CHAPTER 327

FORMERLY

HOUSE BILL NO. 818

AN ACT TO AMEND CHAPTER 5, TITLE 29, DELAWARE CODE, BY REVISING
CERTAIN SECTIONS RELATING TO THE PRESERVATION OF PUBLIC RECORDS.

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

Section 1. Amend Section 501, Title 29, Delaware Code by adding the following paragraphs:

"As used in this chapter, "record" means any document, book, photographic Image, electronic data recording, papery sound recording, or other material regardless of physical form or characteristics, made or received pursuant to the law or ordinance or in connection with the transaction of public business by any officer or employee of this State, or of a country, or an incorporated municipality.

As used in this chapter, "noncurrent record" shall be any record that is no longer in current use, and is unlikely to be further revised.

AU records of this State, or of any political subdivision thereof, except as otherwise provided by law, shall be considered to be noncurrent after sixty years from the date of their creation."

Section 2. Amend Section 507, Title 29, Delaware Code by striking the sentence, "These publications are to be retained for reference and research purposes." and adding at the end of Section 507, the following:

"The Department of State may preserve microfilm copies of any publications deposited for preservation, and may destroy the originals after certified microfilm copies have been made and preserved."

Section 3. Amend Section 523, Title 29, Delaware Code by striking the word "future" and adding the following paragraph:

"The State Architect shall not approve final payment for any construction project until permanent, archival-quality copies of the architectural and engineering drawings of the building have been deposited with the Department of State."

Section 4. Amend Section 534, Title 29, Delaware Code by striking subsection 527(d) in its entirety.

Section 5. Amend Section 527, Title 29, Delaware Code, by striking the second paragraph thereof and substituting in lieu thereof, the following:

"The Department of State may require that certain records shall be kept on permanent-durable paper. The Department may require the microfilming of records that are not produced on permanent-durable paper."

Approved July 8, 1980.