reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 29 - State Government › Chapter 102. DELAWARE LEGISLATIVE OVERSIGHT AND SUNSET ACT › § 10204. Committee staff; appropriations.

§ 10204. Committee staff; appropriations.
(a) Employees of the Division of Research of Legislative Council and of the Office of the Controller General serve as the permanent staff of the Committee.
(b) 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 Committee's budget. The General Assembly shall appropriate funds that it considers necessary to carry out the Committee's activities and goals.
62 Del. Laws, c. 301, §  3;  76 Del. Laws, c. 221, §  1;  80 Del. Laws, c. 260, §  1;  84 Del. Laws, c. 66, § 4;
2023 Delaware Code › Title 29 - State Government › Chapter 102. DELAWARE LEGISLATIVE OVERSIGHT AND SUNSET ACT › § 10205. Committee rules and regulations.

§ 10205. Committee rules and regulations.
The Committee may adopt rules or regulations necessary to carry out the activities and goals of this chapter.
62 Del. Laws, c. 301, §  3;  76 Del. Laws, c. 221, §  1;  80 Del. Laws, c. 260, §  1;  84 Del. Laws, c. 66, § 5;
2023 Delaware Code › Title 29 - State Government › Chapter 102. DELAWARE LEGISLATIVE OVERSIGHT AND SUNSET ACT › § 10206. Committee subpoena powers.

§ 10206. Committee subpoena powers.
(a) (1) The Committee may issue process to a witness at any place in this State and compel the witness's attendance or compel the production of a document, book, record, paper, or other object that may be necessary or proper for the purpose of a full review or focused review.
(2) The Committee may issue an attachment when necessary to obtain compliance with a subpoena or other process. An attachment issued under this section may be addressed to and served by any peace officer in this State.
(3) The committee chair shall issue in the name of the Committee a subpoena that the Committee requests by affirmative vote of a majority of committee members. If the chair is unavailable, the chair's designee may issue a subpoena or another lawful process under this section.
(b) Testimony taken under subpoena must be given under oath subject to the penalties of perjury, and must be reduced to writing.
62 Del. Laws, c. 301, §  3;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 221, §  1;  80 Del. Laws, c. 260, §  1;  84 Del. Laws, c. 66, § 6;
2023 Delaware Code › Title 29 - State Government › Chapter 102. DELAWARE LEGISLATIVE OVERSIGHT AND SUNSET ACT › § 10208. Confidentiality; Freedom of Information Act.

§ 10208. Confidentiality; Freedom of Information Act.
(a) Committee staff shall treat as confidential each record or communication that an entity submits relating to the entity's focused review or full review, unless any of the following apply:
(1) Disclosure is necessary to enable committee staff to perform staff's duties under this chapter. Committee staff may disclose a record or communication under this paragraph only to the extent it is necessary to perform staff's duties.
(2) The entity did not maintain the record or communication as confidential before the review.
(3) The entity agrees in writing that the record or communication may be disclosed.
(b) On receipt of a record or communication that by law is confidential under subsection (a) of this section or privileged, committee staff shall maintain the confidentiality or privilege and may not further disclose or disseminate the information, except as provided under applicable state or federal law.
(c) Each record or communication exchanged between committee staff and an entity under full review or focused review that is exempt from public disclosure under the Freedom of Information Act, Chapter 100 of Title 29 before the exchange remains exempt after the exchange.
84 Del. Laws, c. 66, § 8;
2023 Delaware Code › Title 29 - State Government › Chapter 102. DELAWARE LEGISLATIVE OVERSIGHT AND SUNSET ACT › § 10212. Focused review.

§ 10212. Focused review.
(a) The Committee may conduct a focused review of an entity if the Committee determines that a full review of the entity is not appropriate or necessary. The purpose of a focused review is to evaluate a component within an entity, such as a specific statute, policy, rule, regulation, or program related to the entity. A focused review is in contrast to the broader evaluation of a full review under this chapter.
(b) A focused review is conducted as follows:
(1) The Committee may select an entity or component of an entity, such as a program or sub-entity, for a focused review in the same manner that it selects an entity for a full review under § 10213(c) of this title.
(2) The Committee may begin a focused review immediately and is not subject to the timeline under
§ 10210(a) of this title.
(3) Committee staff shall work with the Committee to establish the scope of the focused review.
(4) Committee staff shall conduct research based on the scope established under paragraph (b)(3) of this section and another issue, concern, defect, or problem that the Committee may request or as the research may indicate.
(5) The Committee shall set a deadline for completion of the committee staff's research, based on staff's estimation of the time needed to complete the research and the emergency nature, if any, of the focused review.
(6) In conducting research under this section, committee staff shall engage the general public and each appropriate entity or organization, including the entity under focused review, to request written testimony, comment, or other material to aid the Committee in the focused review.
(7) Committee staff shall prepare a staff report containing a summary of the staff's research and staff's findings, conclusions, and recommendations. Committee staff shall submit the report to the Committee not later than the deadline that the Committee sets under paragraph (b)(5) of this section, unless staff requests and the chair approves an extension of time.
(8) After committee staff has submitted the staff report under this section to the Committee, the Committee shall conduct the focused review by following § 10209(d) of this title.
(9) Committee staff shall make the staff report available to the public not later than the date of the Committee's initial public hearing under paragraph (b)(8) of this section.
(10) To conclude a focused review, the Committee shall publish each recommended change that the Committee may determine is necessary or appropriate.
68 Del. Laws, c. 159, §  6;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 221, §  1;  80 Del. Laws, c. 260, §  1;  84 Del. Laws, c. 66, § 12;
2023 Delaware Code › Title 29 - State Government › Chapter 102. DELAWARE LEGISLATIVE OVERSIGHT AND SUNSET ACT › § 10213. Annual report; review selection.

