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DE HB285

Bill

Status

Introduced

6/30/2009

Primary Sponsor

Robert Marshall

Click for details

Origin

House of Representatives

145th General Assembly

AI Summary

  • Establishes a Tax Appeal Board hearing process for State Escheator enforcement actions when persons refuse to pay or deliver abandoned property to the State.

  • Allows holders of abandoned property to appeal State Escheator decisions to the Tax Appeal Board using procedures in Delaware Code Title 30 §329 and §330.

  • Permits appeals of Tax Appeal Board decisions to the Court of Chancery within 30 days after notice of the decision.

  • Implements a three-year statute of limitations for escheat enforcement starting from when a holder files a report with or gives notice of a dispute to the State Escheator.

  • Eliminates the statute of limitations if no report is filed or if a false or fraudulent report is filed with intent to evade escheatment, and allows holders to pursue other legal remedies without exhausting administrative remedies first.

Legislative Description

An Act To Amend Title 12 Of The Delaware Code Relating To Escheat

Last Action

Introduced and Assigned to Revenue & Finance Committee in House

6/30/2009

Committee Referrals

Revenue & Finance6/30/2009

Full Bill Text

No bill text available