CHAPTER 301
FORMERLY
HOUSE BILL NO. 605
AS AMENDED BY HOUSE AMENDMENTS NOS . 1 AND 2
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PERIODIC REVIEW AND TERMINATION OF CERTAIN STATE AGENCIES; AND PROVIDING FOR A DELAWARE SUNSET ACT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Title 29 of the Delaware Code by striking the title of Part X, and substituting in lieu thereof the following:
"Part X. General Regulations for State Agencies"
Section 2. Amend Part VI, Title 29 of the Delaware Code by striking the words "And General Regulations For State Agencies" from the title of said Part VI; and by re-designating present Chapter 64 as new Chapter 101.
Section 3. Amend Part X, Title 29 of the Delaware Code by adding thereto a new chapter, designated as Chapter 102, which new chapter shall read as follows:
"CHAPTER 102. DELAWARE SUNSET ACT.
§10201. Declaration of Policy
(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 commissions, boards and other agencies. This review of agency performance and activities is consistent with other activities and goals of the General Assembly. The primary purpose of this review is to determine whether or not there is a genuine public need for the agency under review; and, if so, to determine whether or not the agency is correctly performing to meet that need.
(b) It is the purpose of this Act to provide an action-forcing mechanism designed to increase the accountability of various commissions, boards and agencies through increased legislative scrutiny of programs and agencies. It is the intent of the General Assembly to establish a timetable for the initial review of certain commissions, boards and other agencies; and ultimately to review all commissions, boards and agencies established by or receiving financial assistance from the State of Delaware. The action-forcing mechanism is to terminate the commissions, boards and agencies under review on certain dates, unless affirmatively re-established by law.
(c) It is not the purpose of this Act to terminate agencies which are sufficiently meeting a recognized State need, and which arc accountable to and responsive to the public interests. Rather, it is the purpose of this chapter to utilize the review mechanism to strengthen and support such agencies.
§10202. Definitions
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) 'Agency' shall mean any regulatory, administrative, advisory, executive or legislative body of this State including, but not limited to, any board, bureau, commission, department, committee, council, association, authority or any other entity established by an Act of the General Assembly of this State which:
(I) is given authority in the Delaware Code to regulate any business, occupation or profession;
(2) is supported in whole or in part by public funds;
(3) expends or disburses public funds; or
(4) is specifically charged by a public body to advise or make recommendations.
(b) 'Committee' or 'Sunset committee' shall mean the legislative committee established by this chapter.
(c) 'Performance evaluation' shall mean an evaluation of how well an agency has performed, and is performing its functions; and how well the agency is serving, and has served the public needs.
§10203. Delaware Sunset Committee
(a) The Delaware Sunset Committee shall be composed of five members of the Senate, appointed by the President tem ore; and five members of the House of
Representatives, appointed by the Speaker of the House. Not more than three members of the Senate appointees, nor three members of the House appointees, shall be of the same political party.
(b) Except as otherwise provided in this chapter, each member shall serve a term of four calendar years. The terms of the members shall be staggered in such manner as to insure that the terms of not less that two nor more than three members of either House shall expire at the same time.
(c) No member shall succeed himself on the Commission. The term of a person not re-elected shall automatically be concluded on the day after the time for contesting election results has passed. A member appointed to fill a vacancy shall not complete the former term, but shall begin an entirely new term.
(d) Subject to the provisions of this subsection, the members of the Committee shall elect a Chairman every two years from among their members. The chairmanship shall alternate between the Senate and the House of Representatives; provided however, that when the Chairman of the Joint Finance Committee and the Chairman of Legislative Council are both from the same House, the Chairman of this Committee shall be a member of the other House.
(e) In each General Assembly, all new members of the Committee shall be appointed within the month of January, or within one week of organization of each respective House, whichever is later. A quorum shall consist of at least five committee members.
(f) Each member of the Committee is entitled to reimbursement from the appropriate funds of that member's House for the expenses he actually and necessarily incurs in performing the duties of the Committee. Each request for reimbursement must be approved by the Chairman of the Committee.