§ 10213. Annual report; review selection.
(a) Annual report. —
The Committee shall submit an annual report, compiled by committee staff and approved by the Committee, to the General Assembly, the Governor, and the Director and Librarian of the Division of Research each year not later than July 31. The annual report must contain at least all of the following:
(1) A summary of the outcomes and Committee's actions relating to each full review or focused review that the Committee conducts since its previous annual report, including each of the recommendations the Committee makes under § 10214 of this title.
(2) A summary of the legislation that the Committee approves for introduction since the Committee's previous annual report.
(3) A list of the entities the Committee selects for full review or focused review the next year following the report.
(4) Other information that the Committee may wish to include.
(b) Review selection. —
The Committee must conduct at least 4 full reviews or focused reviews each year. Selection for full review or focused review may take into consideration all of the following:
(1) The number of entities whose full review or focused review is being continued to the following year. A continued full review or focused review may be counted as 1 of the 4 required reviews.
(2) The number of entities automatically scheduled for a full review or focused review.
(3) The number of entities that the General Assembly may add.
(4) The number of entities that the Committee adds under subsection (c) of this section.
(c) The Committee may, by 6 affirmative votes, add an entity to, remove an entity from, or replace an entity on the Committee's full review and focused review schedule.
62 Del. Laws, c. 301, §  3;  68 Del. Laws, c. 23, §  1;  68 Del. Laws, c. 159, §  5;  76 Del. Laws, c. 221, §  1;  80 Del. Laws, c. 260, §  1;  84 Del. Laws, c. 66, § 13;
2023 Delaware Code › Title 29 - State Government › Chapter 102. DELAWARE LEGISLATIVE OVERSIGHT AND SUNSET ACT › § 10214. Committee recommendations; authority to recall entity.

§ 10214. Committee recommendations; authority to recall entity.
(a) For each entity under full review or focused review, the Committee may recommend 1 or more of the following:
(1) a. Continuance of the entity as is.
b. Termination of the entity.
c. Termination of a program within the entity or a rule or regulation adopted by the entity.
d. Consolidation, merger, or transfer of the entity or of a function of the entity.
e. Continuation, holdover, or termination of the entity unless or until certain conditions are met or modifications are made, by legislation or otherwise, within a specified period of time.
(2) Budget appropriation limits for an entity.
(3) In general or specific terms, legislation which the Committee considers necessary to carry out its decision as to whether an entity should be continued or terminated.
(4) Legislation to amend the entity's governing statute or a related statute.
(b) When the Committee has released an entity from full review or focused review, it may recall the entity to a public hearing before the Committee to consider making additional recommendations under subsection (a) of this section if either of the following circumstances apply:
(1) The entity has the ability to meet a certain condition or make a modification that the Committee recommends, but fails to do so.
(2) The Committee recommends legislation to amend the entity's governing statute or a related statute, but, for any reason, the legislation fails to be enacted into law.
(3) The entity fails to submit to the Committee a report that the Committee requests with a status update on the implementation of a recommendation, on a date that the Committee determines.
62 Del. Laws, c. 301, §  3;  68 Del. Laws, c. 159, §  5;  76 Del. Laws, c. 221, §  1;  80 Del. Laws, c. 260, §  1;  81 Del. Laws, c. 191, §  1;  81 Del. Laws, c. 238, § 1;  84 Del. Laws, c. 66, § 14;
2023 Delaware Code › Title 29 - State Government › Chapter 102. DELAWARE LEGISLATIVE OVERSIGHT AND SUNSET ACT › § 10215. Subsequent review; continuation of operations during review.

§ 10215. Subsequent review; continuation of operations during review.
(a) An entity that has successfully completed a full review under this chapter or that has been re-established is not subject to another full review until the sixth year following its last full review, unless the Committee determines by an affirmative vote of 6 members that a sooner full review is reasonable and necessary.
(b) An entity which has been recommended for termination or reorganization, but which nevertheless is continued by legislative action or otherwise, must be placed on the Committee's review schedule for a full review at the end of 4 calendar years from the date of the entity's originally-scheduled review date. An entity which is reorganized at the Committee's recommendation must be placed on the review schedule for a full review or focused review at the end of 4 calendar years from the date of the entity's originally-scheduled full review or focused review date.
(c) An entity shall continue conducting its regular business throughout its full review or focused review unless the Committee requests otherwise in writing.
62 Del. Laws, c. 301, §  3;  68 Del. Laws, c. 159, §  5;  76 Del. Laws, c. 221, §  1;  84 Del. Laws, c. 66, § 15;
2023 Delaware Code › Title 29 - State Government › Chapter 102. DELAWARE LEGISLATIVE OVERSIGHT AND SUNSET ACT › § 10216. Entity termination; reorganization or merger; re-establishment.

