2023 -- H 5844 | |
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LC001951 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2023 | |
____________ | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- UNIVERSAL REGULATORY | |
SANDBOX ACT | |
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Introduced By: Representatives Place, Rea, and Nardone | |
Date Introduced: March 01, 2023 | |
Referred To: House Corporations | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND |
2 | GOVERNMENT" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 64.35 |
4 | UNIVERSAL REGULATORY SANDBOX ACT |
5 | 42-64.35-1. Purpose. |
6 | This chapter establishes a universal regulatory sandbox, which allows businesses, under |
7 | the observation of regulators, to trial innovative products, services, and business models while |
8 | temporarily receiving a waiver of inapplicable laws and/or regulations. |
9 | 42-64.35-2. Definitions. |
10 | (1) “Advisory committee” means the general regulatory sandbox program created in § 42- |
11 | 64.35- 4. |
12 | (2) “Applicable agency” means a department or agency of the state that by law regulates a |
13 | business activity and persons engaged in such business activity, including the issuance of licenses |
14 | or other types of authorization, which the regulatory relief office determines would otherwise |
15 | regulate a sandbox participant. |
16 | (3) “Applicant” means a person that applies to participate in the regulatory sandbox. |
17 | (4) “Blockchain technology” means the use of a digital database containing records of |
18 | financial transactions, which can be simultaneously used and shared within a decentralized, |
| |
1 | publicly accessible network and can record transactions between two (2) parties in a verifiable and |
2 | permanent way. |
3 | (5) “Consumer” means a person that purchases or otherwise enters into a transaction or |
4 | agreement to receive an offering pursuant to a demonstration by a sandbox participant. |
5 | (6) “Demonstrate” or “demonstration” means to temporarily provide an offering in |
6 | accordance with the provisions of the regulatory sandbox program described in this chapter. |
7 | (7) “Executive director” means the secretary of commerce of the commerce corporation. |
8 | (8) “Financial product or service” means: |
9 | (i) A financial product or financial service that requires state licensure or registration; or |
10 | (ii) A financial product, financial service, or banking business that includes a business |
11 | model, delivery mechanism, offering of deposit accounts, or element that may require other |
12 | authorization to act as a financial institution, enterprise, or other entity that is regulated by the |
13 | department of business regulation. |
14 | (9) “Innovation” means the use or incorporation of a new or existing idea, a new or |
15 | emerging technology, or a new use of existing technology, including blockchain technology, to |
16 | address a problem, provide a benefit, or otherwise offer a product, production method, or service. |
17 | (10) “Insurance product or service” means an insurance product or insurance service that |
18 | requires state licensure, registration, or other authorization as regulated by title 27, including an |
19 | insurance product or insurance service that includes a business model, delivery mechanism, or |
20 | element that requires a license, registration, or other authorization to do an insurance business, act |
21 | as an insurance producer or consultant, or engage in insurance adjusting as regulated by department |
22 | of business regulation, insurance division. |
23 | (11) “Offering” means a product, production method, or service, including a financial |
24 | product or service or an insurance product or service, that includes an innovation. |
25 | (12) “Product” means a commercially distributed good that is: |
26 | (i) Tangible personal property; |
27 | (ii) The result of a production process; and |
28 | (iii) Passed through the distribution channel before consumption. |
29 | (13) “Production” means the method or process of creating or obtaining a good, which may |
30 | include assembling, breeding, capturing, collecting, extracting, fabricating, farming, fishing, |
31 | gathering, growing, harvesting, hunting, manufacturing, mining, processing, raising, or trapping a |
32 | good. |
33 | (14) “Regulatory relief office” means the office of regulatory reform (ORR) created within |
34 | the commerce corporation. |
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1 | (15) “Regulatory sandbox” means the general regulatory sandbox program created in this |
2 | chapter which allows a person to temporarily demonstrate an offering under a waiver or suspension |
3 | of one or more state laws or regulations. |
4 | (16) “Sandbox participant” means a person whose application to participate in the |
5 | regulatory sandbox is approved in accordance with the provisions of this chapter. |
6 | (17) “Service” means any commercial activity, duty, or labor performed for another person. |
7 | 42-64.35-3. Regulatory relief office - Appointment of director - Responsibilities. |
8 | (a) There is created within the commerce corporation the regulatory relief office. |
9 | (b) The regulatory relief office shall be administered by a director appointed by the |
