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Bills from the 2011–12 session

Senate Bill 47

Changes to the membership of the Small Business Regulatory Review Board, notification to the Small Business Regulatory Review Board of bills with an economic impact on small businesses, the role of the Office of Regulatory Assistance in the Department of Commerce, and requiring the exercise of rule-making authority

Topics: Administration, Department of: Boards and other subdivisions, Administrative rules, Business, Commerce, Department of, State agencies

Became law

The governor signed it on Nov 2, 2011. It's ⁠.

  1. Introduced, passed

    Mar 29, 2011

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed May 17, 2011

  4. Assembly vote, passed

    Passed Sep 13, 2011

  5. Governor, passed

    Signed

  6. Law, here now

    2011 Wisconsin Act 46

Latest entry in the official record, Nov 7, 2011: “Published 11-15-2011”

Read the bill

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What it does

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill makes the following changes to the membership of the Small Business Regulatory Review Board (board), the considerations to be made for small businesses by agencies engaging in administrative rule making, the responsibilities of small business regulatory coordinators in each agency, and the responsibilities of the Office of Regulatory Assistance in the Department of Commerce (Commerce):

Small Business Regulatory Review Board Currently, the membership of the board consists of six representatives of small businesses, the chairpersons of the senate and assembly committees concerned with small businesses, and one representative each from the departments of Administration; Agriculture, Trade and Consumer Protection; Children and Families; Commerce; Health Services; Natural Resources; Regulation and Licensing; Revenue; and Workforce Development. Current law defines "small business" as a business entity, including its affiliates, which is independently owned and operated and not dominant in its field, and which employs 25 or fewer full-time employees or which has gross annual sales of less than $5,000,000.

Read the full summary

The board serves small businesses by reviewing administrative rules proposed by and emergency rules promulgated by agencies to determine the fiscal effect of the rules on small businesses. The board also reviews whether an agency has prepared an analysis for each proposed rule and emergency rule, sufficiently considered the effect of a proposed rule on small businesses, and complied with certain other procedural and substantive requirements as it prepared the proposed rule or emergency rule.

This bill eliminates from the board the representatives of all departments and increases the number of representatives of small businesses on the board to seven.

Rule making: considerations for small businesses Under current law, each state agency must submit proposed administrative rules to the Legislative Council for review, prepare an analysis of the proposed rule, and, with certain exceptions, provide notice of and a public hearing regarding the proposed rule. If an agency determines that a proposed administrative rule may have a significant economic impact on small businesses, the agency must forward a copy of the proposed rule to the board.

Under current law, for each proposed rule that will have an effect on small businesses, an agency must prepare a final regulatory flexibility analysis that includes certain information, including a summary of issues raised by small businesses and any changes made to the proposed rule as a result of information provided by small businesses. A final regulatory flexibility analysis is not required if the agency determines that the rule will not have a significant economic impact on a substantial number of small businesses.

Under certain circumstances, an agency may promulgate an emergency rule without complying with the notice and public hearing requirements. An agency must file a promulgated emergency rule with the Legislative Reference Bureau (LRB). If the emergency rule may have a significant economic impact on small businesses, the agency must submit a copy of the rule to the board on the same day it files the rule with the LRB.

With certain exceptions, a rule promulgated by an agency takes effect on the first day of the first month beginning after the day on which the rule is promulgated.

Generally, an emergency rule takes effect upon publication. A rule that has a significant economic impact on small businesses applies to small businesses no earlier than the first day of the third month beginning after the date of publication.

This bill requires an agency to forward a copy of a proposed administrative rule or an emergency rule to the board if the rule may have an economic impact on small businesses, and not just a significant economic impact. The bill directs the board to then determine whether a proposed rule or emergency rule will have a significant economic impact on a substantial number of small businesses. If the board determines that a proposed rule or emergency rule will have a significant economic impact on a substantial number of small businesses, the board may submit suggested changes in the proposed rule to minimize the economic impact of the proposed rule or emergency rule, or may recommend that the proposed rule, but not the emergency rule, be withdrawn. A final regulatory flexibility analysis is not required under the bill if the board, and not the agency, determines that the rule will not have a significant economic impact on small businesses.

Administrative law: considerations for small business This bill requires each agency, to the extent possible, to do all of the following:

1. Provide assistance to small businesses to help small businesses comply with rules promulgated by the agency.

2. Establish reduced fines and alternative enforcement mechanisms for minor violations of administrative rules by small businesses.

