SB 115 — AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE JOINT LEGISLATIVE OVERSIGHT AND SUNSET COMMITTEE.

Summary

This Act makes updates to the Joint Legislative Oversight and Sunset Act (“JLOSC Act”) to meet modern-day needs and practices. First, this Act defines “highest administrative officer” to clarify that the executive branch, cabinet-level officer of an entity under review must be present at public hearings under the JLOSC Act. Other states have an equal mix of requiring the presence of the cabinet-level official, requiring the presence of the division-level leader, or not clarifying which of the 2 positions must be present. This Act contemplates circumstances under which a person other than the cabinet-level officer may be more appropriate to appear at JLOSC hearings, and therefore authorizes the officer, with the JLOSC Chair’s approval, to appoint a designee to meet the officer’s obligations, or the JLOSC Committee to designate a person other than the officer. This Act also makes changes to specific deadlines that are out-of-step with JLOSC’s practices and needs. In doing so, this Act also clarifies language regarding JLOSC staffs’ duties and requirements for the JLOSC’s draft report. Finally, this Act makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Text

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This bill updates the Joint Legislative Oversight and Sunset Act to clarify definitions, update deadlines, and modify procedures regarding agency reviews.

• § 10201

  For purposes of this chapter, unless the context otherwise requires → As used in this chapter:

  This change clarifies the introductory language for the definitions section.

• § 10201

  “Highest administrative officer” means an official who is appointed by the Governor as a member of the Governor’s cabinet. → “Highest administrative officer” means an official appointed by the Governor as a member of the Governor’s cabinet.

  This change removes unnecessary wording for clarity.

• § 10207

  Each year on or before January 15, → In October of the year immediately before an agency is reviewed, unless the agency has requested and been granted an extension that may not extend past December 31,

  This change alters the deadline for agencies to submit reports to better align with review schedules.

• § 10209

  Each year on or before February 7, → To review an agency, the Committee shall do all of the following:

  This change clarifies the purpose of the timeline regarding committee responsibilities.

• § 10210

  Between February 7 and the second Tuesday of March → From January through March of each year, unless the needs of the General Assembly require otherwise,

  This change adjusts the timing for convening public hearings to better fit legislative schedules.

• § 10210

  The Committee may designate a person other than the highest administrative officer of an agency under review to meet the officer’s obligations under paragraph (b)(1) of this section. → The Committee may designate a person other than the highest administrative officer of an agency under review to meet the officer’s obligations under paragraph (b)(1) of this section.

  This change clarifies the committee's authority to designate someone else in absence of the highest administrative officer.

• § 10210

  To encourage participation by the general public, hearings and meetings convened pursuant to under this subsection must occasionally be held occasionally in the early evening hours. → To encourage participation by the general public, hearings and meetings convened pursuant to under this subsection must occasionally be held in the early evening hours.

  This change corrects repetitive wording for clarity.

Action History

1. July 17, 2019

   Signed by Governor

2. June 30, 2019

   Passed By House. Votes: 41 YES

3. June 25, 2019

   Reported Out of Committee (Sunset Committee (Policy Analysis & Government Accountability)) in House with 4 On Its Merits

4. June 20, 2019

   Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House

5. June 19, 2019

   Passed By Senate. Votes: 20 YES 1 ABSENT

6. June 05, 2019

   Reported Out of Committee (Sunset) in Senate with 5 On Its Merits

7. May 29, 2019

   Introduced and Assigned to Sunset Committee in Senate

Sponsors

• Lyndon D. Yearick · Cosponsor
• Stephanie L. Hansen · Cosponsor
• S. Elizabeth Lockman · Primary
• John "Jack" Walsh · Cosponsor
• David Bentz · Primary
• Anthony Delcollo · Cosponsor
• Ernesto B Lopez · Cosponsor
• Andria L. Bennett · Cosponsor
• Sherry Dorsey Walker · Cosponsor
• Jeffrey N. Spiegelman · Cosponsor

Votes

Subjects