CHAPTER 457

FORMERLY

HOUSE BILL NO. 545

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND CHAPTER 103, TITLE 29 OF THE DELAWARE CODE RELATING TO BUSINESS REGISTRATION AND LICENSING SYSTEM.

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

Section 1. Amend §10303(b)(2), Chapter 103 of Title 29 of the Delaware Code by striking all of said Subsection and substituting in lieu thereof a new §10303(b)(2) to read as follows:

"(2) To adopt a common system of identifying businesses for licensing purposes for all State agencies prior to July 1, 1985. This common system of identification shall consist of the Federal Employer's Identification Number or the applicant's Social Security Number."

Section 2. Amend §10303(b), Chapter 103 of Title 29 of the Delaware Code by adding a new §10303(b)(5) to read as follows:

"(5) The Division of Revenue of the Department of Finance will develop a system to integrate license fee payment and renewal for various business and occupational licenses with the Business License system currently administered by the Division of Revenue. Initially selected licenses administered by the Alcoholic Beverage Control Commission, the Division of Business and Occupational Regulation of the Department of Administrative Services, and the Division of Motor Fuel Tax of the Department of Public Safety will be included in the initial implementation of the consolidated license system. The Director of the Division of Revenue will report on these consolidation efforts to the General Assembly by March 31, 1985. Nothing in this section will restrict, alter or modify the regulatory authority of the Alcoholic Beverage Control Commission, the Division of Business and Occupational Regulation or the Division of Motor Fuel Tax."

Section 3. Amend §10303(c), Chapter 103 of Title 29 of the Delaware Code by striking said Subsection in its entirety and substituting in lieu thereof the following:

"(c) All annual business licenses that charge a fee less than ten dollars ($10.00) annually shall become licenses renewed for a term of three years on January 1, 1985 or on the date of first renewal date after January 1, 1985. The license fee for the three-year period shall be established at a rate equal to three times the current annual fee and each license will be effective for a three-year period."

Section 4. Amend §10305, Chapter 103 of Title 29 of the Delaware Code by striking said Subsection in its entirety and substituting in lieu thereof the following:

§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 their request for a license or permit is not acted upon within the prescribed maximum period for agency review. Nothing within this Subsection shall restrict an agency from denying approval for failure of the applicant to comply with the applicable laws and regulations."

Section 5. Amend Chapter 103, Title 29 of the Delaware Code by adding a new §10306 to read as follows:

"§10306. Automatic 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 licenses. 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."

Section 6. Amend Chapter 103, Title 29 of the Delaware Code by adding a new §10307 to read as follows:

§10307. Development advisory service

(a) The Development Advisory Service is established.

The Development Advisory Service shall be composed of representatives of all divisions within the Department of Natural Resources and Environmental Control, the Division of Public Health of the Department of Health and Social Services, the Public Service Commission, and the Division of Highways of the Department of Transporation, the Delaware Development Office, the Department of Agriculture, and the Division of Historical and Cultural Affairs of the Department of State. The Secretary of Natural Resources and Environmental Control shall appoint a Chairman of the Development Advisory Service.

The Development Advisory Service shall:

coordinate the issuance of environmental or construction related permits and licenses when an applicant is required to obtain more than one approval from the agencies or divisions represented on the Development Advisory Service;

arrange a single meeting between the applicant and the Development Advisory Service to identify all required licenses and to advise the applicant of all necessary requirements and procedures:

assist the applicant in completing the requirements for licenses administered by agencies represented by the Development Advisory Service; and

promote the timely issuance of licenses and permits.

Section 7. Amend Chapter 103, Title 29 of the Delaware Code by adding a new §10308 to read as follows:

§10308. Cooperation of state agencies

The General Assembly hereby directs all State agencies to offer their full cooperation in the implementation of this Chapter."

Approved August 13,1984.