(g) No person who is a member of the Joint Finance Committee or Legislative Council of Delaware shall serve on the Sunset Committee; provided however, this subsection shall not apply when the minority party in either House has less than seven members.
(h) Although all meetings of the Committee shall be open to the public, only members of the Committee and others designated by the Chairman shall be permitted to speak and otherwise participate.
§10204. Staff
The personnel of the Legislative Council of Delaware and the Office of Controller General shall serve as the permanent staff of the Committee. The Committee may, by majority vote, provide for such other assistance, equipment or expenditure as are within the limits of its budget. The General Assembly shall appropriate such funds as it deems are required by the Committee.
§10205. Rules and Regulations
The Committee shall adopt committee rules and regulations necessary to carry out provisions of this chapter. Such rules and regulations shall be permanent, although succeeding Sunset Committees may alter and amend any and all such rules and regulations.
§10208. Subpoena Powers
The Committee may issue process to witnesses at any place in this State and compel their attendance as well as the production of books, records, papers and other objects that may be necessary or proper for the purposes of the Committee's proceedings. The Committee may issue attachments when necessary to obtain compliance with subpoenas or other process, which may be addressed to and served by any peace officer in this State. The Chairman of the Committee shall issue, in the name of the Committee, the subpoenas that the majority of the Committee may direct.
In the event the Chairman is absent, the designee of the Chairman is authorized to issue subpoenas, or any other lawful process, in the same manner as is the Chairman. All testimony taken under subpoena shall be reduced to writing, and must be given under oath subject to the penalties of perjury.
§10207 Pre-Legislative Review
(a) Each agency, as a part of the requirements set forth in 56508 of this Title, or as is required by the annual Budget Appropriation Act from time to time, shall forward the following information in its annual report:
(1) a chart or diagram showing the greater department, division or agency of which it is a part; as well as any other commissions, boards or agencies over which it has jurisdiction.
(2) its goals and objectives and the statutory authority for same, if any.
(3) all programs in being at any time for the period of one year, up to the date of the Annual Report.
(4) the total value of State funds and/or materials utilized by the agency for each of the last five fiscal years.
(5) a listing of all Delaware Code provisions from which the agency derives its rights, duties and functions.
(b) Each agency being reviewed in accordance with the provisions of this chapter shall up-date the information required by this section, and shall include such current information in its Agency Report pursuant to 510208.
§10208. Agency Report to the Committee
Each year on or before January 15, each agency under review shall provide the Committee with:
(a) information specified in 510207 of this chapter;
(b) if subject to zero-based budgeting requirements, the last five budget
reports relating to all program priorities, activities and accomplishments;
(c) a statement setting forth the performance or achievement of the agency as determined by the criteria for review set forth in §10211. Such statement shall not address itself to any other subjects other than the criteria for review.
(d) any information requested at an earlier date by the Committee, if such information is available. Any other law or statute to the contrary notwithstanding, each agency under review shall upon request forward to the Committee, or permit a committee member or staff member to examine and duplicate any record, document or file over which the agency has any custody or jurisdiction.
§10209. Committee Responsibilities and Duties
The Committee may give 2 weeks' notice to an agency under review of dates scheduled for Committee meetings, public hearings, etc. but lack of such formal notice shall in no way affect the lawfulness of the Committee's activities or decisions. On or before February 7 prior to that year in which the agency is to be terminated, the Committee shall:
(a) conduct a thorough review of all information furnished in accordance with 510208 by each agency under review;
(b) obtain, verify and review any reports, audits or actions taken by other State agencies concerning the agency under review;
(c) conduct a performance evaluation of the agency based, at least in part on the following criteria:
(1) if a licensing agency, the extent to which the agency has permitted qualified applicants to serve;
(1) the extent to which the agency has operated in the public interests;
(2) the extent to which the agency has recommended statutory changes, and whether such changes directly benefit the public; or whether such changes primarily benefit the agency or other entities, and and are of only indirect benefit to the public.
