Bill Text: DE HB276 | 2017-2018 | 149th General Assembly | Draft

Delaware House Bill 276 (Prior Session Legislation)

Draft

Bill Title: An Act To Amend Title 9 And Title 30 Of The Delaware Code Relating To Intercepting Payments To The Delaware Manufactured Home Relocation Trust Fund To Collect Debts Owed To A County Or To The State.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2017-12-14 - Introduced and Assigned to Manufactured Housing Committee in House [HB276 Detail]

Download: Delaware-2017-HB276-Draft.html

SPONSOR:	Rep. Baumbach & Sen. Ennis
Rep. K. Williams; Sens. Bushweller, Walsh

HOUSE OF REPRESENTATIVES

149th GENERAL ASSEMBLY

HOUSE BILL NO. 276

AN ACT TO AMEND TITLE 9 AND TITLE 30 OF THE DELAWARE CODE RELATING TO INTERCEPTING PAYMENTS TO THE DELAWARE MANUFACTURED HOME RELOCATION TRUST FUND TO COLLECT DEBTS OWED TO A COUNTY OR TO THE STATE.

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

Section 1. Amend Chapter 87, Title 9 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 8712. Attachment of Delaware Manufactured Home Relocation Trust Fund payments.

(a) Any tax collecting authority may at any time notify in writing the Delaware Manufactured Home Relocation Trust Fund (“Trust Fund”) that a tax or fees of a landlord is due, delinquent, or unpaid, and thereupon intercept payments to the landlord under § 7014 of Title 25 in the amount of the tax or fees due from the landlord, and charge the same against the landlord. The tax collecting authority may recover the amount of the tax or fees from the landlord in an action of debt before any justice of the peace.

(b) When the Trust Fund holds a tax or fees under the provisions of this section, the Trust Fund shall direct the Division of Revenue of the Department of Finance to pay that amount to the tax collecting authority within 30 days thereafter.

Section 2. Amend § 545, Title 30 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 545. Collection of debts owed to certain State agencies.

(a) General. — Upon receiving notice from any claimant agency that a taxpayer owes a debt to such agency, the Director shall:

(6) Notify the Delaware Manufactured Home Relocation Trust Fund (“Trust Fund”) and the Trust Fund shall do all of the following when a payment is due to the landlord under § 7014 of Title 25:

a. Direct the Division of Revenue of the Department of Finance to pay the amount of the debt to the claimant agency or, if the payment is less than the total amount of the debt, pay the amount of the payment to the claimant agency.

b. Notify the landlord that the payment from the Trust Fund has been reduced by the amount in paragraph (a)(6)a. of this section and paid to the claimant agency.

SYNOPSIS

This Act permits a county and the State to intercept payments to landlords from the Delaware Manufactured Home Relocation Trust Fund to collect debts.