SB 13 — AN ACT TO AMEND TITLES 12 AND 25 OF THE DELAWARE CODE RELATING TO ABANDONED OR UNCLAIMED PROPERTY.
Last action — Signed by Governor
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 12, 2017. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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13 sponsors
2 primary, 11 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (2 D · 1 R) — cross-party backing.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
This Act continues the reforms enacted over the past 4 years by restructuring Chapter 11 of Title 12, and adopting in substance many provisions from the 2016 Revised Uniform Unclaimed Property Act promulgated by the Uniform Law Commission. In addition, this Act adopts certain recommendations from the Delaware Unclaimed Property Task Force formed under Senate Concurrent Resolution No. 59 of the 147th General Assembly, and makes significant changes to the State’s unclaimed property law to bring greater predictability, efficiency, and fairness to the State's unclaimed property reporting process and compliance initiatives. More specifically, these changes include reducing the look-back period of all voluntary disclosure agreements and audits to 10 report years, and creating a 10 year statute of limitations for the State to seek payment of unclaimed property due to the State. In addition, this legislation aligns the State’s record retention requirement for companies with the statute of limitations and look back period, which brings State law into conformity with a majority of other states. This Act also offers any company currently under audit prior to July 22, 2015, the opportunity to convert their audit into a voluntary disclosure agreement by entering into the Secretary of State Voluntary Disclosure Agreement program. All companies who received a notice of examination and are currently under audit as of the effective date of this Act will have the opportunity to engage in an expedited audit review process. Finally, this Act mandates that interest be assessed on any late-filed unclaimed property, as a means to incentivize voluntary compliance.
Bill Text
- Bill Text View text Current pdf
Action History
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Signed by Governor
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Passed By House. Votes: 40 YES 1 ABSENT
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Reported Out of Committee (House Administration) in House with 5 On Its Merits
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Assigned to House Administration Committee in House
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Passed By Senate. Votes: 19 YES 1 ABSENT
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Amendment SA 1 to SB 13 - Passed By Senate. Votes: 18 YES 2 ABSENT
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Amendment SA 1 to SB 13 - Introduced and Placed With Bill
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Reported Out of Committee (Banking, Business & Insurance) in Senate with 3 Favorable, 1 On Its Merits
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Introduced and Assigned to Banking, Business & Insurance Committee in Senate
Sponsors
- Bryan Townsend · Primary
- Nicole Poore · Cosponsor
- Daniel B. Short · Cosponsor
- Deborah Hudson · Cosponsor
- John J. Viola · Cosponsor
- Valerie Longhurst · Cosponsor
- Peter C. Schwartzkopf · Cosponsor
- Ernesto B Lopez · Cosponsor
- Gregory F. Lavelle · Cosponsor
- F. Gary Simpson · Cosponsor
- Margaret Rose Henry · Cosponsor
- David B. McBride · Cosponsor
- Bryon H. Short · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 11 co-sponsors · 49 not signed on
Sponsors (2)
- Bryan Townsend Democratic
- Bryon H. Short
Co-sponsors (11)
Not signed on (49)
49 members have not signed on to this bill.
Show all 49 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 25 | 0 | 0 | 0 |
| Democratic | 7 | 0 | 0 | 0 |
| Republican | 8 | 0 | 0 | 1 |
| Total | 40 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (41)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 0 | 0 | 1 |
| Republican | 4 | 0 | 0 | 0 |
| Democratic | 4 | 0 | 0 | 0 |
| Total | 19 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Anthony Delcollo | — | Yea |
| Brian J. Bushweller | — | Yea |
| Bruce C. Ennis | — | Yea |
| Catherine Cloutier | — | Yea |
| Colin Bonini | — | Yea |
| David B. McBride | — | Yea |
| Ernesto B Lopez | — | Yea |
| F. Gary Simpson | — | Yea |
| Gregory F. Lavelle | — | Not Voting |
| Harris B. McDowell | — | Yea |
| Margaret Rose Henry | — | Yea |
| Robert Marshall | — | Yea |
| Bryan Townsend | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| Brian Pettyjohn | Republican | Yea |
| Bryant L. Richardson | Republican | Yea |
| Dave G. Lawson | Republican | Yea |
| Gerald W. Hocker | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 13 do?
- This Act continues the reforms enacted over the past 4 years by restructuring Chapter 11 of Title 12, and adopting in substance many provisions from the 2016 Revised Uniform Unclaimed Property Act promulgated by the Uniform Law Commission. In addition, this Act adopts certain recommendations from the Delaware Unclaimed Property Task Force formed under Senate Concurrent Resolution No. 59 of the 147th General Assembly, and makes significant changes to the State’s unclaimed property law to bring greater predictability, efficiency, and fairness to the State's unclaimed property reporting process and compliance initiatives. More specifically, these changes include reducing the look-back period of all voluntary disclosure agreements and audits to 10 report years, and creating a 10 year statute of limitations for the State to seek payment of unclaimed property due to the State. In addition, this legislation aligns the State’s record retention requirement for companies with the statute of limitations and look back period, which brings State law into conformity with a majority of other states. This Act also offers any company currently under audit prior to July 22, 2015, the opportunity to convert their audit into a voluntary disclosure agreement by entering into the Secretary of State Voluntary Disclosure Agreement program. All companies who received a notice of examination and are currently under audit as of the effective date of this Act will have the opportunity to engage in an expedited audit review process. Finally, this Act mandates that interest be assessed on any late-filed unclaimed property, as a means to incentivize voluntary compliance.
- Who sponsors SB 13?
- SB 13 is sponsored by Bryan Townsend (Democratic), Nicole Poore (Democratic), Daniel B. Short (Republican), Deborah Hudson, John J. Viola, Valerie Longhurst, Peter C. Schwartzkopf, Ernesto B Lopez, Gregory F. Lavelle, F. Gary Simpson, Margaret Rose Henry, David B. McBride, and Bryon H. Short.
- What is the current status of SB 13?
- This bill has been enacted into law. Introduced January 12, 2017. Enacted.
- Where can I track SB 13?
- Track SB 13 free on One Click Politics — get push/email alerts when it moves.
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