CHAPTER 86

AN ACT TO AMEND CHAPTER 33, TITLE 29, DELAWARE CODE, RELATING TO THE PUBLIC ARCHIVES COMMISSION, ITS DUTIES AND THE TRANSFER OF RECORDS TO ITS CUSTODY.

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

Section 1. § 3301, Title 29, Delaware Code, is amended to read as follows:

§ 3301. Creation and general duties of Commission

There shall be a Public Archives Commission, hereafter in this chapter referred to as the "Commission" whose duties shall consist of the care and preservation of all non-current public records of historical value of this State or any political subdivision thereof, which are now in, or may hereafter come into, the possession of the Commission; and also for the preservation of all other public records by conducting a public records administration program for the transfer of semi-current records to records centers (subject to available space, staff, equipment and other facilities) and the operation of a centralized microfilming program, at the cost of materials, for the agencies of this State or any political subdivision thereof.

Section 2. § 3321, Title 29, Delaware Code, is amended by enacting a new § 3321 in lieu thereof to read as follows:

§ 3321. Transfer of records to Hall of Records and Record Centers; penalty for refusal

(a) The Commission may select and transfer to the Hall of Records such non-current books, records, manuscripts, documents, maps and papers which it deems to be of an historical or public interest, and which now are, or shall hereafter be, in the custody of any public official of this State or any political subdivision thereof.

The Commission may select and transfer to its records centers those semi-current records of this State or of a county or an incorporated municipality which qualify under the terms of the Commission's public records administration program.

The provisions of this subsection 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 § 9615 of Title 9.

(b) Whoever, being a public official, refuses to relinquish possession of public records as described in subsection (a) of this section that may be in his custody as such official shall be fined not less than $100 nor more than $500.

Approved June 24, 1959.