Delaware General Assembly


CHAPTER 608

AN ACT AMENDING TITLES 7 AND 29 PROVIDING FOR OMNIBUS AMENDMENTS AND CORRECTIONS RELATING TO THE DEPARTMENT OF STATE AS PROVIDED IN TITLE 29, DELAWARE CODE, CHAPTER 87.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 33, Title 29, Delaware Code, is amended as follows:

A. § 3301 is amended as follows:

(1) By striking the section heading, "Creation and general duties of Commission" and inserting in lieu thereof a new section heading, "General duties of the Department of State".

(2) By striking the words, "There shall be a Public Archives Commission, hereafter in this chapter referred to as the "Commission", whose duties shall be: and inserting in lieu thereof the words "The Department of State, hereinafter referred to in this chapter as the 'Department', shall be responsible for".

B. §§ 3301, 3303, 3304, 3306, 3308, 3309, 3321, 3323, 3324, 3327, 3328, 3329, 3330, 3331, 3334, 3335, 3351, 3352, 3353, 3354, 3357, 3371 and 3373 are amended by striking the words "Commission" and "Public Archives Commission" wherever they appear and inserting in lieu thereof the words "Department" and "Department of State", respectively.

C. §§ 3302 and 3305 are repealed.

D. § 3307 is amended by striking the words "State Treasury" and inserting in lieu thereof the words "Secretary of Finance".

E. §§ 3309, 3324, 3325, 3328, 3331 and 3335 are amended by striking the words "State Archivist" wherever they appear and inserting in lieu thereof the words "Department of State".

F. § 3309 is further amended by striking from the second paragraph the word "he" and inserting in lieu thereof the word "it".

G. § 3322 is amended by striking the words "Public Archives, Commission." and inserting in lieu thereof the words "Department of State, provided, that such transfer is consistent with the provisions of any such termination.".

H. § 3324 is further amended by striking from the second sentence the word "his" and inserting in lieu thereof the word "its".

I. § 3328 (a) is further amended by striking the words, "subject to the rules, regulations and acts governing the Commission,".

J. § 3330 (b) is further amended by striking the words "State Treasurer" and inserting in lieu thereof the words "Secretary of Finance".

K. § 3354 is further amended as follows:

(1) By striking from the first paragraph the words "Budget Commission" and inserting in lieu thereof the words "Secretary of Finance".

(2) By striking from the third paragraph the words "State Treasurer" and inserting in lieu thereof the words "Secretary of Finance".

L. § 3356 is amended by striking said section in its entirety and inserting in lieu thereof a new section as follows:

§ 3356. Purchase of State papers

The sum of $500 is appropriated annually for the purchase of State papers by the Department of State, and the necessary expense of obtaining the same. Such purchases shall be approved by the Secretary of State, and the money shall be paid out of the State Treasury on the warrant of the Department, countersigned by the Secretary of Finance.

M. § 3371 is further amended by striking the word "division" and inserting in lieu thereof the word "museum".

Section 2. Chapter 49, Title 7, Delaware Code, is amended as follows:

A. §§ 4901 and 4904 (b) are repealed.

B. §§ 4902 and 4903 are amended by striking the word "Commission" wherever it appears and inserting in lieu thereof the words "Department of State".

C. § 4904 (a) is amended by striking the words "state treasurer" and inserting in lieu thereof the words "Secretary of Finance".

Section 3. Chapter 37, Title 29, Delaware Code, is amended as follows:

A. § 3701 is repealed.

B. § 3702 is amended by striking the words "Delaware Day Commission" and inserting in lieu thereof the words "Department of State".

Section 4. § 3501, Title 29, Delaware Code, is amended by striking said section in its entirety and inserting in lieu thereof a new section as follows:

§ 3501. Portraits

The Department of State shall continue to obtain by gift, portraits of the signers of the Declaration of Independence, Governors, United States Senators, Congressmen, Judges of Courts, Cabinet Officers, Naval, Army and Air Force officers and Colonial and United States officials who are from Delaware.

Section 5. Chapter 54, Title 7, Delaware Code, is amended as follows:

A. §§ 5401, 5402 and 5405 are repealed.

B. § 5403 is amended by striking the section heading, "Purposes" and inserting in lieu thereof a new section heading, "Duties of the Department of State".

C. § 5404 is amended by striking the words "Delaware Archaeological Board" and inserting in lieu thereof the words "Department of State".

Section 6. § 4401, Title 29, Delaware Code, is amended by striking said section in its entirety and inserting in lieu thereof a new section as follows:

§ 4401. Poet Laureate

The Governor may appoint a Poet Laureate for the State of Delaware to serve a two-year term commencing on the first day of January of each odd-numbered year. The Poet Laureate shall perform such duties as may be requested by the Governor and the Secretary of State or his duly authorized designee. The Department of State shall be responsible for the administrative, ministerial and clerical services, including but not limited to furnishing office space, which may be requested by the Poet Laureate, within such limitations as may be imposed by law.

Section 7. Chapter 87, Title 29, Delaware Code, is amended by adding a new section as follows:

§ 8716. Supremacy

All other laws or parts of laws now in effect inconsistent with the provisions of this Chapter are hereby repealed, superseded, modified or amended so far as necessary to conform to and give full force and effect to the provisions of this Chapter.

Section 8. If any provision of this Act, or of any rule, regulation or order thereunder of the application of such provision to any person or circumstances, shall be held invalid, the remainder of this Act and the application of such provisions of this Act or of such rule, regulation or order to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.

Approved June 29, 1970.