Bill Text: DE HB54 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Chapter 59, Volume 63 Of The Laws Of Delaware, As Amended, The Charter Of The Town Of Dewey Beach, To Make The Town Charter Consistent With Changes To 15 Del. C. Section 7501 Et Seq., Enacted By The 143rd General Assembly, Concerning Municipal Elections.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2009-04-30 - Stricken [HB54 Detail]
Download: Delaware-2009-HB54-Draft.html
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SPONSOR: |
Rep. B. Short & Rep. Bennett & Sen. Katz |
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Reps. Carson, George, Gilligan, Hocker, Hudson, Jaques, Q. Johnson, Kowalko, Mitchell, D. Short, Willis, Sen. Sokola |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 54 |
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AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE REGULATORY FLEXIBILITY ACT AND THE ADMINISTRATIVE PROCEDURES ACT. |
Section 1.Amend Chapter 104, Title 29 of the Delaware Code by striking §10404(a) in its entirety and substituting in place thereof the following:
"(a)Prior to the publication of any proposed regulation, under chapter 101 of this title, an agency shall prepare a regulatory flexibility analysis in which the agency shall, where lawful, feasible and desirable, consider utilizing regulatory methods that will accomplish the objectives of applicable statutes while minimizing the adverse impact on small businesses.The agency shall consider, where applicable, the following methods of reducing the impact of the proposed regulation on small businesses:
(1)The establishment of less stringent compliance or reporting requirements for small businesses;
(2)The establishment of less stringent schedules or deadlines for compliance or reporting requirements for small businesses;
(3)The consolidation or simplification of compliance or reporting requirements for small businesses;
(4)The establishment of performance standards for small businesses to replace design or operational standards required in the proposed regulation; and
(5)The exemption of small businesses from all or part of the requirements contained in the proposed regulation.".
Section 2.Amend Chapter 104, Title 29 of the Delaware Code by striking §10404(b) in its entirety and substituting in place thereof the following:
"(b)Prior to the adoption of any proposed regulation that may have an adverse impact on small businesses, each agency shall prepare an economic impact statement that includes the following:
(1)An identification and estimate of the number of small businesses subject to the proposed regulation;
(2)The projected reporting, recordkeeping, and other administrative costs required for compliance with the proposed regulation, including the type of professional skills necessary for preparation of the report or record;
(3)A statement of the probable effect on impacted small businesses; and
(4)A description of any less-intrusive or less-costly alternative methods of achieving the purpose of the proposed regulation.".
Section 3.Amend Chapter 104, Title 29 of the Delaware Code by striking the language in §10407 in its entirety and substituting in place thereof the following:
"(a)Within four (4) 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, amended or repealed, consistent with the stated objectives of those statutes, to minimize economic impact of the regulations on small businesses in a manner consistent with the stated objective of applicable statutes.If the head of the agency determines that completion of the review of existing regulations is not feasible by the date established above, the agency shall publish a statement certifying such determination.The agency may extend the completion date for such review by one (1) year.
(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 small businesses in a manner consistent with the stated objectives of applicable statutes.
(c)In reviewing regulations to minimize the economic impact of the regulations on small businesses, 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.
(d)Such review and readoption, amendment or repeal done pursuant to this section, shall be preceded by publication pursuant to Chapter 101 of Title 29.
(e)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.".
Section 4.Amend Chapter 104, Title 29 of the Delaware Code by adding a new §10409 to read as follows:
"§ 10409.Judicial Review.
A small business that is adversely affected or aggrieved by final agency action is entitled to judicial review of any regulation, as prescribed in Section 10141 of Title 29.".
Section 5.Amend Chapter 104, Title 29 of the Delaware Code by adding a new §10410 to read as follows:
"§ 10410.Notice.
At the time an agency is required to provide notice of a proposed regulation under §10115 of the Administrative Procedure Act, the agency shall publish the regulatory flexibility analysis and the economic impact statement created pursuant to §10411 of this Chapter.".
Section 6.Amend Chapter 104, Title 29 of the Delaware Code by adding a new section §10411 to read as follows:
"§ 10411.Guidelines.
(a)The Registrar of Regulations, the Department of State and the Office of Management and Budget, in consultation with state regulatory agencies, boards, and commissions, shall prepare and publish guidelines to assist state agencies in preparing the regulatory flexibility analysis and the economic impact statement. The guidelines shall include, but are not limited to:
(1)determining a proposed regulation's potential adverse economic effects on small businesses;
(2)identifying and evaluating alternative methods of achieving the purpose of a proposed regulation;
(3)identifying whether the proposed regulation is exempt from the requirements of this Chapter due to a legislative or federal mandate or previous compliance with the Federal Regulatory Flexibility Act; and
(4)identifying whether the proposed regulation is exempt from the requirements of this Chapter on the basis of the regulation impacting employment or labor law, defining standards of conduct or qualifications of individuals applying for licensure or as licensed professionals.".
Section 7.Amend §10115(a), Chapter 101, Title 29 of the Delaware Code by inserting "the regulatory flexibility analysis and economic impact statement pursuant to §10411 of this title," in between the words "repealed," and the words "with the Registrar".
Section 8.Amend Chapter 101, Title 29 of the Delaware Code by adding a new §10115(d) to read as follows:
"(d)No regulation proposed to be formulated, adopted, amended or repealed shall be published if the requisite notice prescribed in (a) of this section is not submitted with the proposed regulation to the Registrar of Regulations.".
Section 9.Amend §10141(d), Chapter 101, Title 29 of the Delaware Code by deleting the language "(30) days" as it appears therein and replacing it with "(60) days".
Section 10. This Act shall become effective on February 1, 2012.
SYNOPSIS
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Small businesses are the backbone of Delaware's economy.According to recent census statistics, 80% of companies in Delaware have fewer than 20 employees. The goal of the State's Regulatory Flexibility Act is to foster a climate for entrepreneurial success so that small businesses will continue to create jobs, produce innovative new products and services, bring more Delawareans into the economic mainstream, and broaden the tax base. This legislation seeks to further improve the State regulatory climate for small businesses by updating the current Regulatory Flexibility Act based on model legislation prepared by the Small Business Administration's Office of Advocacy and patterned after the federal Regulatory Flexibility Act. This legislation requires agencies to prepare and publish a regulatory flexibility analysis and economic impact study with proposed regulations so that agencies consider the costs of such regulations on small businesses and the feasibility of exemptions or less stringent compliance or reporting requirements.Emergency regulations, regulations impacting employment or labor law and orders would not be subject to these requirements. The legislation also requires agencies to review regulations for impacts on small businesses every five years and extends from 30 to 60 days the period for which judicial review of a final agency order with respect to a regulation is available. The legislation directs the Registrar of Regulations, Department of State and Office of Management and Budget to develop and publish guidelines to be used by State agencies in preparing the analysis and impact study required by the Act.The guidelines will ensure that agencies utilize a consistent reporting template for the regulatory flexibility analysis and economic impact study required by the Act and also will clarify exemptions under the Act for certain regulations such as regulations related to professional qualifications and federally mandated regulations already subject to the federal Regulatory Flexibility Act. The Act takes effect on February 1, 2012 to provide adequate time to develop, publish and seek comment on the guidelines. |
