SPONSOR: Rep. Spiegelman & Rep. Lynn & Sen. Hocker & Sen. Richardson Reps. Collins, Dukes, Hensley, Hilovsky, Morris, Postles, D. Short, Shupe, Michael Smith, Vanderwende, Yearick; Sens. Buckson, Lawson, Pettyjohn, Wilson HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE BILL NO. 5 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO LEGISLATIVE OVERSIGHT OF AGENCY REGULATIONS.
SPONSOR: Rep. Spiegelman & Rep. Lynn & Sen. Hocker & Sen. Richardson Reps. Collins, Dukes, Hensley, Hilovsky, Morris, Postles, D. Short, Shupe, Michael Smith, Vanderwende, Yearick; Sens. Buckson, Lawson, Pettyjohn, Wilson
SPONSOR: Rep. Spiegelman & Rep. Lynn & Sen. Hocker & Sen. Richardson
Reps. Collins, Dukes, Hensley, Hilovsky, Morris, Postles, D. Short, Shupe, Michael Smith, Vanderwende, Yearick; Sens. Buckson, Lawson, Pettyjohn, Wilson
SPONSOR:
Rep. Spiegelman & Rep. Lynn & Sen. Hocker & Sen. Richardson
Reps. Collins, Dukes, Hensley, Hilovsky, Morris, Postles, D. Short, Shupe, Michael Smith, Vanderwende, Yearick; Sens. Buckson, Lawson, Pettyjohn, Wilson
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 5
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO LEGISLATIVE OVERSIGHT OF AGENCY REGULATIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 9, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 916. Joint Committee on Oversight of Agency Regulations. (a) There is created a Joint Committee on Oversight of Agency Regulations (Committee). The Committees purpose is to conduct the review of agency regulations required under 10120 of this title. (b) The Committee is composed of the following members: (1) Five members of the Senate, appointed by the President Pro Tempore of the Senate, not more than 3 of whom may be from the same political party. (2) Five members of the House of Representatives, appointed by the Speaker of the House of Representatives, not more than 3 of whom may be from the same political party. (c)(1) In odd-numbered years, the President Pro Tempore of the Senate shall appoint 1 of the members appointed under paragraph (b)(1) of this section as Chair and the Speaker of the House of Representatives shall appoint 1 of the members appointed under paragraph (b)(2) of this section as Vice Chair. (2) In even-numbered years, the Speaker of the House of Representatives shall appoint 1 of the members appointed under paragraph (b)(2) of this section as Chair and the President Pro Tempore of the Senate shall appoint 1 of the members appointed under paragraph (b)(1) of this section as Vice Chair. (d)(1) Six members of the Committee constitute a quorum to transact business. (2) Except as provided under paragraph (d)(3) of this section, a motion is carried by a majority of the members of the Committee. (3) An affirmative vote by 7 members of the Committee is needed to make a determination under 10120(f)(1)d. or (f)(2)c. of this title. (4) A vacancy on the Committee is not counted to determine the number of members needed to achieve a majority. (e)(1) Employees of the Division of Legislative Services serve as the permanent staff of the Committee. (2) The Committee may, by the affirmative vote of at least 6 members, provide for other assistance, equipment, or expenditures that are within the limits of the Committees budget. (3) The General Assembly shall appropriate funds that the General Assembly considers necessary to carry out the Committees purpose. (f) The Committee may request that the Office of the Controller General prepare a fiscal note on any regulation adopted under Subchapter II of Chapter 101 of Title 29. Section 2. Amend Subchapter II, Chapter 101, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 10120. Legislative review of agency regulations; expiration and removal of expiration of regulations; agency duties. (a) As used in this section: (1) Committee means the Joint Committee on Oversight of Agency Regulations as established under 916 of this title. (2) Committee staff means the employees of the Division of Legislative Services who are assigned to support the Committee. (3) Highest administrative officer means an official who is appointed by the Governor as a member of the Governors cabinet. (b) Notwithstanding this subchapter or any other law to the contrary, on or after [the effective date of this Act], a regulation adopted by an agency during the 12-month period preceding each October 31 expires at 5:00 p.m. on the following June 30 unless the General Assembly enacts a law to remove the expiration of the regulation. (c) The Committee shall do all of the following: (1) Exercise continuous oversight of the process of adopting regulations. (2) Examine each regulation adopted by an agency during the period under subsection (b) of this section for all of the following to determine if the expiration of the regulation is to be removed: a. Whether the regulation is within the agencys authority to act, as delegated to the agency by the General Assembly by law. A regulation is not within the agencys authority to act merely because the regulation is not contrary to a law. b. Whether the regulation complies with the intent of the General Assembly in delegating regulatory authority to the agency. c. The regulations impact on all of the following: 1. The economy of this State. 2. Individuals. 3. Businesses. 