Bill Text: DE SB96 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To The Regulatory Flexibility And Transparency Act Of 2015.
Spectrum: Partisan Bill (Democrat 23-0)
Status: (Introduced - Dead) 2015-06-02 - Stricken [SB96 Detail]
Download: Delaware-2015-SB96-Draft.html
|
SPONSOR: |
Sen. Marshall & Rep. Q. Johnson & Rep. B. Short & Rep. Carson & Rep. Dukes & Rep. Gray & Rep. D. Short Rep. Smyk & Rep. Spiegelman & Rep. Wilson & Rep. Yearick |
|
Sens. Blevins, Bushweller, Ennis, Hall-Long, Henry, McBride, McDowell, Peterson, Poore, Sokola, Townsend; Reps. Briggs King, Collins, Hensley, Hudson, Kenton, Kowalko, Longhurst, Miro, Mitchell, Osienski, Outten, Paradee, Peterman, Ramone, Schwartzkopf, M. Smith, Viola |
|
DELAWARE STATE SENATE 148th GENERAL ASSEMBLY |
|
SENATE BILL NO. 96 |
|
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE REGULATORY FLEXIBILITY AND TRANSPARENCY ACT OF 2015. |
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:
§10403 Definitions.
As used in this chapter:
(4) "Regulatory flexibility analysis" has the meaning set forth in §10404(a) of this title.
(5)"Regulatory impact statement" has the meaning set forth in §10404(b) of this title.
(3)(6) "Small business" means
any not-for-profit enterprise, sheltered workshop or business enterprise which
is engaged in any phase of manufacturing, agricultural production or personal
service, regardless of the form of its organization, when such enterprise or
workshop employs fewer than 20 50 persons, has gross receipts of
less than $4,000,000 $10,000,000 and is not owned, operated or
controlled by another business enterprise.
Section 2.Amend Title 29, §10404 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§10404 Consideration
of possible exemptions. Agency
requirements for proposed regulations affecting individuals and/or small businesses.
(a)
Prior to the issuance of any rule or regulation an agency shall consider
whether it is lawful, feasible and desirable for the agency to exempt
individuals and small businesses from the effect of the rule or regulation or
whether the agency may and should promulgate a rule or regulation which sets
less stringent standards for compliance by individuals and/or small businesses.
(b)
The agency's consideration should include the following factors:
(1)
The nature of any reports and the estimated cost of their preparation by
individuals and/or small businesses which would be required to comply with a
new rule;
(2)
The nature and estimated costs of other measures or investments that would be
required by individuals and/or small businesses in complying with a rule;
(3)
The nature and estimated cost of any legal, consulting and accounting services
which individuals and/or small businesses would incur in complying with a rule;
(4)
The ability of individuals and/or small businesses to absorb the costs
estimated under paragraphs (1), (2) and (3) of this subsection without
suffering economic harm and without adversely affecting competition in the
marketplace;
(5)
The additional cost, if any, to the agency of administering or enforcing a rule
which exempts or sets lesser standards for compliance by individuals and/or
small businesses; and
(6)
The impact on the public interest of exempting or setting lesser standards of
compliance for individuals and/or small businesses.
(a) Any agency that proposes to adopt or amend any regulation under the Administrative Procedures Act, 29 Del.C. §§10101 et seq., that is substantially likely to impose additional costs or burdens upon individuals and/or small businesses shall submit the following information to be published by the Registrar of Regulations as part of the notice requirements set forth in §10115 of this title:
(1) A regulatory flexibility analysis, in which the agency shall consider, where applicable, lawful, feasible and desirable, the following methods of reducing the additional costs and burdens of the proposed regulation on individuals and small businesses:
a.The establishment of less stringent compliance or reporting requirements;
b. The establishment of less stringent schedules or deadlines for compliance or reporting requirements;
c.The consolidation or simplification of compliance or reporting requirements;
d. The establishment of performance standards to replace design or operational standards required in the proposed regulation;
e.The exemption of certain individuals or small businesses from all or part of the requirements contained in the proposed regulation; and
f.Such other alternative regulatory methods that will accomplish the objectives of the proposed regulation while minimizing the adverse impact upon individuals and small businesses.
(2) A regulatory impact statement, which shall include:
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 regulation;
c.An identification of the individuals and small businesses that would be subject to compliance under theregulation;
d.A good-faith estimate by the agency of the potential cost of compliance for individuals and small businesses, which at minimum shall include the projected reporting, recordkeeping, and other administrative costs required to comply with the proposed regulation; and
e.A description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation, to the extent such methods are not already described in the agency's regulatory flexibility analysis.
