CHAPTER 253
FORMERLY
SENATE BILL NO. 434
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND TITLES 1, 10, 16 AND 29 OF THE DELAWARE CODE RELATING TO THE DISTRIBUTION OF THE DELAWARE LAW BOOKS AND ABOLISHING ALL REFERENCES IN THE DELAWARE CODE RELATING TO "LEGISLATIVE REFERENCE BUREAU".
Be it enacted by the General Assembly of the State of Delaware:
Section 1. Amend §108, Title 1, Delaware Code, by adding thereto a new subsection 10 which shall read as follows:
" (10) One set of the Code and supplements or parts thereof as may be needed by the Commissioner of Elections, Budget Director, Office of Personnel, State Planning Office, Insurance Commissioner, Board of Parole, Delaware Agency to Reduce Crime, State Fire Marshal, U.S. Attorney, U.S. Congressman, two U.S. Senators and to such other departments, divisions, agencies and commissions which are either created by executive order from the Governor's Office or by an act of the General Assembly and can show a need to the Director of the Division of Purchasing for a set of the Delaware Code and supplements or parts thereof."
Section 2. Amend §1962 (a) of Subchapter IV, Chapter 19, Title 10, Delaware Code, by striking the second sentence of said paragraph (a) beginning with the words, "He shall" and ending with the words "two copies each." and insert in lieu thereof a new sentence to read as follows:
"He shall also transmit one copy to each of the following: the Library of Congress, University of Delaware Library, Delaware State College Library, the Historical Society of Delaware, the Wilmington Institute Free Library, Legislative Council and to each public law library within this state, two copies each."
Section 3. Amend §2006, Chapter 20, Title 10, Delaware Code, by striking the words "Legislative Reference Bureau" as the same appears in the first sentence of said section and substitute in lieu thereof the words "Legislative Council".
Section 4. Amend §5111(j) of Chapter 51, Title 16, Delaware Code, by striking the words "Legislative Reference Bureau" as the same appears in said paragraph and substitute in lieu thereof the words "Legislative Council".
Section 5. Amend §707 of Chapter 7, Title 29, Delaware Code, by striking the words "Legislative Reference Bureau" wherever they appear in said section and substitute in lieu thereof the words "Legislative Council".
Section 6. Amend §708 of Chapter 7, Title 29, Delaware Code, by striking said section in its entirety.
Section 7. Amend §902 of Chapter 9, Title 29, Delaware Code, by striking the second sentence thereof beginning with the words "The original" and ending with the words "liability" and inserting in lieu thereof a new sentence to read as follows:
"The original of all bills and resolutions shall be produced in such a manner as approved by the Director of the Division of Historical and Cultural Affairs and the Director of Legislative Council or his. designee for permanency and legibility."
Section 8. Amend §905 (h) of Chapter 9, Title 29, Delaware Code, by striking said paragraph (h) in its entirety and substitute in lieu thereof a new paragraph (h) to read as follows:
"(h) The printing shall be done in accordance with contract made by the Director of Legislative Council or his designee and under the superintendence of the clerks of the respective houses. The Secretary of Senate and the Clerk of the House, as soon as their respective Journals have been printed and published, shall deliver the originals together with all communications, petitions and other related papers not otherwise provided for to the Director of Historical and Cultural Affairs for proper disposition thereof."
Section 9. Amend §907 of Chapter 9, Title 29, Delaware Code, by striking said section in its entirety and substitute in lieu thereof a new §907 to read as follows:
§907. Printing, distribution and Session Laws; typographical errors
The Director of Legislative Council or his designee shall as soon as practical after the adjournment of the General Assembly have accurately printed in volume form with an index thereto printed copies of all bills, resolutions, proclamations and executive orders of the Governor, votes of a public nature, memorials and other legislative and executive papers which are deemed to be of permanent interest. The Director shall carefully preserve the originals in the Division of Historical and Cultural Affairs. The printing of the Session Laws shall be done under contract made by the Director of the Legislative Council or his designee and in accordance with the specifications furnished by him. In the preparation of such Session Laws for printing, the Director of Legislative Council or his designee in conjunction with the Delaware Code Revisors may correct obvious typographical errors but if there is any doubt as to whether a typographical error exists, the Director of Legislative Council or his designee and the Delaware Code Revisors shall print the law as enacted without correction."
Section 10. Amend §908 of Chapter 9, Title 29, Delaware Code, by striking said section in its entirety and substitute a new §908 to read as follows:
§908. Publication of Private Acts
The Director of Legislative Council or his designee shall exclude from the publication of the session laws of this State all acts of a private nature, unless such acts contain a provision directing their publication."
Section 11. Amend §911 of Chapter 9, Title 29, Delaware Code, by striking said section in its entirety.
