Bill Text: DE HB306 | 2011-2012 | 146th General Assembly | Draft

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Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To The Regulatory Flexibility Act.

Spectrum: Moderate Partisan Bill (Republican 14-2)

Status: (Introduced - Dead) 2012-04-26 - Introduced and Assigned to House Administration Committee in House [HB306 Detail]

Download: Delaware-2011-HB306-Draft.html

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SPONSOR:	Rep. Hocker & Rep. Lavelle & Rep. D. Short & Sen. Booth;
	Reps. Briggs King, Peterman, Willis, Wilson, Carson, B. Short; Sens. Bonini, Cloutier, Lawson, Simpson, Sorenson

HOUSE OF REPRESENTATIVES

146th GENERAL ASSEMBLY

HOUSE BILL NO. 306

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE REGULATORY FLEXIBILITY ACT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend Chapter 104, Title 29 of the Delaware Code by adding thereto new section as shown by underlining to read:

§10401. Short title.

This chapter shall be known and may be cited as the "Regulatory Flexibility Act."

§10402. Declaration of policy.

(a) The General Assembly finds and declares that:

(1) Numerous instances of obtaining compliance with state regulatory and reporting requirements impose inequitable demands on individuals of limited means and on small businesses.

(2) Regulatory efforts to protect the state's health, safety and economic welfare have imposed burdensome legal, accounting and consulting costs upon individuals, organizations and businesses of limited resources and are adversely affecting competition in that sphere of the marketplace.

(3) The scope and volume of regulations already in effect have created high entry barriers in many small industries and has discouraged potential entrepreneurs from introducing beneficial products and processes.

(4) The practice of treating all regulated individuals, organizations and businesses in uniform manner for purposes of regulatory and reporting requirements has led to inefficient use of regulatory agency resources, enormous enforcement problems and, in some cases, action inconsistent with the legislative intent of health, safety and economic welfare legislation.

(5) Government information collection has not adequately weighed the privacy rights of individuals and organizations against the government's need for information because the design of the regulatory process has encouraged regulators to treat information as a free good.

(6) The deep public dissatisfaction with the regulatory process has stemmed in large part from a public perception of burdensome regulations failing to correct key state problems.

(b) It is the purpose of this chapter to establish as a principle of regulatory policy that regulatory and reporting requirements fit the scale of those being regulated, that fewer, simpler requirements be made of individuals and small businesses and that to achieve these ends agencies be empowered and encouraged to issue regulations which apply differently to individuals and small businesses than to larger entities.

§10406. Application of exemption.

Whenever the results of such consideration by an agency indicate that it is lawful, desirable and feasible to exempt individuals and/or small businesses or to set lesser standards of compliance by individuals and/or small businesses, the agency shall issue a rule or regulation containing an appropriate exemption for such individual and/or small businesses or setting lesser standards for compliance by individuals and/or small businesses.

§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.

§10408. Interagency cooperation.

Every agency of state government is authorized and required to furnish upon request such advice and assistance to any other agency considering exemptions pursuant to this chapter.

§10409. Publication of proposed regulations.

A proposed regulation may not be published in the Register of Regulations unless the agency proposing the regulation has complied with all the applicable provisions of this chapter.

SYNOPSIS

This bill requires that a proposed regulation may not be published in the Register of Regulations unless the agency proposing the regulation has complied with all the applicable provisions of this chapter.