10 | executive director. |
11 | (c) The director shall report to the executive director and may appoint staff subject to the |
12 | approval of the executive director. |
13 | (d) The regulatory relief office shall: |
14 | (1) Administer the provisions of this chapter; |
15 | (2) Administer the regulatory sandbox program; and |
16 | (3) Act as a liaison between private businesses and applicable agencies to identify state |
17 | laws or regulations that could potentially be waived or suspended under the regulatory sandbox |
18 | program. |
19 | (e) The regulatory relief office shall: |
20 | (1) Review state laws and regulations that may unnecessarily inhibit the creation and |
21 | success of new companies or industries and provide recommendations to the governor and the |
22 | general assembly on modifying such state laws and regulations; |
23 | (2) Create a framework for analyzing the risk level to the health, safety, and financial well- |
24 | being of consumers related to permanently removing or temporarily waiving laws and regulations |
25 | inhibiting the creation or success of new and existing companies or industries; |
26 | (3) Propose potential reciprocity agreements between states that use or are proposing to |
27 | use similar regulatory sandbox programs as described in this chapter; |
28 | (f) In accordance with chapter 35 of title 42 ("administrative procedures"), and the |
29 | provisions of this chapter, make rules regarding: |
30 | (1) Administering the regulatory sandbox, including promulgating rules and regulations |
31 | regarding the application process and the reporting requirements of sandbox participants; and |
32 | (2) Cooperating and consulting with other agencies in the state that administer sandbox |
33 | programs. |
34 | 42-64.35-4. Advisory committee. |
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1 | (a) There is created the general regulatory sandbox program advisory committee. |
2 | (b) The advisory committee shall have eleven (11) members as follows: |
3 | (1) Six (6) members appointed by the office director who represent businesses interests and |
4 | are selected from a variety of industry clusters; three (3) members appointed by the office director |
5 | who represent state agencies that regulate businesses; one member of the senate, appointed by the |
6 | president of the senate; and one member of the house of representatives, appointed by the speaker |
7 | of the house of representatives. |
8 | (2) Subject to subsection (c) of this section, members of the advisory committee who are |
9 | not legislators shall be appointed to a four (4) year term. |
10 | (c) Notwithstanding the requirements of subsection (b) of this section, the office director |
11 | may adjust the length of terms of appointments and reappointments to the advisory committee in |
12 | order that approximately fifty percent (50%) of the advisory committee is appointed every two (2) |
13 | years. |
14 | (d) The office director shall select a chair of the advisory committee on an annual basis. |
15 | (e) A majority of the advisory committee constitutes a quorum for the purpose of |
16 | conducting advisory committee business, and the action of the majority of a quorum constitutes the |
17 | action of the advisory committee. |
18 | (f) The advisory committee shall advise and make recommendations to the regulatory relief |
19 | office as described in this chapter. |
20 | (g) The regulatory relief office shall provide administrative staff support for the advisory |
21 | committee. |
22 | (h) A member shall not receive compensation or benefits for the member’s service; |
23 | provided, however, a member appointed under subsection (b)(1) of this section representing |
24 | businesses interest may receive per diem and travel expenses. |
25 | 42-64.35-5. General regulatory sandbox program and application requirements. |
26 | (a) There is created in the regulatory relief office, the general regulatory sandbox program. |
27 | In administering the regulatory sandbox, the regulatory relief office: |
28 | (1) Shall consult with each applicable agency; |
29 | (2) Shall establish a program to enable a person to obtain legal protections and limited |
30 | access to the market in the state to demonstrate an offering without obtaining a license or other |
31 | authorization that might otherwise be required; |
32 | (3) May enter into agreements with or adopt the best practices of corresponding federal |
33 | regulatory agencies or other states that are administering similar programs; and |
34 | (4) May consult with businesses in the state about existing or potential proposals for the |
| LC001951 - Page 4 of 15 |
1 | regulatory sandbox. |
2 | (b) An applicant for the regulatory sandbox may contact the regulatory relief office to |
3 | request a consultation regarding the regulatory sandbox before submitting an application. The |
4 | regulatory relief office shall provide assistance to an applicant in preparing an application for |
5 | submission. |
6 | (c) An applicant for the regulatory sandbox shall provide to the regulatory relief office an |
7 | application in a form prescribed by the regulatory relief office that: |
8 | (1) Confirms the applicant is subject to the jurisdiction of the state; |
