Bill Text: DE HB465 | 2009-2010 | 145th General Assembly | Draft

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Bill Title: An Act Proposing An Amendment To Article Iii And The Schedule Of The Delaware Constitution Of 1897, As Amended, Relating To The Recorder Of Deeds.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-06-10 - Introduced and Assigned to House Administration Committee in House [HB465 Detail]

Download: Delaware-2009-HB465-Draft.html

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SPONSOR:	Rep. D.E. Williams & Sen. Katz
	Reps. Longhurst

HOUSE OF REPRESENTATIVES

145th GENERAL ASSEMBLY

HOUSE BILL NO. 465

AN ACT PROPOSING AN AMENDMENT TO ARTICLE III AND THE SCHEDULE OF THE DELAWARE CONSTITUTION OF 1897, AS AMENDED, RELATING TO THE RECORDER OF DEEDS.

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

Section 1.Amend §11, Article III of the Delaware Constitution of 1897, as amended, by deleting the language "Recorder," as the same appears therein.

Section 2.Amend §22, Article III, of the Delaware Constitution of 1897, as amended, by deleting the language "Recorders," as the same appears therein.

Section 3.Amend §23, Article III, of the Delaware Constitution of 1897, as amended, by deleting the word "Recorders" as the same appear therein.

Section 4.Amend the Schedule of the Delaware Constitution of 1897, as amended, by adding a new section as follows:

"§ 20.Terms of office of persons holding office as Recorder on effective date of Constitutional amendment.

Notwithstanding any other provision of this Constitution, the terms of persons holding office as Recorder of Deeds, and the salary and emoluments attaching to said offices, shall terminate one hundred and twenty days after the effective date of this constitutional amendment; provided, however, that any pension or health care benefits in which the person is vested or to which the person is entitled under federal law shall continue to the extent required by law.".

SYNOPSIS

This is the first leg of a constitutional amendment to provide for the development of a statewide and integrated recordation system.At the present time, the three counties operate three separate offices that handle the functions of the Recorder of Deeds.Each operates using its own requirements and procedures, each provides services only in its respective county, and each is managed by a different elected official.

This proposed constitutional amendment will enable the General Assembly to create by statute a more cost-effective and efficient statewide system for recordation.The proposed amendment removes the constitutional provisions requiring that the Recorder of Deeds be an elected office.