(d) prepare a preliminary written report to, be utilized in public hearings, including any preliminary evalutions or recommendations arising from the Pre-Legislative Review under 510207 and 510208. This report shall be a public record.
§10210. Public Hearings
(a) Between February 1 and March 7 of each year, public hearings shall be regularly and uniformly convened by the Committee on a continuous basis, as determined by the Chairman. To encourage participation by the general public, such hearings shall be held occasionally in the early evening hours. The Committee may, on such basis as the Chairman shall determine, begin public hearings prior to February 1; provided however, that no hearings shall be held prior to February 1 if the pre-legislative review process set forth in 510207 through §10210 is incomplete.
(b) The highest administrative officer of the agency under review shall be present at each public hearing to answer any questions from members of the Commission, or members of the general public.
(c) At public hearings held in accordance with this chapter members of the general public, representatives of the agency under review and any witnesses on behalf of either the agency or the public shall be heard, and their evidence received. No proffered testimony or written statements by members of the general public shall be unreasonably refused, and such materials as are offered to the
Committee shall be retained and considered by the Committee in making its evaluation. Statements and/or written materials offered by the agency or by witnesses on behalf of the agency (including officers and others having a direct interest in the continued existence of the agency) shall be accepted, but such material shall not be deemed to have been offered by "members of the general public" for purposes of this section.
§10211. Criteria for Review
The genuine public need for the agency, and whether or not the agency is correctly performing to meet that need shall not be assumed; the agency shall have the burden of showing, through the Criteria for Review, that there is such a need and that the agency is meeting that need. The criteria are:
(a) The purpose of the Act establishing the agency, and the manner of operation of the agency designed to achieve such purpose;
(b) Whether or not it can be independently established, apart from information supplied by the agency or by persons having a direct interest in the continued existence of the agency, that the absence of the agency or its enabling legislation would be detrimental to the public health, safety or welfare; and whether or not there is a possibility that such absence would be beneficial to the public health, safety or welfare;
(c) An assessment of less restrictive or other alternative methods of achieving the stated objectives of the Act establishing the agency, and if such other methods would provide as much protection to public;
(d) Whether the statute establishes a clear mandate to the agency, and whether the agency has complied with such mandate, if any, in the best interests of the general public;
(e) Whether other programs, activities or agencies of the State government have the same or similar objectives; and, if so, a comparison of the costs and effectiveness of such agencies, programs or activities; and identification of any duplication with those of the agency under review;
(f) Whether, in the past three years the agency has recommended to the General Assembly only those statutory changes of primary benefit to the public; or if such changes were primarily of benefit to the agency or to the occupation, business or institution which it serves or regulates;
(a) The efficiency with which the agency meets its statutory objectives;
(b) Whether applications and formal public complaints filed with the agency have been processed effectively, and fairly;
(a) Whether the agency has permitted only qualified applicants for licenses to serve the public; and has not unduly restricted access to any person wishing to engage in a regulated business, occupation or profession;
(a) The extent to which the agency has encouraged participation by the public in making its rules and decisions, as opposed to participation solely by those it regulates; and the extent to which the public participation has resulted in rules compatible with the objectives of the agency;
(b) Whether or not the agency has operated in an open and accountable matter, with public access to records and meetings, and whether there are safeguards against possible conflicts of interest;
(1) Whether "ethical conduct" provisions or rules of an agency, if any, are in fact limited to ethical or moral conduct; or if such provisions contain primarily commercial prohibitions and restrictions relating to profits, advertising, etc.
(m) The extent to which the agency has been complying with Chapter 58A, Title 29 of the Delaware Code; Chapter 64, Title 29 of the Delaware Code; 56506, §6512 and 56519, Chapter 65, Title 29 of the Delaware Code; Chapter 100, Title 29 of the Delaware Code; and Section 8, Article XV of the State Constitution or with the requirements to any statute which is a direct successor to those listed in this subsection; and
(n) Any claimed impact in terms of federal intervention or loss of federal funds if the agency is terminated, which claim shall be fully substantiated.
