As used in this chapter:

(1) “Committee” means the Joint Legislative Oversight and Sunset Committee established by this chapter.

(2) “Committee staff” means the employees of the Division of Research of Legislative Council who are assigned to support the Committee.

(3) “Entity” means a regulatory, administrative, advisory, executive, or legislative body of this State, including a board, bureau, commission, department, division, committee, council, association, authority, or organized body established by an act of the General Assembly of this State that meets any of the following:

a. Is given authority in the Delaware Code to regulate a business, occupation, or profession.

b. Is supported in whole or in part by public funds.

c. Expends or disburses public funds.

d. Is specifically charged by a public body to advise or make recommendations.

(4) “Focused review” means a specialized assessment of an entity, conducted under § 10212 of this title.

(5) “Full review” means a formal assessment of the entirety of an entity, conducted under § 10211 of this title. “Full review” does not include a focused review.

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

(7) “Performance evaluation” means the review mechanism under this chapter that is an assessment of an entity’s performance and function.

(8) “Self-report” means the report under § 10207 of this title.

(9) “Under review” means undergoing a process implemented under this chapter.

62 Del. Laws, c. 301, §  3;  76 Del. Laws, c. 221, §  1;  80 Del. Laws, c. 260, §  1;  82 Del. Laws, c. 132, § 1;  84 Del. Laws, c. 66, § 1; 

As used in this chapter:

(1) “Committee” means the Joint Legislative Oversight and Sunset Committee established by this chapter.

(2) “Committee staff” means the employees of the Division of Legislative Services who are assigned to support the Committee.

(3) “Entity” means a regulatory, administrative, advisory, executive, or legislative body of this State, including a board, bureau, commission, department, division, committee, council, association, authority, or organized body established by an act of the General Assembly of this State that meets any of the following:

a. Is given authority in the Delaware Code to regulate a business, occupation, or profession.

b. Is supported in whole or in part by public funds.

c. Expends or disburses public funds.

d. Is specifically charged by a public body to advise or make recommendations.

(4) “Focused review” means a specialized assessment of an entity, conducted under § 10212 of this title.

(5) “Full review” means a formal assessment of the entirety of an entity, conducted under § 10211 of this title. “Full review” does not include a focused review.

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

(7) “Performance evaluation” means the review mechanism under this chapter that is an assessment of an entity’s performance and function.

(8) “Self-report” means the report under § 10207 of this title.

(9) “Under review” means undergoing a process implemented under this chapter.

62 Del. Laws, c. 301, §  3;  76 Del. Laws, c. 221, §  1;  80 Del. Laws, c. 260, §  1;  82 Del. Laws, c. 132, § 1;  84 Del. Laws, c. 66, § 1;  84 Del. Laws, c. 255, § 58; 

(a) It is essential to the maintenance of a healthy state economy and a government that has the confidence of its citizens that the State establish a system of periodic legislative review of its entities. The review of entity performance and activities is consistent with other activities and goals of the General Assembly. The primary purpose of a full review or focused review under this chapter is to determine whether there is a genuine public need for the entity under review and, if so, to determine whether the entity is correctly performing to meet that need.

(b) The purpose of this chapter is to provide an action-forcing mechanism designed to increase the accountability of an entity through increased legislative scrutiny of the entity and its activities. The intent of the General Assembly is to establish a timetable and process for a full review or focused review of an entity and the services it provides and ultimately to review each entity established by or receiving financial assistance from the State.

(c) The purpose of this chapter is not to terminate an entity which the Committee determines is sufficiently meeting a recognized Delaware state need and is accountable and responsive to the public interests. Rather, the primary purpose of this chapter is to use the review mechanism to strengthen and support an entity that the Committee determines is meeting a recognized Delaware state need.

62 Del. Laws, c. 301, §  3;  76 Del. Laws, c. 221, §  1;  80 Del. Laws, c. 260, §  1;  84 Del. Laws, c. 66, § 2; 

(a) The Joint Legislative Oversight and Sunset Committee is composed of 5 members of the Senate appointed by the President Pro Tempore and 5 members of the House of Representatives appointed by the Speaker of the House of Representatives.

(1) Not more than 3 Senate appointees, nor 3 House appointees, may belong to the same political party.

(2) The committee chair and vice chair alternate each year between a Representative appointed by the Speaker of the House of Representatives and a Senator appointed by the President Pro Tempore of the Senate. During odd-numbered years, a Senator serves as chair and a Representative serves as vice chair; during even-numbered years, a Representative serves as chair and a Senator serves as vice chair.

