HB 347

1
A bill to be entitled
2An act relating to administrative procedures; amending s.
311.60, F.S.; requiring the Administrative Procedures
4Committee to provide certain assistance with a review of
5rules and nonrule policy; amending ss. 11.908, 11.911, and
611.919, F.S.; conforming terminology; amending s. 120.52,
7F.S.; defining the term "nonrule policy"; amending s.
8120.54, F.S.; conforming terminology; amending s. 120.545,
9F.S.; requiring the committee to establish a system for
10persons to submit proposals for the repeal of certain
11rules and nonrule policy; directing the committee to
12provide certain information to the Small Employer
13Regulatory Advisory Council and applicable agencies;
14requiring agencies to display a poster containing
15specified information; amending ss. 120.80 and 120.81,
16F.S.; conforming cross-references; amending s. 288.7001,
17F.S.; defining the terms "nonrule policy" and "small
18employer" and conforming other definitions to changes made
19by the act; renaming the Small Business Regulatory
20Advisory Council as the Small Employer Regulatory Advisory
21Council; revising qualifications of council members;
22revising powers and duties of the council; revising
23authority of the council to review rules; providing for
24the council's review of nonrule policy; amending s.
25288.7002, F.S.; requiring the Florida Small Business
26Advocate to provide certain assistance with the council's
27review of rules and nonrule policy; conforming terminology
28and other provisions to changes made by the act; amending
29ss. 420.9072 and 420.9075, F.S.; conforming cross-
30references; directing agencies to establish workgroups to
31identify rules and nonrule policy that impact small
32employers; requiring agencies to review and repeal certain
33rules and nonrule policy by a specified date; authorizing
34the director of the Florida Small Business Development
35Center Network to extend the deadline under certain
36circumstances; directing agencies to submit specified
37information to the council; directing the Florida Small
38Business Advocate and Administrative Procedures Committee
39to assist agencies in reviewing rules and nonrule policy;
40requiring the council and the Office of Program Policy
41Analysis and Government Accountability to submit reports
42to the Governor and Legislature; requiring an agency head
43to appear before the committee and submit an explanation
44of the agency's failure to comply with the act under
45certain circumstances; requiring the committee's review of
46the agency's explanation; providing for future repeal;
47providing an effective date.
48
49Be It Enacted by the Legislature of the State of Florida:
50
51     Section 1.  Paragraph (n) is added to subsection (2) of
52section 11.60, Florida Statutes, to read:
53     11.60  Administrative Procedures Committee; creation;
54membership; powers; duties.--
55     (2)  The committee shall:
56     (n)  Assist the Small Employer Regulatory Advisory Council
57with the council's periodic review of rules and nonrule policy
58under s. 288.7001.
59     Section 2.  Subsection (2) of section 11.908, Florida
60Statutes, is amended to read:
61     11.908  Committee duties.--No later than March 1 of the
62year in which a state agency or its advisory committees are
63scheduled to be reviewed, the committee shall and the joint
64committee may:
65     (2)  Consult with the Legislative Budget Commission, the
66Small Employer Business Regulatory Advisory Council, relevant
67substantive and appropriations committees of the Senate and the
68House of Representatives, the Governor's Office of Policy and
69Budgeting, the Auditor General, and the Chief Financial Officer,
70or their successors, relating to the review of the agency and
71its advisory committees.
72     Section 3.  Paragraph (a) of subsection (2) of section
7311.911, Florida Statutes, is amended to read:
74     11.911  Committee recommendations.--
75     (2)  In its report on a state agency, the joint committee
76shall:
77     (a)  Make recommendations on the abolition, continuation,
78or reorganization of each state agency and its advisory
79committees and on the need for the performance of the functions
80of the agency and its advisory committees. If the committee
81recommends continuation or reorganization, the committee shall
82include in its recommendations the report of the Small Employer
83Business Regulatory Advisory Council, as provided in s.
84288.7001, regarding the rules of each agency.
85     Section 4.  Subsection (1) of section 11.919, Florida
86Statutes, is amended to read:
87     11.919  Assistance of and access to state agencies.--
88     (1)  The committee and the Small Employer Business
89Regulatory Advisory Council may access or request information
90and request the assistance of state agencies and officers. When
91assistance is requested, a state agency or officer shall assist
92the committee and the Small Employer Business Regulatory
93Advisory Council.
