CHAPTER 91

FORMERLY

SENATE BILL NO. 108

AN ACT TO AMEND TITLE 9, TITLE 12, TITLE 15 AND TITLE 29 OF THE DELAWARE CODE RELATING TO DELAWARE PUBLIC ARCHIVES AND PUBLIC RECORDS.

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

Section 1. Amend § 9615, Title 9, Delaware Code by deleting the title of this section in its entirety and inserting in lieu thereof the following: “Delivery of records to Delaware Public Archives; photocopies; evidence.”

Section 2. Amend § 9615 (a), Title 9, Delaware Code by deleting the words “Public Archives Commission” and inserting in lieu thereof the words and punctuation “Delaware Public Archives,” and inserting the words and punctuation “and Records Administrator,” after the words “State Archivist”.

Section 3. Amend § 9615 (b), Title 9, Delaware Code by deleting the subsection in its entirety and inserting in lieu thereof the following:

“(b) Within a reasonable time after any such volume or record has been delivered to the Delaware Public Archives, the State Archivist and Records Administrator shall make a photocopy of its contents and shall certify that such contents are complete and correct, and such certificate shall be included in such photocopy. Such photocopy shall be delivered to the recorder from which the original volume was received. The recorder may issue certified copies of any records photocopied under the provisions of this section. Any such certified copy shall be admissible as evidence in any court of justice in the same manner and entitled to the same weight and have the same effect as certified copies made from the original volume.”

Section 4. Amend § 9615 (c), Title 9, Delaware Code by deleting the section in its entirety and inserting in lieu thereof the following:

“(c) The Recorder of Deeds, in and for New Castle County, upon approval of the Resident Associate Judge of the Superior Court, in and for New Castle County, may photocopy or microfilm any volume of land records in his official custody, the age and condition of which render its continued use by the public inadvisable. The Recorder of Deeds shall certify that the contents of such copies are complete and correct. When so copied and certified, the Recorder of Deeds may issue certified copies of any instrument contained in the copy of the original volume, and any such certified copy shall be admissible in evidence in any court of justice in the same manner and entitled to the same weight and have the same effect as certified copies made from the original volume. Any original volumes of land records so copied and certified by the Recorder of Deeds may be delivered to the Delaware Public Archives with the consent of the State Archivist and Records Administrator for preservation in the public archives of the State. The Recorder of Deeds shall certify to the State Archivist and Records Administrator that the copying of the original volume or volumes was done under his authorization and supervision, that it meets standards for methods and materials established by the Delaware Public Archives under the provisions of §517 of Title 29, and he shall take receipt for the same and the receipt shall be preserved in the office of Recorder of Deeds, in and for New Castle County.”

Section 5. Amend § 9615 (d), Title 9, Delaware Code, by deleting the subsection in its entirety and inserting in lieu thereof the following:

“ The Recorder of Deeds, in and for Sussex County, upon advice and approval of the Resident Associate Judge of the Superior Court in and for Sussex County, may photocopy or microfilm any volume of land records in his official custody, the age and condition of which render its continued use by the public inadvisable. Such copy or microfilm shall be indexed and stored as provided for in § 9605(e) of this title. The Recorder of Deeds shall certify that the contents of such copies are complete and correct. When so copied and certified, the Recorder of Deeds may issue certified copies of any instrument contained in the copy of the original volume, and any such certified copy shall be admissible in evidence in any court of justice in the same manner and entitled to the same weight and have the same effect as certified copies made from the original volumes. Any original volume of land records so copied and certified by the Recorder of Deeds may be delivered to the Delaware Public Archives with the consent of the State Archivist and Records Administrator for preservation in the public archives of the State. The Recorder of Deeds shall certify to the State Archivist and Records Administrator that the copying of the original volume or volumes was done under his authorization and supervision, that it meets standards for methods and materials established by the Delaware Public Archives under the provisions of §517 of Title 29, and he shall take a receipt for the same and the receipt shall be preserved in the office of Recorder of Deeds.”