§ 10216. Entity termination; reorganization or merger; re-establishment.
(a) Automatic termination. —
If the Committee recommends the termination of an entity and the entity is not re-established by an act of the General Assembly, the entity automatically terminates effective July 1 of the next calendar year after the Committee's annual report in which the Committee first recommends the termination.
(b) Termination of a lesser-included entity. —
When an entity is terminated under this chapter, each lesser-included entity of the terminated entity is also terminated at the same time and under the same conditions, unless at least 1 of the following occur:
(1) The Committee specifically exempts the lesser-included entity from termination.
(2) A law exempting the lesser-included entity from termination is enacted before the end of June 30 of the next calendar year after the Committee submits its annual report regarding the entity's termination.
(c) Reorganization or merger. —
If the Committee recommends that the entity under review is reorganized or merged with another entity, the Committee must introduce legislation establishing the reorganization or merger not later than June 30 of the next calendar year after the Committee submits its annual report recommending the reorganization or merger. If legislation reorganizing or merging the entity is not enacted, the entity automatically terminates effective on the date that the General Assembly in which the legislation is introduced expires.
(d) [Repealed.]
(e) A bill to re-establish an entity that has been recommended for termination or reorganization must relate only to that specific entity, and the name of the affected entity must be stated in the title of the bill.
62 Del. Laws, c. 301, §  3;  68 Del. Laws, c. 159, §  5;  76 Del. Laws, c. 221, §  1;  80 Del. Laws, c. 260, §  1;  84 Del. Laws, c. 66, § 16;
2023 Delaware Code › Title 29 - State Government › Chapter 102. DELAWARE LEGISLATIVE OVERSIGHT AND SUNSET ACT › § 10217. Concluding year for terminated entity; fiscal matters.

§ 10217. Concluding year for terminated entity; fiscal matters.
(a) Concluding year. —
If the Committee recommends terminating an entity and legislation terminating the entity is not introduced in the same calendar year that the Committee makes the recommendation to terminate, the entity may continue in temporary existence until the end of the next calendar year following the recommendation for termination, only to properly conclude the entity's business.
(1) The Committee's recommendation to terminate an entity or legislation introduced but not enacted that terminates the entity does not reduce or otherwise limit the entity's power and authority during the entity's concluding year.
(2) On the expiration of the concluding year, all of the entity's rights, powers, and functions cease. Unobligated or unexpended appropriations of an entity terminated under this chapter lapse at the end of the concluding year.
(b) Fund transfer. —
At the end of a terminated entity's concluding year, money in a dedicated fund of another entity on behalf of the terminated entity must be immediately transferred to the General Fund of the State Treasury, unless otherwise provided for by law. A law or portion of a law which dedicates money to a specific fund of a terminated entity is automatically repealed at the end of the entity's concluding year.
(c) Limitation on spending. —
If a terminated entity is funded in the Budget Appropriation Act for each year of the General Assembly, the entity may not spend or obligate the funds after December 31 of the concluding year or on enactment of a law terminating the entity, whichever occurs first, unless specifically provided for by law.
(d) Property and records. —
If a terminated entity is part of a larger entity, all property and records in the custody of the terminated entity must be transferred at the end of its concluding year to the next largest entity of which the terminated entity was a part. If the terminated entity was itself the largest entity or was an independent entity, the property or records must be transferred to the Secretary of State.
(e) Bonded indebtedness. —
If a terminated entity has outstanding bonded indebtedness remaining at the end of its concluding year or on enactment of legislation terminating the entity, the responsibility for the management of the repayment of the bonded indebtedness through the continuation of the entity functions, limited merely to the repayment function, is vested in the State Treasurer. The entity's claim or a claim against the entity continues and may not be terminated with the entity.
(f) Delaware Code. —
Each reference in the Delaware Code to a terminated entity is invalid on the expiration of the entity's concluding year or on enactment of legislation terminating the entity, whichever occurs first, unless specifically retained.
62 Del. Laws, c. 301, §  3;  68 Del. Laws, c. 159, §  5;  76 Del. Laws, c. 221, §  1;  84 Del. Laws, c. 66, § 17;
2023 Delaware Code › Title 29 - State Government › Chapter 102. DELAWARE LEGISLATIVE OVERSIGHT AND SUNSET ACT › § 10218. Merit system employees.

§ 10218. Merit system employees.
If the termination of an entity or an entity's program or activity results in unemployment for an individual employed under the Merit System of Personnel Administration [Chapter 59 of this title], the unemployed individual is entitled to first preference in each other state employment opportunity which arises thereafter for which the unemployed individual is qualified. The unemployed individual has the right of first refusal for a state employment opportunity until the individual obtains permanent employment.
62 Del. Laws, c. 301, §  3;  68 Del. Laws, c. 159, §  5;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 221, §  1;  84 Del. Laws, c. 66, § 18;
2023 Delaware Code › Title 29 - State Government › Chapter 102. DELAWARE LEGISLATIVE OVERSIGHT AND SUNSET ACT › § 10219. Monitoring recommendations.

§ 10219. Monitoring recommendations.
During each legislative session, committee staff shall do all of the following:
(1) Monitor legislation affecting the entity for at least 2 years after an entity's full review or focused review concludes.
(2) Periodically report to the Committee a proposed or actual legislative, policy, or regulation change, if any, relating to an entity previously under full review or focused review, if the change may result in the Committee modifying a recommendation made during the review.
76 Del. Laws, c. 221, §  1;  80 Del. Laws, c. 260, §  1;  84 Del. Laws, c. 66, § 19;
2023 Delaware Code › Title 29 - State Government › Chapter 103. BUSINESS REGISTRATION AND LICENSING SYSTEM › § 10301. Findings and purpose.