94     Section 5.  Subsections (12) through (22) of section
95120.52, Florida Statutes, are renumbered as subsections (13)
96through (23), respectively, and a new subsection (12) is added
97to that section to read:
98     120.52  Definitions.--As used in this act:
99     (12)  "Nonrule policy" means each agency statement of
100general applicability that implements, interprets, or prescribes
101law or policy or describes the procedure or practice
102requirements of an agency, and includes any form that imposes
103any requirement or solicits any information not specifically
104required by statute or by an existing rule, but that is not a
105rule. The term includes an unadopted rule.
106     Section 6.  Paragraph (b) of subsection (3) of section
107120.54, Florida Statutes, is amended to read:
108     120.54  Rulemaking.--
109     (3)  ADOPTION PROCEDURES.--
110     (b)  Special matters to be considered in rule adoption.--
111     1.  Statement of estimated regulatory costs.--Prior to the
112adoption, amendment, or repeal of any rule other than an
113emergency rule, an agency is encouraged to prepare a statement
114of estimated regulatory costs of the proposed rule, as provided
115by s. 120.541. However, an agency shall prepare a statement of
116estimated regulatory costs of the proposed rule, as provided by
117s. 120.541, if the proposed rule will have an impact on small
118business.
119     2.  Small businesses, small counties, and small cities.--
120     a.  Each agency, before the adoption, amendment, or repeal
121of a rule, shall consider the impact of the rule on small
122businesses as defined by s. 288.703 and the impact of the rule
123on small counties or small cities as defined by s. 120.52.
124Whenever practicable, an agency shall tier its rules to reduce
125disproportionate impacts on small businesses, small counties, or
126small cities to avoid regulating small businesses, small
127counties, or small cities that do not contribute significantly
128to the problem the rule is designed to address. An agency may
129define "small business" to include businesses employing more
130than 100 persons, may define "small county" to include those
131with populations of more than 75,000, and may define "small
132city" to include those with populations of more than 10,000, if
133it finds that such a definition is necessary to adapt a rule to
134the needs and problems of small businesses, small counties, or
135small cities. The agency shall consider each of the following
136methods for reducing the impact of the proposed rule on small
137businesses, small counties, and small cities, or any combination
138of these entities:
139     (I)  Establishing less stringent compliance or reporting
140requirements in the rule.
141     (II)  Establishing less stringent schedules or deadlines in
142the rule for compliance or reporting requirements.
143     (III)  Consolidating or simplifying the rule's compliance
144or reporting requirements.
145     (IV)  Establishing performance standards or best-management
146practices to replace design or operational standards in the
147rule.
148     (V)  Exempting small businesses, small counties, or small
149cities from any or all requirements of the rule.
150     b.(I)  If the agency determines that the proposed action
151will affect small businesses as defined by the agency as
152provided in sub-subparagraph a., the agency shall send written
153notice of the rule to the Small Employer Business Regulatory
154Advisory Council and the Office of Tourism, Trade, and Economic
155Development not less than 28 days prior to the intended action.
156     (II)  Each agency shall adopt those regulatory alternatives
157offered by the Small Employer Business Regulatory Advisory
158Council and provided to the agency no later than 21 days after
159the council's receipt of the written notice of the rule which it
160finds are feasible and consistent with the stated objectives of
161the proposed rule and which would reduce the impact on small
162businesses. When regulatory alternatives are offered by the
163Small Employer Business Regulatory Advisory Council, the 90-day
164period for filing the rule in subparagraph (e)2. is extended for
165a period of 21 days.
166     (III)  If an agency does not adopt all alternatives offered
167pursuant to this sub-subparagraph, it shall, prior to rule
168adoption or amendment and pursuant to subparagraph (d)1., file a
169detailed written statement with the committee explaining the
170reasons for failure to adopt such alternatives. Within 3 working
171days of the filing of such notice, the agency shall send a copy
172of such notice to the Small Employer Business Regulatory
173Advisory Council. The Small Employer Business Regulatory
174Advisory Council may make a request of the President of the
175Senate and the Speaker of the House of Representatives that the
176presiding officers direct the Office of Program Policy Analysis
177and Government Accountability to determine whether the rejected
178alternatives reduce the impact on small business while meeting
179the stated objectives of the proposed rule. Within 60 days after
180the date of the directive from the presiding officers, the
181Office of Program Policy Analysis and Government Accountability
182shall report to the Administrative Procedures Committee its
183findings as to whether an alternative reduces the impact on
184small business while meeting the stated objectives of the
185proposed rule. The Office of Program Policy Analysis and
186Government Accountability shall consider the proposed rule, the
187economic impact statement, the written statement of the agency,
188the proposed alternatives, and any comment submitted during the
189comment period on the proposed rule. The Office of Program
190Policy Analysis and Government Accountability shall submit a
191report of its findings and recommendations to the Governor, the
192President of the Senate, and the Speaker of the House of
193Representatives. The Administrative Procedures Committee shall
194report such findings to the agency, and the agency shall respond
195in writing to the Administrative Procedures Committee if the
196Office of Program Policy Analysis and Government Accountability
197found that the alternative reduced the impact on small business
198while meeting the stated objectives of the proposed rule. If the
199agency will not adopt the alternative, it must also provide a
200detailed written statement to the committee as to why it will
201not adopt the alternative.
