CHAPTER 318

FORMERLY

SENATE BILL NO. 268

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE HERITAGE COMMISSION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):

Section 1. Amend § 3201 (c), Title 29 of the Delaware Code by deleting it in its entirety and inserting in lieu thereof the following:

“(c) The Director of the Division of Historical and Cultural Affairs and the Director of the Delaware Public Archives shall serve as ex officio, nonvoting members of the Commission; and the Commission is authorized to enter into ex officio nonvoting representation from other agencies of government and from nonprofit organizations as the Commission may deem appropriate.”

Section 2. Amend § 3202, Title 29 of the Delaware Code by deleting it in its entirety and inserting in lieu thereof the following:

Ҥ 3202. Delaware Heritage Office; personnel thereof; exemption of executive director from merit system.

(a) There is hereby established the Delaware Heritage Office of the Delaware Public Archives.

(b) The Delaware Heritage Office shall be headed by an Executive Director, who shall be a person qualified by education and experience to perform the duties of the position. The Executive Director shall be exempt from the State Merit System and shall be appointed by the Secretary of State upon the recommendation of the Director of the Public Archives in consultation with the Commission. The Executive Director shall be subject to removal, with or without cause, by the Secretary of State after consultation with the Commission and the Director of the Public Archives.

(c) The Delaware Heritage Office may employ such other personnel as the Secretary of State, in consultation with the Director of the Public Archives and the Commission, shall determine to be necessary to perform the work of the said Office. Such additional personnel shall be State Merit System employees and shall by hired through the Merit System employment process. The Office shall be under the administrative authority of the Director of the Public Archives and shall assist the Commission in carrying out its duties and functions as set forth in § 3203 of this Chapter”

Section 3. Amend § 3203, Title 29 of the Delaware Code by deleting subsection (d) thereof and renumbering subsections (e), (f) and (g) as “(d),” “(e)” and “(f),” respectively.

Section 4. Amend § 3205, Title 29 of the Delaware Code by deleting subsection (c) thereof in its entirety.

Section 5. Any existing exempt employee or employees of the Delaware Heritage Commission shall become regular State Merit System employees of the Delaware Public Archives, with the exception of the Executive Director, if any, who shall remain an exempt employee.

Approved July 9, 2008