§10212. Sunset Report
On or before April 15 of the calendar year in which an agency under review is automatically terminated in accordance with this chapter, the Committee shall present its final Report to the General Assembly and to the Governor. The final Report shall contain a complete description of the agency and its objectives, Including all sub-agencies or programs within the agency; a review of all material obtained pursuant to 510207 through 510211 of this chapter; a determination of whether or not there is a genuine public need for the agency, and whether or not the agency is appropriately meeting that need; recommendations of the Committee; and such further matters or information as the Committee may wish to include.
The final Report shall contain the Sunset Review Schedule of those agencies recommended for review during the fourth year after the Report. If the Report does not contain a recommended schedule, the Sunset Review Schedule for said fourth year shall be comprised of at least nine agencies including those agencies automatically scheduled for review, those added by the General Assembly, and such additional agencies as are needed to complete the schedule. The additional agencies shall be taken in order of their appearance in the Delaware Code, beginning with the first section of Title 1. In any year where the number of agencies placed on the up-coming fourth year schedule and those added by Act of the General Assembly are insufficient to complete a Sunset Review Schedule the schedule shall be completed by adding, starting with Title 1 and in the order in which they appear in the Delaware Code, those agencies which have not been reviewed.
§10213. Committee Recommendations
In its final report concerning a State agency, the Committee may recommend any or all of the following:
(a) Recommend the continuance of an agency, as is; termination of any agency; the termination of any program within the agency; the consolidation, merger or transfer of agencies or of functions from one agency to another; or the termination of the agency unless certain conditions are met or modifications made, by legislation or otherwise, within a specified period of time;
(b) Recommend budget appropriation limits for a State agency; and
(c) Recommend, in general or specific terms, such legislation it deems necessary to carry out its decision as to whether or not an agency should be continued or terminated.
§10214. Review Schedules for Certain Agencies
(a) When an agency has successfully completed a review under the provisions of this chapter or has been re-established It shall not be subject to review again until the sixth year following its last review, at the earliest, depending upon the decision of the Committee. The termination date in a review schedule shall cease to apply to an agency recommended for continuance.
(b) Every agency created by law enacted after the effective date of this chapter is subject to all provisions of this chapter, and to this section, except as otherwise expressly provided by the law creating the agency. A State agency
created by law after the effective date of this chapter shall automatically be placed on the appropriate Sunset Review Schedule for review during the fourth succeeding calendar year.
(c) Any agency which has been recommended for termination or reorganization, but which nevertheless is continued by legislative action or otherwise, shall be automatically placed on the review schedule to be again reviewed at the end of four calendar years from the date of its last previous scheduled review date. Each agency which is reorganized in accordance with the recommendation of the Committee shall be placed on the review schedule to be again reviewed at the end of four calendar years from the date of its last previous scheduled review date.
§10215. Continuation; Termination; Re-establishment
(a) In the event the Committee recommends the termination of an agency, and such agency is not re-established by an Act of the General Assembly, such agency is automatically terminated at the end of June 30 following the date of the Committee report. Where there is no recommendation or no report, the agency is automatically terminated on the date set forth in the review schedule.
(b) When an agency is terminated, each lesser included board, council or agency is also automatically terminated at the same time and under the same conditions, unless such lesser included agency is specifically exempted from termination by the Committee or by law enacted prior to June 30 immediately following.
(c) Where the Committee recommends the reorganization of a reviewed agency, or a merging of the agency with another agency, such reviewed agency shall nevertheless be terminated on the June 30 following the Committee report, unless prior to June 30 a bill is introduced setting forth a proposed reorganization or merger. If such bill is not enacted into law within seven months from the date of its introduction, the agency shall than be automatically terminated.
(d) Where the Committee recommends continuance of an agency, but only upon its meeting certain conditions or making certain modifications, the agency shall terminate six months from the date of the final Committee report (or the termination date recommended by the Committee, whichever is latest) unless such conditions have been met or modifications made to the satisfaction of the Committee.