9 | (2) Confirms the applicant has established a physical or virtual location in the state, from |
10 | which the demonstration of an offering will be developed and performed and where all required |
11 | records, documents, and data will be maintained; |
12 | (3) Contains relevant personal and contact information for the applicant, including legal |
13 | names, addresses, telephone numbers, email addresses, website addresses, and other information |
14 | required by the regulatory relief office; |
15 | (4) Discloses criminal convictions of the applicant or other participating personnel, if any; |
16 | (5) Contains a description of the offering to be demonstrated, including statements |
17 | regarding: |
18 | (i) How the offering is subject to licensing, legal prohibition, or other authorization |
19 | requirements outside of the regulatory sandbox; |
20 | (ii) Each law or regulation that the applicant seeks to have waived or suspended while |
21 | participating in the regulatory sandbox program; |
22 | (iii) How the offering would benefit consumers; |
23 | (iv) How the offering is different from other offerings available in the state; |
24 | (v) What risks might exist for consumers who use or purchase the offering; |
25 | (vi) How participating in the regulatory sandbox would enable a successful demonstration |
26 | of the offering; |
27 | (vii) A description of the proposed demonstration plan, including estimated time periods |
28 | for beginning and ending the demonstration; |
29 | (viii) Recognition that the applicant will be subject to all laws and regulations pertaining |
30 | to the applicant’s offering after conclusion of the demonstration; |
31 | (ix) How the applicant will end the demonstration and protect consumers if the |
32 | demonstration fails; |
33 | (x) Lists each government agency, if any, that the applicant knows regulates the applicant’s |
34 | business; and |
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1 | (xi) Provides any other required information as determined by the regulatory relief office. |
2 | (d) The regulatory relief office may collect an application fee from an applicant. |
3 | (e) An applicant shall file a separate application for each offering that the applicant wishes |
4 | to demonstrate. |
5 | (f) After an application is filed, the regulatory relief office shall: |
6 | (1) Classify, as protected record, any part of the application that the office determines is |
7 | nonpublic, confidential information that if disclosed would result in actual economic harm to the |
8 | applicant in accordance with chapter 2 of title 38 ("access to public records"); |
9 | (2) Consult with each applicable government agency that regulates the applicant’s business |
10 | regarding whether more information is needed from the applicant; and |
11 | (3) Seek additional information from the applicant that the regulatory relief office |
12 | determines is necessary. |
13 | (g) No later than five (5) business days after the day on which a complete application is |
14 | received by the regulatory relief office, the regulatory relief office shall: |
15 | (1) Review the application and refer the application to each applicable government agency |
16 | that regulates the applicant’s business; |
17 | (2) Provide to the applicant: |
18 | (i) An acknowledgment of receipt of the application; and |
19 | (ii) The identity and contact information of each regulatory agency to which the application |
20 | has been referred for review; |
21 | (3) Provide public notice, on the office’s website and through other appropriate means, of |
22 | each law or regulation that the office is considering to suspend or waive under the application. |
23 | (h) Subject to subsections (h)(3) and (h)(7) of this section, no later than thirty (30) days |
24 | after the day on which an applicable agency receives a complete application for review, the |
25 | applicable agency shall provide a written report to the office director of the applicable agency’s |
26 | findings. |
27 | (1) The report shall: |
28 | (i) Describe any identifiable, likely, and significant harm to the health, safety, or financial |
29 | well-being of consumers that the relevant law or regulation protects against; and |
30 | (ii) Make a recommendation to the regulatory relief office that the applicant either be |
31 | admitted or denied entrance into the regulatory sandbox. |
32 | (2) The applicable agency may request an additional five (5) business days to deliver the |
33 | written report by providing notice to the office director, which request shall automatically be |
34 | granted. |
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1 | (3) The applicable agency shall only request one extension per application. |
2 | (4) If the applicable agency recommends an applicant under this section be denied entrance |
3 | into the regulatory sandbox, the written report shall include a description of the reasons for the |
4 | recommendation, including why a temporary waiver or suspension of the relevant laws or |
5 | regulations would potentially significantly harm the health, safety, or financial well-being of |
6 | consumers or the public and the likelihood of such harm occurring. |
7 | (5) If the agency determines that the consumer’s or public’s health, safety, or financial |