Section 6. Amend the title of § 2509, Title 12, Delaware Code by deleting the word “photostats” and inserting in lieu thereof the word “photocopies”.

Section 7. Amend §2509 (a), Title 12, Delaware Code by deleting the words “Division of Archives and Cultural Affairs of the Department of State” and inserting in lieu thereof the wordsDelaware Public Archives”, deleting the word “aging” and inserting in lieu thereof “age and” and deleting the word “the” after the words “Register shall take” and inserting in lieu thereof “a”.

Section 8. Amend § 2509 (b), Title 12, Delaware Code by deleting the section in its entirety and inserting in lieu thereof the following:

“(b) Within a reasonable time after any such volume or record has been delivered to the Delaware Public Archives, the State Archivist and Records Administrator shall make a photocopy of its contents and shall certify that such contents are complete and correct, and such certificate shall be included in such photocopy. Such photocopy shall be delivered to the Register of Wills from whom the original volume was received, and the Register may issue certified copies of any records photocopied under the provisions of this section, and any such certified copy shall be admissible as evidence in any judicial or administrative proceeding in the same manner and entitled to the same weight and have the same effect as certified copies made from the original volume.”

Section 9. Amend §7717 Title 15, Delaware Code, second paragraph by deleting the word “State” and inserting in lieu thereof the words “Delaware Public” after the words “convention in the” and deleting the word “State” after the words “deposited in the” and inserting in lieu thereof “Delaware Public” in the last sentence.

Section 10. Amend § 306, Title 29, Delaware Code by deleting the words “Public Records Commission of the State, Hall of Records” and inserting in lieu thereof “Delaware Public Archives”.

Section 11. Amend § 501 (c), Title 29, Delaware Code by deleting the subsection in its entirety and inserting in lieu thereof the following:

“(c) The Delaware Public Archives is established as a division within the Department of State and is charged with administering, implementing, and enforcing all provisions of the Delaware Public Records Law as defined in this subchapter.

(d) The Delaware Public Archives shall be the official repository for the archival records of this State and all political subdivisions thereof.

(e) This subchapter may be cited as the ‘Delaware Public Records Law.’”

Section 12. Amend § 502 of Title 29 of the Delaware Code by deleting the section in its entirety and inserting in lieu thereof the following:

“As used in this subchapter, the following terms shall have the meanings indicated:

(1) ‘Public record’ means any document, book, photographic image, electronic data recording, paper, sound recording or other material regardless of physical form or characteristics, including electronic records created or maintained in electronic information systems, made, used, produced, composed, drafted or otherwise compiled or collected or received in connection with the transaction of public business or in any way related to public purposes by any officer or employee of this State or any political subdivision thereof.

(2) ‘Electronic record’ means a public record that is stored, generated, received or communicated by electronic means for use by, or storage in, an information system or for transmission from one information system to another.

(3) ‘Political subdivision’ includes counties, cities, towns, districts, authorities and other public corporations and entities whether mandated by the Constitution or formed by an act of the General Assembly.

(4) ‘Local government’ means any county, city, town, municipality or other government, created by an act of the General Assembly, that is not a state agency, department, board or commission.

(5) ‘Governing body’ means the county council, levy court, city or town council, board or commission or other body authorized by law to govern the affairs of local government.

(6) ‘Agency’ means any office, department, board, commission or other separate unit of government of this State, including all branches of government: Executive, legislative and judicial.

(7) ‘Records retention and disposition schedule’ means a list or other instrument describing records and their minimum retention periods which is issued by the Delaware Public Archives.

(8) ‘Records officer’ means any person or persons designated according to the provisions of this chapter, whose responsibilities include the development and oversight of agency or local government records management programs.

(9) ‘Archival record’ means those records that contain significant information about the past or present or provide significant evidence of the organization, policies, procedures, decisions and essential transactions of public business and are therefore worthy of long-term preservation and systematic management for historical and other research.

(10) ‘Vital records’ means those records which contain information required for government to continue functioning during a disaster, protect the rights of Delaware citizens and document the obligations of Delaware government, and reestablish operations after a calamity has ended.

