(b) The material required under s. 227.14 (2), (3), and (4).
(c) The written report of the legislative council staff review of the proposed rule prepared under sub. (2) and any agency comments regarding that report.
(d) The time, date, and place of any public hearing specified in the notice in s. 227.17 as soon as that notice is submitted to the revisor of statutes under s. 227.17 (1) (a).
(e) The place where comments on the proposed rule should be submitted and the deadline for submitting those comments.
AB267, s. 10
Section
10. 227.19 (3r) of the statutes is created to read:
227.19 (3r) Fiscal effect of rule. On the same day that an agency submits a notice under sub. (2) regarding a proposed rule that may have a significant economic impact on small businesses, the agency shall submit the proposed rule and the report required under sub. (3) to the small business regulatory review board. The board may use cost-benefit analysis to determine the fiscal effect of the rule on small businesses and shall determine whether the agency has complied with sub. (3) (e) or s. 227.114. If the board determines that the agency failed to comply with sub. (3) (e) or s. 227.114, the board shall notify the agency of that determination and ask the agency to comply with those provisions. In addition, the board may submit suggested changes in the proposed rule to the agency, including proposals to reduce the use of cross-references in the rule. The board shall send a copy of any suggestions and of any notice of failure to comply with sub. (3) (e) or s. 227.114 to each committee to which the proposed rule was referred under sub. (2). The notification of noncompliance may include a request that the agency do any of the following:
(a) Explain why the agency has not incorporated comments received from small businesses regarding the proposed rule.
(b) Verify that the proposed rule does not conflict with, overlap, or duplicate other rules or federal regulations.
(c) Require the inclusion of fee information and fee schedules in the regulatory flexibility analysis, including why fees are necessary and for what purpose the fees will be used.
AB267, s. 11
Section
11. 227.22 (2) (e) of the statutes is created to read:
227.22 (2) (e) The rule has a significant economic impact on small businesses, as defined in s. 227.114 (1), in which case the rule applies to small businesses on the first day of the 3rd month commencing after the date of publication.
AB267, s. 12
Section
12. 227.24 (3m) of the statutes is created to read:
227.24 (3m) Review by the small business regulatory review board. On the same day that the agency files a rule under sub. (3) that may have a significant economic impact on small businesses, as defined in s. 227.114 (1), the agency shall submit a copy of the rule to the small business regulatory review board. The board may use cost-benefit analysis to determine the fiscal effect of the emergency rule on small businesses and shall determine whether the agency complied with s. 227.114 or 227.19 (3) (e). If the board determines that the agency failed to comply with s. 227.114 or 227.19 (3) (e), the board shall notify the agency of that determination and ask the agency to comply with those provisions. In addition, the board may submit suggested changes in the proposed rule to the agency. The notification of noncompliance may include a request that the agency do any of the following:
(a) Explain why the agency has not incorporated comments received from small businesses regarding the emergency rule.
(b) Verify that the emergency rule does not conflict with, overlap, or duplicate other rules or federal regulations.
AB267, s. 13
Section
13. 227.30 of the statutes is created to read:
227.30 Review of administrative rules
or guidelines. (1) Each agency shall, during the 5-year period beginning on the effective date of this subsection .... [revisor inserts date], review the rules and guidelines of the agency to determine whether any of those rules or guidelines place an unnecessary burden on the ability of small businesses, as defined in s. 227.114 (1), to conduct their affairs. If an agency determines that a rule or guideline places an unnecessary burden on the ability of a small business to conduct its affairs, the agency shall repeal the rule or guideline or amend the rule or guideline to remove the unnecessary burden.
(2) In reviewing a rule or guideline under this section, the agency shall consider all of the following:
(a) The continued need for the rule or guideline.
(b) The nature of the complaints and comments received from the public regarding the rule or guideline.
(c) The complexity of the rule or guideline.
(d) The extent to which the rule or guideline overlaps, duplicates, or conflicts with federal regulations, other state rules, or local ordinances.
(e) The length of time since the rule or guideline has been evaluated.
(f) The degree to which technology, economic conditions, or other factors have changed in the subject area affected by the rule or guideline since the rule or guideline was promulgated or established.
(3) The agency shall annually, on the first day of the 12th month beginning after the effective date of this subsection .... [revisor inserts date], for the 5-year period, submit a report to the legislature under s. 13.172 (2) describing the agency's review of its rules and guidelines and any actions taken regarding those rules or guidelines during the previous year. The agency shall send a copy of that report to the small business regulatory review board.
AB267, s. 14
Section
14. 227.40 (2) (f) of the statutes is created to read:
227.40 (2) (f) Proceedings under s. 227.114 (6m) or 227.14 (2t).
AB267, s. 15
Section
15. 227.485 (2) (c) of the statutes is amended to read:
227.485 (2) (c) "Small business" means a business entity, including its affiliates, which is independently owned and operated, and which employs 25 or fewer
than 25 full-time employees or which has gross annual sales of less than $2,500,000 $5,000,000.
AB267, s. 15t
Section 15t. 814.245 (2) (b) of the statutes is amended to read:
814.245 (2) (b) "Small business" means a business entity, including its affiliates, which is independently owned and operated, and which employs 25 or fewer
than 25 full-time employees or which has gross annual sales of less than $2,500,000 $5,000,000.
AB267, s. 16
Section
16. 814.245 (5) (a) 2. of the statutes is amended to read:
814.245 (5) (a) 2. Attorney or agent fees may not be awarded in excess of $75 $150 per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys or agents, justifies a higher fee.
AB267, s. 17
Section
17. 895.59 of the statutes is created to read:
895.59 Liability exemption; disclosure of rule violations. (1) In this section:
(a) "Agency" has the meaning given in s. 227.01 (1).
(b) "Small business" has the meaning given in s. 227.114 (1), but does not include an entity, as defined in s. 48.685 (1) (b) or 50.065 (1) (c).
(2) A small business that voluntarily discloses information to the appropriate agency about an actual or potential violation of an administrative rule shall be immune from the imposition of a civil or criminal penalty that could be imposed for the violation if all of the following apply.
(a) The voluntary disclosure is made within 45 days after the small business knew that an actual or potential violation occurred.
(b) The small business making the disclosure initiates an appropriate and good faith effort to achieve compliance with the administrative rule, pursues compliance with due diligence and promptly corrects the noncompliance after discovery of the violation.
(c) The small business cooperates with any reasonable request by the agency in any investigation that results from the disclosure.
(3) A penalty may be imposed for the violation of an administrative rule notwithstanding sub. (2) if any of the following applies:
(a) The violation resulted in serious harm or endangerment to public health, safety, or welfare.
(b) The violation resulted in a substantial economic benefit that gave the violator a clear advantage over its business competitors.
(c) The small business that committed the violation has a pattern of continuous or repeated violations of administrative rules.
(1) Notwithstanding the length of terms specified for the representatives of small businesses of the small business regulatory review board under section 15.155 (5) of the statutes, as created by this act, 3 of the initial representatives of small businesses shall be appointed for terms expiring on May 1, 2005, and the other 3 initial representatives of small businesses shall be appointed for terms expiring on May 1, 2006.
(1) This act takes effect on the first day of the 4th month beginning after publication.
