Small Business Reading Room

The Delaware Corporate Legislation Tracker

HB 34
Title: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE REGULATORY FLEXIBILITY ACT AND THE ADMINISTRATIVE PROCEDURES ACT.



Synopsis:

Small businesses are the backbone of the economy in Delaware. In fact, 80% of the companies in Delaware employ less than 20 employees, according to recent statistics from the U.S. Census Bureau.

The goal of regulatory flexibility 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 Americans into the economic mainstream, and broaden the tax base. In 2002, the Office of Advocacy presented state model legislation, patterned after the federal Regulatory Flexibility Act, to improve the state regulatory climate for small business.

This legislation adopts much of the model legislation with the intent of aiding and fostering small job growth in our State by creating a friendlier regulatory environment for small businesses.


Bill History:

Feb 24, 2011 - Introduced and Assigned to Economic Development/Banking/Insurance/Commerce Committee in House

Mar 15, 2011 - Stricken

HB 54
Title: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE REGULATORY FLEXIBILITY ACT AND THE ADMINISTRATIVE PROCEDURES ACT.



Synopsis:

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.


Bill History:

Mar 22, 2011 - Introduced and Assigned to Economic Development/Banking/Insurance/Commerce Committee in House

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