Bill Text: DE HB471 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Title 12 Of The Delaware Code Relating To Escheats.
Sponsorship: Bipartisan Bill
Status: (Engrossed - Dead) 2010-06-24 - Passed by House of Representatives. Votes: Passed 39 YES 0 NO 0 NOT VOTING 2 ABSENT 0 VACANT [HB471 Detail]
Download: Delaware-2009-HB471-Draft.html
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SPONSOR: |
Rep. George & Sen. Blevins |
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HOUSE OF REPRESENTATIVES 145th GENERAL ASSEMBLY |
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HOUSE BILL NO. 471 |
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AN ACT TO AMEND TITLE 12 OF THE |
Section 1.Amend section 1203(a), Title 12 of the Delaware Code by inserting "Unless otherwise addressed in§1203(b)," at the beginning of such section between the "(a)" and the words "The payment or delivery".
Section 2.Amend Section 1203(a), Title 12 of the Delaware Code by adding at the end of the existing language after "such delivery or payment.", a new sentence to read as follows:"Application of this subsection (a) is mutually exclusive of subsection (b) of this section and, accordingly, shall not be applied in conjunction with §1203(b).".
SYNOPSIS
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This Act remedies confusion that exists as a result of the current statutory construction of §1203(a) and §1203(b).As currently drafted, §1203, as a whole, is ambiguous.In certain cases, a legal argument can be made that §1203(a) and � 1203(b) apply contemporaneously to a similar set of facts.This amendment eliminates such a non-sensible result by making clear that subsections (a) and (b) are mutually-exclusive, whereby the application of subsection (a) is to the exclusion of subsection (b), and vice versa. . |
