To find existing State Regulatory Flexibility Statutes select Citation Information, then select State Statutes Website to locate information by citation. Please note that the Citation Information provides detailed State Code (law) citations and the State Statutes Website directs you to comprehensive state web-sites that may be cumbersome to use. Please do not hesitate to contact Advocacy for assistance in finding state regulatory flexibility statutes.

State Statutes Websites All States Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Washington DC Florida Georgia Guam Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virgin Islands Virginia Washington West Virginia Wisconsin Wyoming

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Executive Orders

Arkansas Executive Order (Signed 02/01/05)

Georgia Executive Order (Signed 03/06/06)

Massachusetts Executive Order (Signed 09/25/03)

Missouri Executive Order (Signed 08/25/03, superseded by legislation passed in 2004 and 2005)

Tennessee Executive Order (Signed signed 05/22/06)

West Virginia Executive Order (Signed 08/27/03)

 

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Examples of the Importance of Regulatory Flexibility to Small Business

Our office continually looks for examples in states where regulatory flexibility has been successful or where the lack of a strong regulatory flexibility structure in a state has resulted in overly burdensome regulation on small business. These real life examples show the importance of regulatory flexibility to small business.

Arizona (February 2006)

Arkansas (October 2006)

California (February 2006)

Colorado (January 2006)

Connecticut (January 2006)

Illinois (January 2006)

Massachusetts (January 2006)

Nebraska (February 2007)

Oregon (January 2006)

Puerto Rico (September 2007)

Vermont (February 2006)

Virginia (July 2006)

Washington (February 2006)

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State Best Practices. In states that have passed regulatory flexibility laws, the Office of Advocacy works with the small business community, state legislators, and state government agencies to assist with implementation and to ensure its effectiveness. Many states have developed practices and programs to reach out to the small business community, facilitate friendly communication between agencies and stakeholder groups and enhance the regulatory process.

State Guide to Regulatory Flexibility for Small Businesses is a publication developed to share state tools and methodologies used to successfully implement state regulatory flexibility laws. The guide includes key elements to effective implementation, advice on how to prepare an economic impact and regulatory flexibility analysis and examples of how states are educating regulatory officials and small businesses on regulatory flexibility, creating transparency in the rulemaking process and measuring and documenting the success of regulatory flexibility programs.

Economic Impact Guidelines. In June 2007 Texas lawmakers enacted House Bill 3430, which requires state agencies to prepare an economic impact statement and perform a regulatory flexibility analysis of a proposed rule’s effects on small businesses. The law required the Texas Attorney General’s office, in consultation with the Comptroller, to prepare detailed guidelines explaining the law’s requirements and the key steps in creating an economic impact statement, a regulatory flexibility analysis, and regulatory alternatives. The final guidelines were published in April 2008.

Regulatory E-mail Notifications. Small business owners are the greatest resource that agencies can use to understand how regulations affect small businesses and what alternatives may be less burdensome. One effective tool in communicating with small businesses and facilitating the implementation of regulatory flexibility legislation has been the use of an e-mail regulatory alert system. The following states have implemented such systems:

• Colorado
  
• Kentucky
  
• Rhode Island
  
• Virginia
  
• West Virginia
• Wisconsin

Small Business Regulatory Review Programs

• Arizona Governor’s Regulatory Review Council (GRRC). GRRC must approve proposed rules including the small business impact statement, before an agency can issue a final rule.
• Colorado Dept of Regulatory Agencies (DORA) Office of Policy, Research and Regulatory Reform. DORA reviews proposed rules so that the Director can determine if a cost-benefit analysis should be performed by the agency.
• Kentucky Commission on Small Business Advocacy. The Commission addresses a variety of matters relating to small business such as government affairs, regulatory concerns, and facilitating relationships between state agencies and the small business community.
• New York Governor’s Office of Regulatory Reform (GORR). GORR provides oversight of state agency rulemaking and includes information on agency rulemaking activities on its website.
• Rhode Island Economic Development Corporation. The Rhode Island Economic Development Corporation acts as the small business advocate under its regulatory flexibility laws.
• Small Business Regulatory Review Boards. Generally small business review boards review proposed and existing rules which adversely impact small businesses and suggest alternative methods that are less burdensome to small business but still accomplish the agency goal. These boards exist in the following states:

• South Carolina
  
• Missouri
  
• Oklahoma
  
• Wisconsin
  
• Hawaii

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Legislative Testimony

06/20/07 - Thomas M. Sullivan, Chief Counsel for Advocacy, testified at a hearing before the Massachusetts Joint Committee on Community Development and Small Business on Senate Bill 133, An Act Relative to Statements of Small Business Consideration. [text] or [PDF File]

04/26/07 - Eric Munson, Region VI Advocate, testified at a hearing before the Texas Senate State Affairs Committee on Senate Bill 700, an Act relating to state agency rules affecting small business. [text] or [PDF File]

04/17/07 - Shawne McGibbon, Deputy Chief Counsel for Advocacy, submitted a letter to the Tennessee House Subcommittee on State Government in support of regulatory flexibility House Bill 1276.

