CHAPTER 12

FORMERLY

HOUSE BILL NO. 15

AN ACT TO AMEND TITLE 29, DELAWARE CODE, BY ADDING THERETO A NEW CHAPTER 103 RELATING TO ESTABLISHING A BUSINESS REGULATION AND LICENSING SYSTEM.

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

Section 1. Amend Part X, Title 29, Delaware Code, by adding thereto a new Chapter 103 to read as follows:

"CHAPTER 103. DELAWARE BUSINESS AND LICENSING SYSTEM ACT §10301. Declaration of 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.

§10302. Definitions

As used in this Act:

"System" means the business registration and licensing center established by this Act and located in and under the administrative control of the Delaware Development Office.

"Board of Review" means the body established to review policies and rules adopted by the Delaware Development Office for carrying out the provisions of this Act.

"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 the provisions of this Act.

"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.

"Person" means any individual, sole proprietorship, partnership, association, cooperative, corporation, nonprofit organization, state or local government agency, and any other organization required to register with the State to do business in the State and to obtain one or more licenses from the State or any of its agencies.

§10303. Business Registration and Licensing System

(a) The Delaware Development Office is directed to study the feasibility of a business registration and licensing system.

(b) The duties of the system shall be:

(I) To establish a service not later than 60 days after the effective date of this Act that will provide information to persons detailing all State licenses required to engage in business in this State and the locations for applying for those licenses.

(2) To develop not later than six months after the effective date of this Act a common system of identifying businesses by all State agencies.

(3) To recommend to the General Assembly not later than six months after the effective date of this Act criteria for evaluation of existing and proposed forms of licensing authorization.

(4) To develop not later than December 1, 1983, a plan for a computerized system capable of storing, retrieving, and exchanging license information as well as issuing and renewing master licenses in an efficient manner.

(c) Every State agency shall review its licenses and recommend to the General Assembly not later than December 1, 1983, those licenses which should be eliminated or consolidated and justify those which should be retained.

(d) The plan for developing the system shall include a phased approach approved by the Director that:

(1) Will include a feasibility study;

(2) Will provide for an evaluation of alternatives and the costs associated with each alternative;

(3) Will have interagency procedures for effectuating the system;

(4) Will have selected those licenses which will be included in the initial implementation of the system and the date and manner in which the licenses will be integrated into the system.

(5) Will have a cost benefit analysis of the final implementation of this Act.

(e) The Director shall adopt such rules and regulations as under State statute are necessary to effectuate the purposes of this Act.

§10304. Board of Review

(a) There is established a Board of Review to provide policy direction to the Delaware Development Office as it establishes and operates the business registration and licensing system. The Board of Review shall be composed of the following officials, who will serve without

compensation:

1. Director of the Division of Revenue

2. Secretary of Labor

3. Secretary of Agriculture

4 Director of the Delaware Development Office

5. Chairman, Delaware Alcoholic Beverage Control Commission

8. Secretary, Department of Natural Resources and Environmental Control

7. Secretory of Finance

8. Secretary of Health and Social Services

9. Secretary, Department of Transporation

10. Director, Motor Vehicle Division

11. Secretary, Department of Administrative Services

§10305. Cooperation of State Agencies.

The General Assembly hereby directs all state agencies to offer their full cooperation In the implementation of this Act."

Approved February 8, 1983