8 | well-being can be protected through less restrictive means than the existing relevant laws or |
9 | regulations, then the applicable agency shall provide a recommendation of how that can be |
10 | achieved. |
11 | (6) If an applicable agency fails to deliver a written report as described in subsection (h)(1) |
12 | of this section, the office director shall assume that the applicable agency does not object to the |
13 | temporary waiver or suspension of the relevant laws or regulations for an applicant seeking to |
14 | participate in the regulatory sandbox. |
15 | (7) Notwithstanding any other provision of this section, an applicable agency shall by |
16 | written notice to the regulatory relief office: |
17 | (i) Within the thirty (30) days after the day on which the applicable agency receives a |
18 | complete application for review, or within thirty-five (35) days if an extension has been requested |
19 | by the applicable agency, reject an application if the applicable agency determines, in the applicable |
20 | agency’s sole discretion, that the applicant’s offering fails to comply with standards or |
21 | specifications: |
22 | (A) Required by federal law or regulation; or |
23 | (B) Previously approved for use by a federal agency; or |
24 | (ii) Reject an application preliminarily approved by the regulatory relief office, if the |
25 | applicable agency: |
26 | (A) Recommended rejection of the application in accordance with subsection (h)(4) of this |
27 | section in the agency’s written report; and |
28 | (B) Provided in the written notice under subsection (h)(7) of this section, a description of |
29 | the applicable agency’s reasons why approval of the application would create a substantial risk of |
30 | harm to the health or safety of the public, or create unreasonable expenses for taxpayers in the state. |
31 | (8) If an applicable agency rejects an application under subsection (h)(7) of this section, |
32 | the regulatory relief office shall not approve the application. |
33 | (i) Upon receiving a written report described in subsection (h)(1) of this section, the |
34 | director shall provide the application and the written report to the advisory committee. |
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1 | (A) The office director may call the advisory committee to meet as needed; provided, |
2 | however, not less than once per quarter if applications are available for review. |
3 | (B) After receiving and reviewing the application and each written report, the advisory |
4 | committee shall provide to the office director the advisory committee’s recommendation as to |
5 | whether or not the applicant should be admitted as a sandbox participant under this chapter. |
6 | (C) As part of the advisory committee’s review of each written report, the advisory |
7 | committee shall use the criteria required for an applicable agency as described in subsection (h)(1) |
8 | of this section. |
9 | (j) In reviewing an application and each applicable agency’s written report, the regulatory |
10 | relief office shall consult with each applicable agency and the advisory committee before admitting |
11 | an applicant into the regulatory sandbox. The consultation with each applicable agency and the |
12 | consultation with the advisory committee may include seeking information about whether: |
13 | (i) The applicable agency has previously issued a license or other authorization to the |
14 | applicant; and |
15 | (ii) The applicable agency has previously investigated, sanctioned, or pursued legal action |
16 | against the applicant. |
17 | (k) In reviewing an application under this section, the regulatory relief office and applicable |
18 | agency shall consider whether a competitor to the applicant is or has been a sandbox participant |
19 | and, if so, weigh that as a factor in favor of allowing the applicant to also become a sandbox |
20 | participant. |
21 | (l) In reviewing an application under this section, the regulatory relief office shall consider |
22 | whether: |
23 | (1) The applicant’s plan will adequately protect consumers from potential harm identified |
24 | by an applicable agency in the applicable agency’s written report; |
25 | (2) The risk of harm to consumers is outweighed by the potential benefits to consumers |
26 | from the applicant’s participation in the regulatory sandbox; and |
27 | (3) Certain state laws or regulations that regulate an offering should not be waived or |
28 | suspended even if the applicant is approved as a sandbox participant, including applicable antifraud |
29 | or disclosure provisions. |
30 | (m) An applicant becomes a sandbox participant if the regulatory relief office approves the |
31 | application for the regulatory sandbox and enters into a written agreement with the applicant |
32 | describing the specific laws and regulations that are waived or suspended as part of participation in |
33 | the regulatory sandbox. Notwithstanding any other provision of this chapter, the regulatory relief |
34 | office shall not enter into a written agreement with an applicant that waives or suspends a tax, fee, |
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1 | or charge that is administered by the department of revenue or the division of taxation. |