4. State, county, and municipal government. d. The regulations total cost to entities regulated by this State. e. The regulations benefit to the residents of this State. f. Any other criteria adopted by the Committee by rule. (3) Hold a public hearing on the regulations examined under paragraph (c)(2) of this section. (d) The Registrar of Regulations shall notify, in the form and manner prescribed by the Committee by rule, the Committee and the Committee staff of each regulation adopted during the period under subsection (b) of this section. (e)(1) The Committee staff shall prepare and submit a staff report to the Committee not later than January 30 of each year. The staff report must include information that assists the Committee in conducting a thorough review of each regulation adopted during the period under subsection (b) of this section and meets the Committees duties under this section. The staff report must include, at a minimum, all of the following: a. Background information on the regulation. b. The Committee staffs analysis, conclusions, and recommendations arising from the Committee staffs independent research and information provided by the agency that adopted the regulation. c. The agencys response, if any, to the Committee staffs analysis, conclusions, and recommendations. d. Any additional information that the Committee may request. (2) The Committee staff shall provide the agency that adopted the regulation an opportunity to review and comment on the staff report before submitting the report to the Committee or making the report available to the public. (3) The Committee, or the Committee staff on the Committees behalf, may do all of the following: a. Access records of an agency related to each regulation adopted during the period under subsection (b) of this section. The agency shall provide the access requested by the Committee or Committee staff. b. Request from an agency records, reasonable information, and data related to each regulation adopted during the period under subsection (b) of this section. The agency shall provide the records, information, and data requested by the Committee or Committee staff. (f)(1) The Committee shall convene a public hearing at which the Committee shall do all of the following: a. Hear and discuss the staff report prepared under subsection (e) of this section. b. Hear and receive evidence from each agency regarding each regulation the Committee staff recommends be allowed to expire. c. Hear and receive evidence from the public regarding every regulation reviewed in the Committee staffs staff report. d. Determine, by an affirmative vote of 7 members of the Committee, all of the following: 1. Which regulations the Committee recommends be allowed to expire. 2. Which regulations the Committee recommends not be allowed to expire. e. Schedule a subsequent public hearing to consider a regulation that the Committee staff recommended not be allowed to expire, but that the Committee recommended under paragraph (f)(1)d.1. of this section be allowed to expire. (2) At the subsequent public hearing under paragraph (f)(1)e. of this section, the Committee shall do all of the following: a. Hear and receive evidence from each agency regarding each regulation to be considered at the subsequent public hearing. b. Hear and receive evidence from the public regarding each regulation to be considered at the subsequent public hearing. c. Determine, by an affirmative vote of 7 members of the Committee, all of the following: 1. Which regulations considered at the subsequent public hearing the Committee recommends be allowed to expire. 2. Which regulations considered at the subsequent public hearing the Committee recommends not be allowed to expire. (3) Whenever possible, the Committee shall give 2 weeks notice to an agency required to attend a hearing under this subsection. (4)a. The highest administrative officer of an agency required to attend a hearing under this subsection must be present at the hearing. b. The Committee Chair may excuse the highest administrative officer from a hearing under this subsection at the request of the highest administrative officer, at the recommendation of Committee staff, or as the Chair may determine is appropriate. c. The highest administrative officer may, with the Chairs approval, designate an individual to meet the highest administrative officers obligations under this subsection. d. The Committee may designate an individual other than the highest administrative officer to meet the highest administrative officers obligations under this subsection. (g) After the public hearings required under subsection (f) of this section, the Committee shall do all of the following not later than May 15 of each year: (1) Submit an annual report, compiled by the Committee staff and approved by the Committee, to all of the following: a. The President Pro Tempore and Secretary of the Senate, for distribution to all Senators. b. The Speaker and Chief Clerk of the House of Representatives, for distribution to all Representatives. c. The Director and Librarian of the Division of Legislative Services. d. The Director of the Delaware Public Archives. e. The Governor. (2) If the Committee recommends a regulation not be allowed to expire, draft and introduce a bill that removes the expiration of each regulation the Committee recommends not be allowed to expire. (h) If a bill to remove the expiration of a regulation set to expire under subsection (b) of this section is not enacted before the date required under subsection (b) of this section, the regulation expires. (i)(1) Each agency shall revise each of the agencys regulations to conform with the action taken by the General Assembly under this section. (2)a. An agency may not again adopt a regulation that has been allowed to expire by action of the General Assembly, unless