potential violations of rules or guidelines. The rule
6promulgated under this subsection may include the consideration of the violator's
7ability to pay when determining the amount of any monetary penalty, assessment,
8or surcharge. The rule promulgated under this subsection shall specify when the
9agency will not allow discretion in the enforcement of a rule or guideline against
10small businesses and shall include all of the following situations in which discretion
11is not allowed:
SB100-ASA1,9,1312 (a) The agency discovers the violation before the small business discloses the
13violation.
SB100-ASA1,9,1514 (b) The violation is disclosed after an agency audit or inspection of the small
15business has been scheduled.
SB100-ASA1,9,1716 (c) The violation was identified as part of the monitoring or sampling
17requirements that are consistent with the requirements under an existing permit.
SB100-ASA1,9,1918 (d) The violation results in a substantial economic advantage for the small
19business.
SB100-ASA1,9,2020 (e) The small business has repeatedly violated the same rule or guideline.
SB100-ASA1,9,2221 (f) The violation may result in an imminent endangerment to the environment,
22or to public health or safety.
SB100-ASA1, s. 20 23Section 20. Nonstatutory provisions.
SB100-ASA1,9,2524 (1) Notwithstanding the length of terms specified for the representatives of
25small businesses of the small business regulatory review board under section 15.155

1(5) of the statutes, as created by this act, 3 of the initial representatives of small
2businesses shall be appointed for terms expiring on May 1, 2005, and the other 3
3initial representatives of small businesses shall be appointed for terms expiring on
4May 1, 2006.
SB100-ASA1, s. 21 5Section 21. Effective date.
SB100-ASA1,10,76 (1) This act takes effect on the first day of the 4th month beginning after
7publication.
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