State Agencies and Offices Not Created by Constitution
CHAPTER 32. DELAWARE HERITAGE COMMISSION
§ 3201. Creation and membership; termination.
(a) There is created the Delaware Heritage Commission composed of 15 citizens of the State appointed by the Governor for 3-year
terms, 1 of whom shall be designated by the Governor as Chairperson of the Commission. Upon the date of enactment of this
section, the Governor shall appoint 4 of the current members of the Commission to serve 4-year terms, 4 members to serve 3-year
terms, 4 members to serve 2-year terms, and 3 members to serve 1-year terms. Thereafter all terms shall be for 3 years. A
member appointed to fill a vacancy occurring otherwise than by expiration of a term shall be appointed for the remainder of
the unexpired term.
(b) Members of the Commission shall serve without compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Commission.
(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.
(d) Members of the Commission shall be eligible for reappointment.
29 Del. C. 1953, § 9901; 58 Del. Laws, c. 179; 61 Del. Laws, c. 319, §§ 1, 2; 65 Del. Laws, c. 25, § 1; 67 Del. Laws, c. 323, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 364, §§ 1, 2; 73 Del. Laws, c. 65, § 31; 76 Del. Laws, c. 318, § 1.;
§ 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 title.
29 Del. C. 1953, § 9902; 58 Del. Laws, c. 179; 61 Del. Laws, c. 319, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 318, § 2.;
§ 3203. Powers and duties.
(a) The Commission shall plan, encourage, develop, coordinate and implement observances and activities pertaining to the achievement
in Delaware of liberty and independence through a constitutional government, and the significant historical events that occurred
in Delaware or involved Delaware citizens during the years preceding and following the ratification and adoption of the Constitution
of the United States.
(b) In carrying out its duties, the Commission shall consider any related plans and programs developed by national organizations,
the organizations of other states, local and private groups, and the Commission may designate representatives to serve on
special committees, organizations, nonprofit organizations or other entities with representatives from such bodies to plan,
develop and coordinate specific activities.
(c) In all planning, the Commission shall give emphasis to the ideas associated with the American Revolution and the achievement
of independence by the United States which have been important to the development of the United States in world affairs and
in mankind's quest for freedom and justice.
(d) The Commission shall have the authority to organize a nonprofit corporation to assist the Commission in the formulation
and execution of its plans; to solicit and receive subscriptions, donations and other funds from public and private sources
for organizing and carrying on the undertaking; to negotiate with public or private organizations or persons on terms for
approval or endorsement of Commission-related programs or projects; to acquire and hold by gift or otherwise real and other
property with full right to convey or dispose of the same in such manner and upon such terms as the corporation may determine,
either absolutely or upon condition; to contract with and employ consultants or other agents; to adopt or enforce such bylaws,
rules and regulations as the corporation may, from time to time, deem advisable.
(e) The Commission shall, no later than December 31 of each year, submit to the Governor and to the General Assembly an annual
report of the Commission's activities and recommendations. Such activities and recommendations may include but are not limited
to:
(1) The production, publication and distribution of books, pamphlets, films and other educational materials on the history,
culture and political thought of this nation and State;
(2) Bibliographical and documentary projects and publications;
(3) Conferences, convocations, lectures, seminars and other programs;
(4) The development of permanent memorials and exhibits, including mobile exhibits;
(5) Ceremonies and celebrations commemorating specific events;
(6) Programs and activities on the local, national and international significance of the American Democracy and its implications
for present and future generations; and
(7) The issuance of commemorative medals, seals, automotive license plates and certificates of recognition.
(f) The report of the Commission shall include recommendations for the allocation of financial and administrative responsibility
among the public and private authorities and organizations recommended for participation by the Commission. The report shall
also include proposals for legislation and administrative action the Commission considers necessary to carry out its recommendations.
29 Del. C. 1953, § 9903; 58 Del. Laws, c. 179; 61 Del. Laws, c. 319, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 318, § 3.;
§ 3204. Cooperation.
(a) In fulfilling its responsibilities, the Commission shall consult, cooperate with and seek advice from appropriate state
departments and agencies, local public bodies, learned societies and historical, patriotic, philanthropic, civic, professional
and related organizations. Heads of state departments and agencies shall cooperate with the Commission in planning, encouraging,
developing and coordinating appropriate commemorative activities.
(b) The Commission shall determine if there are sites within the State which are appropriate for preservation or development
in order to assure that fitting observances and exhibits may be held.
(c) The officials of each state-supported school, college or university shall cooperate with the Commission, especially in
the encouragement and coordination of scholarly works and presentations on the history, culture and political thought of this
Nation and State.
29 Del. C. 1953, § 9904; 58 Del. Laws, c. 179; 61 Del. Laws, c. 319, §§ 1, 2.;
§ 3205. Donations; preservation of acquisitions; expenditures.
(a) The Commission may accept donations of money, property or personal services.
(b) Property acquired by the Commission may be deposited for preservation with the Secretary of State.
(c) [Repealed.]
