Bill Text: DE HB255 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 29, Chapter 104 Of The Delaware Code Relating To The Regulatory Feasibility Act.
Sponsorship: Slight Partisan Bill (Republican 9-3)
Status: (Introduced - Dead) 2012-01-24 - Introduced and Assigned to House Administration Committee in House [HB255 Detail]
Download: Delaware-2011-HB255-Draft.html
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SPONSOR: |
Rep. Lavelle & Rep. Hudson & Rep. D. Short & Sen. Venables & Sen. Booth |
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Reps. Hocker, Briggs King, Peterman, Willis, B. Short; Sen. Sokola |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 255 |
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AN ACT TO AMEND TITLE 29, CHAPTER 104 OF THE DELAWARE CODE RELATING TO THE REGULATORY FEASIBILITY ACT. |
Section 1.Amend Chapter 104, Title 29 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§10407. Review of preexisting rules and regulations.
Each
agency shall, during the 5-year period beginning with July 1, 1983, review
agency rules which were published for comment, issued or in effect prior to
such date and consider exemptions permitted by this chapter.
� 10407.Review of preexisting rules and regulations.
(a)Within five(5) years of the enactment of this law, each agency shall review all agency regulations existing at the time of enactment to determine whether such regulations should be readopted unchanged, amended, or repealed, consistent with the stated objectives of those statutes, to minimize economic impact of the regulations on the people andbusinesses of Delaware in a manner consistent with the stated objective of applicable statutes.
(b)Regulations adopted after the enactment of this law shall be reviewed every five (5) years after publication of such regulations as the final regulation to ensure that such regulations minimize the economic impact on the people and businesses of Delaware in a manner consistent with the stated objectives of applicable statutes.
(c)All regulations readopted or unchanged or amended following review pursuant to this section shall be reviewed every five (5) years after a prior review.
(d)In reviewing regulations to minimize the economic impact of the regulations on the people and businesses of Delaware, the agency shall consider the following factors:
(1)The continued need for the regulation;
(2)The nature of complaints or comments received from the public concerning the regulation;
(3)The complexity of the regulation;
(4)The extent to which the regulation overlaps, duplicates or conflicts with other Federal, State, and/or local governmental regulations; and
(5)The length of time since the regulation has been evaluated and/or the degree to which technology, economic conditions, or other factors have changed in the area affected by the regulation.
(e)Such review and readoption, amendment or repeal done pursuant to this section, shall be preceded by publication pursuant to Chapter 101 of Title 29.
(f)The Registrar of Regulations shall develop a system that provides sufficient notice to the promulgating agency of the expiration of the period of review referenced in this section.
SYNOPSIS
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This bill requires all regulations to be reviewed every five years to determine if the regulation should be amended, repealed, or left unchanged. |
