SB 113 & SB 120 move to House; HB 147 moves to Senate for consideration
Dover, DE – Responding to proposals Governor Markell made in this year’s State of the State address, the House of Representatives today unanimously passed House Bill 147 to establish regular reviews of state regulations, while the Delaware Senate today unanimously passed Senate Bill 113 and Senate Bill 120 to require that state agencies announce any additional burden that a new regulation would place on small businesses. In response, the Governor issued the following statement:
“Although regulations are sometimes necessary, we must strive to ensure that they do not impose unnecessary burdens upon our citizens and businesses,” said Governor Markell. “All three bills build upon my Administration’s previous efforts to reduce the burden of regulations on Delawareans, as well as the efforts of legislators on both sides of the aisle. There is no monopoly on good ideas, and I am grateful that Democrats and Republicans are working together to support entrepreneurs and small businesses by eliminating the red tape that inhibits growth.”
HB 147 now moves to the Senate for consideration, while SB 113 and SB 120 move to the House.
House Bill 147 – sponsored by Rep. Bryon Short, Rep. Danny Short, Sen. Brian Bushweller, and Sen. Greg Lavelle – would require each executive branch agency to conduct an in-depth examination of the regulations on its books every four years, and to solicit public input in doing so. The bill would codify the Governor’s Executive Order No. 36, which in 2013 resulted in the elimination or modification of more than 100 agency regulations.
Senate Bill 113 – sponsored by Sen. Gerald Hocker, Sen. Bobby Marshall, Rep. Bryon Short, Rep. Quinn Johnson, and others – is one of two bills that comprise the Regulatory Transparency and Accountability Act of 2015 (“RTAA”). SB 113 would require each agency to submit a “regulatory impact statement” whenever it proposes regulations that would place additional burdens upon small businesses. Among other things, each statement must include an estimate of the costs of complying with the regulation. In addition, SB 113 requires the Registrar of Regulations to submit regulatory impact statements to the appropriate committee of the General Assembly.
Senate Bill 120 – sponsored by Sen. Bobby Marshall, Sen. Gerald Hocker, Rep. Q. Johnson, Rep. B. Short, and others – is the second bill that is part of the RTAA. Under SB 120, whenever an agency proposes a regulation that would place additional burdens upon small businesses, it must submit a “regulatory flexibility analysis.” In a regulatory flexibility analysis, each agency generally must consider ways to reduce the regulation’s burden on individuals and small business. That includes considering less stringent requirements or deadlines for individuals or small businesses that must comply with the proposed regulation. In addition, SB 120 provides that if an agency does not submit the required information to the Registrar, a proposed regulation may not be published in the Register of Regulations.