(b) Committee members must be appointed in the first January of each General Assembly, or within 1 week of the organization of each respective house, whichever is later.

(c) Quorum. — (1) A quorum consists of at least 6 committee members. A quorum must be present in order to transact business, except that a quorum is not required if the only business the Committee is transacting is to hear an entity under review give a presentation.

(2) A proposition is carried by a majority of the entire Committee, unless a statute or rule requires a larger number of affirmative votes. A vacancy on the Committee is not counted to determine the number of members needed to achieve a majority.

(3) A member who participates in a meeting virtually rather than being physically present at the meeting is not counted toward quorum in determining whether the Committee may transact business. However, a member participating in a meeting virtually may vote as if the member were physically present at the meeting. This paragraph does not apply if the President Pro Tempore of the Senate and the Speaker of the House of Representatives issue a public notice that members of the Senate or House of Representatives or a legislative committee are authorized to convene and conduct a virtual meeting due to an emergency.

(d) A member of the Committee is entitled to reimbursement from the appropriate funds of the member’s house for the expenses that the member actually and necessarily incurs in performing the duties of the Committee. A request for reimbursement must be approved by the committee chair.

(e) A member of the Joint Finance Committee or Legislative Council may not serve on the Committee. However, this subsection does not apply when the minority party in either house has less than 7 members.

(f) Except as provided by Committee rules or § 10209(d) of this title, each committee hearing is open to the public, but only committee members and persons the chair designates are permitted to speak or otherwise participate.

62 Del. Laws, c. 301, §  3;  63 Del. Laws, c. 44, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 221, §  1;  80 Del. Laws, c. 260, §  1;  84 Del. Laws, c. 66, § 3; 

(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; 

(a) Employees of the Division of Legislative Services 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;  84 Del. Laws, c. 255, § 59; 

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; 

(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; 

(a) Self-report for full review. —

An entity under full review shall forward to committee staff a self-report that includes all of the following information:

(1) A chart or diagram showing the greater entity of which it is a part, if any, and each entity over which it has jurisdiction.

(2) Entity goals and objectives, and the statutory authority, if any, for the goals and objectives.

(3) Each entity program that has existed for at least 1 year immediately before the date of the self-report.

(4) The total value of state funds or materials, or both, that the entity used for each of the 5 fiscal years immediately before the date that the Committee selects the entity for review.

(5) A listing of each provision in the Delaware Code from which the entity derives its rights, duties, or functions.

(6) The last 5 budget reports or similar documents for the period immediately before the date of the self-report, relating to each program priority, activity, or accomplishment.

(7) A concise and specific statement describing the performance or achievement of the entity relating to the criteria for review under § 10211 of this title.

(8) Additional information that the Committee or its staff may request, including a record, document, or file over which the entity has custody or jurisdiction, if the additional information is available.

(9) Summary and results related to each past, upcoming, or ongoing audit of the entity, including each completed audit report from the 5 fiscal years immediately before the date of the self-report.

(10) Each annual report the entity has published during the 5 fiscal years immediately before the self-report.

(b) Self-report for focused review. —

Subject to paragraph (f)(2) of this section, an entity under focused review shall forward to committee staff a self-report that includes the information under subsection (a) of this section that the staff requests of the entity.

(c) Date self-report is due. —

An entity under full review or focused review shall submit a self-report to committee staff not later than the date the staff establishes based on the Committee’s needs.

(d) Updates to self-report. —

An entity under full review or focused review shall provide committee staff with updates, if any, to the information required under this section throughout the review.

(e) The full review or focused review process continues regardless of an entity’s cooperation with the review.

(f) Committee staff duties relating to self-report. —

Committee staff shall do all of the following:

(1) Provide an entity under full review or focused review a template for the self-report, instructions for completing the self-report, and a date by which the self-report is due.

(2) Based on the scope of a focused review, as determined under § 10212(b)(3) of this title, committee staff shall determine which of the categories of information listed under subsection (a) of this section are appropriate for the focused review and include only those categories in the template staff provides an entity under paragraph (f)(1) of this section.

(3) Make the self-report available to the public after committee staff reviews the self-report for completeness and, if appropriate, provides the entity an opportunity to submit additional information, but not later than the date of the Committee’s initial public hearing relating to the entity.

62 Del. Laws, c. 301, §  3;  76 Del. Laws, c. 221, §  1;  80 Del. Laws, c. 260, §  1;  82 Del. Laws, c. 132, § 2;  84 Del. Laws, c. 66, § 7; 

(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; 

(a) The purpose of a full review is to evaluate an entity and its statues, policies, rules, regulations, and programs.