§ 10301. Findings and purpose.
The General Assembly finds that it is necessary to establish a centralized program for business registration and licensing in order to make it convenient and easy for businesses, especially small businesses, to use. The General Assembly also finds that it is necessary to establish a procedure which will reduce the total number of licenses required to do business in this State. This can be accomplished by development of a computerized system capable of storing, retrieving and exchanging license information as well as issuing and renewing master licenses while at the same time allowing the authority for determining if any requested license shall be issued to remain with the agency authorized to issue the license.
64 Del. Laws, c. 12, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 103. BUSINESS REGISTRATION AND LICENSING SYSTEM › § 10302. Definitions.

§ 10302. Definitions.
As used in this chapter:
(1) [Repealed.]
(2) “License” means the whole or part of any agency permit, license, certificate, approval, registration, charter or any form or permission required by law, including agency rule, to engage in any activity.
(3) “Master license” means the document designed for public display issued by the system which certifies individual state agency approval for licenses the State requires for any person subject to this chapter.
(4) [Repealed.]
(5) “System” means the business registration and licensing center established by this chapter.
64 Del. Laws, c. 12, §  1;  69 Del. Laws, c. 458, §  1;  81 Del. Laws, c. 49, §  3;
2023 Delaware Code › Title 29 - State Government › Chapter 103. BUSINESS REGISTRATION AND LICENSING SYSTEM › § 10305. Maximum period for agency review.

§ 10305. Maximum period for agency review.
Each agency administering licenses shall publish, prior to January 1, 1985, regulations prescribing the maximum period of review for each specific license or permit administered by that agency. No license or renewal for which proper and timely application has been made shall be withheld or denied because of the failure of an agency to act within the prescribed maximum period of review. Each agency will remit the application or license fee to any business if its request for a license or permit is not acted upon within the prescribed maximum period for agency review. Nothing within this section shall restrict an agency from denying approval for failure of the applicant to comply with the applicable laws and regulations.
64 Del. Laws, c. 457, §  4;
2023 Delaware Code › Title 29 - State Government › Chapter 103. BUSINESS REGISTRATION AND LICENSING SYSTEM › § 10306. Distribution of license renewal application.

§ 10306. Distribution of license renewal application.
Every state agency shall regularly mail or distribute to Delaware businesses the renewal form or application necessary for retention or renewal of any regularly renewable license. No license shall be withheld, or denied, if the administering agency failed to provide the applicant with the information necessary for a proper and timely renewal or retention of a license.
64 Del. Laws, c. 457, §  5;
2023 Delaware Code › Title 29 - State Government › Chapter 103. BUSINESS REGISTRATION AND LICENSING SYSTEM › § 10308. Cooperation of state agencies.

§ 10308. Cooperation of state agencies.
The General Assembly hereby directs all state agencies to offer their full cooperation in the implementation of this chapter.
64 Del. Laws, c. 12, §  1;  64 Del. Laws, c. 457, §  7;
2023 Delaware Code › Title 29 - State Government › Chapter 104. REGULATORY FLEXIBILITY ACT › § 10402. Declaration of policy.

§ 10402. Declaration of policy.
(a) The General Assembly finds and declares that:
(1) Numerous instances of obtaining compliance with state regulatory and reporting requirements impose inequitable demands on individuals of limited means and on small businesses.
(2) Regulatory efforts to protect the state's health, safety and economic welfare have imposed burdensome legal, accounting and consulting costs upon individuals, organizations and businesses of limited resources and are adversely affecting competition in that sphere of the marketplace.
(3) The scope and volume of regulations already in effect have created high entry barriers in many small industries and has discouraged potential entrepreneurs from introducing beneficial products and processes.
(4) The practice of treating all regulated individuals, organizations and businesses in uniform manner for purposes of regulatory and reporting requirements has led to inefficient use of regulatory agency resources, enormous enforcement problems and, in some cases, action inconsistent with the legislative intent of health, safety and economic welfare legislation.
(5) Government information collection has not adequately weighed the privacy rights of individuals and organizations against the government's need for information because the design of the regulatory process has encouraged regulators to treat information as a free good.
(6) The deep public dissatisfaction with the regulatory process has stemmed in large part from a public perception of burdensome regulations failing to correct key state problems.
(b) It is the purpose of this chapter to establish as a principle of regulatory policy that regulatory and reporting requirements fit the scale of those being regulated, that fewer, simpler requirements be made of individuals and small businesses and that to achieve these ends agencies be empowered and encouraged to issue regulations which apply differently to individuals and small businesses than to larger entities.
64 Del. Laws, c. 51, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 104. REGULATORY FLEXIBILITY ACT › § 10403. Definitions [For application of this section, see 80 Del. Laws, c. 112, 7; and 80 Del. Laws, c. 113, 8].

