CHAPTER 159

FORMERLY

SENATE BILL NO. 220

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO AGENCY RULES AND REGULATIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §10115, Chapter 101, Title 29 of the Delaware Code by striking the word "and" as it appears at the end of paragraph "(3)"; by striking the "." at the end of paragraph "(4)" and substituting in lieu thereof "; and "; and by adding a new paragraph (5) which shall read as follows:

"(5) The notice shall also be mailed to the Secretary of the Senate and the Clerk of the House of Representatives."

Section 2. Amend §10118, Chapter 101, Title 29 of the Delaware Code by striking subsection (b) of said section, and substituting in lieu thereof the following new subsection (b):

"(b) The effective date of an order which adopts, amends or repeals a regulation shall be not less than thirty days from the date the order was issued unless such adoption, amendment or repealer qualifies as an emergency under §10119."

Section 3. Amend Chapter 9, Part II, Title 29 of the Delaware Code by striking the title to said Chapter, and substituting in lieu thereof the following:

"CHAPTER 9. LEGISLATIVE BILLS, LAWS, JOURNALS AND COMMITTEES".

Section 4. Amend Chapter 9, Part II, Title 29 of the Delaware Code by adding thereto a new section, designated as §910, which new section shall read as follows:

"§910. Consideration of agency rules during legislative interim.

(a) Where an agency adopts a new rule or regulation, or makes a substantive change or amendment to its rules or regulations at any time during the legislative interim between July 1 and the second Tuesday in January, and the Chairman of a standing committee of either house believes in good faith that such rule, regulation, amendment or change impacts upon or is within the subject-matter jurisdiction of such standing committee, the Chairman may schedule a meeting of the committee to consider such rule, regulation, amendment or change..

(a) Where more than one committee wishes to hold a meeting to consider the same rule, regulation, amendment or change, all such standing committees shall become a joint committee and shall remain in being as a joint committee for that purpose until the first day of the next following General Assembly session, or until the adjournment of such joint committee. A standing committee may withdraw from the joint committee at any time. Each such joint committee shall be co-chaired by a House
standing committee chairman and a Senate standing committee chairman.

(a) Each such joint committee shall have the power, by a majority vote of its members, to draft a committee report setting forth its suggestions and recommendations, and to request the President m tempore of the Senate or the Speaker of the House to call a special session to consider committee recommendations. Each committee report shall be forwarded to the Sunset Committee."

Section 5. Amend §10212, Chapter 102, Title 29 of the Delaware Code by re-designating said §10212 as new §10213, and by re-designating each succeeding section accordingly.

Section 6. Amend Chapter 102, Title 29 of the Delaware Code by adding thereto a new section, designated as §10212, which new section shall read as follows:

"§10212. Agency Rules and Regulations.

(a) Rules review.

The Committee may conduct a specialized or focused review of one or more rules or regulations of an agency. Such a review shall be known as a 'rules review,' and shalt not include the same schedules and procedures as a full-scale agency review.

(a) Procedure for rules review.

An agency may be selected for a rules review in the same manner as an agency is selected for an agency review under this Chapter, or may be selected upon the written request by the Chairman of a standing committee of either House that such a review be conducted. If the committee decides to conduct a rules review of an agency, the name of such agency shall be included among those agencies scheduled for the next immediate review; or a rules review may begin immediately if, in the determination of the committee, an emergency exists.

(a) Informational hearing.

When the committee is to conduct a rules review of an agency, it shall first hold an information-gathering hearing in which any agency, individual or business shall have the right to testify as to any issue concern, defect, or problem relating to the rules or regulations under review by the committee. The committee shall also permit members of the public, and any state agency, to send written testimony and other written materials to the committee. The committee shall, from the hearing and written materials, compile a 'list of concerns' which shall include those issues, concerns, defects or problems which the committee feels merit closer study and consideration.

(a) Sunset Report and legislation.

Within one week following the hearing, the committee shall meet to consider the accumulated testimony and written materials; and may meet as many times thereafter and continue its review, for as long as the committee shall determine. Upon conclusion of its review, the committee shall' list those changes in the agency's rules or regulations that the committee deems necessary or appropriate; and shall meet with the highest administrative officer of the agency and/or his designees to determine what changes, if any, can be agreed upon between the agency and the committee. Where an agreement or possible solutions to the remaining items set forth in the 'list of concerns' cannot be obtained, the committee shall set forth its recommendations in the next immediate Sunset Report, and shall cause such legislation to be drafted as will, in the determination of the committee, best accomplish its recommendations."

Approved July 11, 1991