Bill Text: DE HB278 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 9 Of The Delaware Code Relating To The General Powers Of The Government Of New Castle County.
Sponsorship: Partisan Bill (Democrat 5)
Status: (Introduced - Dead) 2014-05-08 - Stricken [HB278 Detail]
Download: Delaware-2013-HB278-Draft.html
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SPONSOR: |
Rep. B. Short & Sen. McDowell |
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Rep. Carson; Sens. Ennis, Townsend |
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HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
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HOUSE BILL NO. 278 |
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AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO THE GENERAL POWERS OF THE GOVERNMENT OF NEW CASTLE COUNTY. |
Section 1. Amend �1101, Title 9 of the Delaware Code by making insertions as shown by underline as follows:
� 1101. General powers.
(a) Granted. -- The Government of New Castle County as established by this chapter shall assume and have all powers which, under the Constitution of this State, it would be competent for the General Assembly to grant by specific enumeration, and which are not denied by statute, including, but not limited to, any powers conferred prior to May 26, 1965, by the General Assembly upon New Castle County, or upon the Levy Court of New Castle County, or upon the Levy Court Commissioners of New Castle County, or upon the officers or employees of New Castle County, or upon counties generally, or upon Levy Court Commissioners generally. This grant of power includes the power to fix the tax rate upon the assessed valuation of all real property in New Castle County subject to assessment by the County. This grant of power further includes the power to fix an additional tax rate upon the assessed valuation of real property in New Castle County subject to assessment by the County for the limited purposes of providing funding for volunteer fire, ambulance and/or emergency medical technician services in New Castle County. This grant of power further includes the power to fix the fees of the Recorder of Deeds in New Castle County for services, any statute denying such right to the contrary notwithstanding. This grant of power further includes the power to impose a surcharge on any application for a building permit issued by New Castle County in an amount not to exceed .5% of the residential construction value and of the first million dollars of commercial construction value applicable to said building permit application, to provide funding for volunteer fire companies except that this surcharge shall not be added to building permits applied for by an organization exempt from tax under §501(c)(3) of the federal Internal Revenue Code [26 U.S.C. §501(c)(3)] which provides owner-occupied housing to low and moderate income households by rehabilitating residential properties and reselling said properties without profit, nor to the Delaware State Housing Authority nor to any applicant funded by the Delaware State Housing Authority. This grant of power does not include the power to enact private or civil law concerning civil relationships, except as incident to the exercise of an expressly granted power, and does not include the power to define and provide for the punishment of felonies. This grant of power shall also include the power to impose and collect by ordinance a tax upon the transfer of real property situate within the unincorporated areas of the County, subject to the conditions and limitations provided in §8102 of this title.
(b) Construction. -- The powers of New Castle County shall be construed liberally in favor of the County, and specific mention of particular powers in this title shall not be construed as limiting in any way the general powers stated herein.
SYNOPSIS
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This bill allows New Castle County to create a special tax assessment for the purpose of providing funding for volunteer fire, ambulance and/or emergency medical technician services. |