§ 10403. Definitions [For application of this section, see 80 Del. Laws, c. 112, 7; and 80 Del. Laws, c. 113, 8].
As used in this chapter:
(1) “Agency” means any authority, department, instrumentality, commission, offices, board or other unit of state government authorized by law to make regulations or issue licenses. Agency does not include the General Assembly, courts, municipalities, counties or other political subdivisions, joint state-federal, interstate or inter-municipal authorities or their agencies.
(2) “Agency regulatory statement” means any analysis or statement required to be submitted for publication by an agency to the Registrar of Regulations in accordance with this chapter.
(3) “Executive branch agency” means, for purposes of this chapter only, the Department of Agriculture, Department of Correction, Delaware National Guard, Delaware State Housing Authority, Department of Education, Department of Finance, Department of Health and Social Services, Department of Labor, Office of Management and Budget, Department of Natural Resources and Environmental Control, Department of Safety and Homeland Security, Department of Services for Children, Youth and Their Families, Department of State, Department of Technology and Information, Department of Human Resources and Department of Transportation.
(4) “Individual” means any natural person; provided, however, that the term “individual” shall not include any natural person who is affected by a regulation in such person's capacity as an officer, director or employee of an organization which is not a small business.
(5) “Small business” means any not-for-profit enterprise, sheltered workshop or business enterprise which is engaged in any phase of manufacturing, agricultural production or personal service, regardless of the form of its organization, when such enterprise or workshop employs fewer than 50 persons, has gross receipts of less than $10,000,000 and is not owned, operated or controlled by another business enterprise.
64 Del. Laws, c. 51, §  1;  80 Del. Laws, c. 111, §  1;  80 Del. Laws, c. 112, §  1;  80 Del. Laws, c. 113, §  1;  81 Del. Laws, c. 49, §  3;  81 Del. Laws, c. 66, §  62;
2023 Delaware Code › Title 29 - State Government › Chapter 104. REGULATORY FLEXIBILITY ACT › § 10404A. Regulatory impact statements [For application of this section, see 80 Del. Laws, c. 112, § 7].

§ 10404A. Regulatory impact statements [For application of this section, see 80 Del. Laws, c. 112, § 7].
(a) Any agency that proposes to adopt or amend any regulation under the Administrative Procedures Act, § 10101 et seq. of this title, that is substantially likely to impose additional costs or burdens upon individuals and/or small businesses shall submit a regulatory impact statement to be published by the Registrar of Regulations as part of the notice requirements set forth in § 10115 of this title. Each regulatory impact statement shall include:
(1) A specific reference to the statutory provision which allows for the adoption or amendment of the rule or regulation and the statutory provisions which address the subject matter of the rule or regulation;
(2) A description of the purpose of the regulation;
(3) An identification of the individuals and/or small businesses that would be subject to compliance under the regulation;
(4) A good-faith estimate by the agency of the potential cost of compliance for individuals and/or small businesses, which at minimum shall include the projected reporting, recordkeeping, and other administrative costs required to comply with the proposed regulation; and
(5) A description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation, to the extent such methods are not otherwise described herein.
(b) The following regulations are exempt from this section:
(1) Regulations that are not substantially likely to impose additional costs or burdens upon individuals and/or small businesses; provided, however, that any agency making such a determination shall include a statement to that effect as part of the notice requirements set forth in § 10115 of this title;
(2) Emergency regulations adopted pursuant to § 10119 of this title;
(3) Regulations that are exempt from the procedural requirements of the Administrative Procedures Act, § 10101 et seq. of this title, pursuant to § 10113(b) of this title;
(4) Regulations that define standards of conduct or qualifications of individuals applying for licensure or as licensed professionals;
(5) Regulations that are required by federal law and have already complied with the federal Regulatory Flexibility Act [5 U.S.C. § 601 et seq.]; and
(6) Such other regulations as may be determined from time to time in accordance with this chapter.
80 Del. Laws, c. 112, §  3;
2023 Delaware Code › Title 29 - State Government › Chapter 104. REGULATORY FLEXIBILITY ACT › § 10404B. Regulatory flexibility analyses [For application of this section, see 80 Del. Laws, c. 113, § 8].

§ 10404B. Regulatory flexibility analyses [For application of this section, see 80 Del. Laws, c. 113, § 8].
(a) Any agency that proposes to adopt or amend any regulation under the Administrative Procedures Act, § 10101 et seq. of this title, that is substantially likely to impose additional costs or burdens upon individuals and/or small businesses shall submit a regulatory flexibility analysis to be published by the Registrar of Regulations as part of the notice requirements set forth in § 10115 of this title. In connection herewith, agencies shall consider, where applicable, lawful, feasible and desirable, the following methods of reducing the additional costs and burdens of proposed regulations on individuals and small businesses:
(1) The establishment of less stringent compliance or reporting requirements;
(2) The establishment of less stringent schedules or deadlines for compliance or reporting requirements;
(3) The consolidation or simplification of compliance or reporting requirements;
(4) The establishment of performance standards to replace design or operational standards required in the proposed regulation;
(5) The exemption of certain individuals or small businesses from all or part of the requirements contained in the proposed regulation; and
(6) Such other alternative regulatory methods that will accomplish the objectives of the proposed regulation while minimizing the adverse impact upon individuals and small businesses.
(b) The following regulations are exempt from this section:
(1) Regulations that are not substantially likely to impose additional costs or burdens upon individuals and/or small businesses; provided, however, that any agency making such a determination shall include a statement to that effect as part of the notice requirements set forth in § 10115 of this title;
(2) Emergency regulations adopted pursuant to § 10119 of this title;
(3) Regulations that are exempt from the procedural requirements of the Administrative Procedures Act, § 10101 et seq. of this title, pursuant to § 10113(b) of this title;
(4) Regulations that define standards of conduct or qualifications of individuals applying for licensure or as licensed professionals;
(5) Regulations that are required by federal law and have already complied with the federal Regulatory Flexibility Act [5 U.S.C. § 601 et seq.]; and
(6) Such other regulations as may be determined from time to time in accordance with this chapter.
80 Del. Laws, c. 113, §  3;
2023 Delaware Code › Title 29 - State Government › Chapter 104. REGULATORY FLEXIBILITY ACT › § 10405. Transmission of notice of proposed regulation to General Assembly standing committees; comments [For application of this section, see 80 Del. Laws, c. 112, § 7].