2 | (n) The office director may deny at the office director’s sole discretion any application |
3 | submitted under this section for any reason, including if the office director determines that the |
4 | preponderance of evidence demonstrates that suspending or waiving enforcement of a law or |
5 | regulation would cause a significant risk of harm to consumers or residents of the state. If the office |
6 | director denies an application submitted under this section, the regulatory relief office shall provide |
7 | to the applicant a written description of the reasons for not allowing the applicant to be a sandbox |
8 | participant. The denial of an application submitted under this section is not subject to: |
9 | (1) Agency or judicial review; or |
10 | (2) The provisions of chapter 35 of title 42 ("administrative procedures"). |
11 | (o) The office director shall deny an application for participation in the regulatory sandbox |
12 | described by this section if the applicant or any person who seeks to participate with the applicant |
13 | in demonstrating an offering has been convicted, entered a plea of nolo contendere, or entered a |
14 | plea of guilty or nolo contendere held in abeyance, for any crime involving significant theft, fraud, |
15 | or dishonesty if the crime bears a significant relationship to the applicant’s or other participant’s |
16 | ability to safely and competently participate in the regulatory sandbox program. |
17 | (p) When an applicant is approved for participation in the regulatory sandbox, the director |
18 | shall provide public notice of the approval on the office’s website and through other appropriate |
19 | means. The public notice shall state: |
20 | (1) The name of the sandbox participant; |
21 | (2) The industries the sandbox participant represents; and |
22 | (3) Each law or regulation that is suspended or waived for the sandbox participant as |
23 | allowed by the regulatory sandbox. |
24 | (q) In addition to the information described in subsection (p) of this section, the office shall |
25 | make the following information available on the office’s website and through other appropriate |
26 | means: |
27 | (1) Documentation regarding the office’s determination and grounds for approving each |
28 | sandbox participant; and |
29 | (2) Public notice regarding any sandbox participant’s revocation to participate in the |
30 | regulatory sandbox. |
31 | 42-64.35-6. Scope of the regulatory sandbox. |
32 | (a) If the regulatory relief office approves an application under § 42-64.35-6, the sandbox |
33 | participant has twelve (12) months after the day on which the application was approved to |
34 | demonstrate the offering described in the sandbox participant’s application. |
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1 | (b) An offering that is demonstrated within the regulatory sandbox is subject to the |
2 | following: |
3 | (1) Each consumer shall be a resident of the state; and |
4 | (2) No law or regulation may be waived or suspended if waiving or suspending the law or |
5 | regulation would prevent a consumer from seeking restitution in the event that the consumer is |
6 | harmed. |
7 | (c) This section does not restrict a sandbox participant who holds a license or other |
8 | authorization in another jurisdiction from acting in accordance with that license or other |
9 | authorization. |
10 | (d) A sandbox participant is deemed to possess an appropriate license or other authorization |
11 | under the laws of the state for the purposes of any provision of federal law requiring licensure or |
12 | other authorization by the state. |
13 | (e) Subject to subsection (f) of this section: |
14 | (1) During the demonstration period, a sandbox participant is not subject to the |
15 | enforcement of state laws or regulations identified in the written agreement between the regulatory |
16 | relief office and the sandbox participant; |
17 | (2) The department of the attorney general shall not file or pursue charges pertaining to a |
18 | law or regulation identified in the written agreement between the regulatory relief office and the |
19 | sandbox participant that occurs during the demonstration period; and |
20 | (3) A state agency shall not file or pursue any punitive action against a sandbox participant, |
21 | including a fine or license suspension or revocation, for the violation of a law or regulation that: |
22 | (i) Is identified as being waived or suspended in the written agreement between the |
23 | regulatory relief office and the sandbox participant; and |
24 | (ii) Occurs during the demonstration period. |
25 | (f) Notwithstanding any other provision of this section: |
26 | (1) A sandbox participant does not have immunity related to any criminal offense |
27 | committed during the sandbox participant’s participation in the regulatory sandbox; and |
28 | (2) A sandbox participant that provides an offering that is a financial product or service |
29 | shall comply with all applicable federal laws and regulations governing consumer protection. |
30 | (g) By written notice, the regulatory relief office may end a sandbox participant’s |
31 | participation in the regulatory sandbox at any time and for any reason, including if the office |