202     Section 7.  Subsection (9) is added to section 120.545,
203Florida Statutes, to read:
204     120.545  Committee review of agency rules.--
205     (9)(a)  The committee shall establish a system that permits
206a person to identify provisions of an agency's rule or nonrule
207policy that the person suggests have an impact on small
208employers as defined in s. 288.7001 and propose that the agency
209repeal the rule or discontinue all reliance upon the nonrule
210policy. The system must allow a person to submit his or her
211proposal through a statewide toll-free telephone number or
212Internet website and give the person the option to submit the
213proposal without disclosing the person's name or personal
214identifying information. The committee shall forward a copy of
215each proposal to the Small Employer Regulatory Advisory Council
216and to the applicable agency.
217     (b)  The committee shall create and make available to each
218agency a poster in English and in Spanish that notifies the
219public of this subsection. The poster must include the statewide
220toll-free telephone number and Internet website. Each agency
221shall prominently display the poster at each location at which
222it displays the Florida minimum wage poster required under s.
223448.109.
224     Section 8.  Subsection (11) of section 120.80, Florida
225Statutes, is amended to read:
226     120.80  Exceptions and special requirements; agencies.--
227     (11)  NATIONAL GUARD.--Notwithstanding s. 120.52(17)(16),
228the enlistment, organization, administration, equipment,
229maintenance, training, and discipline of the militia, National
230Guard, organized militia, and unorganized militia, as provided
231by s. 2, Art. X of the State Constitution, are not rules as
232defined by this chapter.
233     Section 9.  Paragraph (c) of subsection (1) and paragraph
234(a) of subsection (3) of section 120.81, Florida Statutes, are
235amended to read:
236     120.81  Exceptions and special requirements; general
237areas.--
238     (1)  EDUCATIONAL UNITS.--
239     (c)  Notwithstanding s. 120.52(17)(16), any tests, test
240scoring criteria, or testing procedures relating to student
241assessment which are developed or administered by the Department
242of Education pursuant to s. 1003.43, s. 1003.438, s. 1008.22, or
243s. 1008.25, or any other statewide educational tests required by
244law, are not rules.
245     (3)  PRISONERS AND PAROLEES.--
246     (a)  Notwithstanding s. 120.52(14)(13), prisoners, as
247defined by s. 944.02, shall not be considered parties in any
248proceedings other than those under s. 120.54(3)(c) or (7), and
249may not seek judicial review under s. 120.68 of any other agency
250action. Prisoners are not eligible to seek an administrative
251determination of an agency statement under s. 120.56(4).
252Parolees shall not be considered parties for purposes of agency
253action or judicial review when the proceedings relate to the
254rescission or revocation of parole.
255     Section 10.  Section 288.7001, Florida Statutes, is amended
256to read:
257     288.7001  Small Employer Business Regulatory Advisory
258Council.--
259     (1)  SHORT TITLE.--This section may be cited as the "Small
260Employer Business Regulatory Relief Act."
261     (2)  DEFINITIONS.--As used in this section, the term:
262     (a)  "Agency" means an agency as defined in s. 120.52.
263     (b)  "Council" means the Small Employer Business Regulatory
264Advisory Council.
265     (c)  "Nonrule policy" means nonrule policy as defined in s.
266120.52.
267     (d)(c)  "Rule" means a rule as defined in s. 120.52.
268     (e)(d)  "Small employer business" means a person who
269employs 250 or fewer employees in this state or a political
270subdivision as defined in s. 1.01 small business as defined in
271s. 288.703.
272     (3)  CREATION OF SMALL EMPLOYER BUSINESS REGULATORY
273ADVISORY COUNCIL; MEMBERSHIP; POWERS AND DUTIES.--
274     (a)  The Small Employer Business Regulatory Advisory
275Council is created. The council shall consist of nine members
276who are current or former small employers business owners, three
277appointed by the Governor, three appointed by the President of
278the Senate, and three appointed by the Speaker of the House of
279Representatives. The initial appointments to the council must be
280made within 60 days after the effective date of this act. The
281members shall be from different geographic regions of the state.
