Delaware General Assembly

Signed 7/22/15

The General Assembly has ended, the current status is the final status.

5/14/15

B. Short

Sen. Bushweller, Lavelle
Rep. D. Short

Sen. Ennis, Hocker, Pettyjohn, Townsend
Reps. Barbieri, Baumbach, Bennett, Briggs King, Carson, Collins, Dukes, Gray, Hensley, Hudson, Jaques, J. Johnson, Q. Johnson, Kenton, Kowalko, Longhurst, Lynn, Matthews, Miro, Mulrooney, Osienski, Outten, Paradee, Potter, Ramone, Schwartzkopf, M. Smith, Smyk, Spiegelman, K. Williams, Wilson, Yearick

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PERIODIC REVIEW OF REGULATIONS ADOPTED BY EXECUTIVE BRANCH AGENCIES.

On June 14, 2012, Governor Jack Markell signed Executive Order No. 36 (“EO 36”) to help reduce impediments to economic growth and to improve the efficiency of state government. EO 36 requires each Executive Branch agency to periodically review the regulations on its books for possible modification or elimination. Following a robust public outreach period and in-depth reviews by each agency, the EO 36 resulted in the modification or elimination of more than 100 regulations. The EO 36 process is valuable and should be codified. To that end, this bill would require each executive branch agency to conduct an in-depth examination of the regulations on its books every 4 years—and to solicit public input in doing so. At the end of each regulatory review, the Office of the Governor (or an executive branch agency designated thereby) must submit a report to General Assembly detailing the regulations eliminated or modified during this process. In connection with this process, executive branch agencies are only required to review those regulations (1) that were adopted by the agency 4 years ago or more, (2) pursuant to the Administrative Procedures Act, (3) for which the agency has direct promulgating authority. The bill also provides that the Office of the Governor (or an executive branch agency designated thereby) may promulgate guidelines to assist executive branch agencies in implementing the provisions of this bill.

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Takes effect upon being signed into law

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