Bill Text: DE HB420 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 29, Chapter 104 Of The Delaware Code Relating To The Regulatory Flexibility Act.
Spectrum: Slight Partisan Bill (Republican 10-5)
Status: (Introduced - Dead) 2016-06-23 - Reported Out of Committee (ECONOMIC DEVELOPMENT/BANKING/INSURANCE/COMMERCE) in House with 8 On Its Merits [HB420 Detail]
Download: Delaware-2015-HB420-Draft.html
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SPONSOR: |
Rep. B. Short & Rep. Q. Johnson & Rep. D. Short & Sen. Hocker |
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Reps. Briggs King, Dukes, Gray, Paradee, Spiegelman, Wilson; Sens. Lavelle, Marshall, Pettyjohn, Townsend |
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HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
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HOUSE BILL NO. 420 |
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AN ACT TO AMEND TITLE 29, CHAPTER 104 OF THE DELAWARE CODE RELATING TO THE REGULATORY FLEXIBILITY ACT. |
Section 1. Amend Title 29, §10403 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(4) "Individual" means any natural person engaged in a business, either as a sole proprietor, officer, director, employee or otherwise, who is affected by a regulation in their capacity as such a business person; provided, however, that the term "individual" shall not include any natural person who is affected by a regulation in such person's capacity as an officer, director or employee of an organization which is not a small business.
Section 2. Amend Title 29, §10404A of the Delaware Code by inserting the following language as subsections (c) and (d) thereof as shown by underline as follows:
(c)Judicial review of actions taken pursuant to this section shall be limited to whether the agency regulatory statement required by §10115 of this title has been submitted.
(d)The obligations set forth in this section do not create an independent private cause of action beyond that set forth in § 10141 of this title.
Section 3.Amend Title 29, §10404B of the Delaware Code by inserting the following language as subsections (c) and (d) thereof as shown by underline as follows:
(c)Judicial review of actions taken pursuant to this section shall be limited to whether the agency regulatory statement required by §10115 of this title has been submitted.
(d)The obligations set forth in this Section do not create an independent private cause of action beyond that set forth in Section 10141 of this Title.
Section 4.If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application; and, to that end, the provisions of this Act are declared to be severable.
Section 5. This Act shall become effective for all new or amended regulations submitted to the Registrar of Regulations on or after January 1, 2016.
SYNOPSIS
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The Regulatory Transparency and Accountability Act of 2015 intended to improve Delaware's regulatory environment for individual proprietors and small businesses, by requiring each agency to submit a "regulatory impact statement" and a "regulatory flexibility analysis" to the Registrar of Regulations, whenever an agency proposes to adopt or amend certain regulations affecting individual proprietors and/or small businesses, and to transmit such agency regulatory statements to the appropriate standing committee of the General Assembly. These amendments clarify that the Regulatory Flexibility Act was not intended to generate new litigation by creating a private right of action to challenge the sufficiency of the agency regulatory statements submitted to the Registrar of Regulations.Rather, judicial review of compliance is limited to the question of whether the required agency regulatory statements were submitted.These amendments also clarify that the definition of the term "individual" is limited to an individual engaged in a business, either as a sole proprietor, officer, director, or employee. |
