The pace of work is beginning to intensify as the legislative session approaches its final month. Legislators, administration officials and observers await new DEFAC projections for a clearer budget picture. Based on the April numbers, there exists about a $120 million shortfall to close for FY 2011.
Small Business Caucus co-chairman introduces regulatory flexibility legislation
Representative Bryon Short, co-chairman of the Small Business Caucus, along with Senator Michael Katz, has introduced legislation designed to lessen the regulatory burden on small businesses in Delaware.
The legislation would require state agencies, prior to issuing new regulations, to prepare a regulatory flexibility analysis that will consider the following things:
The possibility of establishing less stringent compliance or reporting requirements for small businesses;
The establishment of less stringent schedules or deadlines for compliance or reporting for small businesses;
The consolidation or simplification of compliance or reporting requirements for small businesses;
The establishment of performance standards for small businesses to replace design or operational standards required in the proposed regulation; and
The exemption of small businesses from all or part of the requirements contained in the proposed rule.
In addition, the bill would require that, prior to the adoption of any proposed regulation that may have a negative impact on small businesses, each agency would prepare an economic impact statement that includes the following:
The nature of any reports and the estimated cost to prepare the same by individuals and/or small businesses that would be required to comply with a new rule;
The nature of complaints or comments received from the public concerning the rule;
The complexity of the rule;
The extent to which the rule overlaps, duplicates or conflicts with other Federal, State, and/or local government rules; and
The length of time since the rule has been evaluated and/or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule.
Small businesses adversely affected by final agency action will have recourse to seek judicial review of the agency’s compliance with the regulatory flexibility statute. The New Castle County Chamber of Commerce supports this and other efforts to decrease regulatory burdens and costs on small business and thank Representative Short and Senator Katz for their introduction of this forward-thinking legislation.
For a copy of this legislation, click the following link: http://www.legis.delaware.gov/LIS/LIS145.nsf/vwLegislation/HB+390?Opendocument
House passes economic development incentives legislation
On May 4, the State House of Representatives passed House Bill 380, sponsored by Representatives Brad Bennett and Bryon Short, along with Senator Nancy Cook. This legislation would create a tax credit for existing Delaware companies who attract other employers to the State of Delaware. Both the “Sponsor Firm” and each “New Business Firm” would be eligible for a $500 annual tax credit per Delaware job created by the new business, with the tax credit available for three years. The program would require that the
new business be brought to Delaware as a result of the efforts of the sponsor, and would specifically exclude those business, such as real estate agents, banks and commercial landlords, that already have an incentive to bring out-of-state business to Delaware.
The Chamber has long supported the creation of additional tools to incent business location and relocation to our State. The bill is currently in the Senate Finance Committee.
For a copy of the legislation, click the following link: http://www.legis.delaware.gov/LIS/LIS145.nsf/vwLegislation/HB+380?Opendocument