CHAPTER 179

FORMERLY SENATE BILL NO. 340

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO CREATE A NEW CHAPTER 99, TITLE 29, DELAWARE CODE, CREATING THE DELAWARE AMERICAN REVOLUTION BICENTENNIAL COMMISSION AND PROVIDING A SUPPLEMENTARY APPROPRIATION THEREFOR.

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

Section 1. Title 29, Delaware Code, is hereby amended by adding a new Chapter thereto to be designated as Chapter 99 to read as follows:

CHAPTER 99. DELAWARE AMERICAN REVOLUTION

BICENTENNIAL COMMISSION

§ 9901. Creation and membership

(a) There is created the Delaware American Revolution Bicentennial Commission composed of nine citizens of the State appointed by the Governor, to serve at his pleasure, one of whom shall be designated by the Governor as Chairman of the Commission.

(b) Members of the Commission shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Commission.

(c) The Commission may recommend additional persons to assist in its work and the Governor may appoint such persons, and any others he deems necessary, to serve as members of a Bicentennial Resource Committee.

§ 9902. Executive Director, other personnel; exemptions from merit system

(a) The Commission may engage an Executive Director to

devote his full time to the work of the Commission and the Commission may employ such additional full time or part time personnel as are required for the work of the Commission at such compensation as shall be set by the Commission.

(b) The Executive Director and such other personnel as may be employed by the Commission shall be exempt from the merit system as set forth in Title 29, Delaware Code, Chapter 59, and shall be subject to removal, with or without cause, by the Chairman of the Commission.

§ 9903. Powers and duties

(a) The Delaware American. Revolution Bicentennial Commission shall prepare and implement an overall program for commemorating the Bicentennial of the American Revolution in Delaware and plan, encourage, develop and coordinate observances and activities commemorating the historic events that preceded and are associated with the American Revolution.

(b) In preparing its plans and programs, the Commission shall consider any related plans and programs developed by the National American Revolution Bicentennial Commission, the bicentennial commissions, committees or organizations of other states and local and private groups, and it may designate representatives to serve on special committees, organizations, nonprofit corporations or other entities with representatives from such bodies to plan, develop and coordinate specific activities.

(c) In all planning, the Commission shall give emphasis to the ideas associated with the American Revolution and the achievement of independence by the United States which have been important to the development of the United States in world affairs and in mankind's quest for freedom and justice.

(d) To make and enter into any and all contracts, agreements or stipulations, and to retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract, consulting, research, technical and other services and facilities, whenever the same shall be deemed by the Chairman of the Commission necessary or desirable in the performance of the functions of the Commission and whenever funds shall be available for such purpose.

(e) The Commission shall have the authority to organize a nonprofit corporation to assist the Commission in the formulation and execution of its plans to commemorate the bicentennial of the American Revolution; to solicit and receive subscriptions, donations, and other funds from public and private sources for organizing and carrying on the undertaking; to negotiate with public or private organizations or persons on terms for approval or endorsement of bicentennial-related programs or projects; to acquire and hold by gift or otherwise, real and other property with full right to convey or dispose of the same in such manner and upon such terms as the corporation may determine, either absolutely or upon condition; to contract with and employ consultants or other agents; to adopt or enforce such bylaws, rules, and regulations as the corporation may, from time to time, deem advisable.

(f) The Commission shall, not later than March 31, 1972, submit to the Governor and the General Assembly a comprehensive report incorporating its specific recommendations for the commemoration of the American Revolution Bicentennial and related events. This report may recommend activities including, but not limited to:

(1) The production, publication and distribution of books, pamphlets, films and other educational materials on the history, culture and political thought of the period of the American Revolution;

(2) Bibliographical and documentary projects and publications;

(3) Conferences, convocations, lectures, seminars and other programs;

(4) The development of permanent memorials and exhibits, including mobile exhibits;

(5) Ceremonies and celebrations commemorating specific events;

(6) Programs and activities on the local, national and international significance of the American Revolution and its implications for present and future generations; and

(7) The issuance of commemorative medals, seals, automotive license plates and certificates of recognition.

(g) The report of the Commission shall include recommendations for the allocation of financial and administrative responsibility among the public and private authorities and organizations recommended for participation by the Commission. The report shall also include proposals for legislation and administrative action the Commission considers necessary to carry out its recommendations.

§ 9904. Cooperation

(a) In fulfilling its responsibilities, the Commission shall consult, cooperate with and seek advice from appropriate State departments and agencies, local public bodies, learned societies, and historical, patriotic, philanthropic, civic, professional and related organizations. Heads of State departments and agencies shall cooperate with the Commission in planning, encouraging, developing and coordinating appropriate commemorative activities.

(b) The Commission shall determine if there are sites within the State which are appropriate for preservation or development in commemoration of the American Revolution in a manner to ensure that fitting observances and exhibits may be held at the sites during the Bicentennial celebration.

(c) The officials of each State-supported school, college or university shall cooperate with the Commission, especially in the encouragement and coordination of scholarly works and presentations on the history, culture, and political thought of the American Revolution.

§ 9905. Miscellaneous

(a) The Commission may accept donations of money,

property or personal services.

(b) Property acquired by the Commission may be deposited for preservation with the Secretary of State.

(c) All money donated to the Commission or received in furtherance of contracts hereunder shall be deposited with the Secretary of Finance and shall be appropriated to the Commission. All expenditures of the Commission shall be by warrant of the Secretary of Finance on vouchers of the Chairman of the Commission or his designee.

§ 9906. Termination

The Commission is abolished on December 31, 1978.

§ 9907. Severability

If any provision of this Chapter, or of any rule, regulation or order thereunder of the application of such provision to any person or circumstances, shall be held invalid, the remainder of this Chapter and the application of such provisions of this Chapter or of such rule, regulation or order to persons or circumstances other than those to which it is held invalid, shall not be affected hereby.

§ 9908. Supremacy

All other laws or parts of laws now in effect inconsistent with the provisions of this chapter are hereby repealed, superseded, modified or amended so far as necessary to conform to and give full force and effect to the provisions of this Chapter.

Section 2. The sum of $33,500 is hereby appropriated to the Commission for the fiscal year ending June 30, 1972 for the purpose of implementing the provisions of this Act. Funds appropriated herein which remain unexpended or unencumbered as of June 30, 1972, shall revert to the General Fund.

Section 3. This is a supplementary appropriation, and funds herein appropriated shall be paid from monies in the General Fund not otherwise appropriated.

Approved July 1, 1971