Bill Text: DE HB201 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To The Regulatory Flexibility Act To Provide For Legislative Oversight And Transparency Regarding The Adoption Of Rules And Regulations By State Agencies. [Track Bill]
Status: 2012-04-04 - Reported Out of Committee (HOUSE ADMINISTRATION) in House with 1 Favorable, 2 On Its Merits, 1 Unfavorable [HB201 Detail]
Rep. Hocker & Rep. Carson & Sen. Venables & Sen. Bunting;
Reps. Lavelle, Blakey, Briggs King, Hudson, Kenton, Lee, Manolakos, Miro, Outten, Peterman, Ramone, D. Short, Willis, Wilson, Bennett, Q. Johnson; Sens. Bonini, Booth, Lawson, Simpson
HOUSE OF REPRESENTATIVES
146th GENERAL ASSEMBLY
HOUSE BILL NO. 201
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE REGULATORY FLEXIBILITY ACT TO PROVIDE FOR LEGISLATIVE OVERSIGHT AND TRANSPARENCY REGARDING THE ADOPTION OF RULES AND REGULATIONS BY STATE AGENCIES.
Section 1.Amend §10401, Title 29 of the Delaware Code by inserting after the word "Flexibility" and before the word "Act" the words "and Oversight".
Section 2.Amend §10402(a), Title 29 of the Delaware Code by adding a new subparagraph (7) to subsection (a) to read:
"(a)(7) A need exists for agencies that are delegated authority by the General Assembly to adopt and amend rules and regulations to disclose the statutory basis and justification for proposals, and to assess and disclose the impact of the proposals on those being regulated.".
Section 3.Amend §10402(b), Title 29 of the Delaware Code by adding at the end of subsection (b) the following:
"It is further the purpose of this chapter to provide for legislative oversight and public transparency by requiring agencies to prepare and publish a regulatory impact statement as provided herein, to be filed together with the proposed adoption or amendment of rules and regulations.".
Section 4.Amend §10403, Title 29 of the Delaware Code by adding the following:
"(4) ‘Regulatory impact statement' means a summary of information prepared and published by an agency as part of the process of adopting or amending rules and regulations which contains:
a. a specific reference to the statutory provision which allows for the adoption or amendment of the rule or regulation and the statutory provisions which address the subject matter of the rule or regulation;
b. the purpose of the rule or regulation;
c. the manner in which the intended purpose of the rule or regulation will be satisfied;
d. the class or group of persons who would be subject to compliance under the rule or regulation;
e. the potential means by which those being regulated could comply with the rule or regulation;
f. the potential cost of compliance, both short-term and long-term, for those being regulated;
g. the means by which the rule or regulation would be enforced and the cost related thereto; and
h. the benefit to the public interest resulting from the adoption or amendment of the rule or regulation.
(5) ‘Person' means any individual, partnership, corporation, company, association, institution, cooperative enterprise, municipality, commission, political subdivision, or other duly established legal entity.".
Section 5.Amend §10404. Title 29 of the Delaware Code by adding "and regulatory impact statements" at the end of the descriptive heading and before the period (".").
Section 6.Amend §10404, Title 29 of the Delaware Code by adding the following new subsections to read:
"(c) Any agency which proposes to adopt or amend a rule or regulation which can be enforced by the imposition of a civil penalty, criminal penalty, or other sanction shall prepare a regulatory impact statement to be published by the Registrar of Regulations as part of the notice requirements set forth in §10115 of this title.
(d) Failure of any agency to satisfy the requirements of subsection (c) of this section shall render the adoption or amendment of the proposed rule or regulation null and void, and such action shall be subject to review under the provisions of §10141 of this title.
(e) Rules and regulations exempted from the requirements of subsections (c) and (d) of this section are:
1.Emergency rules and regulations adopted pursuant to §10119 of this title;
2.Rules and regulations governing practice and procedure used by an agency;
3.Non-substantive changes in existing rules and regulations to alter style or form or to correct a technical error; and
4.Amendments to existing rules or regulations to make them consistent with changes in basic law but which do not otherwise alter the substance of the rule or regulation.".
Section 7.Amend §10405, Title 29 of the Delaware Code by adding the following between the word "rule" as it first appears in §10405 and "shall transmit":
"exempting or setting less stringent standards for individuals and/or small businesses".
Section 8.Amend Chapter 104, Title 29 of the Delaware Code by adding a new section to read:
"§ 10409.Legislative oversight.
Every agency required to prepare a regulatory impact statement pursuant to this chapter shall, at the time of publication, provide a copy of the regulatory impact statement to the members of the appropriate standing committees of the General Assembly having oversight responsibilities for legislation affecting that agency.".
The General Assembly, over the years, has delegated authority to State agencies to adopt and amend rules and regulations which have the force of law and which subject those regulated to civil and criminal penalties and other sanctions.To assure that rules and regulations are properly adopted or amended and to satisfy statutory purposes, it is important that there be transparency, and that those proposing rules and regulations properly assess the economic and other impacts and benefits resulting from implementation of their proposals.The preparation of regulatory impact statements as part of the rule making process will further that purpose.This bill will also provide to the members of the General Assembly having oversight responsibilities valuable information on an ongoing basis regarding the adoption or amendment of rules and regulations by the covered agencies.The requirements of this legislation are similar to those imposed on federal agencies adopting or amending federal rules and regulations.