03/28/07 - Charles Summers, SBA Region I Regional Administrator, testified on behalf of Steve Adams, Region I Advocate, at a hearing before the Maine Joint Committee on State & Local Government on Legislative Document 905, an Act to amend the Maine Administrative Procedures Act to strengthen safeguards for small business.

02/20/07 - Steve Adams, Region I Advocate, testified at a hearing before the Connecticut Joint Standing Committee on Commerce on Senate Bill 1179, an Act requiring economic impact analysis for proposed regulations that impact small business.

02/14/07 - Ray Marchiori, Region V Advocate, testified at a hearing before the Illinois House State Government Administration Committee on House Bill 302, an Act to enhance the state's existing small business regulatory flexibility law.

02/14/07 - Eric Munson, Region VI Advocate, testified at a hearing before the Arkansas House Agriculture, Forestry and Economic Development Committee on Senate Bill 55, an Act concerning administrative rules that impact small business.

02/09/07 - Connie Marshall, Region X Advocate, testified at a hearing before the Washington State Government and Tribal Affairs Committee on House Bill 1525, an Act relating to regulatory fairness for small business.

10/23/06 - Christine Serrano Glassner, Region II Advocate, testified at a hearing before the New Jersey Senate Economic Growth Committee on Assembly Bill 2327, an Act to enhance the state's existing regulatory flexibility law by adding periodic review and judicial review.

09/20/06 - Jim Henderson, Region VIII Advocate, testified at a hearing before the Utah Business and Labor Interim Committee on the importance of regulatory flexibility for Utah's small businesses.

03/21/06 - Ray Marchiori, Region V Advocate, testified at a hearing before the Michigan House Committee on Commerce: Business Regulation on House Bill (HB) 5849 and HB 5850, Acts to enhance the state's existing regulatory flexibility law by adding periodic review and judicial review.

11/17/05 - Jim Henderson, Region VIII Advocate, testified at a hearing before the Colorado House Business and Labor Affairs Committee on the review of the Colorado Department of Regulatory Agencies' role in the administrative rulemaking process. [text] or [PDF File]

05/15/03 - Alan Steinberg, Region II Advocate, testified at a hearing before the New Jersey Senate Committee on Economic Growth, Agriculture and Tourism on S. 2410, an Act to Expand the Scope of the New Jersey Regulatory Flexibility Act.[text] or [PDF File]

04/22/03 - Thomas M. Sullivan, Chief Counsel for Advocacy, testified before the Texas House Committee On Government Reform on HB 2390, an Act Relating to State Agency Rules Affecting Small Business. [text] or [PDF File]

03/26/03 - Thomas M. Sullivan, Chief Counsel for Advocacy, testified before the Rhode Island State Senate Committee On Financial Services, Technology and Regulatory Issues on SB 0198, an Act Relating to Administrative Procedures. [text] or [PDF File]

02/26/03 - Jim Henderson, Region VIII Advocate, submitted written testimony to the Senate Industry, Business and Labor Committee of the North Dakota State Legislature on HB 1212. [text] or [PDF File]

02/10/03 - Thomas M. Sullivan, Chief Counsel for Advocacy, testified before the Small Business Committee, Missouri House of Representatives, on HB 322, "Creates the Small Business Regulatory Fairness Board to serve as liaison between the agencies and small business." [text] or [PDF File]

02/10/03 - Thomas M. Sullivan, Chief Counsel for Advocacy, testified before the Financial and Governmental Organization, Veterans' Affairs and Elections Committee, Missouri State Senate, on SB 0069, "Creates
the Small Business Regulatory Fairness Board to serve as liaison between the agencies and small business." [text] or [PDF File]

01/14/03 - Jim Henderson, Region VIII Advocate, testified before the House Industry, Business and Labor Committee of the North Dakota State Legislature on HB 1212. [text] or [PDF File]

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Press Releases

07-18-08 - Louisiana Steps Up Support For Small Business

03-21-08 - Utah Acts To Support Small Business

07-13-07 - Hawaii Strengthens Small Business Role In State’s Regulatory Process

07-11-07 - Tennessee Enacts Regulatory Flexibility Law

06-21-07 - Maine Law To Reduce Small Business Regulatory Burden

06-20-07 - Massachusetts Bill Would Require Flexible Approaches to Regulating Small Businesses

06-18-07 - Texas Law Will Strengthen Transparency In Rulemaking

03-28-07 - State Regulatory Flexibility Movement Given Boost

03-02-07 - Arkansas Law Will Help Small Business

04-06-06 - Colorado Extends Law To Help Small Business

03-07-06 - Georgia Governor Perdue Signs Executive Order For Small Business

02-23-06 - South Dakota Takes Action For Small Business

09-01-05 - Oregon Increases Protections For Small Business

08-10-05 - Alaska Acts To Support Small Business

07-06-05 - Missouri Increases Protections For Small Business

05-11-05 - Indiana Acts To Support Small Business

04-05-05 - Virginia Acts To Support Small Business

01-26-05 - Chief Counsel Urges Virginia General Assembly To Give Small Business A Voice In The Regulatory Process

11-24-04 - Rendell Urged To Sign Bill Protecting Small Business