§ 10405. Transmission of notice of proposed regulation to General Assembly standing committees; comments [For application of this section, see 80 Del. Laws, c. 112, § 7].
Upon receipt of a notice from an agency pursuant to § 10115 of this title that includes an agency regulatory statement, the Registrar of Regulations shall forthwith transmit such notice and agency regulatory statement to, and obtain the comments, if any, of, the appropriate standing committees of the General Assembly with oversight responsibilities for legislation affecting that agency with respect to the potential impact of such proposed regulation upon individuals and/or small businesses. Nothing in this section shall require any standing committee to meet, to consider any notice hereunder, or to provide any comments in connection herewith.
64 Del. Laws, c. 51, §  1;  80 Del. Laws, c. 112, §  4;
2023 Delaware Code › Title 29 - State Government › Chapter 104. REGULATORY FLEXIBILITY ACT › § 10406. Application of exemption.

§ 10406. Application of exemption.
Whenever the results of such consideration by an agency indicate that it is lawful, desirable and feasible to exempt individuals and/or small businesses or to set lesser standards of compliance by individuals and/or small businesses, the agency shall issue a rule or regulation containing an appropriate exemption for such individual and/or small businesses or setting lesser standards for compliance by individuals and/or small businesses.
64 Del. Laws, c. 51, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 104. REGULATORY FLEXIBILITY ACT › § 10409. Guidelines [For application of this section, see 80 Del. Laws, c. 112, § 7; and 80 Del. Laws, c. 113, § 8].

§ 10409. Guidelines [For application of this section, see 80 Del. Laws, c. 112, § 7; and 80 Del. Laws, c. 113, § 8].
(a) No later than November 15, 2015, the Registrar of Regulations, the Office of Management and Budget (OMB), and the Department of State, in consultation with such regulatory agencies, boards, and commissions as may be necessary or desirable, shall submit for final publication guidelines to assist state agencies in preparing the agency regulatory statements required pursuant to this chapter. The adoption of such guidelines shall be subject to the Administrative Procedures Act, § 10101 et seq. of this title, with the OMB serving as the adopting agency.
(b) The guidelines shall include, but are not limited to:
(1) Determining when, and under what circumstances, a proposed regulation is substantially likely to impose additional costs or burdens on individuals and/or small businesses;
(2) Identifying and evaluating alternative methods of achieving the purpose of a proposed regulation;
(3) Determining the potential cost of complying with a proposed regulation, including projected reporting, recordkeeping, and other administrative costs; and
(4) Evaluating and adopting such additional exemptions from the requirements applicable to agency regulatory statements as may be necessary or desirable.
80 Del. Laws, c. 112, §  5;  80 Del. Laws, c. 113, §  4;
2023 Delaware Code › Title 29 - State Government › Chapter 105. THE DELAWARE GOVERNMENTAL ACCOUNTABILITY ACT › § 10502. Purpose.

§ 10502. Purpose.
(a) The General Assembly believes that it is desirable to gather additional program information in order to make better informed policy decisions on statewide programs and services.
(b) The General Assembly further believes that the development of performance measures and standards for governmental programs will result in a more efficient and effective allocation and utilization of state resources.
(c) The purpose of this chapter shall be to enable the Director of the Office of Management and Budget to assist the General Assembly in reviewing the appropriate information and documentation by agencies and the budget office for distribution to the Joint Finance Committee.
(d) The Director of the Office of Management and Budget and the Controller General shall work in concert to revise budget documents to include the following:
(1) A comprehensive mission statement inclusive of the major functions and operations of the agency;
(2) A performance measure for each Internal Program Unit;
(3) An organizational chart for each department;
(4) A section in the budget book detailing an agency's background and accomplishments; and
(5) A section in the budget book describing the link between the proposed allocation of services and what programs and/or services the agency will be able to accomplish.
70 Del. Laws, c. 492, §  1;  75 Del. Laws, c. 88, §  21(13);
2023 Delaware Code › Title 29 - State Government › Chapter 105. THE DELAWARE GOVERNMENTAL ACCOUNTABILITY ACT › § 10503. Budget products.

§ 10503. Budget products.
(a) No later than January 30 of each year, the Director of the Office of Management and Budget will submit annual budget documents and supporting information inclusive of the recommended additions detailed above.
(b) The secretary or director of each agency shall discuss the mission statement, performance measures and funding requests with the General Assembly's Joint Finance Committee Budget Hearing.
70 Del. Laws, c. 492, §  1;  75 Del. Laws, c. 88, §  21(13);
2023 Delaware Code › Title 30 - State Taxes › Chapter 1. GENERAL PROVISIONS › § 101. Definitions.