32 | director determines that a sandbox participant is not operating in good faith to bring an offering to |
33 | market. |
34 | (h) The regulatory relief office and the regulatory relief office's employees shall not be |
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1 | liable for any business losses or the recouping of application expenses or other expenses related to |
2 | the regulatory sandbox, including for: |
3 | (1) Denying an applicant’s application to participate in the regulatory sandbox for any |
4 | reason; or |
5 | (2) Ending a sandbox participant’s participation in the regulatory sandbox at any time and |
6 | for any reason. |
7 | 42-64.35-7. Annual report. |
8 | (a) The executive director shall include in the annual report described in this section a |
9 | written report from the office director on the activities of the regulatory relief office, which report |
10 | shall include: |
11 | (1) Information regarding each participant in the regulatory sandbox, including which |
12 | industries each participant represents and the anticipated or actual cost savings that each participant |
13 | experienced; |
14 | (2) Recommendations regarding any laws or regulations that should be permanently |
15 | modified; |
16 | (3) Information regarding outcomes for consumers; and |
17 | (4) Recommendations for changes to the regulatory sandbox program or other duties of the |
18 | regulatory relief office. |
19 | (b) By October 1 of each year, the executive director shall provide the written report from |
20 | the office director on the activities of the regulatory relief office described in subsection (a) of this |
21 | section to the general assembly. |
22 | 42-64.35-8. Consumer protection for regulatory sandbox. |
23 | (a) Before demonstrating an offering to a consumer, a sandbox participant shall disclose |
24 | the following to the consumer: |
25 | (1) The name and contact information of the sandbox participant; |
26 | (2) That the offering is authorized pursuant to the regulatory sandbox and, if applicable, |
27 | that the sandbox participant does not have a license or other authorization to provide an offering |
28 | under state laws that regulate offerings outside of the regulatory sandbox; |
29 | (3) That the offering is undergoing testing and may not function as intended and may |
30 | expose the consumer to certain risks as identified by the applicable agency’s written report; |
31 | (4) That the provider of the offering is not immune from civil liability for any losses or |
32 | damages caused by the offering; |
33 | (5) That the provider of the offering is not immune from criminal prosecution for violations |
34 | of state law or regulations that are not suspended or waived as allowed by the regulatory sandbox; |
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1 | (6) That the offering is a temporary demonstration that may be discounted at the end of the |
2 | demonstration period; |
3 | (7) The expected end date of the demonstration period; and |
4 | (8) That a consumer may contact the regulatory relief office and file a complaint regarding |
5 | the offering being demonstrated and provide the regulatory relief office’s telephone number and |
6 | website address where a complaint may be filed. |
7 | (b) The disclosures required by subsection (a) of this section shall be provided to a |
8 | consumer in a clear and conspicuous form and, for an Internet or application-based offering, a |
9 | consumer shall acknowledge receipt of the disclosure before any transaction may be completed. |
10 | (c) The regulatory relief office may require that a sandbox participant make additional |
11 | disclosures to a consumer. |
12 | 42-64.35-9. Requirements for exiting regulatory sandbox. |
13 | (a) At least thirty (30) days before the end of the twelve (12) month regulatory sandbox |
14 | demonstration period, a sandbox participant shall: |
15 | (1) Notify the regulatory relief office that the sandbox participant will exit the regulatory |
16 | sandbox and discontinue the sandbox participant’s demonstration after the day on which the twelve |
17 | (12) month demonstration period ends; or |
18 | (2) Seek an extension under § 42-64.35-10. |
19 | (b) Subject to subsection (c) of this section, if the regulatory relief office does not receive |
20 | notification as required by subsection (a) of this section, the regulatory sandbox demonstration |
21 | period ends at the end of the twelve (12) month testing period. |
22 | (c) If a demonstration includes an offering that requires ongoing duties, the sandbox |
23 | participant may continue to do so; provided, however, the participant will be subject to enforcement |
24 | of the laws or regulations that were waived or suspended as part of the regulatory sandbox. |
25 | 42-64.35-10. Extensions. |
26 | (a) Not later than thirty (30) days before the end of the twelve (12) month regulatory |
27 | sandbox demonstration period, a sandbox participant may request an extension of the regulatory |
28 | sandbox demonstration period. |
29 | (b) The regulatory relief office shall grant or deny a request for an extension in accordance |
30 | with subsection (a) of this section by the end of the twelve (12) month regulatory sandbox testing |
31 | period. |
32 | (c) The regulatory relief office may grant an extension in accordance with this section for |
