CHAPTER 91 - PUBLIC ARCHIVES COMMISSION PRESERVATION OF PUBLIC RECORDS

AN ACT TO AMEND CHAPTER 36 OF THE REVISED CODE OF DELAWARE, 1935, ENTITLED "PUBLIC ARCHIVES COMMISSION", AS AMENDED, WITH REFERENCE TO THE PRESERVATION OF CERTAIN PUBLIC RECORDS BY 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, entitled "Public Archives Commission", as amended, be further amended by striking out all of 1084. Sec. 1. and inserting in lieu thereof a new 1084. Sec. 1., as follows:

1084. Sec. 1. Creation of Public Archives Commission; Its Duties and Powers; Penalty for Refusal to Surrender Public Records:--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, maps 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; provided, that the provisions of this paragraph shall not be construed to apply to deed record books in the offices of the Recorders of the Counties of this State, except that transfer of such deed records may be made under the provisions of 1563. Sec. 21. of Chapter 51 of the Revised Code of Delaware, 1935.

Any public official, as aforesaid, who shall refuse to relinquish possession of records as herein described and that may be in his custody as such official, to the Public Archives Commission or its proper representative, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).

Approved April 6, 1945.