282Members shall serve 4-year terms; however, in order to establish
283staggered terms, for the initial appointments, each appointing
284official shall appoint one member to a 2-year term and two
285members to a 4-year term. A member shall not serve more than
286three consecutive terms. Members shall select the chairperson
287from among the members of the council. The council shall meet
288quarterly or upon the call of the chairperson. A majority of the
289members constitutes a quorum for the conduct of business.
290Members of the council shall serve without compensation. The
291appointing official may remove his or her appointee without
292cause at any time. A member whose term has expired shall
293continue to serve on the council until such time as a
294replacement is appointed. Vacancies shall be filled for the
295remainder of the term and by the original appointing official.
296     (b)  The council is established, assigned to, and
297administratively housed within the Florida Small Business
298Development Center Network, which shall provide staff support to
299the council.
300     (c)  The council may:
301     1.  Provide agencies with recommendations regarding
302proposed rules, nonrule policy, or programs that may adversely
303affect small employers business;
304     2.  Consider requests from small employers business owners
305to review rules, nonrule policy, or programs adopted by an
306agency;
307     3.  Consider requests from small employers business owners
308to review their small business owners' private property rights
309related to rules, nonrule policy, or programs adopted or
310implemented by an agency; and
311     4.  Review rules and nonrule policy adopted promulgated by
312an agency to determine whether a rule or nonrule policy places
313an unnecessary burden on small employers business and make
314recommendations to the agency to mitigate the adverse effects.
315     (d)  The council does not have authority to:
316     1.  Initiate or intervene in any administrative or judicial
317proceeding; or
318     2.  Issue subpoenas.
319     (e)  The council shall prepare and submit a written annual
320report to the Governor, the President of the Senate, and the
321Speaker of the House of Representatives that describes the
322activities and recommendations of the council.
323     (4)  PERIODIC REVIEW OF RULES AND NONRULE POLICY.--
324     (a)  In coordination with the sunset review schedule
325provided in s. 11.905, the council may review rules and nonrule
326policy of agencies subject to sunset review to determine whether
327the rules or nonrule policy should be continued without change
328or should be amended or repealed to reduce the impact of the
329rules and nonrule policy on small employers businesses, subject
330to the requirement that the recommendations of the council must
331be feasible and consistent with the stated objectives of the
332rules or nonrule policy.
333     (b)  In reviewing agency rules and nonrule policy to reduce
334the impact on small employers businesses, the council, in
335coordination with the agency, shall consider the following
336factors:
337     1.  Continued need for the rule or nonrule policy;
338     2.  The nature of complaints or comments received from the
339public concerning the rule or nonrule policy;
340     3.  The complexity of the rule or nonrule policy;
341     4.  The extent to which the rule or nonrule policy
342overlaps, duplicates, or conflicts with other federal, state,
343and local government rules; and
344     5.  The length of time since the rule or nonrule policy was
345has been evaluated or the degree to which technology, economic
346conditions, or other factors have changed in the topical area
347affected by the rule or nonrule policy.
348     (c)  Within 6 months after the agency report is submitted
349to the Joint Legislative Sunset Committee pursuant to s. 11.907,
350the council shall provide a report to the Governor, the
351President of the Senate, the Speaker of the House of
352Representatives, and the Joint Legislative Sunset Committee that
353includes recommendations and evaluations of agency rules,
354nonrule policy, and programs regarding regulatory fairness for
355small employers businesses. A component of the report shall be a
356rating system, developed by the council, entitled "Small
357Employer Business Friendliness and Development Scorecard."
358     Section 11.  Paragraph (b) of subsection (3) of section
359288.7002, Florida Statutes, is amended to read:
360     288.7002  Small business advocate.--
361     (3)  DIRECTOR OF THE OFFICE OF SMALL BUSINESS ADVOCATE;
362APPOINTMENT; DUTIES.--
363     (b)  The duties and functions of the advocate shall include
364the following:
365     1.  Act as staff for the Small Employer Business Regulatory
366Advisory Council.
367     2.  Serve as principal advocate in the state on behalf of
368small businesses, including, but not limited to, advisory
369participation in the consideration of all legislation and
370administrative rules that affect small businesses and advocacy
371on state policy and programs related to small businesses on
372disaster preparedness and recovery, including providing
373technical assistance.
