CHAPTER 92

FORMERLY

HOUSE BILL NO. 303

AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO THE TRANSITION OF THE OFFICE OF THE REGISTER IN CHANCERY FROM COUNTY TO STATE GOVERNMENT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. From and after January 1, 2002, the employees in the offices of the Register in Chancery, with the exception of those persons employed by any office of the Register in Chancery who elect, pursuant to Section 2 below, to remain a county employee, shall be governed by the judicial personnel system of the State of Delaware, and shall be assigned to such classifications as the State Personnel Office may direct. The salaries shall be established on a 37.5-hour work week with positions classified and funded in accord with a standard Statewide classification and paygrade system.

Section 2. Any individual employed in the Office of the Register in Chancery of New Castle County, Kent County or Sussex County as of October 15, 2001, may elect, prior to December 1, 2001, to remain an employee of the county that employed such person as of October 15, 2001, and to remain a member of any bargaining unit representing such person as of October 15, 2001. Any person who so elects to remain a county employee shall, effective January 1, 2002, serve and report to the Office of the Register in Chancery in the county in which such person was employed as of October 15, 2001. Such county employees shall be subject to all procedures, policies and practices applicable to the Office of the Register in Chancery. Effective January 1, 2002, such employees electing to remain county employees shall be considered employees of the State for purposes of applying the labor and employment provisions of Title 19 as well as any other liability associated with the above noted employees holding positions in the Office of the Register in Chancery. In exchange for the services provided by such persons who elect to remain county employees after January 1, 2002, the State shall reimburse the county employing such persons for personnel expenses actually and reasonably incurred in connection with the employment of such persons, including costs of salary, pension, and benefits paid by such county as of October 15, 2001, to such employees, together with later adjustments as may be generally applicable to county employees. When a person who elects to remain a county employee leaves his/her county position for any reason, the State will no longer be required to reimburse the county for the services provided by that position. The county shall not refill these vacant positions. Vacancies shall be replaced by State positions and be filled as State employees.

Section 3. Any person employed by the Register in Chancery in New Castle County, Kent County or Sussex County as of October 15, 2001, who does not affirmatively elect to remain a county employee, shall become a State employee, effective January 1, 2002. Any employee who so enters the service as a State employee may exercise any rights existing under county law or union contract with respect to receipt of severance pay for accrued leave actually credited by New Castle County, Kent County, or Sussex County as of December 31, 2001. Any employee transferring to State employment with the Register in Chancery of New Castle County, Kent County or Sussex County may exercise any rights existing under the provisions thereof with respect to a refund of contributions or receipt of pension benefits.

Section 4. Notwithstanding any other provision of Delaware law to the contrary, an elected Register in Chancery shall continue to serve out his or her elected term at the Register’s option as a State employee with pay to be determined in accordance with the State Personnel Office for a 37.5-hour work week, or as a county employee in accordance with the respective county’s budget until the end of their elected term in January, 2005.

Approved June 30, 2001