Section 12. Amend Chapter 11 of Title 29, Delaware Code, by redesignating all of the existing said Chapter 11 as Subchapter 1 and creating a new Subchapter 11 to read as follows:
"SUBCHAPTER 11. SESSION LAWS AND
LEGISLATIVE JOURNALS
§1120. Custody of Session Laws and Legislative Journals
The Director of Legislative Council or his designee shall receive and exercise control over all inventory of session laws and legislative journals for sale and distribution as provided by law.
§1121. Sale of Session Laws and Legislative Journals
The Director of the Legislative Council or his designee shall make available for sale all inventories of session laws and legislative journals in the State for such sum not less than the cost for preparation. All sums received from the sale of books shall become a part of the General Fund of this State. Sale of the Delaware Code and the Delaware. Code pocket parts shall be in accordance with §108 of Title 1, Delaware Code.
§1122. Distribution of Session Laws and Legislative Journals to State Agencies and Legislators
The Director of Legislative Council or his designee shall distribute gratis copies of the session laws and legislative journals in the inventory to such agencies and public officials of the State as show a need for them.
As soon as possible after publication, the Director shall distribute gratis, to each person who was a member of the General Assembly to which the books related a copy of the session laws enacted by that General Assembly and a copy of the journals of that session.
§1123. Free Distribution of Session Laws and Legislative Journals With Libraries
The Director of Legislative Council or his designee shall transmit a copy of the session laws and a copy of the Journal of each house as soon after the books are published as practical to each of the following: the Library of Congress, the Historical Society of Delaware, the Wilmington Institute Free Library and to public law libraries within the State, two copies each. No agency except a public law library shall be entitled to receive gratis more than one (1) copy of each book from the State, from whatever source received.
§1124. Exchanging Session Laws and Legislative Journals
The Director of Legislative Council or his designee in conjunction with the State Law Library in Kent County shall forward a copy of the session laws and the legislative journals published by or under the authority of the State of Delaware to each state, territory, or district of the United States, which exchanges its books with the State Law Library in Kent County and may exchange books with any province of Canada and foreign country that exchanges its books with the State Law Library in Kent County. In the event that any state, territory, district, province or country does not exchange session laws and legislative journals published by it or under its authority or does not exchange a book or set of books equivalent to sets of books published by the State of Delaware, then the Director may refuse to transmit to such state, territory, district, province or country such books of the State of Delaware as the Director of Legislative Council or his designee may also exchange books of the State for books of equal value received from other sources."
Section 13. Amend §1104 of Chapter 11, Title 29, Delaware Code, by adding thereto the following:
"(9) Prepared or cause to be prepared and drafted such bills, amendments, joint and concurrent resolutions, resolutions, memorials and revisions and substitutes thereto, which are proposed to be introduced into the General Assembly as may be requested by any member of the General Assembly and otherwise render assistance, aid, information, counsel and advise in the preparation and drafting of any such proposed legislation.
(10) Collect or call to be collected all available information relating to any matter which is the subject of proposed legislation by the General Assembly, to examine acts of any other state and to investigate all available sources of information.
(11) Answer any and all inquiries for bills, resolutions, committee reports and abstracts, excerpts or copies of laws of Delaware within the limits of available time and moneys and charging out-of-pocket expenses where such is determined appropriate for such abstracts, excerpts or copies.
(12) In general, act as a reference bureau for all matters relating or pertaining to legislative matters and subjects, whether enacted by this State or any other state or whether proposed by this or other states, at the request of any member of the General Assembly."
Section 14. Amend §1101 (b) of Chapter 11, Title 29, Delaware Code, by striking said paragraph (b) in its entirety.
Section 15. Amend Chapter 13, Title 29, Delaware Code, by striking said Chapter in its entirety.
Section 16. Amend §1501 of Chapter 15, Title 29, Delaware Code, by striking the words "the Director of the Legislative Reference Bureau" wherever they appear in said section and insert in lieu thereof "the Director of Legislative Council or his designee".
Section 17. Amend §1502 of Chapter 15, Title 29, Delaware Code, by striking the words "Legislative Reference Bureau" wherever they appear in said section and substitute in lieu thereof "Legislative Council".
Section 18. Amend §2504(b) of Chapter 25, Title 29, Delaware Code, by striking the second sentence thereof beginning with the words "The Legislative Reference Bureau" and ending with the words "Title 29" as the same appears in said paragraph (b).
Section 19. Amend §2504 of Chapter 25, Title 29, Delaware Code, by adding thereto a new subsection (I) to read as follows:
"(i) To draft or cause to be drafted such bills or amendments as may be requested by any State officer or any department, division, commission or other State agency and otherwise render assistance, aid, information, counsel and advise in the preparation and drafting of any such proposed legislation."
Section 20. The provisions of Section 9 of this Act shall not become effective until the commencement of the 128th General Assembly.
Approved February 5, 1974.