374     3.  Represent the views and interests of small businesses
375before agencies whose policies and activities may affect small
376businesses. Among other activities, the advocate may encourage
377standardized applications and information packages that would
378include all the information needed by each agency that a
379business has to deal with to prevent an applicant from having to
380fill out duplicative information on forms from various agencies.
381     4.  Enlist the cooperation and assistance of public and
382private agencies, businesses, and other organizations in
383disseminating information about the programs and services
384provided by all levels of government that are of benefit to
385small businesses and information on how small businesses can
386participate in, or make use of, those programs and services.
387     5.  Issue a report every 2 years evaluating the efforts of
388agencies that significantly regulate small businesses, to assist
389minority and other small business enterprises and to make
390recommendations that may be appropriate to assist the
391development and strengthening of minority and other small
392business enterprises.
393     6.  Consult with experts and authorities in the fields of
394small business investment, venture capital investment, and
395commercial banking and other comparable financial institutions
396involved in the financing of business; with individuals with
397regulatory, legal, economic, or financial expertise, including
398members of the academic community; and with individuals who
399generally represent the public interest.
400     7.  Seek the assistance and cooperation of all agencies and
401departments providing services to, or affecting, small business,
402to ensure coordination of state efforts.
403     8.  Receive and respond to complaints from small businesses
404concerning the actions of agencies and the operative effects of
405state laws and regulations adversely affecting those businesses.
406The advocate shall establish an annual process for small
407businesses, and for small employers as defined in s. 288.7001,
408to nominate agency rules, nonrule policy, or programs for
409reform. The advocate shall publish those nominations online and
410update the status of agency action on the proposed reforms twice
411yearly.
412     9.  Counsel small businesses on how to resolve questions
413and problems concerning the relationship of small business to
414state government.
415     10.  Maintain, publicize, and distribute an annual list of
416persons serving as small business ombudsmen throughout state
417government.
418     11.  Coordinate a statewide conference on small business
419with public and private organizations and entities impacting
420small business in the state.
421     12.  Coordinate annual public meetings to share best
422practices for small business disaster preparedness. The meetings
423shall be held in consultation with regional and statewide small
424business organizations and shall take place in different
425locations throughout the state.
426     13.  Assist the Small Employer Regulatory Advisory Council
427with the council's periodic review of rules and nonrule policy
428under s. 288.7001.
429     Section 12.  Paragraph (a) of subsection (1) of section
430420.9072, Florida Statutes, is amended to read:
431     420.9072  State Housing Initiatives Partnership
432Program.--The State Housing Initiatives Partnership Program is
433created for the purpose of providing funds to counties and
434eligible municipalities as an incentive for the creation of
435local housing partnerships, to expand production of and preserve
436affordable housing, to further the housing element of the local
437government comprehensive plan specific to affordable housing,
438and to increase housing-related employment.
439     (1)(a)  In addition to the legislative findings set forth
440in s. 420.6015, the Legislature finds that affordable housing is
441most effectively provided by combining available public and
442private resources to conserve and improve existing housing and
443provide new housing for very-low-income households, low-income
444households, and moderate-income households. The Legislature
445intends to encourage partnerships in order to secure the
446benefits of cooperation by the public and private sectors and to
447reduce the cost of housing for the target group by effectively
448combining all available resources and cost-saving measures. The
449Legislature further intends that local governments achieve this
450combination of resources by encouraging active partnerships
451between government, lenders, builders and developers, real
452estate professionals, advocates for low-income persons, and
453community groups to produce affordable housing and provide
454related services. Extending the partnership concept to encompass
455cooperative efforts among small counties as defined in s.
456120.52(20)(19), and among counties and municipalities is
457specifically encouraged. Local governments are also intended to
458establish an affordable housing advisory committee to recommend
459monetary and nonmonetary incentives for affordable housing as
460provided in s. 420.9076.
461     Section 13.  Subsection (7) of section 420.9075, Florida
462Statutes, is amended to read:
463     420.9075  Local housing assistance plans; partnerships.--
464     (7)  The moneys deposited in the local housing assistance
465trust fund shall be used to administer and implement the local
466housing assistance plan. The cost of administering the plan may
467not exceed 5 percent of the local housing distribution moneys
468and program income deposited into the trust fund. A county or an
469eligible municipality may not exceed the 5-percent limitation on
470administrative costs, unless its governing body finds, by
471resolution, that 5 percent of the local housing distribution
472plus 5 percent of program income is insufficient to adequately
473pay the necessary costs of administering the local housing
474assistance plan. The cost of administering the program may not
475exceed 10 percent of the local housing distribution plus 5
476percent of program income deposited into the trust fund, except
477that small counties, as defined in s. 120.52(20)(19), and
478eligible municipalities receiving a local housing distribution
479of up to $350,000 may use up to 10 percent of program income for
480administrative costs.
