CHAPTER 319

FORMERLY

SENATE BILL NO. 578

AN ACT TO AMEND CHAPTER 32, TITLE 29 OF THE DELAWARE CODE DISSOLVING THE DELAWARE AMERICAN REVOLUTION BICENTENNIAL COMMISSION AND CREATING A NEW DELAWARE HERITAGE COMMISSION.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Chapter 32, Title 29 of the Delaware Code is hereby repealed.

Section 2. Amend Title 29 of the Delaware Code by adding a new Chapter 32 thereto to read as follows:

"CHAPTER 32. DELAWARE HERITAGE COMMISSION '§3201. Creation and membership; termination

(a) There is created the Delaware Heritage Commission composed of 9 citizens of the State appointed by the Governor to serve at his pleasure, 1 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 appoint members of a Heritage Resources Committee to assist the Commission in its work. The Division of Historical and Cultural Affairs of the Department of State and the Department of Public Instruction may be represented by ex-officio, non-voting members, and the Commission is authorized to enter into ex-officio non-voting representation from other agencies of government and from nonprofit organizations as the Commission may deem appropriate.

(d) The Commission shall cease to exist on December 31, 1990.

§3202. 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 Chapter 59 of this title and shall be subject to removal, with or without cause, by the Chairman of the Commission.

§3203. Powers and duties

(a) The Commission shall plan, encourage, develop, coordinate, and implement observances and activities pertaining to (1) the achievement in Delaware of liberty and independence through a constitutional government, and (2) the significant historical events that occurred in Delaware or involved Delaware citizens during the years preceding and following the ratification and adoption of the Constitution of the United States.

(b) In carrying out its duties, the Commission shall consider any related plans and programs developed by national organizations, the organizations of other States, local and private groups, and the Commission may designate representatives to serve on special committees, organizations, nonprofit organizations 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) The Commission may make and enter into any and all contracts, agreements or stipulations and retain, employ and contract for the services of private and public consultants, research and technical personnel and 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 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 commission-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, no later than December 31st of each year, submit to the Governor and to the General Assembly an annual report of the Commission's activities and recommendations. Such activities and recommendations may include but are 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 this Nation and State;

(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 Democracy 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.

§3204. Cooperation

(a) In fulfilling its responsibilites 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 order to assure that fitting observances and exhibits may be held.

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

§3205. Donations; preservation of acquistions; expenditures

(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."

Section 3. Those persons serving as members of the Delaware American Revolution Bicentennial Commission at the time that this Act becomes effective shall be deemed to be members of the Commission created by this Act.

Section 4. The property of the Delaware American Revolution Bicentennial Commission at the time that this Act becomes effective shall be the property of the Delaware Heritage Commission created by this Act. The property of the nonprofit corporation organized by the Delaware American Revolution Bicentennial Commission prior to the time that this Act becomes effective shall remain the property of that nonprofit corporation or its successor, unless the Delaware Heritage Commission provides otherwise.

Approved June 8, 1978.