the authority to re-adopt the regulation has been explicitly granted to the agency by the General Assembly by a bill amending the Delaware Code or Delaware Constitution. b. If an agency adopts a regulation in violation of paragraph (i)(2)a. of this section, the regulation is void. (3)a. If a regulation expires under subsection (b) of this section, the regulation is void. b. If a regulation is void under paragraph (i)(3)a. of this section, the version of the regulation in effect before the version of the regulation set to expire under subsection (b) of this section is revived. (j) The Committee is the committee of reference for a bill introduced to remove the expiration of a regulation set to expire under subsection (b) of this section, other than the bill required under paragraph (g)(2) of this section. (k)(1) The Committee may issue process to a witness at any place in this State and compel the witnesss attendance or compel the production of a document, book, record, paper, or other object that may be necessary or proper for the purpose of this section or 916 of this title. (2) The Committee may issue an attachment when necessary to obtain compliance with a subpoena or other process. An attachment issued under this subsection may be addressed to and served by any peace officer in this State. (3)a. The Committee Chair shall issue, in the name of the Committee, a subpoena or other lawful process that the Committee requests by affirmative vote of a majority of Committee members. b. If the Committee Chair is unavailable, the Chairs designee shall perform the duty of the Committee Chair. (4) Testimony taken under subpoena must be given under oath subject to the penalties of perjury and must be reduced to writing. Section 3. Amend 710, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 710. Compensation of Lieutenant Governor and members of General Assembly. (c) A member of the Senate or the House of Representatives who is elected or appointed to any of the following positions is to receive, while serving in the position, additional yearly compensation as follows: (13) Chair and Vice Chair of the Joint Committee on Oversight of Agency Regulations, $4,670. (14) Members of the Joint Committee on Oversight of Agency Regulations, $3,929.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 9, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
916. Joint Committee on Oversight of Agency Regulations.
(a) There is created a Joint Committee on Oversight of Agency Regulations (Committee). The Committees purpose is to conduct the review of agency regulations required under 10120 of this title.
(b) The Committee is composed of the following members:
(1) Five members of the Senate, appointed by the President Pro Tempore of the Senate, not more than 3 of whom may be from the same political party.
(2) Five members of the House of Representatives, appointed by the Speaker of the House of Representatives, not more than 3 of whom may be from the same political party.
(c)(1) In odd-numbered years, the President Pro Tempore of the Senate shall appoint 1 of the members appointed under paragraph (b)(1) of this section as Chair and the Speaker of the House of Representatives shall appoint 1 of the members appointed under paragraph (b)(2) of this section as Vice Chair.
(2) In even-numbered years, the Speaker of the House of Representatives shall appoint 1 of the members appointed under paragraph (b)(2) of this section as Chair and the President Pro Tempore of the Senate shall appoint 1 of the members appointed under paragraph (b)(1) of this section as Vice Chair.
(d)(1) Six members of the Committee constitute a quorum to transact business.
(2) Except as provided under paragraph (d)(3) of this section, a motion is carried by a majority of the members of the Committee.
(3) An affirmative vote by 7 members of the Committee is needed to make a determination under 10120(f)(1)d. or (f)(2)c. of this title.
(4) A vacancy on the Committee is not counted to determine the number of members needed to achieve a majority.
(e)(1) Employees of the Division of Legislative Services serve as the permanent staff of the Committee.
(2) The Committee may, by the affirmative vote of at least 6 members, provide for other assistance, equipment, or expenditures that are within the limits of the Committees budget.
(3) The General Assembly shall appropriate funds that the General Assembly considers necessary to carry out the Committees purpose.
(f) The Committee may request that the Office of the Controller General prepare a fiscal note on any regulation adopted under Subchapter II of Chapter 101 of Title 29.
Section 2. Amend Subchapter II, Chapter 101, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
10120. Legislative review of agency regulations; expiration and removal of expiration of regulations; agency duties.
(a) As used in this section:
(1) Committee means the Joint Committee on Oversight of Agency Regulations as established under 916 of this title.
(2) Committee staff means the employees of the Division of Legislative Services who are assigned to support the Committee.
(3) Highest administrative officer means an official who is appointed by the Governor as a member of the Governors cabinet.
(b) Notwithstanding this subchapter or any other law to the contrary, on or after [the effective date of this Act], a regulation adopted by an agency during the 12-month period preceding each October 31 expires at 5:00 p.m. on the following June 30 unless the General Assembly enacts a law to remove the expiration of the regulation.