(11) ‘Custodian of public records’ means the person designated, pursuant to §520 of this title, or who is otherwise responsible for the creation or maintenance of public records.”

Section 13. Amend the title of §503, Title 29, Delaware Code by deleting the words

“Department of State” and inserting in lieu thereof “Delaware Public Archives”.

Section 14. Amend §503 (a), Title 29, Delaware Code by deleting the words and punctuation “Department of State, also referred in this subchapter as the ‘Department,’ through the State Archives and Records Program,” and inserting in lieu thereof “Delaware Public Archives”.

Section 15. Amend §503 (b), Title 29, Delaware Code by deleting the word “Department” and inserting in lieu thereof “Delaware Public Archives”.

Section 16. Amend §503 (b) (3), Title 29, Delaware Code by deleting the word “State” and inserting in lieu thereof “Delaware Public” before the word “Archives” and deleting the word “Department” in the second sentence and inserting in lieu thereof “Delaware Public Archives”.

Section 17. Amend §503 (b) (5), Title 29, Delaware Code by inserting the words “and document imaging” before the word “program”.

Section 18. Amend § 503 (b) (8), Title 29, Delaware Code by deleting the words and punctuation “,following consultation with state agencies, the political subdivisions of this State, and state and local records commissions,”.

Section 19. Amend § 503 (b), Title 29, Delaware Code by inserting the following:

“(9) Adopt a seal of office for the purpose of certifying copies of public records.”

Section 20. Amend §504 (a) (3), Title 29, Delaware Code by deleting the word “Department, state and local records commissions” and inserting in lieu thereof the words “Delaware Public Archives”.

Section 21. Amend §504 (b), Title 29, Delaware Code by deleting the words “or official correspondence” and deleting the words “Department of State” and inserting in lieu thereof the words “Delaware Public Archives”.

Section 22. Amend §505 (a), Title 29, Delaware Code by deleting the word “Department” and inserting in lieu thereof “Delaware Public Archives” and deleting the word “to” after the word “obtained” and inserting in lieu thereof “for”.

Section 23. Amend §506, Title 29, Delaware Code by deleting the words “Department of State” and inserting in lieu thereof “Delaware Public Archives”.

Section 24. Amend §507 (a), Title 29, Delaware Code by deleting the word “Department” and inserting in lieu thereof “Delaware Public Archives” and deleting the words “in the State Archives”.

Section 25. Amend §507 (b), Title 29, Delaware Code by deleting the words “Department of State” and inserting in lieu thereof “Delaware Public Archives”.

Section 26. Amend the title of §508, Title 29, Delaware Code by deleting the word “Department” and inserting in lieu thereof the words “the Delaware Public Archives”.

Section 27. Amend §508, Title 29, Delaware Code by deleting the words “Department of State” and inserting in lieu thereof “Delaware Public Archives”, deleting the words “in the State Archives” and deleting the word “Department” and inserting in lieu thereof the words “Delaware Public Archives” and deleting the word “to” after the word “received” and inserting in lieu thereof the word “into”.

Section 28. Amend the title of §509, Title 29, Delaware Code by deleting the words “Department of State” and inserting in lieu thereof the words “the Delaware Public Archives” and inserting the words “duplicating or” before the words “repairing records”.

Section 29. Amend § 509, Title 29, Delaware Code by deleting the words “Department of State and inserting in lieu thereof the words “Delaware Public Archives” and inserting the word and punctuation “duplication,” before the word “repair”.

Section 30. Amend §510 (a), Title 29, Delaware Code by deleting the words “Department of State” and inserting in lieu thereof the words “Delaware Public Archives”.

Section 31. Amend §510 (b), Title 29, Delaware Code by deleting the words “Department of State” and inserting in lieu thereof the words “Delaware Public Archives”.

Section 32. Amend the title of §511, Title 29, Delaware Code by deleting the word “Department” and inserting in lieu thereof the words “Delaware Public Archives”.