(b) Notice of hearing. —

Whenever possible, the Committee shall give 2 weeks’ notice to an entity under full review of a committee hearing related to that entity; however, lack of notice does not affect the lawfulness of a committee action or decision.

(c) Committee staff duties. —

To prepare the committee for a full review of an entity, committee staff shall do all of the following:

(1) Fulfill staff’s duties under § 10207(f) of this title, relating to the entity’s self-report.

(2) Conduct a thorough review of the information that the entity under review provides in its self-report under § 10207(a) of this title.

(3) Obtain, verify, and review each report, audit, or action taken by another entity or organization concerning the entity under review.

(4) Performance evaluation. —

Conduct a performance evaluation of the entity under review.

a. The purpose of a performance evaluation is to do all of the following:

1. Improve the entity’s accountability, effectiveness, and efficiency.

2. Determine how well the entity has served and is serving the public need.

b. A performance evaluation must be based on, at a minimum, all of the following:

1. Program effectiveness, including analysis of both of the following:

A. If the entity is a licensing entity, the extent to which the entity has permitted qualified applicants to be licensed.

B. The extent to which the entity has served the public need, using the criteria for review under § 10211 of this title.

2. Whether the entity has sufficient internal controls to achieve effective and efficient operations and provide a reliable reporting mechanism for internal and external use.

3. Whether the entity has complied with a law or another requirement that affects the entity’s performance, including the extent to which the entity has recommended statutory changes, and whether those changes directly benefit the public or primarily benefit the entity, or another entity or organization, and benefit the public only indirectly.

(5) Prepare a staff report.

a. Staff shall compile and produce a staff report. The staff report must include information that assists the Committee in conducting a thorough review of the entity and meet the Committee’s requirements under this section. The staff report must include at least all of the following:

1. Background information on the entity.

2. Staff’s analysis, conclusions, and recommendations arising from the staff’s independent research and information that the entity submits, including from the entity’s self-report.

3. The entity’s response, if any, to staff’s analysis, conclusions, and recommendations.

4. Additional research that the Committee may request.

b. After staff produces the staff report, staff shall provide the entity an opportunity to review and comment on the report before the submitting the report to the Committee or making the report available to the public.

c. After the Committee and the entity under review receive the staff report, staff shall make the report available to the public.

(d) Committee duties. —

To review an entity, the committee shall do all of the following:

(1) Conduct the review at a public hearing.

(2) Consider the staff report and additional information that the entity under review or committee staff may provide.

(3) Deliberate and consider recommendations in the staff report.

(4) Create additional recommendations that the Committee determines is necessary or appropriate.

(5) Review the implementation of recommendations, if any, contained in an annual report relating to a previous full review or focused review of the entity.

(6) Take testimony relating to the full review or focused review from additional persons at the request of a committee member and approval of the chair.

62 Del. Laws, c. 301, §  3;  76 Del. Laws, c. 221, §  1;  80 Del. Laws, c. 260, §  1;  82 Del. Laws, c. 132, § 3;  84 Del. Laws, c. 66, § 9; 

(a) (1) From January through March each year, unless the needs of the General Assembly require otherwise, the Committee shall convene an initial hearing for each entity under full review or focused review that the chair schedules, to provide an opportunity for the Committee to meet with the entity to discuss the analysis, conclusions, and recommendations in the entity’s staff report and otherwise fulfill the Committee’s duties under § 10209(d) of this title for a full review or § 10212 of this title for a focused review.

(2) Following the initial public hearing under paragraph (a)(1) of this section, the Committee may, at the call of the chair, hold additional hearings as needed to complete conducting the full review or focused review. The entity’s staff or highest administrative officer is not required to attend an additional hearing unless the chair requests their attendance.

(3) [Repealed.]

(4) To encourage participation by the general public, the Committee shall hold a public hearing in the early evening hours if the Committee determines that an evening meeting would better serve the full review or focused review, the entity under review, or the constituency that the entity serves.

(b) Highest administrative officer attendance at public hearings. —

The highest administrative officer of an entity under full review or focused review must be present at the initial public hearing relating to the review and at each additional public hearing for which the committee chair requests the officer’s presence.

(1) The committee chair may excuse the highest administrative officer from the initial public hearing at the request of the officer, at the recommendation of committee staff, or as the chair may determine is appropriate.