481     Section 14.  (1)  Each agency as defined in s. 120.52,
482Florida Statutes, within existing appropriations, shall:
483     (a)  Establish one or more workgroups to review the impact
484of the agency's rules and nonrule policy on small employers as
485defined in s. 288.7001, Florida Statutes. A workgroup must
486include representatives of stakeholder groups and trade
487associations affected by the agency's rules or nonrule policy
488and individual citizens. Members of a workgroup shall serve at
489their own expense and may not receive compensation, per diem, or
490reimbursement for travel expenses related to their membership on
491the workgroup.
492     (b)  Compile a list of the provisions of the agency's rules
493and nonrule policy determined by the workgroups to have an
494impact on small employers. The workgroups may consider, but are
495not limited by, the factors described in s. 288.7001(4)(b),
496Florida Statutes.
497     (c)  Submit to the Small Employer Regulatory Advisory
498Council by September 15, 2009, the list of provisions of rule
499and nonrule policy identified by the workgroups. The list must
500specify the provisions of rule that the agency proposes to
501repeal and the provisions of nonrule policy upon which the
502agency proposes to discontinue all reliance. If the agency has
503initiated rulemaking proceedings to repeal an identified
504provision of rule, the list must be accompanied by a copy of the
505notice of the proposed repeal as published in the Florida
506Administrative Weekly.
507     (d)  Repeal or discontinue all reliance upon at least 25
508percent of the provisions of the agency's rules and nonrule
509policy that have an impact on small employers by December 1,
5102009. The director of the Florida Small Business Development
511Center Network may extend the deadline by up to 180 days for an
512agency that submits a written request to the director describing
513the reasons that an extension is needed and demonstrating that
514the agency, despite a diligent effort to comply with this
515section, is not able to complete its repeal of rules or
516discontinuation of reliance upon nonrule policy by the deadline.
517     (e)  Notify the Small Employer Regulatory Advisory Council
518of the agency's rulemaking proceedings to repeal the identified
519provisions of rule by January 15, 2010, or, if the deadline is
520extended, within 45 days after the extended deadline. The notice
521shall also specify the provisions of nonrule policy upon which
522the agency has discontinued all reliance.
523     (2)  The Florida Small Business Advocate and Administrative
524Procedures Committee shall assist each agency with its
525identification and review of rules and nonrule policy that have
526an impact on small employers.
527     (3)  By March 1, 2010, the Small Employer Regulatory
528Advisory Council shall submit a written report to the Governor,
529the President of the Senate, and the Speaker of the House of
530Representatives. The report must describe each agency's
531compliance with this section. By August 1, 2010, the council
532shall submit an updated report that describes each agency's
533compliance as of June 30, 2010. The council shall also report an
534agency's compliance with this section as part of the agency's
535Small Employer Friendliness and Development Scorecard under s.
536288.7001(4)(c), Florida Statutes.
537     (4)(a)  By November 1, 2010, the Office of Program Policy
538Analysis and Government Accountability, in consultation with the
539Small Employer Regulatory Advisory Council and the
540Administrative Procedures Committee, shall submit a report to
541the Governor, the President of the Senate, and the Speaker of
542the House of Representatives. The report must identify each
543state agency that is subject to this section and evaluate the
544extent to which the agency has repealed or discontinued all
545reliance upon at least 25 percent of the provisions of rule and
546nonrule policy that have an impact on small employers.
547     (b)     If the Office of Program Policy Analysis and
548Government Accountability finds in its report than an agency has
549failed to repeal or discontinue all reliance upon at least 25
550percent of the provisions of the agency's rules and nonrule
551policy that have an impact on small employers, the agency head
552must submit to the Administrative Procedures Committee a written
553explanation of the agency's failure to comply with this section.
554The committee, upon receiving an agency's explanation, shall
555review the explanation as soon as practicable but before
556adjournment sine die of the 2011 Regular Session of the
557Legislature. The agency head or his or her designee shall appear
558before the committee at the meeting at which the committee
559reviews the agency's explanation.
560     (5)  This section is repealed July 1, 2011.
561     Section 15.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.