Section 33. Amend §511, Title 29, Delaware Code, by deleting the section in its entirety and inserting in lieu thereof the following:

“(a) The Delaware Public Archives may issues certified copies of any public records in its custody, as provided by §10003 of this title, subject to the restrictions listed in §10002 of this title, which certified copies shall be admissible in evidence in any court of justice or administrative hearing in the same manner and entitled to the same weight and have the same effect as certified copies made by the official from whose office such records were received.

(b) The State Archivist and Records Administrator, or in his or her absence the Deputy State Archivist, may certify copies of any public records in the custody of the Delaware Public Archives under seal of the Delaware Public Archives.”

Section 34. Amend the title of §512, Title 29, Delaware Code by deleting the word “State Archives” and inserting in lieu thereof the words “the Delaware Public Archives”.

Section 35. Amend §512 (a), Title 29, Delaware Code by deleting the first sentence in its entirety, inserting the wordsof public records in the custody of any public official of this State or the political subdivisions thereof” after the words “Selection and transfer” and deleting the words “the Department’s” after the words “conditions established in”.

Section 36. Amend §512 (b), Title 29, Delaware Code by deleting the word “Department” and inserting in lieu thereof the words “Delaware Public Archives”.

Section 37. Amend the title of §513, Title 29, Delaware Code by deleting the words and punctuation “; access by federal employees”.

Section 38. Amend § 513 (a), Title 29, Delaware Code by deleting the word “Department” and inserting in lieu thereof the words “Delaware Public Archives” and deleting the second sentence in its entirety.

Section 39. Amend §513 (b), Title 29, Delaware Code by deleting the section in its entirety.

Section 40. Amend the title of §514, Title 29, Delaware Code by deleting the words “by Department” and inserting the words “by the Delaware Public Archives” after the words “public records”.

Section 41. Amend §514, Title 29, Delaware Code by deleting the word “Department” and inserting in lieu thereof the words “State Archivist and Records Administrator,” deleting the words “to it” after the word “afford” and inserting in lieu thereof the words “to the State Archivist and Records Administrator or Delaware Public Archives staff designated by the Archivist.”

Section 42. Amend the title of §515, Title 29, Delaware Code by inserting the words “and other document imaging” after the word “Microfilming”.

Section 43. Amend §515 (a), Title 29, Delaware Code by deleting the section in its entirety and inserting in lieu thereof the following:

“(a) Any program or function of any state agency or local government, which requires microfilm or other document imaging services, must include provisions for the anticipated cost of such services. Agencies may choose to contract with the Delaware Public Archives for microfilm and document imaging services in accordance with the provisions of § 6531 of this title.”

Section 44. Amend §515 (b), Title 29, Delaware Code by deleting the section in its entirety and inserting in lieu thereof the following:

“(b) The Department of Finance shall not approve expenditure of funds used for the development, implementation or maintenance of microfilm or document imaging programs, including contracting with a commercial service provider or purchase of equipment or software, without prior written approval of the Delaware Public Archives. Any programs or projects in operation must adhere to standards established by the Delaware Public Archives to allow for approval of expenditures.”

Section 45. Amend the title of §516, Title 29, Delaware Code by deleting the word“Department” and inserting in lieu thereof the words “the Delaware Public Archives”.

Section 46. Amend §516 (a), Title 29, Delaware Code by deleting the word “Department” and inserting the words “Delaware Public Archives”.

Section 47. Amend §516 (a) (1), Title 29, Delaware Code by deleting the word “Department” that appears two times in the sentence and inserting in lieu thereof the words “Delaware Public Archives”.

Section 48. Amend § 516 (a) (2), Title 29, Delaware Code by deleting the words “in this manner” and by deleting the words “Department of State” and inserting in lieu thereof the words “Delaware Public Archives.”

Section 49. Amend § 516 (b), Title 29, Delaware Code by deleting the word “microphotographs” and inserting in lieu thereof the word “microfilm” in the first sentence, deleting the word “microphotographed” and inserting in lieu thereof the word “microfilmed”, deleting the word “microphotographs” in the second sentence and inserting in lieu thereof the word “microfilm” and deleting the word “microphotographs” and inserting in lieu thereof the word “microfilm”.

