Governor Applauds General Assembly for Passing All 3 Administration Regulatory Reform Bills Unanimously

SB 113, SB 120, and HB 147 to be signed in the coming weeks

Dover, DE – The Delaware Senate today unanimously passed House Bill 147, which requires 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. Following yesterday’s passage of  Senate Bill 113 and Senate Bill 120, the General Assembly has now passed by unanimous margins each of the three regulatory reform bills drafted in response to proposals Governor Markell made in this year’s State of the State address. Following today’s Senate vote on HB 147, the Governor issued the following statement:

“The General Assembly’s overwhelming support of these regulatory reform bills speaks to a collective desire to support entrepreneurs and small businesses by eliminating the red tape that can hinder continued success,” said Governor Markell. “This package of legislation builds upon my Administration’s previous efforts to reduce the burden of regulations on Delawareans, while also incorporating some great ideas from legislators on both sides of the aisle. I thank the General Assembly for their unanimous support of these bills.”

The bills in the Governor’s regulatory reform package include:

House Bill 147 – sponsored by Rep. Bryon Short, Rep. Danny Short, Sen. Brian Bushweller, and Sen. Greg Lavelle – requires each executive branch agency to conduct periodic reviews of its regulations for possible modification or elimination.  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” to 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.

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