3. Consider the use of a written warning or alternative penalty against a small business found to be in violation of a rule if the small business made a good faith effort to comply with the rule and the rule violation does not pose a threat to public health, safety, or welfare.

Small business regulatory coordinators and the Office of Regulatory Assistance Under current law, each agency must designate a small business regulatory coordinator to act as a point of contact within the agency for regulatory issues involving small businesses. Current law defines "agency" to mean a board, commission, committee, department, or officer in the state government, except the governor, a district attorney, or a military or judicial officer. Also under current law, Commerce operates the Small Business Ombudsman Clearinghouse (clearinghouse) to, in part, assist agencies to encourage the participation of small businesses in rule making and the Office of Regulatory Assistance (office) to assist all businesses with permitting and other regulatory compliance.

The bill requires each agency to designate one employee to serve as the agency's small business regulatory coordinator and clarifies that the small business regulatory coordinator of each agency must work with the clearinghouse and the office to facilitate communication between small businesses and state agencies with respect to administrative rules development and enforcement. Under the bill, the office must operate as a liaison between small businesses and agencies regarding small businesses' compliance with administrative rules and agencies' discretionary enforcement of rules violations against small businesses.

Who's behind it

5 senators are its ⁠. 4 are Republicans and 1 is a Democrat.

20 more lawmakers ⁠.

See all 25 names

Authors (5)

Signed on in support (20)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There were 5 votes on this bill.

Senate Committee on Workforce Development vote to recommend it

Passed, 5 to 0 · May 10, 2011

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage recommended by committee on Workforce Development, Small Business, and Tourism, Ayes 5, Noes 0”. Official record · This vote on its own page

Assembly Committee on Jobs vote on an amendment

Passed, 14 to 0 · Aug 23, 2011

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report Assembly Amendment 2 adoption recommended by committee on Jobs, Economy and Small Business, Ayes 14, Noes 0”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 60 to 37 · Sep 13, 2011

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 4 laid on table, Ayes 60, Noes 37”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 60 to 37 · Sep 13, 2011

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 5 laid on table, Ayes 60, Noes 37”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 60 to 37 · Sep 13, 2011

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 6 laid on table, Ayes 60, Noes 37”. Official record · This vote on its own page

What happened

  1. Nov 7, 2011

    The new law was published.

  2. Nov 2, 2011

    The governor signed it. It became 2011 Wisconsin Act 46.

  3. Oct 31, 2011

    Sent to the governor.

  4. Oct 18, 2011

    “Action ordered immediately messaged” (the official wording)

  5. Sep 14, 2011

    Sent to the Senate Committee on Senate Organization.

  6. Sep 14, 2011

    The Senate adopted it.

  7. Sep 13, 2011

    The Assembly passed it too.

  8. Sep 13, 2011

    The Assembly adopted it.

  9. Aug 23, 2011

    Sent to the Assembly Committee on Rules.

  10. Aug 23, 2011

    The committee voted to recommend passing it, 12 to 2.

  11. May 24, 2011

    The committee held a public hearing.

  12. May 17, 2011

    Sent to the Assembly Committee on Jobs, Economy and Small Business.

  13. May 17, 2011

    The Assembly received it.

  14. May 17, 2011

    The Senate passed it.

  15. May 17, 2011

    1 more senator signed on in support.

  16. May 10, 2011

    The committee voted to recommend passing it, 5 to 0.

  17. Apr 12, 2011

    The committee held a public hearing.

  18. Apr 8, 2011

    A state agency sent in its estimate of the cost.

  19. Apr 6, 2011

    A state agency sent in its estimate of the cost.

  20. Mar 29, 2011

    Sent to the Senate Committee on Workforce Development, Small Business, and Tourism.

  21. Mar 29, 2011

    Introduced in the Senate.

See the official record, word for word
  1. Mar 29, 2011 · Senate

    Introduced by Senators Moulton, Leibham, Olsen, Schultz and Holperin;Cosponsored by Representatives Nygren, T. Larson, Rivard, Bies, Brooks, Endsley, Honadel, Jacque, Kaufert, Krug, LeMahieu, Meyer, Mursau, A. Ott, Petrowski, Spanbauer, Strachota, Vos and Wynn

  2. Mar 29, 2011 · Senate

    Read first time and referred to committee on Workforce Development, Small Business, and Tourism