Section 50. Amend §517 (a), Title 29, Delaware Code by deleting the words “required by law” and deleting the word “Department” and inserting in lieu thereof the words “Delaware Public Archives”.

Section 51. Amend §517 (b), Title 29, Delaware Code by deleting the words “Department of State” and inserting the words “Delaware Public Archives”, by deleting the word “Department” and inserting in lieu thereof the words “Delaware Public Archives”.

Section 52. Amend § 517 (c), Title 29, Delaware Code by deleting the word “Department” and inserting in lieu thereof the words “Delaware Public Archives”.

Section 53. Amend §518 (a), Title 29, Delaware Code by deleting the words “Department of State” and inserting in lieu thereof the words “Delaware Public Archives”, by deleting the word “Department” and inserting in lieu thereof the words “Delaware Public Archives”.

Section 54. Amend §518 (b), Title 29, Delaware Code by deleting the word “Department” and inserting in lieu thereof the words “State Archivist and Records Administrator” and inserting the words “or to the Delaware Public Archives” after the word “of origin”.

Section 55. Amend the title of §519, Title 29, Delaware Code by deleting the word “State” and inserting in lieu thereof the words “Delaware Public”.

Section 56. Amend §519 (a), Title 29, Delaware Code by deleting the word “State” and inserting in lieu thereof the words “Delaware Public” and deleting the word “State” and inserting in lieu thereof the words “Delaware Public”.

Section 57. Amend §519 (b), Title 29, Delaware Code by deleting the section in its entirety and inserting in lieu thereof the following:

“(b) The Delaware Public Archives shall have the authority to determine whether or not any of said publications lack sufficient information for retention as research materials, and it may request the publishing agency to discontinue depositing such publications with the Archives. The Delaware Public Archives may preserve copies of any publications deposited for preservation and may destroy the originals after copies created on a recording medium that meets the standards of quality for methods and materials established under §517 of this chapter have been made and preserved.”

Section 58. Amend §520, Title 29, Delaware Code by inserting a second sentence as follows: “However, upon transfer of any and all public records to the Delaware Public Archives for archival preservation, the State Archivist and Records Administrator shall become the designated custodian.”

Section 59. Amend §521 (a), Title 29, Delaware Code by deleting the words “State Archives and Records Program” and inserting in lieu thereof the words “Delaware Public Archives” and inserting the word “and” after the word and punctuation “program,” and before the word “coordinating”.

Section 60. Amend §522, Title 29, Delaware Code by deleting the title and section in its entirety and inserting in lieu thereof the following:

Ҥ522 Appointment of State Archivist and Records Administrator; qualifications for position; removal from office.

(a) The Secretary of State shall appoint with a fixed salary, and with written approval of the Governor, a director for the Delaware Public Archives who shall have the title (State Archivist and Records Administrator) who shall be qualified by training and experience to perform the duties of the office, and who may be removed from office by the Secretary with written approval of the Governor.

(b) The State Archivist and Records Administrator shall have such powers, duties and functions in the administration and operation of the Delaware Public Archives and implementation of the Delaware Public Records Law as may be assigned by the Secretary or required by the Delaware Public Records Law.”

Section 61. Amend §523 (a), Title 29, Delaware Code by inserting the words “ten- member” after the words “created a”, deleting the words “, and the head of the State Archives and Records Program, who shall serve as Secretary to the Commission” and inserting a new sentence “The Governor shall designate one member as Chairperson, and the State Archivist and Records Administrator shall serve as secretary to the Commission.”

Section 62. Amend § 523 (b), Title 29, Delaware Code by deleting the words “Department of State” and inserting in lieu thereof the words “Delaware Public Archives”.

Section 63. Amend §524, Title 29, Delaware Code by deleting the words “Department of State” and inserting in lieu thereof the words “Delaware Public Archives”, inserting the word “or” before the words “political subdivisions”, deleting the words “and state and local records commissions” and by deleting the last sentence and inserting in lieu thereof the following: “If any state or federal law or regulation provides a retention period different from that established by the records retention period and disposition schedule established herein, the retention period established by law or regulation shall govern.”