§ 101. Definitions.
As used in this title:
(1) “Board” means the Tax Appeal Board.
(2) “Department” means the Department of Finance.
(3) “Notice,” “notification” or “receipt,” required to be given or provided for by this title, means a written notice, notification or receipt, contained in a sealed envelope, addressed to the taxable at the last known address and deposited in the United States mails unless delivered to the taxable in person or to a representative or agent.
(4) “Secretary” and “Secretary of Finance” mean the Secretary of Finance or a duly authorized designee; provided, that any such delegation of authority is consistent with Chapter 83 of Title 29.
(5) “Taxable” means any person, fiduciary, association of persons, syndicate, joint venture or copartnership subject to making return or to payment of tax imposed by this title.
36 Del. Laws, c. 8, §  8;  Code 1935, §  151;  30 Del. C. 1953, §  101;  57 Del. Laws, c. 741, §§  2A-2C;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 30 - State Taxes › Chapter 1. GENERAL PROVISIONS › § 102. Limitation upon tax levy; personal property.

§ 102. Limitation upon tax levy; personal property.
(a) No tax shall be levied, assessed or collected by this State upon personal property whether tangible or intangible.
(b) Subsection (a) of this section shall not be construed as having any effect upon any:
(1) Estate, income or other excise tax law of this State;
(2) Lands held under lease or demise;
(3) Buildings, improvements, equipment or structures of any nature made or erected upon lands so held under lease or demise; or
(4) Poles or wires maintained thereon other than for enclosing lands.
42 Del. Laws, c. 109;  42 Del. Laws, c. 110;  30 Del. C. 1953, §  102;  71 Del. Laws, c. 353, §  11;
2023 Delaware Code › Title 30 - State Taxes › Chapter 1. GENERAL PROVISIONS › § 103. Bonds of City of Wilmington exempt.

§ 103. Bonds of City of Wilmington exempt.
All bonds of the City of Wilmington are exempt from taxation under any law of this State.
Code 1852, §§  184, 185;  17 Del. Laws, c. 207, §  101;  Code 1915, §  1098;  Code 1935, §  1258;  30 Del. C. 1953, §  103;
2023 Delaware Code › Title 30 - State Taxes › Chapter 1. GENERAL PROVISIONS › § 104. Reciprocal collection of taxes; recognition of laws of other states; official to bring action; meaning of taxes.

§ 104. Reciprocal collection of taxes; recognition of laws of other states; official to bring action; meaning of taxes.
(a) The courts of this State shall recognize and enforce the liability for taxes lawfully imposed by the laws of any other state or the District of Columbia which extends a like comity in respect of the liability for taxes lawfully imposed by the laws of this State.
(b) The officials of such other states or the District of Columbia are authorized to bring action in the courts of this State for the collection of such taxes and the certification of the secretary of state of such other state or comparable official in the District of Columbia that such officials have the authority to collect the taxes so to be collected by such action shall be conclusive proof of that authority.
(c) The term “taxes” as herein referred to shall mean taxes similar to those imposed under this article, together with all lawful interest charges and penalties added thereto.
30 Del. C. 1953, §  104;  54 Del. Laws, c. 180.;
2023 Delaware Code › Title 30 - State Taxes › Chapter 3. DEPARTMENT OF FINANCE › Subchapter I. General Provisions › § 301. General powers of Department.

§ 301. General powers of Department.
The Department of Finance shall administer and enforce all state tax laws and collect the taxes thereby imposed, unless such duties are expressly conferred upon another agency.
Code 1915, §  226A;  40 Del. Laws, c. 30, §  1;  38 Del. Laws, c. 8, §  8;  Code 1935, §§  151, 206;  30 Del. C. 1953, §  302;  57 Del. Laws, c. 741, §§  3B, 3C;
2023 Delaware Code › Title 30 - State Taxes › Chapter 3. DEPARTMENT OF FINANCE › Subchapter I. General Provisions › § 302. Preparation of blanks and forms.

§ 302. Preparation of blanks and forms.
The Department of Finance shall prepare all necessary forms and blanks required in the administration and enforcement of any law which it is the duty of the Department to administer and enforce.
25 Del. Laws, c. 225, §  3;  Code 1915, §§  152B, 226A;  36 Del. Laws, c. 8, §  10;  37 Del. Laws, c. 8;  40 Del. Laws, c. 9, §  1;  40 Del. Laws, c. 10;  40 Del. Laws, c. 30;  Code 1935, §§  137, 143, 153, 206;  30 Del. C. 1953, §  303;  57 Del. Laws, c. 741, §§  3B, 3C;
2023 Delaware Code › Title 30 - State Taxes › Chapter 3. DEPARTMENT OF FINANCE › Subchapter I. General Provisions › § 303. Payment of receipts.

§ 303. Payment of receipts.
The Department of Finance shall pay daily to the Secretary of Finance, for the use of the State, all sums collected by the Department.
25 Del. Laws, c. 225, §  3;  Code 1915, §§  152B, 226A;  36 Del. Laws, c. 8, §  10;  37 Del. Laws, c. 8;  40 Del. Laws, c. 9, §  1;  40 Del. Laws, c. 10;  40 Del. Laws, c. 30;  Code 1935, §§  137, 143, 153, 206;  30 Del. C. 1953, §  304;  57 Del. Laws, c. 741, §§  3B, 3C;
2023 Delaware Code › Title 30 - State Taxes › Chapter 3. DEPARTMENT OF FINANCE › Subchapter I. General Provisions › § 304. Expenses of Department personnel.

