Bill Text: DE HB334 | 2011-2012 | 146th General Assembly | Draft

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Bill Title: An Act To Amend Title 29 Relating To The Adoption Of Regulations.

Spectrum: Moderate Partisan Bill (Republican 8-2)

Status: (Introduced - Dead) 2012-05-10 - Introduced and Assigned to House Administration Committee in House [HB334 Detail]

Download: Delaware-2011-HB334-Draft.html

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SPONSOR:	Rep. Peterman & Rep. Wilson & Sen. Bunting;
	Reps. Hocker, Briggs King, Willis; Sens. Booth, Sorenson, Venables

HOUSE OF REPRESENTATIVES

146th GENERAL ASSEMBLY

HOUSE BILL NO. 334

AN ACT TO AMEND TITLE 29 RELATING TO THE ADOPTION OF REGULATIONS.

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

Section 1.Amend Title 29, Section 10118(g) by making deletions as shown by strikethrough and insertions as shown by underlining as follows:

(g) The effective date of an order which adopts, amends or repeals a regulation shall be not less than 10 days from the date the order adopting, amending or repealing a regulation has been published in its final form, in full or as a summary, in the Register of Regulations, unless such adoption, amendment or repeal qualifies as an emergency under §10119 of this title.

(g) Except in the case of an order which qualifies as an emergency under §10119 of this chapter, the effective date of an order which adopts, amends or repeals a regulation shall be not less than 30 days from the date such order adopting, has been published in its final form, in full or as a summary, in the Register of Regulations; provided, further, however, that if, during said 30-day period, a petition signed by at least ten members of the General Assembly is delivered to the Agency seeking to adopt, amend or appeal the regulation, in which case the order shall not become effective unless it is approved by both chambers of the General Assembly within one year from the date of such delivery.In considering the order, the General Assembly may only vote to approve or reject the order, and may not amend or modify it.Neither the approval of a proposed order nor the failure by the General Assembly to consider a proposed order shall be considered by any Court in determining the lawfulness or legality of such order.

SYNOPSIS

Delaware agencies and other regulatory bodies play an ever increasing role in the governance of this State by creating regulations which have the force of law.However, such agencies and bodies are unelected.Moreover, despite publication requirements, the general public is often unaware of proposed regulations and the effects such regulations may have.

This bill would ensure that, before becoming final, the General Assembly, the body directly accountable to the citizenry of this State, and from whom agencies and boards derive their power to regulate, has a chance to review any proposed regulations and ensure they are consistent with the delegation of authority granted the agency and to further make sure the proposed regulations are balanced from a broader perspective than a specialized agency might employ.Emergency regulations, though, are not affected by this bill.

This Act shall be known as the "Regulatory Accountability Act."