(e) Any act to re-establish an agency recommended by the Committee for termination or reorganization shall relate only to that specific agency, and the name of the affected agency shall be set forth in the title of the Act.
§10216. Concluding Year for Terminated Agencies
(a) Upon the termination of an agency, it may continue in temporary existence until the end of the next succeeding calendar year, in order to properly conclude its business. Unless otherwise provided by law, termination shall not reduce or otherwise limit the power and authority of a terminated agency during such concluding year. Upon the expiration of the concluding year after termination all rights, powers and functions of the agency shall cease. Any unobligated or unexpended appropriations of an agency terminated under this chapter shall lapse at the end of the concluding year.
(b) All money in a dedicated fund of a terminated State agency shall, after the end of the concluding year, be immediately transferred to the General Fund of the State Treasury, unless otherwise provided for by law. Any law or portion of a law which dedicates money to a specific fund of a terminated agency shall become null and void at the end of the concluding year.
(c) If a terminated State agency is funded in the Budget Appropriation Act for each year of the General Assembly, the terminated agency shall have no authority to spend nor obligate any of such funds for any period after December 31 of the concluding year, unless specifically provided for by law.
(d) If the terminated agency is part of a larger department, division or agency all property and records in custody of the term innted agency shall be transferred to the next largest entity of which that agency was a part. If the terminated agency was itself the largest entity or was an independent agency, the property and records shall be transferred to the Secretary of State.
(e) If a terminated State agency has any outstanding bonded indebtedness remaining, the responsibility for the management of the re-payment of such bonded Indebtedness through the continuation of that agency's functions, limited merely to the re-payment function, shall be vested in the State Treasurer. Any claim by the agency and any claim against the agency shall continue, and shall not be terminated with the agency.
(f) All Delaware Code references to the terminated State agency shall be invalid upon expiration of that agency's concluding year, unless specifically retained.
§10217. Merit System Employees; Relocation
In the event the termination of an agency, program or activity results in unemployment for persons under the Merit System of Personnel Administration, each State employee so displaced shall receive first preference in all other State employment opportunities which arise thereafter for which he is qualified, and each such employee shall have the right of first refuse! until permanent employment is obtained.
Section 4. Within thirty days following enactment of this Act into law, those agencies set forth in the initial Sunset Review Schedule shall be notified concerning the types of information needed by the Committee, probable public hearing dates, and such other notification or information as the agency may need.
Section 5. In appointing the initial Sunset Committee members, the President pro tempore of the Senate shall appoint two members who shall each serve a term of one year, one member to serve a term of two years, one member to serve a term of three years, and one member to serve a term of four years; the Speaker of the House shall appoint one member to serve a term of one year, two members who shall each serve a term of two years, one member to serve a term of three years, and one member to serve a term of four years.
In the event this Act becomes effective less than eight months from the initial meeting of the General Assembly in 1981, the members of the Senate Administrative Services Committee, and the members of the House Administrative Services Committee, together with the original sponsors of this Act, shall constitute the original Sunset Committee. The prime sponsor of this Act shall be the chairman of the Committee. Notwithstanding any other provision (n this Act, when the Committee members of either 'louse are appointed, the membership provisions of this paragraph relating to both Houses shall cease to be effective.
Section 6. Sunset Review Schedules; review date
(Because the overwhelming majority of States agencies, especially regulatory agencies, are prefixed with the words "the State," the agencies listed in the schedule shall be listed without the prefixed words "the State").