Section 64. Amend §525 (b), Title 29, Delaware Code by deleting the words “state archives and records” and inserting in lieu thereof the words “Delaware Public Archives”, inserting the words “and digital imaging” after the word “micrographics” and before the word “services” and deleting the word “State” after the words “custody of the” and inserting the words “Delaware Public”.

Section 65. Amend §525(c), Title 29, Delaware Code by deleting the word “Department” and inserting in lieu thereof the words “Delaware Public Archives,”.

Section 66. Amend §525 (d), Title 29, Delaware Code by deleting the word “Delaware” before the words “Local Records”, inserting the words “Delaware Public Archives and” after the words “adoption by the” and inserting the words “of State”after the words “Department”.

Section 67. Amend §526, Title 29, Delaware Code by deleting the section in its entirety and inserting in lieu thereof the following: “Whoever violates§504, §506, §507, §508, §509, §512, §514, §517 and §519 of this title shall be guilty of an unclassified misdemeanor and shall be fined not more than $500, or imprisoned not more than 3 months, or both.”

Section 68. Amend the title of §2307, Title 29, Delaware Code by deleting it in its entirety and inserting in lieu thereof the following:

§2307 Preservation of legislative records.

Section 69. Amend §2307, Title 29, Delaware Code by deleting the section in its entirety and inserting in lieu thereof the following:

“(a) The Delaware Public Archives shall sort, arrange, label and file, according to legislative session, all original bills, resolutions, committee reports and other legislative records, keeping the Senate records separate and distinct from those of the House.

(b) The Secretary of the Senate and the Clerk of the House shall, at the end of each session of the General Assembly, deliver to the Delaware Public Archives all the original bills, resolutions, petitions and other legislative records of the session to be labeled and preserved by the Delaware Public Archives.”

Section 70. Amend §2304, Title 29, Delaware Code by inserting the wordsthrough the Delaware Public Archives” after the words “Great Seal of the State, and” and inserting the word “archival” before the words “records and public”.

Section 71. Amend §556, Title 29, Delaware Code by deleting the section in its entirety.

Section 72. Amend §2317 (a), Title 29, Delaware Code by deleting the words “Secretary of State” and inserting in lieu thereof the words “Delaware Public Archives”.

Section 73. Amend §6420, Title 29, Delaware Code by deleting the section in its entirety.

Section 74. Amend §8705, Title 29, Delaware Code, by deleting the section in its entirety and inserting in lieu thereof the following:

“The Division of Historical and Cultural Affairs is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:

(1) The Department of State pursuant to subchapter II relating to Historical Buildings, Sites and Objects, and the State Museum pursuant to subchapter III of Chapter 5 of this title;

(2) The Lewes Memorial Commission pursuant to Chapter 49 of Title 7;

(3) The Delaware Day Commission pursuant to §602 of Title 1;

(4) The Portrait Commission pursuant to Chapter 6 of this title; and

(5) The Delaware Archaeological Board pursuant to Chapter 54 of Title 7.”

Section 75. Amend §8706, Title 29, Delaware Code, by inserting in lieu thereof the following:

“The Delaware Public Archives is established as a Division and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Delaware Public Records Law as described in subchapter 1 of Chapter 5 of this title.”

Section 76. Amend §8708 of Title 29 of the Delaware Code by deleting “and” following “Chief of Human Relations;”, inserting the words and punctuation “; and” following Historical and Cultural Affairs” and inserting the following:

“(9) State Archivist and Records Administrator.”

Section 77. Amend §8810 (g), Title 29, Delaware Code by deleting the words and punctuation “Chief of the Bureau of Archives and Records Management, Division of Historical and Cultural Affairs, Department of State” and inserting in lieu thereof “State Archivist and Records Administrator”.

Section 78. The sections of this act shall be effective July 1, 1999.

Approved June 29,1999