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 .
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Introduced, passed
Mar 29, 2011
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Committee, passed
Approved
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Senate vote, passed
Passed May 17, 2011
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Assembly vote, passed
Passed Sep 13, 2011
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Governor, passed
Signed
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Law, here now
2011 Wisconsin Act 46
Latest entry in the official record, Nov 7, 2011: “Published 11-15-2011”
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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
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 Show less
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 Hide the names
Authors (5)
- Jim Holperin · Democrat, Senate
- Joe Leibham · Republican, Senate
- Terry Moulton · Republican, Senate
- Luther S. Olsen · Republican, Senate
- Dale Schultz · Republican, Senate
Signed on in support (20)
- Alvin Ott · Republican, Assembly
- Garey Bies · Republican, Assembly
- Edward Brooks · Republican, Assembly
- Mike Endsley · Republican, Assembly
- Mark Honadel · Republican, Assembly
- André Jacque · Republican, Senate
- Dean Kaufert · Republican, Assembly
- Scott Krug · Republican, Assembly
- Daniel LeMahieu · Republican, Assembly
- Dan Meyer · Republican, Assembly
- Jeff Mursau · Republican, Assembly
- John Nygren · Republican, Assembly
- Jerry Petrowski · Republican, Senate
- Roger Rivard · Republican, Assembly
- Richard Spanbauer · Republican, Assembly
- Pat Strachota · Republican, Assembly
- Thomas Larson · Republican, Assembly
- Kathleen Vinehout · Democrat, Senate
- Robin Vos · Republican, Assembly
- Evan Wynn · Republican, Assembly
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
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Nov 7, 2011
The new law was published.
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Nov 2, 2011
The governor signed it. It became 2011 Wisconsin Act 46.
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Oct 31, 2011
Sent to the governor.
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Oct 18, 2011
“Action ordered immediately messaged” (the official wording)
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Sep 14, 2011
Sent to the Senate Committee on Senate Organization.
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Sep 14, 2011
The Senate adopted it.
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Sep 13, 2011
The Assembly passed it too.
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Sep 13, 2011
The Assembly adopted it.
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Aug 23, 2011
Sent to the Assembly Committee on Rules.
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Aug 23, 2011
The committee voted to recommend passing it, 12 to 2.
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May 24, 2011
The committee held a public hearing.
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May 17, 2011
Sent to the Assembly Committee on Jobs, Economy and Small Business.
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May 17, 2011
The Assembly received it.
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May 17, 2011
The Senate passed it.
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May 17, 2011
1 more senator signed on in support.
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May 10, 2011
The committee voted to recommend passing it, 5 to 0.
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Apr 12, 2011
The committee held a public hearing.
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Apr 8, 2011
A state agency sent in its estimate of the cost.
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Apr 6, 2011
A state agency sent in its estimate of the cost.
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Mar 29, 2011
Sent to the Senate Committee on Workforce Development, Small Business, and Tourism.
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Mar 29, 2011
Introduced in the Senate.
See the official record, word for word Hide the official record
- 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
- Mar 29, 2011 · Senate
Read first time and referred to committee on Workforce Development, Small Business, and Tourism
- Apr 6, 2011 · Senate
Fiscal estimate received
- Apr 8, 2011 · Senate
Fiscal estimate received
- Apr 12, 2011 · Senate
Public hearing held
- May 10, 2011 · Senate
Executive action taken
- May 10, 2011 · Senate
Report passage recommended by committee on Workforce Development, Small Business, and Tourism, Ayes 5, Noes 0
- May 10, 2011 · Senate
Available for scheduling
- May 16, 2011 · Senate
Placed on calendar 5-17-2011 pursuant to Senate Rule 18(1)
- May 17, 2011 · Senate
Senator Vinehout added as a coauthor
- May 17, 2011 · Senate
Read a second time
- May 17, 2011 · Senate
Ordered to a third reading
- May 17, 2011 · Senate
Rules suspended
- May 17, 2011 · Senate
Read a third time and passed
- May 17, 2011 · Senate
Ordered immediately messaged
- May 17, 2011 · Assembly
Received from Senate
- May 17, 2011 · Assembly
Read first time and referred to committee on Jobs, Economy and Small Business
- May 24, 2011 · Assembly
Public hearing held
- Aug 8, 2011 · Assembly
Assembly amendment 1 offered by Representative Williams
- Aug 9, 2011 · Assembly
Executive action taken
- Aug 9, 2011 · Assembly
Assembly amendment 2 offered by committee on Jobs, Economy and Small Business
- Aug 9, 2011 · Assembly
Assembly amendment 3 offered by committee on Jobs, Economy and Small Business
- Aug 23, 2011 · Assembly
Report Assembly Amendment 2 adoption recommended by committee on Jobs, Economy and Small Business, Ayes 14, Noes 0
- Aug 23, 2011 · Assembly
Report concurrence as amended recommended by committee on Jobs, Economy and Small Business, Ayes 12, Noes 2
- Aug 23, 2011 · Assembly
Referred to committee on Rules
- Sep 8, 2011 · Assembly
Placed on calendar 9-13-2011 by committee on Rules
- Sep 13, 2011 · Assembly
Rules suspended to withdraw from calendar and take up
- Sep 13, 2011 · Assembly
Read a second time
- Sep 13, 2011 · Assembly
Assembly amendment 2 adopted
- Sep 13, 2011 · Assembly
Assembly amendment 4 offered by Representatives Barca, Bernard Schaber, Seidel and Molepske Jr
- Sep 13, 2011 · Assembly
Assembly amendment 4 laid on table, Ayes 60, Noes 37
- Sep 13, 2011 · Assembly
Assembly amendment 5 offered by Representatives Bernard Schaber, Molepske Jr, Hulsey, Barca and Mason
- Sep 13, 2011 · Assembly
Assembly amendment 5 laid on table, Ayes 60, Noes 37
- Sep 13, 2011 · Assembly
Assembly amendment 6 offered by Representatives Mason, Bernard Schaber, Barca and Molepske Jr
- Sep 13, 2011 · Assembly
Assembly amendment 6 laid on table, Ayes 60, Noes 37
- Sep 13, 2011 · Assembly
Ordered to a third reading
- Sep 13, 2011 · Assembly
Rules suspended
- Sep 13, 2011 · Assembly
Read a third time and concurred in as amended
- Sep 13, 2011 · Assembly
Ordered immediately messaged
- Sep 14, 2011 · Senate
Received from Assembly amended and concurred in as amended, Assembly amendment 2 adopted
- Sep 14, 2011 · Senate
Referred to committee on Senate Organization
- Sep 14, 2011 · Senate
Available for scheduling
- Oct 17, 2011 · Senate
Placed on calendar 10-18-2011 pursuant to Senate Rule 18(1)
- Oct 18, 2011 · Senate
Assembly amendment 2 concurred in
- Oct 18, 2011 · Senate
Action ordered immediately messaged
- Oct 24, 2011 · Senate
Report correctly enrolled on 10-24-2011
- Oct 31, 2011 · Senate
Presented to the Governor on 10-31-2011
- Nov 2, 2011 · Senate
Report approved by the Governor on 11-1-2011. 2011 Wisconsin Act 46
- 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
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