CHAPTER 134

ABOLISHING THE STATE LIBRARY

AN ACT TO AMEND THE DELAWARE CODE, BY ABOLISHING THE STATE LIBRARY AND TO AUTHORIZE THE TRANSFER OF MATERIAL, OFFICE EQUIPMENT AND SUPPLIES TO OTHER STATE AGENCIES, AND TO ABOLISH THE OFFICE OF STATE LIBRARIAN AND TRANSFER THE DUTIES CONNECTED THEREWITH.

WHEREAS, the State Library serves chiefly as a law library for the Judges in Kent County, and

WHEREAS, suitable space is to be made available for a law library in the Kent County Court House, and

WHEREAS, other State agencies exist which could make any non-legal material contained in the State Library available for the use of the public; NOW, THEREFORE

Be it enacted by the General Assembly of the State of Delaware:

Section 1. The State Library is abolished and Chapter 74, Title 14, Delaware Code, is repealed, provided, however, the said chapter shall continue in full force in so far as is necessary until the Supreme Court shall certify to the Secretary of State that Sections 2 and 3 hereof are complied with but for not more than one year after this Act becomes law.

Section 2. The Justices of the Supreme Court are authorized to dispose of the property located in the State Library as follows:

(1) Law Books: to the law library in Kent County located in the Kent County Court House to be under the control and supervision of the Judges of the Court of Chancery and of the Superior Court residing in Kent County.

(2) Material of historic interest: to the State Archivist, Dover, Delaware.

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(3) Administrative reports and other material received from other states: to the University of Delaware, Newark, Delaware:

(4) Novels, biographies and other general library material: to the State Library Commission, Dover, Delaware.

(5) Publications of the United States Government belonging to the United States: as may be agreed upon by the Justices and authorized representatives of the United States.

(6) State inventories of copies of Delaware Codes, pocket parts, session laws, legislative journals and State reports of Delaware cases: to the Legislative Reference Bureau for sale to the public under existing statutes.

The Justices shall have full authority to decide what material falls within each of the above categories.

Section 3. The law library in Kent County, the State Archivist, the University of Delaware and the State Library Commission are authorized and directed to receive on behalf of the State of Delaware such material as may be transferred to them respectively from the State Library under the authority of this Act, and in the absence of additional legislation as to the material transferred such agencies shall hold such material subject to the same laws as apply to other State property held by such agencies. The Legislative Reference Bureau is authorized and directed to receive on behalf of the State such material as may be transferred to it from the State Library under authority of this Act, and in the absence of additional legislation thereon shall hold and sell such material subject to the same laws as applied thereto prior to the transfer.

The Justices of the Supreme Court are also authorized to transfer the office equipment and supplies of the State Library to such State agencies listed in this section as the Justices believe will be most likely to need such equipment and supplies in connection with the books transferred.

Section 4. The term "State Librarian" wherever it appears in the Delaware Code, except in Chapter 74, Title 14, which chapter is repealed by this Act, is stricken out and repealed and the term "Legislative Reference Bureau" is substituted therefor. The purpose of this section is to transfer to the Legislative Reference Bureau any statutory duties which the State Librarian has in respect to Codes, pocket parts, session laws and reports of Delaware cases and in respect to procurement of supplies for the General Assembly.

Approved June 10, 1957.