  3. Apr 6, 2011 · Senate

    Fiscal estimate received

  4. Apr 8, 2011 · Senate

    Fiscal estimate received

  5. Apr 12, 2011 · Senate

    Public hearing held

  6. May 10, 2011 · Senate

    Executive action taken

  7. May 10, 2011 · Senate

    Report passage recommended by committee on Workforce Development, Small Business, and Tourism, Ayes 5, Noes 0

  8. May 10, 2011 · Senate

    Available for scheduling

  9. May 16, 2011 · Senate

    Placed on calendar 5-17-2011 pursuant to Senate Rule 18(1)

  10. May 17, 2011 · Senate

    Senator Vinehout added as a coauthor

  11. May 17, 2011 · Senate

    Read a second time

  12. May 17, 2011 · Senate

    Ordered to a third reading

  13. May 17, 2011 · Senate

    Rules suspended

  14. May 17, 2011 · Senate

    Read a third time and passed

  15. May 17, 2011 · Senate

    Ordered immediately messaged

  16. May 17, 2011 · Assembly

    Received from Senate

  17. May 17, 2011 · Assembly

    Read first time and referred to committee on Jobs, Economy and Small Business

  18. May 24, 2011 · Assembly

    Public hearing held

  19. Aug 8, 2011 · Assembly

    Assembly amendment 1 offered by Representative Williams

  20. Aug 9, 2011 · Assembly

    Executive action taken

  21. Aug 9, 2011 · Assembly

    Assembly amendment 2 offered by committee on Jobs, Economy and Small Business

  22. Aug 9, 2011 · Assembly

    Assembly amendment 3 offered by committee on Jobs, Economy and Small Business

  23. Aug 23, 2011 · Assembly

    Report Assembly Amendment 2 adoption recommended by committee on Jobs, Economy and Small Business, Ayes 14, Noes 0

  24. Aug 23, 2011 · Assembly

    Report concurrence as amended recommended by committee on Jobs, Economy and Small Business, Ayes 12, Noes 2

  25. Aug 23, 2011 · Assembly

    Referred to committee on Rules

  26. Sep 8, 2011 · Assembly

    Placed on calendar 9-13-2011 by committee on Rules

  27. Sep 13, 2011 · Assembly

    Rules suspended to withdraw from calendar and take up

  28. Sep 13, 2011 · Assembly

    Read a second time

  29. Sep 13, 2011 · Assembly

    Assembly amendment 2 adopted

  30. Sep 13, 2011 · Assembly

    Assembly amendment 4 offered by Representatives Barca, Bernard Schaber, Seidel and Molepske Jr

  31. Sep 13, 2011 · Assembly

    Assembly amendment 4 laid on table, Ayes 60, Noes 37

  32. Sep 13, 2011 · Assembly

    Assembly amendment 5 offered by Representatives Bernard Schaber, Molepske Jr, Hulsey, Barca and Mason

  33. Sep 13, 2011 · Assembly

    Assembly amendment 5 laid on table, Ayes 60, Noes 37

  34. Sep 13, 2011 · Assembly

    Assembly amendment 6 offered by Representatives Mason, Bernard Schaber, Barca and Molepske Jr

  35. Sep 13, 2011 · Assembly

    Assembly amendment 6 laid on table, Ayes 60, Noes 37

  36. Sep 13, 2011 · Assembly

    Ordered to a third reading

  37. Sep 13, 2011 · Assembly

    Rules suspended

  38. Sep 13, 2011 · Assembly

    Read a third time and concurred in as amended

  39. Sep 13, 2011 · Assembly

    Ordered immediately messaged

  40. Sep 14, 2011 · Senate

    Received from Assembly amended and concurred in as amended, Assembly amendment 2 adopted

  41. Sep 14, 2011 · Senate

    Referred to committee on Senate Organization

  42. Sep 14, 2011 · Senate

    Available for scheduling

  43. Oct 17, 2011 · Senate

    Placed on calendar 10-18-2011 pursuant to Senate Rule 18(1)

  44. Oct 18, 2011 · Senate

    Assembly amendment 2 concurred in

  45. Oct 18, 2011 · Senate

    Action ordered immediately messaged

  46. Oct 24, 2011 · Senate

    Report correctly enrolled on 10-24-2011

  47. Oct 31, 2011 · Senate

    Presented to the Governor on 10-31-2011

  48. Nov 2, 2011 · Senate

    Report approved by the Governor on 11-1-2011. 2011 Wisconsin Act 46

  49. Nov 7, 2011 · Senate

    Published 11-15-2011

Terms on this page

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote