CHAPTER 182

AN ACT TO REPEAL 29 DELAWARE CODE CHAPTER 34, ENTITLED "NEW CASTLE HISTORIC BUILDINGS COMMISSION," AND TO AMEND SUBCHAPTER III OF 29 DELAWARE CODE CHAPTER 33, ENTITLED "PUBLIC ARCHIVES COMMISSION," TRANSFERRING THE PROPERTY, POWERS AND DUTIES OF THE NEW CASTLE HISTORIC BUILDINGS COMMISSION TO THE PUBLIC ARCHIVES COMMISSION.

PREAMBLE

Whereas, the Public Archives Commission is charged by law with the administration of historic sites and inasmuch as the New Castle Historic Buildings Commission, currently holding title to the State or Court House and other public buildings on the New Castle Market Square and the land upon which they are erected, has agreed by resolution formally adopted to transfer title and control of this historic site to the Public Archives Commission ; and

Whereas, the transfer of the property, powers and duties of the New Castle Historic Buildings Commission to the Public Archives Commission is in accordance with the program of the Goals Commission established by the Governor of the State of Delaware to consolidate state agencies wherever possible for greater efficiency of operation; Now, Therefore,

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each House concurring therein):

Section 1. The Public Archives Commission shall have charge of and is hereby vested with all those three certain tracts or parcels of land with the buildings thereon erected, bounded and described in the Act of June 13, 1772, being Chapter CCXII of Volume 1 Laws of Delaware, in the Preamble to said Act and in Sections 2 and 5 thereof, and also set out in the Act of March 31, 1913, being Chapter 219, Volume 27, Laws of Delaware, subject to the terms of outstanding leases heretofore made by proper authority. All the said land with the immunities, improvements, advantages, hereditaments and appurtenances, and the remainder and revision thereof, shall from and after the passage of this Act be vested in the Public Archives Commission, for the uses and purposes expressed and declared in this Subchapter.

Section 2. The Public Archives Commission, in addition to all powers conferred by law upon it with respect to historical buildings, sites and objects, shall have the following specific powers and authority in connection with the preservation, maintenance and operation of the historic site referred to in Section 1.

(a) To take and hold real and personal estate by deed, devise, bequest, gift, grant or otherwise, and to alien, lease, sell, transfer, and dispose of the same as occasion may require;

(b) To invest and reinvest in property, funds or securities for the benefit of the Commission and the historic site referred to in Section 1 any funds, securities or proceeds of sale received by the Commission for use in connection with said historic site, without regard to the technical rules governing the investment of trust funds by Trustees;

(c) To appoint a local committee to advise in the operation and supervision of the buildings and grounds of said historic site;

(d) To take and hold by grant from the State of Delaware real and personal estate upon such terms, conditions and limitations as may be expressed in such grant;

(e) To maintain a bank account or bank accounts at any banking institution located within the State of Delaware, and to make deposits in and withdrawals from the same;

(f) To accept from the Treasurer of the State of Delaware all moneys from appropriations made by the General Assembly to the Commission, to deposit the same in the Commission's bank account or accounts, and to expend them for the business of the Commission and for the purposes named in said appropriation ;

(g) To retain, invest, or expend for the benefit of the Commission and the historic site referred to in Section 1 all income, rents, or profits derived from property, estates, gifts or investments related to said historic site.

Section 3. All cash on hand or on deposit, investments and other assets of the New Castle Historic Buildings Commission shall be transferred and delivered, subject to all outstanding debts and obligations, to the Public Archives Commission to be used in connection with the preservation, maintenance and operation of the historic site referred to in Section 1.

Any donations made to the New Castle Historic Buildings Commission for specific purposes shall be transferred and delivered to the Public Archives Commission to be used for the purposes specified.

All appropriations made by the General Assembly to the New Castle Historic Buildings Commission for the current fiscal year shall be transferred and delivered to the Public Archives Commission to be used for the purposes named in said appropriations.

Section 4. Transfer and delivery to the Public Archives Commission of all assets of the New Castle Historic Buildings Commission referred to in Section 3 shall be accomplished upon the demand of the Public Archives Commission ; and certification of transfer and delivery of said assets shall be made by the New Castle Historic Buildings Commission to the Secretary of the State of Delaware within ten (10) days thereafter, whereupon the New Castle Historic Buildings Commission is abolished.

Section 5. All requests for appropriations made by the New Castle Historic Buildings Commission to the State of Delaware for the coming fiscal year are hereby adopted by the Public Archives Commission.

Section 6. Title 29, Delaware Code, Chapter 34, entitled "New Castle Historic Buildings Commission," is hereby repealed.

Approved December 27, 1967.