This text of Louisiana § 49:974.2 (Intent; legislative findings) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§974.2. Intent; legislative findings
A. It is the legislative intent and purpose of the Small Business Protection Act to
improve state rulemaking by creating procedures to analyze the availability of more flexible
regulatory approaches for small businesses.
B. The legislature finds that:
(1)A vibrant and growing small business sector is critical to creating jobs in a
dynamic economy. Increased hiring in Louisiana's small businesses creates higher wages and
better outcomes for Louisiana's citizens and families.
(2)Small businesses bear a disproportionate share of regulatory costs and burdens.
Increased regulatory costs decrease the amount of capital that small businesses have to create
new jobs.
(3)Fundamental changes that are needed in the regulatory and enforcement culture
of state ag
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§974.2. Intent; legislative findings
A. It is the legislative intent and purpose of the Small Business Protection Act to
improve state rulemaking by creating procedures to analyze the availability of more flexible
regulatory approaches for small businesses.
B. The legislature finds that:
(1) A vibrant and growing small business sector is critical to creating jobs in a
dynamic economy. Increased hiring in Louisiana's small businesses creates higher wages and
better outcomes for Louisiana's citizens and families.
(2) Small businesses bear a disproportionate share of regulatory costs and burdens.
Increased regulatory costs decrease the amount of capital that small businesses have to create
new jobs.
(3) Fundamental changes that are needed in the regulatory and enforcement culture
of state agencies to make them more responsive to small business can be made without
compromising the statutory missions of the agencies.
(4) When adopting rules to protect the health, safety, and economic welfare of
Louisiana, state agencies should seek to achieve statutory goals as effectively and efficiently
as possible without imposing unnecessary burdens on small employers.
(5) Uniform regulatory and reporting requirements can impose unnecessary and
disproportionately burdensome demands, including legal, accounting, and consulting costs
upon small businesses with limited resources.
(6) The failure to recognize differences in the scale and resources of regulated
businesses can adversely affect competition in the marketplace, discourage innovation, and
restrict improvements in productivity.
(7) Unnecessary regulations create entry barriers in many industries and discourage
potential entrepreneurs from introducing beneficial products and processes.
(8) The practice of treating all regulated businesses as equivalent may lead to
inefficient use of regulatory agency resources, enforcement problems, and, in some cases, to
actions inconsistent with the legislative intent of health, safety, environmental, and economic
welfare legislation.
(9) Alternative regulatory approaches which do not conflict with the stated objective
of applicable statutes may be available to minimize the significant economic impact of rules
on small businesses.
(10) Prior to the adoption of regulations, the process by which state regulations are
developed and adopted should be reformed to require agencies to solicit the ideas and
comments of small businesses, to examine the impact of proposed and existing rules on such
businesses, and to review the continued need for existing rules.
(11) Regulations affect small businesses differently than their larger counterparts.
According to the United States Small Business Administration, evidence indicates that
regulatory requirements at the federal and state level tend to create disproportionately heavier
burdens for small businesses, putting them at a disadvantage relative to their larger
competitors. Reasons that small businesses are at a disadvantage include the following:
(a) The cost of regulations is higher relative to available resources. The cost of
regulations per employee is higher for businesses with fewer employees.
(b) The cost per employee for the smallest businesses is typically one or more times
greater than the equivalent cost for the largest businesses.
(12) Making small businesses aware of proposed state regulations prior to
implementation is key to creating an effective partnership between state agencies and small
businesses.
C. Nothing in the Small Business Protection Act shall be interpreted or construed to
limit the ability of an agency to propose rules.