Bill Text: DE HB468 | 2009-2010 | 145th General Assembly | Draft

Delaware House Bill 468 (Prior Session Legislation)

Draft

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

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-06-10 - Introduced in House and assigned to House Administration Committee [HB468 Detail]

Download: Delaware-2009-HB468-Draft.html

SPONSOR:	Rep. George & Sen. Katz
	Reps. Barbieri, Hudson, Kovach, Lavelle, Longhurst, Schooley, D.E. Williams; Sen. Sorenson

HOUSE OF REPRESENTATIVES

145th GENERAL ASSEMBLY

HOUSE BILL NO. 468

AN ACT PROPOSING AN AMENDMENT TO ARTICLE III, ARTICLE IV, AND THE SCHEDULE OF THE DELAWARE CONSTITUTION OF 1897, AS AMENDED, RELATING TO THE REGISTER OF WILLS.

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 words "Register of Wills," as the same appears therein.

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

Section 3.Amend §23, Article III, of the Delaware Constitution of 1897, as amended, by deleting the words "Registers of Wills," as the same appears therein.

Section 4.Amend §1, Article IV, of the Delaware Constitution of 1897, as amended, by deleting the words "a Register's Court," as the same appears therein.

Section 5.Amend §31, Article IV, of the Delaware Constitution of 1897, as amended, by deleting the existing section in its entirety and substituting, in lieu thereof:"§31.Register of Wills.Section 31.The Chancellor shall appoint a Register of Wills, who shall be a clerk of the Court of Chancery with statewide jurisdiction and hold office at the pleasure of that Court.The judicial function formerly reposed in the Register's Court in each county shall be within the Court of Chancery.".

Section 6.Amend §32, of Article IV, of the Delaware Constitution of 1897, as amended, by deleting from the first sentence of Section 32, after the words "Register of Wills," the words "for the County,".

Section 7.Amend §10 of the Schedule of the Delaware Constitution of 1897, as amended, by deleting from the title the words "Register's Court and jurisdiction" and substituting in lieu thereof the word "Jurisdiction", and by deleting from Section 10 the words "the Registers' Courts and".

Section 8.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 Register of Wills on effective date of Constitutional amendment.

Notwithstanding any other provision of this Constitution, the terms of persons holding office as Register of Willsand the salary and emoluments attaching to said offices, shall terminate one hundred and eighty 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 an integrated and state-wide Register of Wills office.At the present time, the three counties operate three separate offices that handle the functions of the Register of Wills.Each operates using its own requirements and procedures, each provides services solely 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 system of Register of Wills offices.The proposed amendment removes the constitutional provisions requiring that the Register of Wills be an elected office.Because the Register of Wills presently acts as a clerk of the Court of Chancery, the proposed amendment reorganizes that function under the leadership and jurisdiction of the Court of Chancery.