§ 304. Expenses of Department personnel.
The Tax Appeal Board and the officers and employees of the Department of Finance shall be entitled to receive from the State their actual and necessary expenses while engaged in the performance of their duties. All expense accounts shall be made in detail and shall be approved by the Secretary of Finance. The total shall in no case exceed the sums appropriated therefor.
36 Del. Laws, c. 8, §  21;  40 Del. Laws, c. 11, §  20;  Code 1935, §  164;  30 Del. C. 1953, §  305;  57 Del. Laws, c. 718, §  3;  57 Del. Laws, c. 741, §§  3B, 3D, 3E;
2023 Delaware Code › Title 30 - State Taxes › Chapter 3. DEPARTMENT OF FINANCE › Subchapter I. General Provisions › § 305. Notice by Division of Accounting of payments to business associations.

§ 305. Notice by Division of Accounting of payments to business associations.
For purposes of tax compliance the Division of Accounting shall give notice to the Division of Revenue of payments made to any corporation or other business association when the aggregate payments during the fiscal year exceed $2,000.
30 Del. C. 1953, §  307;  57 Del. Laws, c. 201;  58 Del. Laws, c. 435.;
2023 Delaware Code › Title 30 - State Taxes › Chapter 3. DEPARTMENT OF FINANCE › Subchapter I. General Provisions › § 306. Taxpayer identification number.

§ 306. Taxpayer identification number.
The Department of Finance may require taxpayers to use and to furnish tax identification numbers. In the case of individuals, this shall be the Federal Social Security Number, and, in the case of businesses, this shall be the Federal Employer Identification Number.
30 Del. C. 1953, §  308;  57 Del. Laws, c. 559.;
2023 Delaware Code › Title 30 - State Taxes › Chapter 3. DEPARTMENT OF FINANCE › Subchapter II. Tax Appeal Board › § 321. Composition; appointment; term; qualifications.

§ 321. Composition; appointment; term; qualifications.
(a) The Tax Appeal Board shall consist of 5 members who shall be appointed by the Governor for terms of 3 years. The term of each member shall terminate at the end of said 3-year period, or until such member's successor has been appointed and qualified. If any member of the Tax Appeal Board shall cease to serve for any reason prior to the end of the term, the Governor shall appoint a successor to serve for the remainder of the unexpired term. At least 1 member of the Board shall be a member of 1 of the major political parties, and at least 1 member of the Board shall be a member of the other major political party; provided, however, there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person not registered with a political party shall also be eligible for appointment as a member of the Board.
(b) At least 2 of the members of the Board shall be attorneys-at-law, 1 of whom shall be appointed chairperson by the Governor. The other attorney shall be vice-chairperson to act in the absence or disability of the chairperson. The remainder of the Board shall be composed of 1 accountant and 2 members of the general public.
30 Del. C. 1953, §  321;  57 Del. Laws, c. 718, §  1;  60 Del. Laws, c. 173, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 30 - State Taxes › Chapter 3. DEPARTMENT OF FINANCE › Subchapter II. Tax Appeal Board › § 322. Salary.

§ 322. Salary.
Each member of the Tax Appeal Board shall be paid a salary of $5,500 per year. The chairperson shall be paid an additional $500 per year.
30 Del. C. 1953, §  322;  57 Del. Laws, c. 718, §  1;  60 Del. Laws, c. 173, §  2;  65 Del. Laws, c. 348, §  107;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 30 - State Taxes › Chapter 3. DEPARTMENT OF FINANCE › Subchapter II. Tax Appeal Board › § 323. Secretary; quorum.

§ 323. Secretary; quorum.
(a) The Tax Appeal Board shall appoint a secretary who need not be a member of the Tax Appeal Board. The secretary shall maintain a record of all proceedings before the Tax Appeal Board.
(b) A quorum for the transaction of business of the Tax Appeal Board shall be any 3 members, one of whom shall be an attorney.
30 Del. C. 1953, §  323;  57 Del. Laws, c. 718, §  1;
2023 Delaware Code › Title 30 - State Taxes › Chapter 3. DEPARTMENT OF FINANCE › Subchapter II. Tax Appeal Board › § 324. Alternate attorney member.

§ 324. Alternate attorney member.
(a) Whenever a request in writing shall be addressed to the Governor by any attorney member of the Tax Appeal Board stating that the attorney is disqualified from participating in a particular matter or matters coming before the Tax Appeal Board, or that the attorney is unable because of illness, disability or other good reason to take part in such matter or matters, the Governor shall designate an attorney-at-law as a special attorney member of the Tax Appeal Board for such matter or matters only and such designee shall be deemed to be an attorney member of the Tax Appeal Board for all purposes concerning such matter or matters.
(b) Any attorney so designated who renders service as such special member of the Tax Appeal Board shall be paid at the rate of $100 per diem for services.
(c) This section shall be applicable to any matters over which the Tax Appeal Board has jurisdiction, whether pending at or prior to September 15, 1970, or at any time subsequent thereto.
30 Del. C. 1953, §  324;  57 Del. Laws, c. 718, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;