(c) The Committee shall do all of the following:
(1) Exercise continuous oversight of the process of adopting regulations.
(2) Examine each regulation adopted by an agency during the period under subsection (b) of this section for all of the following to determine if the expiration of the regulation is to be removed:
a. Whether the regulation is within the agencys authority to act, as delegated to the agency by the General Assembly by law. A regulation is not within the agencys authority to act merely because the regulation is not contrary to a law.
b. Whether the regulation complies with the intent of the General Assembly in delegating regulatory authority to the agency.
c. The regulations impact on all of the following:
1. The economy of this State.
2. Individuals.
3. Businesses.
4. State, county, and municipal government.
d. The regulations total cost to entities regulated by this State.
e. The regulations benefit to the residents of this State.
f. Any other criteria adopted by the Committee by rule.
(3) Hold a public hearing on the regulations examined under paragraph (c)(2) of this section.
(d) The Registrar of Regulations shall notify, in the form and manner prescribed by the Committee by rule, the Committee and the Committee staff of each regulation adopted during the period under subsection (b) of this section.
(e)(1) The Committee staff shall prepare and submit a staff report to the Committee not later than January 30 of each year. The staff report must include information that assists the Committee in conducting a thorough review of each regulation adopted during the period under subsection (b) of this section and meets the Committees duties under this section. The staff report must include, at a minimum, all of the following:
a. Background information on the regulation.
b. The Committee staffs analysis, conclusions, and recommendations arising from the Committee staffs independent research and information provided by the agency that adopted the regulation.
c. The agencys response, if any, to the Committee staffs analysis, conclusions, and recommendations.
d. Any additional information that the Committee may request.
(2) The Committee staff shall provide the agency that adopted the regulation an opportunity to review and comment on the staff report before submitting the report to the Committee or making the report available to the public.
(3) The Committee, or the Committee staff on the Committees behalf, may do all of the following:
a. Access records of an agency related to each regulation adopted during the period under subsection (b) of this section. The agency shall provide the access requested by the Committee or Committee staff.
b. Request from an agency records, reasonable information, and data related to each regulation adopted during the period under subsection (b) of this section. The agency shall provide the records, information, and data requested by the Committee or Committee staff.
(f)(1) The Committee shall convene a public hearing at which the Committee shall do all of the following:
a. Hear and discuss the staff report prepared under subsection (e) of this section.
b. Hear and receive evidence from each agency regarding each regulation the Committee staff recommends be allowed to expire.
c. Hear and receive evidence from the public regarding every regulation reviewed in the Committee staffs staff report.
d. Determine, by an affirmative vote of 7 members of the Committee, all of the following:
1. Which regulations the Committee recommends be allowed to expire.
2. Which regulations the Committee recommends not be allowed to expire.
e. Schedule a subsequent public hearing to consider a regulation that the Committee staff recommended not be allowed to expire, but that the Committee recommended under paragraph (f)(1)d.1. of this section be allowed to expire.
(2) At the subsequent public hearing under paragraph (f)(1)e. of this section, the Committee shall do all of the following:
a. Hear and receive evidence from each agency regarding each regulation to be considered at the subsequent public hearing.
b. Hear and receive evidence from the public regarding each regulation to be considered at the subsequent public hearing.
c. Determine, by an affirmative vote of 7 members of the Committee, all of the following:
1. Which regulations considered at the subsequent public hearing the Committee recommends be allowed to expire.
2. Which regulations considered at the subsequent public hearing the Committee recommends not be allowed to expire.
(3) Whenever possible, the Committee shall give 2 weeks notice to an agency required to attend a hearing under this subsection.
(4)a. The highest administrative officer of an agency required to attend a hearing under this subsection must be present at the hearing.
b. The Committee Chair may excuse the highest administrative officer from a hearing under this subsection at the request of the highest administrative officer, at the recommendation of Committee staff, or as the Chair may determine is appropriate.
c. The highest administrative officer may, with the Chairs approval, designate an individual to meet the highest administrative officers obligations under this subsection.
d. The Committee may designate an individual other than the highest administrative officer to meet the highest administrative officers obligations under this subsection.
(g) After the public hearings required under subsection (f) of this section, the Committee shall do all of the following not later than May 15 of each year:
(1) Submit an annual report, compiled by the Committee staff and approved by the Committee, to all of the following:
a. The President Pro Tempore and Secretary of the Senate, for distribution to all Senators.
b. The Speaker and Chief Clerk of the House of Representatives, for distribution to all Representatives.
c. The Director and Librarian of the Division of Legislative Services.
d. The Director of the Delaware Public Archives.
e. The Governor.