(2) The highest administrative officer may, with the chair’s approval, appoint a designee to meet the officer’s obligations under this subsection.

(3) The Committee may designate an individual other than the highest administrative officer to meet the officer’s obligations under this subsection.

(c) (1) Notwithstanding § 10203(f) of this title, at the initial public hearing held relating to an entity under full review or focused review, individuals in attendance, including members of the general public, representatives of the entity under review, and witnesses on behalf of either the entity or the general public, are entitled to be heard and to present evidence for the record.

(2) Testimony or written materials relating to a full review or focused review that a member of the general public offers may not be unreasonably refused, and the Committee must retain and consider the testimony or written materials during the review.

(3) Testimony or written materials relating to a full review or focused review that an entity or a witness on behalf of an entity, including an officer or another individual having a direct interest in the continued existence of the entity under review, must be accepted and the Committee must retain and consider the testimony or written materials during the review.

62 Del. Laws, c. 301, §  3;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 221, §  1;  80 Del. Laws, c. 260, §  1;  82 Del. Laws, c. 132, § 4;  84 Del. Laws, c. 66, § 10; 

(a) Standard. — (1) In conducting a full review of an entity, the Committee shall assess the entity based on each of the following:

a. Whether the entity is meeting a genuine Delaware state need.

b. Whether the entity should and can be strengthened or supported so that it can perform correctly to meet its purpose.

(2) The genuine public need for an entity under full review and whether the entity is satisfactorily meeting that need is not assumed. The entity has the burden of showing, through the criteria for review under subsection (b) of this section, that there is a genuine public need and that the entity is meeting that need.

(b) Criteria for review. —

The criteria to conduct a full review of an entity are as follows:

(1) The purpose of the act establishing the entity and the manner of the entity’s operation designed to achieve the purpose.

(2) Whether it can be independently established, apart from information supplied by the entity or persons having a direct interest in the continued existence of the entity, that the termination of the entity would be detrimental to the public health, safety, or welfare, and whether a possibility exists that the termination would be beneficial to the public health, safety, or welfare.

(3) An assessment of less restrictive or other methods of achieving the stated objectives of the act establishing the entity and if those other methods provide as much protection to the public.

(4) Whether a law establishes a clear mandate to the entity and whether the entity has complied with the mandate, if any, in the best interests of the general public.

(5) Whether another program, activity, or entity has the same or similar objectives, and, if so, a comparison of the costs and effectiveness of that program, activity, or entity, and the identification of a duplicate program, activity, or entity with that of the entity under review.

(6) Whether, in the 3 years before the entity’s full review, the entity has recommended to the General Assembly only statutory changes of primary benefit to the public, or if the recommended changes were primarily of benefit to the entity or the occupation, business, or institution which the entity serves or regulates.

(7) The efficiency with which the entity meets its statutory objectives.

(8) Whether applications and formal public complaints filed with the entity have been processed effectively and fairly.

(9) Whether the entity has issued professional or occupational licenses only to qualified applicants, and whether the entity has unfairly restricted access to a person wishing to engage in a regulated business, occupation, or profession.

(10) The extent to which the entity has encouraged participation by the public in making an entity rule, regulation, or decision, as opposed to participation solely by those the entity regulates, and the extent to which public participation has resulted in a rule, regulation, or decision compatible with the objectives of the entity.

(11) Whether the entity has operated in an open and accountable manner with public access to records and meetings, and whether there are safeguards against possible conflicts of interests.

(12) Whether an entity’s provision or rule relating to ethical conduct, if any, is in fact limited to ethical or moral conduct, or if the provision or rule contains primarily commercial prohibitions and restrictions relating to profits, advertising, or another business topic.

(13) The extent to which the entity has complied with Chapters 58, 100, and 101 of this title; § § 6506, 6512, and 6519 of this title; and Section 8 of Article XV of the Delaware Constitution, or with the requirements of a law which is a direct successor to any of those listed in this paragraph (b)(13).

(14) A claimed impact as a result of federal intervention or loss of federal funds if the entity is terminated, the impact of which must be fully substantiated.

(15) Additional criteria that the Committee determines is appropriate or necessary to complete the entity’s full review.

62 Del. Laws, c. 301, §  3;  76 Del. Laws, c. 221, §  1;  80 Del. Laws, c. 260, §  1;  84 Del. Laws, c. 66, § 11; 

(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; 

(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; 

(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 the Librarian of the Division of Legislative Services 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.

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;  84 Del. Laws, c. 255, § 60; 

(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; 

(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; 

(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; 

(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; 

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; 

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;