Amendment AA6-SB409

LRBa2122/1

JK/TKK/CTS:cjs:ph

2009 - 2010 LEGISLATURE

ASSEMBLY AMENDMENT 6, TO 2009 SENATE BILL 409

April 12, 2010 - Offered by Representative Molepske Jr..

SB409-AA6,1,2 At the locations indicated, amend the bill, as shown by senate substitute amendment 1, as follows:

SB409-AA6,1,3 1. Page 2, line 9: before that line insert:

SB409-AA6,1,4 " Section 1g. 15.155 (2) (c) of the statutes is created to read:

SB409-AA6,1,5 15.155 (2) (c) The board shall do all of the following:

SB409-AA6,1,7 1. Consult with the department of commerce on strategic economic policy for the state.

SB409-AA6,1,8 2. Suggest legislation to achieve strategic economic policy objectives.".

SB409-AA6,1,9 2. Page 2, line 9: delete "Section 1" and substitute "Section 1r".

SB409-AA6,1,10 3. Page 3, line 20: before that line insert:

SB409-AA6,1,12 " Section 4m. 20.143 (1) (gc) (title) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB409-AA6,2,2 20.143 (1) (gc) (title) Regulatory ombudsman center Office of regulatory assistance.".

SB409-AA6,2,3 4. Page 19, line 4: before that line insert:

SB409-AA6,2,4 " Section 35g. 560.03 (9) of the statutes is amended to read:

SB409-AA6,2,13 560.03 (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-AA6, s. 35r Section 35r. 560.03 (19) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB409-AA6,2,17 560.03 (19) Establish a regulatory ombudsman center an office of regulatory assistance in the department to provide services as set forth in subch. III.".

SB409-AA6,2,19 5. Page 20, line 19: delete the material beginning with "or" and ending with "(c)" on line 20.

SB409-AA6,2,20 6. Page 23, line 7: after that line insert:

SB409-AA6,2,22 " Section 43b. 560.30 (1) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB409-AA6, s. 43bb Section 43bb. 560.301 (intro.) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

SB409-AA6,3,5 560.301 Rules, policies, and standards for awarding grants and making loans. (intro.) The department, in consultation with the board, shall promulgate rules that establish procedures, policies, and standards for implementing this subchapter and awarding grants and making loans under this subchapter. The rules shall include all of the following:

SB409-AA6, s. 43bd Section 43bd. 560.304 of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

SB409-AA6,3,11 560.304 Forward innovation fund. The department may award a grant or make a loan to an eligible recipient from the appropriations under s. 20.143 (1) (fi), (gm), and (io). The department shall consult with the board prior to awarding a grant or making a loan under this section.

SB409-AA6, s. 43c Section 43c. 560.305 (1) (intro.) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

SB409-AA6,3,18 560.305 (1) (intro.) The department, in cooperation with the board, shall encourage small businesses to apply for grants and loans under this subchapter by ensuring that there are no undue impediments to their participation and by actively encouraging small businesses to apply for grants and loans. The department shall do all of the following:

SB409-AA6, s. 43cb Section 43cb. 560.305 (3) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

SB409-AA6,4,2 560.305 (3) The board department shall develop a policy relating to obtaining reimbursement of grants and loans provided under this subchapter. The policy may provide that reimbursement shall be obtained through full repayment of the principal amount of the grant or loan plus interest, through receipt of a share of future profits from or an interest in a product or process, or through any other appropriate means.

SB409-AA6, s. 43d Section 43d. 560.305 (4) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

SB409-AA6,4,7 560.305 (4) The board department shall require, as a condition of a grant or loan, that a recipient contribute to a project an amount that is not less than 25 percent of the amount of the grant or loan.

SB409-AA6, s. 43db Section 43db. Subchapter III (title) of chapter 560 [precedes 560.41] of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB409-AA6,4,10 CHAPTER 560

SB409-AA6,4,11 SUBCHAPTER III

SB409-AA6,4,13 office of REGULATORY OMBUDSMAN CENTER assistance

SB409-AA6, s. 43dc Section 43dc. 560.41 (1) of the statutes is renumbered 560.41 (1n).

SB409-AA6, s. 43e Section 43e. 560.41 (1c) of the statutes is created to read:

SB409-AA6,4,16 560.41 (1c) "Agency" has the meaning given in s. 16.70 (1e).

SB409-AA6, s. 43eb Section 43eb. 560.41 (1g) of the statutes is created to read:

SB409-AA6,4,18 560.41 (1g) "Authority" has the meaning given in s. 16.70 (2).

SB409-AA6, s. 43ed Section 43ed. 560.41 (1m) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 560.41 (1w) and amended to read:

SB409-AA6,4,22 560.41 (1w) "Center Office" means the regulatory ombudsman center office of regulatory assistance in the department.

SB409-AA6, s. 43f Section 43f. 560.41 (1r) of the statutes is created to read:

SB409-AA6,4,24 560.41 (1r) "Municipality" has the meaning given in s. 16.70 (8).

SB409-AA6, s. 43fb Section 43fb. 560.41 (2) of the statutes is amended to read:

SB409-AA6,5,2 560.41 (2) "Permit" means any approval of a regulatory an agency required as a condition of operating a business in this state.

SB409-AA6, s. 43g Section 43g. 560.41 (3) of the statutes is repealed.

SB409-AA6, s. 43gb Section 43gb. 560.42 (1) of the statutes is repealed.

SB409-AA6, s. 43h Section 43h. 560.42 (1m) of the statutes is created to read:

SB409-AA6,5,6 560.42 (1m) Assistance to businesses. The office shall do all of the following:

SB409-AA6,5,10 (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-AA6,5,11 1. Explain requirements for obtaining permits.

SB409-AA6,5,12 2. Track the progress of applications for permits.

SB409-AA6,5,14 3. Help businesses comply with laws and rules applicable to businesses, including providing plain-language explanations of laws and rules.

SB409-AA6,5,16 (b) Serve as a liaison between businesses and agencies, authorities, municipalities, and local economic development organizations.

SB409-AA6, s. 43hb Section 43hb. 560.42 (2) (a) and (b), (2m) (intro.), (2r), (3) and (4) of the statutes are amended to read:

SB409-AA6,5,23 560.42 (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-AA6,5,25 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-AA6,6,2 2. Obtaining information and permit applications from the regulatory agency and providing the information and appropriate permit applications to the person.

SB409-AA6,6,5 (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-AA6,6,8 (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-AA6,6,13 (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-AA6,6,18 (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-AA6,6,21 (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-AA6,6,25 (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.