CHAPTER 105 - PUBLIC ARCHIVES COMMISSION

AN ACT TO AMEND CHAPTER 36 OF THE REVISED CODE OF THE STATE OF DELAWARE (1915) AS AMENDED RELATING TO PUBLIC ARCHIVES COMMISSION.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 36 of the Revised Code of the State of Delaware (1915) be and the same is hereby amended by striking out all of said Chapter, as amended, and inserting in lieu thereof the following:

972. Sec. 1. Creation of Public Archives Commission; Its Duties and Powers:--There shall be a Public Archives Commission whose duties shall consist of the care and preservation of all public records of historical value, seventy-five years old or more, of the State of Delaware or any political sub-division thereof, which are now in, or may hereafter come into, the possession of said Commission; and also for the preservation of all other public records of historical value which may remain in the custody of any public official of the State or any political sub-division thereof.

The Public Archives Commission is hereby empowered to select and transfer to the State Hall of Records such books, records, documents and papers, seventy-five years old or more, which it shall deem to be of an historical or public interest, and which now are, or shall hereafter be in the custody of any public official of the State or any political sub-division thereof.

973. Sec. 2. How Constituted; Compensation and Expenses:--The Public Archives Commission shall consist of six members, two of whom shall be residents of each County, and shall be appointed by the Governor for a term of four years. Members of the Commission shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties under this Act.

974. Sec. 3. Custodians of Public Records; Duties:--For the purpose of this Chapter all custodians of public records of the State or any political sub-division thereof shall, upon the request of the Public Archives Commission, afford to it all proper and reasonable access to and examination of all books, records, documents and papers of a public nature in their custody.

975. Sec. 4. Agents and Assistants:--The Public Archives Commission is authorized and empowered to employ such agents or assistants as it may deem necessary for the purpose of carrying out the duties imposed upon it by this Chapter.

976. Sec. 5. State Hall of Records; Use, Furnishing and Regulation:--The Public Archives Commission shall have the care and control of the State Hall of Records. All books, records, documents and papers of historical or public interest, the custody of which is given to said Commission, as in this Chapter provided, shall be kept in the said State Hall of Records and shall be classified and catalogued for reference. The said Commission is empowered to procure, from time to time, such filing cabinets and other furniture as, it may deem essential to carry out the provisions of this Chapter.

977. Sec. 6. Publications; Distribution and Sale Thereof:--The Public Archives Commission, from time to time as it may deem advisable, is empowered to publish any records, document and papers, or parts thereof, within its custody; or pamphlets, brochures and books pertaining to said records, documents and papers, or relating in general to the history of Delaware. Such publications may be distributed gratis in such numbers as the requirements of its exchange list with State, University, and other public libraries or historical societies may, in the discretion of said Commission, necessitate.

Copies of said publications may be sold by the said Commission to the general public for such price per copy as the Commission may determine, and the proceeds therefrom, accompanied by a detailed statement, shall be paid to the State Treasurer on or before June 30th of each year.

978. Sec. 7. Annual Report:--The Public Archives Commission shall make an annual report to the Governor on the first day of July each year, setting forth its activities for the next preceding year.

Section 2. The present members of the Public Archives Commission shall continue and remain in office until the expiration of the respective terms 'for which they were appointed.

Section 3. All acts or parts of acts inconsistent with this Act are hereby repealed.

Approved April 18, 1935.