(2) If the Committee recommends a regulation not be allowed to expire, draft and introduce a bill that removes the expiration of each regulation the Committee recommends not be allowed to expire.
(h) If a bill to remove the expiration of a regulation set to expire under subsection (b) of this section is not enacted before the date required under subsection (b) of this section, the regulation expires.
(i)(1) Each agency shall revise each of the agencys regulations to conform with the action taken by the General Assembly under this section.
(2)a. An agency may not again adopt a regulation that has been allowed to expire by action of the General Assembly, unless the authority to re-adopt the regulation has been explicitly granted to the agency by the General Assembly by a bill amending the Delaware Code or Delaware Constitution.
b. If an agency adopts a regulation in violation of paragraph (i)(2)a. of this section, the regulation is void.
(3)a. If a regulation expires under subsection (b) of this section, the regulation is void.
b. If a regulation is void under paragraph (i)(3)a. of this section, the version of the regulation in effect before the version of the regulation set to expire under subsection (b) of this section is revived.
(j) The Committee is the committee of reference for a bill introduced to remove the expiration of a regulation set to expire under subsection (b) of this section, other than the bill required under paragraph (g)(2) of this section.
(k)(1) The Committee may issue process to a witness at any place in this State and compel the witnesss attendance or compel the production of a document, book, record, paper, or other object that may be necessary or proper for the purpose of this section or 916 of this title.
(2) The Committee may issue an attachment when necessary to obtain compliance with a subpoena or other process. An attachment issued under this subsection may be addressed to and served by any peace officer in this State.
(3)a. The Committee Chair shall issue, in the name of the Committee, a subpoena or other lawful process that the Committee requests by affirmative vote of a majority of Committee members.
b. If the Committee Chair is unavailable, the Chairs designee shall perform the duty of the Committee Chair.
(4) Testimony taken under subpoena must be given under oath subject to the penalties of perjury and must be reduced to writing.
Section 3. Amend 710, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
710. Compensation of Lieutenant Governor and members of General Assembly.
(c) A member of the Senate or the House of Representatives who is elected or appointed to any of the following positions is to receive, while serving in the position, additional yearly compensation as follows:
(13) Chair and Vice Chair of the Joint Committee on Oversight of Agency Regulations, $4,670.
(14) Members of the Joint Committee on Oversight of Agency Regulations, $3,929.
SYNOPSIS This Act requires that an enacted state agency regulation will automatically expire unless explicitly reauthorized by the General Assembly to continue. This Act creates the Joint Committee on Oversight of Agency Regulations (Committee) to engage in review and oversight of regulations adopted by State agencies and recommend to the General Assembly whether or not the regulations should be allowed to expire. Like laws in states such as Colorado and Utah, this Act does all of the following: (1) Requires that all regulations adopted by an agency during the 12-month period preceding each October 31 expire at 5:00 p.m. on the following June 30 unless the General Assembly enacts a law to remove the expiration of the regulation. (2) Establishes criteria for the Committees review of State agency regulations. (3) Establishes a process for the Committees review and oversight of State agency regulations, including the requirement of a staff report, public hearings, and Committee recommendations to the General Assembly. (4) If the Committee recommends a regulation not be allowed to expire, requires the Committee to draft and introduce a bill that removes the expiration of each regulation the Committee recommends not be allowed to expire. (5) The Committee Chair, Vice Chair, and members receive the same additional compensation as the Joint Legislative Oversight and Sunset Committee.
SYNOPSIS
This Act requires that an enacted state agency regulation will automatically expire unless explicitly reauthorized by the General Assembly to continue. This Act creates the Joint Committee on Oversight of Agency Regulations (Committee) to engage in review and oversight of regulations adopted by State agencies and recommend to the General Assembly whether or not the regulations should be allowed to expire.
Like laws in states such as Colorado and Utah, this Act does all of the following:
(1) Requires that all regulations adopted by an agency during the 12-month period preceding each October 31 expire at 5:00 p.m. on the following June 30 unless the General Assembly enacts a law to remove the expiration of the regulation.
(2) Establishes criteria for the Committees review of State agency regulations.
(3) Establishes a process for the Committees review and oversight of State agency regulations, including the requirement of a staff report, public hearings, and Committee recommendations to the General Assembly.
(4) If the Committee recommends a regulation not be allowed to expire, requires the Committee to draft and introduce a bill that removes the expiration of each regulation the Committee recommends not be allowed to expire.
(5) The Committee Chair, Vice Chair, and members receive the same additional compensation as the Joint Legislative Oversight and Sunset Committee.