CHAPTER 92 - PUBLIC ARCHIVES COMMISSION

AN ACT TO AMEND CHAPTER 36 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO THE 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 Delaware, 1935, be and the same is hereby amended by adding a new paragraph at the end of 1090. Sec. 7, of said Chapter 36, to be known as 1090A. Sec. 7A:, as follows:

1090A. Sec. 7A. No officer of any court, department, board, commission, or agency of the State of Delaware or of any county or incorporated municipality therein, shall destroy, sell or otherwise dispose of any public record or printed public document, or official correspondence in his care or custody or under his control, or which are no longer in current use without first having advised the Public Archives Commission of their nature, and obtained its written consent. Nothing herein contained shall be construed to allow or permit the destruction or sale of any court, departmental, board, commission or agency minutes, maps, plans or papers having to do with legal titles.

In construing the provisions of this Act and other statutes appertaining thereto, the words "public records" shall mean any written or printed book, document, or paper, map or plan, which is the property of any court, department, board, commission or agency of the State of Delaware or of any county or incorporated municipality therein, and in or on which any entry has been made or is required to be made by law, or which any officer or employee of the State of Delaware or of a county or an incorporated municipality has received or is required to receive for recording or filing.

Whoever shall violate any of the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than One Hundred ($100.00) Dollars nor more than Five Hundred ($500.00) Dollars.

All Acts or parts of Acts inconsistent with the provisions of this Act be and the same are hereby repealed to the extent of such inconsistencies only.

Approved May 11, 1937.