33 | not more than twelve (12) months after the end of the regulatory sandbox demonstration period. |
34 | 42-64.35-11. Record keeping and reporting requirements. |
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1 | (a) A sandbox participant shall retain records, documents, and data produced in the |
2 | ordinary course of business regarding an offering demonstrated in the regulatory sandbox. |
3 | (b) If a sandbox participant ceases to provide an offering before the end of a demonstration |
4 | period, the sandbox participant shall notify the regulatory relief office and each applicable agency |
5 | and report on actions taken by the sandbox participant to ensure consumers have not been harmed |
6 | as a result. |
7 | (c) The regulatory relief office shall establish quarterly reporting requirements for a |
8 | sandbox participant, including information about any consumer complaints. |
9 | (d) The regulatory relief office may request records, documents, and data from a sandbox |
10 | participant and, upon the regulatory relief office’s request, the sandbox participant shall make such |
11 | records, documents, and data available for inspection by the regulatory relief office. |
12 | (e)(1) The sandbox participant shall notify the regulatory relief office and each applicable |
13 | agency of any incidents that result in harm to the health, safety, or financial well-being of a |
14 | consumer. |
15 | (2) If a sandbox participant fails to notify the regulatory relief office and each applicable |
16 | agency of any incidents as described in subsection (e)(1) of this section, or the regulatory relief |
17 | office or an applicable agency has evidence that significant harm to a consumer has occurred, the |
18 | regulatory relief office shall immediately remove the sandbox participant from the regulatory |
19 | sandbox. |
20 | (f)(1) No later than thirty (30) days after the day on which a sandbox participant exits the |
21 | regulatory sandbox, the sandbox participant shall submit a written report to the regulatory relief |
22 | office and each applicable agency describing an overview of the sandbox participant’s |
23 | demonstration, including any: |
24 | (i) Incidents of harm to consumers; |
25 | (ii) Legal action filed against the participant as a result of the participant’s demonstration; |
26 | and |
27 | (iii) Complaints filed with an applicable agency as a result of the participant’s |
28 | demonstration. |
29 | (g) No later than thirty (30) days after the day on which an applicable agency receives the |
30 | quarterly reporting described in subsection (c) of this section or a written report from a sandbox |
31 | participant as described in subsection (e)(1) of this section, the applicable agency shall provide a |
32 | written report to the regulatory relief office on the demonstration that describes any statutory or |
33 | regulatory reform the applicable agency recommends as a result of the demonstration. |
34 | (h) The regulatory relief office may remove a sandbox participant from the regulatory |
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1 | sandbox at any time if the regulatory relief office determines that a sandbox participant has engaged |
2 | in, is engaging in, or is about to engage in any practice or transaction that is in violation of this |
3 | chapter or that constitutes a violation of a law or regulation for which suspension or waiver has not |
4 | been granted. |
5 | 42-64.35-12. Regulatory relief webpage. |
6 | (a) The regulatory relief office shall create and maintain on its website a webpage that |
7 | invites residents and businesses in the state to make suggestions regarding laws and regulations that |
8 | could be modified or eliminated to reduce the regulatory burden of residents and businesses in the |
9 | state. |
10 | (b) On at least a quarterly basis, the regulatory relief office shall compile the results of |
11 | suggestions from the webpage and provide a written report to the governor, and the general |
12 | assembly that describes the most common suggestions. |
13 | (c) In creating the report described in subsection (b) of this section, the regulatory relief |
14 | office and the advisory committee: |
15 | (1) Shall ensure that private information of residents and businesses that make suggestions |
16 | on the webpage is not made public; and |
17 | (2) May evaluate the suggestions and provide analysis and suggestions regarding which |
18 | state laws and regulations could be modified or eliminated to reduce the regulatory burden of |
19 | residents and businesses in the state while still protecting consumers. |
20 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- UNIVERSAL REGULATORY | |
SANDBOX ACT | |
*** | |
1 | This act shall establish a regulatory sandbox program designed to provide a depository for |
2 | ideas in a regulatory approach, typically summarized in writing and published, that allows live, |
3 | time-bound testing of innovations under a regulator's oversight in an effort to modify or eliminate |
4 | state laws and regulations which produce a regulatory burden on residents and businesses in the |
5 | state while still protecting consumers. |
6 | This act would take effect upon passage. |
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