(a) Unless continued, re-established or reorganized in accordance with the provisions of this Act, the following agencies shall terminate on July I, 1981:
(I) Athletic Commission (Chapter I, Title 28 of the Delaware Code) originally established in accordance with Chapter 84, Volume 37, Laws of Delaware;
(2) Board of Examiners for Barbers (Chapter 5, Title 24 of the Delaware Code) originally established in accordance with Chapter 152, Volume 53, Laws of Delaware;
(3) Board of Cosmetology (Chapter 6, Title 24 of the Delaware Code) originally established in accordance with Chapter 426, Volume 53, Laws of Delaware;
(4) Commission on Massage Establishments and Adult Book Stores (Chapter 16, Title 24 of the Delaware Code) originally established in accordance with Chapter 122, Volume 61, Laws of Delaware;
(5) Bingo Control Commission (Chapter 11, Title 28 of the Delaware Code) originally established in accordance with Chapter 65, Volume 51, Laws of Delaware;
(6) Delaware Racing Commission (Chapter 3, Title 28 of the Delaware Code) originally established in accordance with Chapter 303, Volume 45, Laws of Delaware;
(7) Delaware Harness Racing Commission (Chapter 5, Title 28 of the Delaware Code) originally established in accordance with Chapter 303, Volume 45, Laws of Delaware;
(8) Board of Funeral Service Practitioners (Chapter 31, Title 24 of the Delaware Code) originally established in accordance with Chapter 415, Volume
58, Laws of Delaware;
(9) Advisory Council on Hearing Aids (S2014, et seq., Title 16 of the Delaware Code) originally established in accordance with Chapter 209, Volume
59, Laws of Delaware.
(b) Unless continued, re-established or reorganized in accordance with the provisions of this Act, the following agencies shall terminate on July 1, 1982:
(1) Office of State Bank Commissioner (Chapter 1, Title 5 of the Delaware Code) originally established in accordance with Chapter III, Volume 30, Laws of Delaware;
(2) Board of Podiatry Examiners (Chapter 5, Title 24 of the Delaware Code) originally established in accordance with Chapter 66, Volume 33, Laws of Delaware;
(3) Division of Consumer Affairs (S8612, Chapter 86, Title 29 of the Delaware Code) originally established in accordance with Chapter 583, Volume 57, Laws of Delaware;
(4) Delaware Real Estate Commission (Chapter 29, Title 24 of the Delaware Code) originally established in accordance with Chapter 63, Volume 35, Laws of Delaware;
(5) Board of Veterinary Medicine (Chapter 33, Title 24 of the Delaware Code) originally established in accordance with Chapter 178, Volume 57, Laws of Delaware;
(6) Trustees of Delaware Standardbred Development Fund (Subsection V. Chapter 5, Title 28 of the Delaware Code) originally established in accordance with Chapter 156, Volume 56, Laws of Delaware;
(7) Board of Landscape Architecture (Chapter 2, Title 24 of the Delaware Code) originally established in accordance with Chapter 190, Volume 60, Laws of Delaware;
(8) Board of Examiners and Registration of Architects (Chapter 3, Title 24 of the Delaware Code) originally established in accordance with Chapter 60, Volume 38, Laws of Delaware;
(9) Board of Social Work Examiners (Chapter 37, Title 31 of the Delaware Code) originally established in accordance with Chapter 650, Volume 60, Laws of Delaware.
