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Bill > SB266


DE SB266

DE SB266
An Act To Amend Title 6 And Title 12 Of The Delaware Code Relating To Unclaimed Property.


summary

Introduced
06/06/2024
In Committee
06/13/2024
Crossed Over
06/12/2024
Passed
06/27/2024
Dead
Signed/Enacted/Adopted
08/15/2024

Introduced Session

152nd General Assembly

Bill Summary

Senate Substitute 1 for SB 266 clarifies the process and roles of the Attorney General, State Escheator, and Secretary of State in actions under the Delaware False Claims and Reporting Act (DFCRA) for failure to comply with reporting requirements of the Delaware Unclaimed Property Law (UPL). The government, through the Attorney General, may bring such an action after a 120-day period during which the State Escheator may initiate an examination or within the 120-day period, with the State Escheator's consent.

AI Summary

This bill clarifies the process and roles of the Attorney General, State Escheator, and Secretary of State in actions under the Delaware False Claims and Reporting Act (DFCRA) for failure to comply with reporting requirements of the Delaware Unclaimed Property Law (UPL). The key provisions include: 1. The Attorney General may bring an action under the DFCRA based on the reporting requirements of the UPL, but only after a 120-day period during which the State Escheator may initiate an examination or with the State Escheator's consent. 2. The bill establishes a whistleblower program, where individuals who provide information to the State about a holder's noncompliance with UPL reporting requirements can receive a portion of the recovered funds, ranging from 20-30% of the first $5 million and 10-20% of any portion exceeding $5 million. 3. The State Escheator is prohibited from waiving interest and penalties for any examination initiated pursuant to information provided by a whistleblower. 4. The Attorney General, State Escheator, and Secretary of State are required to consult as necessary to ensure the efficient investigation of whistleblower reports and other matters related to the enforcement of the UPL reporting requirements.

Committee Categories

Business and Industry

Sponsors (3)

Last Action

Signed by Governor (on 08/15/2024)

Taxonomy

Government Operations
  • ‐ Tax Administration and Collection of Revenue
Law, Crime, and Family Issues
  • ‐ Civil Law and Procedure
  • ‐ White Collar Crime and Organized Crime

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