(b) The following regulations are exempt from the requirements of subsection (a) of this section:
(1) Regulations that are not substantially likely to impose additional costs or burdens upon individuals and/or small businesses; provided, however, that any agency making such a determination shall include a statement to that effect as part of the notice requirements set forth in §10115 of this title;
(2) Emergency regulations adopted pursuant to §10119 of this title;
(3) Regulations that are exempt from the procedural requirements of the Administrative Procedures Act, 29 Del.C. §§10101 et seq., pursuant to §10113(b) of this title;
(4) Regulations that define standards of conduct or qualifications of individuals applying for licensure or as licensed professionals;
(5) Regulations that are required by federal law and have already complied with the analysis required pursuant to the federal Regulatory Flexibility Act; and
(6) Such other regulations as set forth in the guidelines to be published pursuant to §10409 of this title.
Section 3.Amend Title 29, §10405 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§10405 Transmission of rule
notice of proposed regulation to General Assembly standing committees;
comments.
The
agency prescribing such rule Upon receipt of a notice from an
agency pursuant to §10115 of this title that includes a regulatory flexibility
analysis or a regulatory impact statement, the Registrar of Regulations
shall forthwith transmit such rule notice to, and obtain
the comments, if any, of, the appropriate standing committees of the General Assembly
with oversight responsibilities for legislation affecting that agency with
respect to the potential impact of such proposed regulation,
including its potential impact upon individuals and/or small
businesses resulting from implementation of such rules. Such notice shall include the
regulatory flexibility analysis and the regulatory impact statement, as the
case may be, submitted by the agency in accordance with §10404 of this title.
Nothing in this section shall require any standing committee to meet when the
General Assembly is not in session, nor shall it require any standing committee
to provide comments or otherwise consider any such notice hereunder.
Section 4.Amend Title 29, Chapter 104 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§10409.Guidelines.
(a) No later than November 15, 2015, the Registrar of Regulations, the Office of Management and Budget (OMB), and the Department of State, in consultation with such regulatory agencies, boards, and commissions as may be necessary or desirable, shall submit for final publication guidelines to assist state agencies in preparing the regulatory flexibility analysis and the regulatory impact statement required by §10404 of this title. The adoption of such guidelines shall be subject to the Administrative Procedures Act, 29 Del.C. §§10101 et seq., with OMB serving as the adopting agency.
(b) The guidelines shall include, but are not limited to:
(1) Determining when, and under what circumstances, a proposed regulation is substantially likely to impose additional costs or burdens on individuals and small businesses for purposes of §10404 of this title;
(2) Identifying and evaluating alternative methods of achieving the purpose of a proposed regulation, including the specific considerations set forth in § 10404(a)(1)a.-(a)(1)f. of this title;
(3) Determining the potential cost of complying with a proposed regulation, including projected reporting, recordkeeping, and other administrative costs; and
(4) Pursuant to §10404(b) of this title, evaluating additional circumstances under which a proposed regulation may be fully or partially exempted from the requirements of §10404 (a) of this title.
Section 5.Amend Title 29, §10115(a) of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(a) Whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication, in full or as a summary, in the Register of Regulations pursuant to §1134 of this title. Any notice filed by an agency hereunder shall include, to the extent applicable, the regulatory flexibility analysis and regulatory impact statement required pursuant to §10404 of this title.
Section 6.Amend Title 29, §10115 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(d) No regulation being 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 7.This Act shall be known as "The Regulatory Flexibility and Transparency Act of 2015."
Section 8.This Act shall become effective for all new or amended regulations submitted to the Registrar of Regulations on or after January 1, 2016.
SYNOPSIS
|
The Regulatory Flexibility and Transparency Act of 2015 improves Delaware's regulatory environment for individuals and small businesses in several significant ways. Under the Act, whenever an agency proposes to adopt or amend a regulation that is "substantially likely" to impose additional costs or burdens upon individuals and/or small businesses, that agency must prepare both a written regulatory flexibility analysis and a regulatory impact statement to be published by the Registrar of Regulations. The regulatory flexibility analysis requires agencies to consider specific methods of reducing the burdens of a proposed regulation on individuals and small businesses. The regulatory impact statement improves transparency by, among other things, requiring agencies to describe the purpose of the proposed regulation; to identify the individuals and small businesses subject to it; and to provide an estimate of the potential costs of complying with the proposed regulation. Exceptions to the above requirements include, among others, emergency regulations, regulations that are exempt from the APA's procedural requirements, and certain regulations relating to licensed professions. The Act further improves transparency by requiring the Registrar to transmit the above information to the appropriate standing committee of the General Assembly. In addition, it expands the definition of "small business" to include any enterprise that employs fewer than 50 people and has gross receipts of less than $10 million. To help agencies meet their obligations under the Act, the Registrar, OMB, and the Department of State are required to submit guidelines for final publication by the Registrar no later than November 15, 2015. If enacted, the Act would become effective for all new or amended regulations submitted to the Registrar on or after January 1, 2016. |
Author:Senator Marshall