(c) Unless continued, re-established or reorganized in accordance with the provisions of this Act, the following agencies shall terminate on July 1, 1983:
(1) Board of Medical Practice (Chapter 17, Title 24 of the Delaware Code) originally established in accordance with Chapter 462, Volume 60, Laws of Delaware;
(2) Council of Delaware Association of Professional Engineers (Chapter 28, Title 24 of the Delaware Code) originally established in accordance with Chapter 501, Volume 58, Laws of Delaware;
(3) Examining Board of Physical Therapists (Chapter 26, Title 24 of the Delaware Code) originally established in accordance with Chapter 367, Volume 50, Laws of Delaware;
(4) the Insurance Department (Title 18 of the Delaware Code) originally established in accordance with Chapter 101, Volume 56, Laws of Delaware;
(5) Board of Electrical Examiners (Chapter 14, Title 24 of the Delaware Code) originally established in accordance with Chapter 423, Volume 55, Laws of Delaware;
(6) Division of Boiler Safety (S8210, Chapter 82, Title 29 of the Delaware Code) originally established in accordance with Chapter 68, Volume 30, Laws of Delaware;
(n Public Service Commission (Chapter 1, Title 26 of the Delaware Code) originally established in accordance with Chapter 254, Volume 47, Laws of Delaware;
(8) Board of Examiners for Nursing Home Administrators (Chapter 12, Title 16 of the Delaware Code) originally established In accordance with Chapter 507, Volume 57, Laws of Delaware;
(9) Board of Pilot Commissioners (Chapter 1, Title 23 of the Delaware Code) originally established in accordance with Chapter 449, Volume 16, Laws of Delaware;
(d) Unless continued, re-established or reorganized in accordance with the provisions of this Act, the following agencies shall terminate July 1, 1984:
(1) Board of Dental Examiners (Chapter 11, Title 24 of the Delaware Code) originally established in accordance with Chapter 496, Volume 17, Laws of Delaware;
(2) Board of Examiners of Speech Pathology and Audiology (Chapter 37, Title 24 of the Delaware Code) originally established in accordance with Chapter 206, Volume 59, Laws of Delaware;
(3) Board of Registration for Professional Land Surveyors (Chapter 27, Title 24 of the Delaware Code) originally established in accordance with Chapter 286, Volume 43, Laws of Delaware;
(4) Board of Nursing (Chapter 19, Title 24 of the Delaware Code) originally established in accordance with Chapter 153, Volume 54, Laws of Delaware;
(5) Board of Examiners of Psychologists (Chapter 35, Title 24 of the Delaware Code) originally established in accordance with Chapter 380, Volume 58, Laws of Delaware;
(6) Board of Accountancy (Chapter 1, Title 24 of the Delaware Code) originally established in accordance with Chapter 98, Volume 27, Laws of Delaware;
(7) Commissioner and Division of Securities (Chapter 73, Title 6 of the Delaware Code) originally established in accordance with Chapter 208, Volume 59, Laws of Delaware;
(8) State Human Relations Commission (Chapter 30, Title 31 of the Delaware Code) originally established in accordance with Chapter 261, Volume 53, Laws of Delaware;
(9) Board of Examiners in Optometry (Chapter 21, Title 24 of the Delaware Code) originally established in accordance with Chapter 113, Volume 25, Laws of Delaware.
Section 7. Amendments to Section 6 may be made at any time; provided however, no agency may be removed from the Sunset Review Schedule if the review is scheduled to begin in a year which begins less than twelve months from the time such removal is attempted. No removal or attempted removal shall be effective unless the agency removed is replaced by another agency.
Section 8. At the end of its second year of operation, the Sunset Committee shall examine its rate of review to determine whether or not there can be an increase in the number of agencies scheduled for review each year, and shall amend all subsequent Sunset Review Schedules accordingly.
Section 9. Except where an agency is scheduled for review within one year as set forth in Section 7 above, the General Assembly may add or replace any agency on a Sunset Review Schedule, and may add or replace a whole schedule or any portion of a schedule by concurrent resolution or by a substantially similar simple resolutions passed in each House. Where the resolutions passed by each House differ but both Houses recommend the addition of a particular agency, or a replacement of a specific agency by another specific agency, the Sunset Review Schedule shall be amended accordingly.
Section 10. In the event this Act becomes law after July 1, 1981, the agencies set forth in Section 6 (a) shall terminate on July 1, 1982; the agencies set forth in Section 6 (b) shall terminate on July 1, 1983; the agencies set forth in Section 6 (c) shall terminate on July 1, 1984; and the agencies set forth in Section 6 (d) shall terminate on July 1, 1985.
Section 11. In January of each year, the Legislative Council shall cause corrective legislation to be prepared which shall remove from the Delaware Code all references to those agencies which have been terminated during the previous legislative session, or since the previous January; provided however, certain references to terminated agencies may be retained if such retention is approved by the Director of Research.
Approved July 1, 1980.