29 Del. C. 1953, § 9905; 58 Del. Laws, c. 179; 61 Del. Laws, c. 319, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 318, § 4.;
State Agencies and Offices Not Created by Constitution
CHAPTER 32. DELAWARE HERITAGE COMMISSION
§ 3201. Creation and membership; termination.
(a) There is created the Delaware Heritage Commission composed of 15 citizens of the State appointed by the Governor for 3-year
terms, 1 of whom shall be designated by the Governor as Chairperson of the Commission. Upon the date of enactment of this
section, the Governor shall appoint 4 of the current members of the Commission to serve 4-year terms, 4 members to serve 3-year
terms, 4 members to serve 2-year terms, and 3 members to serve 1-year terms. Thereafter all terms shall be for 3 years. A
member appointed to fill a vacancy occurring otherwise than by expiration of a term shall be appointed for the remainder of
the unexpired term.
(b) Members of the Commission shall serve without compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Commission.
(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.
(d) Members of the Commission shall be eligible for reappointment.
29 Del. C. 1953, § 9901; 58 Del. Laws, c. 179; 61 Del. Laws, c. 319, §§ 1, 2; 65 Del. Laws, c. 25, § 1; 67 Del. Laws, c. 323, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 364, §§ 1, 2; 73 Del. Laws, c. 65, § 31; 76 Del. Laws, c. 318, § 1.;
§ 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 title.
29 Del. C. 1953, § 9902; 58 Del. Laws, c. 179; 61 Del. Laws, c. 319, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 318, § 2.;
§ 3203. Powers and duties.
(a) The Commission shall plan, encourage, develop, coordinate and implement observances and activities pertaining to the achievement
in Delaware of liberty and independence through a constitutional government, and the significant historical events that occurred
in Delaware or involved Delaware citizens during the years preceding and following the ratification and adoption of the Constitution
of the United States.
(b) In carrying out its duties, the Commission shall consider any related plans and programs developed by national organizations,
the organizations of other states, local and private groups, and the Commission may designate representatives to serve on
special committees, organizations, nonprofit organizations or other entities with representatives from such bodies to plan,
develop and coordinate specific activities.
(c) In all planning, the Commission shall give emphasis to the ideas associated with the American Revolution and the achievement
of independence by the United States which have been important to the development of the United States in world affairs and
in mankind's quest for freedom and justice.
(d) The Commission shall have the authority to organize a nonprofit corporation to assist the Commission in the formulation
and execution of its plans; to solicit and receive subscriptions, donations and other funds from public and private sources
for organizing and carrying on the undertaking; to negotiate with public or private organizations or persons on terms for
approval or endorsement of Commission-related programs or projects; to acquire and hold by gift or otherwise real and other
property with full right to convey or dispose of the same in such manner and upon such terms as the corporation may determine,
either absolutely or upon condition; to contract with and employ consultants or other agents; to adopt or enforce such bylaws,
rules and regulations as the corporation may, from time to time, deem advisable.
(e) The Commission shall, no later than December 31 of each year, submit to the Governor and to the General Assembly an annual
report of the Commission's activities and recommendations. Such activities and recommendations may include but are not limited
to:
(1) The production, publication and distribution of books, pamphlets, films and other educational materials on the history,
culture and political thought of this nation and State;
(2) Bibliographical and documentary projects and publications;
(3) Conferences, convocations, lectures, seminars and other programs;
(4) The development of permanent memorials and exhibits, including mobile exhibits;
(5) Ceremonies and celebrations commemorating specific events;
(6) Programs and activities on the local, national and international significance of the American Democracy and its implications
for present and future generations; and
(7) The issuance of commemorative medals, seals, automotive license plates and certificates of recognition.
(f) The report of the Commission shall include recommendations for the allocation of financial and administrative responsibility
among the public and private authorities and organizations recommended for participation by the Commission. The report shall
also include proposals for legislation and administrative action the Commission considers necessary to carry out its recommendations.
29 Del. C. 1953, § 9903; 58 Del. Laws, c. 179; 61 Del. Laws, c. 319, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 318, § 3.;
§ 3204. Cooperation.
(a) In fulfilling its responsibilities, the Commission shall consult, cooperate with and seek advice from appropriate state
departments and agencies, local public bodies, learned societies and historical, patriotic, philanthropic, civic, professional
and related organizations. Heads of state departments and agencies shall cooperate with the Commission in planning, encouraging,
developing and coordinating appropriate commemorative activities.
(b) The Commission shall determine if there are sites within the State which are appropriate for preservation or development
in order to assure that fitting observances and exhibits may be held.
(c) The officials of each state-supported school, college or university shall cooperate with the Commission, especially in
the encouragement and coordination of scholarly works and presentations on the history, culture and political thought of this
Nation and State.
29 Del. C. 1953, § 9904; 58 Del. Laws, c. 179; 61 Del. Laws, c. 319, §§ 1, 2.;
§ 3205. Donations; preservation of acquisitions; expenditures.
(a) The Commission may accept donations of money, property or personal services.
(b) Property acquired by the Commission may be deposited for preservation with the Secretary of State.
(c) [Repealed.]
29 Del. C. 1953, § 9905; 58 Del. Laws, c. 179; 61 Del. Laws, c. 319, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 318, § 4.;
State Agencies and Offices Not Created by Constitution
CHAPTER 32. DELAWARE HERITAGE COMMISSION
§ 3201. Creation and membership; termination.
(a) There is created the Delaware Heritage Commission composed of 15 citizens of the State appointed by the Governor for 3-year
terms, 1 of whom shall be designated by the Governor as Chairperson of the Commission. Upon the date of enactment of this
section, the Governor shall appoint 4 of the current members of the Commission to serve 4-year terms, 4 members to serve 3-year
terms, 4 members to serve 2-year terms, and 3 members to serve 1-year terms. Thereafter all terms shall be for 3 years. A
member appointed to fill a vacancy occurring otherwise than by expiration of a term shall be appointed for the remainder of
the unexpired term.
(b) Members of the Commission shall serve without compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Commission.
(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.
(d) Members of the Commission shall be eligible for reappointment.
29 Del. C. 1953, § 9901; 58 Del. Laws, c. 179; 61 Del. Laws, c. 319, §§ 1, 2; 65 Del. Laws, c. 25, § 1; 67 Del. Laws, c. 323, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 364, §§ 1, 2; 73 Del. Laws, c. 65, § 31; 76 Del. Laws, c. 318, § 1.;
§ 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 title.
29 Del. C. 1953, § 9902; 58 Del. Laws, c. 179; 61 Del. Laws, c. 319, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 318, § 2.;
§ 3203. Powers and duties.
(a) The Commission shall plan, encourage, develop, coordinate and implement observances and activities pertaining to the achievement
in Delaware of liberty and independence through a constitutional government, and the significant historical events that occurred
in Delaware or involved Delaware citizens during the years preceding and following the ratification and adoption of the Constitution
of the United States.
(b) In carrying out its duties, the Commission shall consider any related plans and programs developed by national organizations,
the organizations of other states, local and private groups, and the Commission may designate representatives to serve on
special committees, organizations, nonprofit organizations or other entities with representatives from such bodies to plan,
develop and coordinate specific activities.
(c) In all planning, the Commission shall give emphasis to the ideas associated with the American Revolution and the achievement
of independence by the United States which have been important to the development of the United States in world affairs and
in mankind's quest for freedom and justice.
(d) The Commission shall have the authority to organize a nonprofit corporation to assist the Commission in the formulation
and execution of its plans; to solicit and receive subscriptions, donations and other funds from public and private sources
for organizing and carrying on the undertaking; to negotiate with public or private organizations or persons on terms for
approval or endorsement of Commission-related programs or projects; to acquire and hold by gift or otherwise real and other
property with full right to convey or dispose of the same in such manner and upon such terms as the corporation may determine,
either absolutely or upon condition; to contract with and employ consultants or other agents; to adopt or enforce such bylaws,
rules and regulations as the corporation may, from time to time, deem advisable.
(e) The Commission shall, no later than December 31 of each year, submit to the Governor and to the General Assembly an annual
report of the Commission's activities and recommendations. Such activities and recommendations may include but are not limited
to:
(1) The production, publication and distribution of books, pamphlets, films and other educational materials on the history,
culture and political thought of this nation and State;
(2) Bibliographical and documentary projects and publications;
(3) Conferences, convocations, lectures, seminars and other programs;
(4) The development of permanent memorials and exhibits, including mobile exhibits;
(5) Ceremonies and celebrations commemorating specific events;
(6) Programs and activities on the local, national and international significance of the American Democracy and its implications
for present and future generations; and
(7) The issuance of commemorative medals, seals, automotive license plates and certificates of recognition.
(f) The report of the Commission shall include recommendations for the allocation of financial and administrative responsibility
among the public and private authorities and organizations recommended for participation by the Commission. The report shall
also include proposals for legislation and administrative action the Commission considers necessary to carry out its recommendations.
29 Del. C. 1953, § 9903; 58 Del. Laws, c. 179; 61 Del. Laws, c. 319, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 318, § 3.;
§ 3204. Cooperation.
(a) In fulfilling its responsibilities, the Commission shall consult, cooperate with and seek advice from appropriate state
departments and agencies, local public bodies, learned societies and historical, patriotic, philanthropic, civic, professional
and related organizations. Heads of state departments and agencies shall cooperate with the Commission in planning, encouraging,
developing and coordinating appropriate commemorative activities.
(b) The Commission shall determine if there are sites within the State which are appropriate for preservation or development
in order to assure that fitting observances and exhibits may be held.
(c) The officials of each state-supported school, college or university shall cooperate with the Commission, especially in
the encouragement and coordination of scholarly works and presentations on the history, culture and political thought of this
Nation and State.
29 Del. C. 1953, § 9904; 58 Del. Laws, c. 179; 61 Del. Laws, c. 319, §§ 1, 2.;
§ 3205. Donations; preservation of acquisitions; expenditures.
(a) The Commission may accept donations of money, property or personal services.
(b) Property acquired by the Commission may be deposited for preservation with the Secretary of State.
(c) [Repealed.]
29 Del. C. 1953, § 9905; 58 Del. Laws, c. 179; 61 Del. Laws, c. 319, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 318, § 4.;
