Bill Text: DE SB149 | 2015-2016 | 148th General Assembly | Draft


Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To Properties Owned By The State.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Introduced - Dead) 2015-06-23 - Assigned to Community/County Affairs Committee in Senate [SB149 Detail]

Download: Delaware-2015-SB149-Draft.html


SPONSOR:

Sen. Bushweller & Sen. Pettyjohn & Rep. Carson

 

Reps. Bennett, Briggs King, Lynn, Paradee

DELAWARE STATE SENATE

148th GENERAL ASSEMBLY

SENATE BILL NO. 149

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PROPERTIES OWNED BY THE STATE.


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


Section 1. Amend Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§8318 Compensatory payments for certain exempt properties owned by the State.

(a) The county seat in each county shall appraise and assess real property taxes on all property owned by the State excluding properties owned by the Delaware Housing Authority, Delaware Solid Waste Authority, Delaware State University, or the University of Delaware, lying within their respective city limits. Each county seat shall annually submit statements of these appraisals and assessments unto the Secretary of the Department of Finance, said assessments and appraisals to be in accordance with their respective procedures for appraising and assessing real property.

(b) The Secretary of Finance shall examine and inspect the aforementioned assessment and appraisals and shall have all rights to question the assessments and appeal any decisions regarding the same. If the Secretary of Finance is satisfied that the assessments and appraisals are accurate, then the Secretary shall direct payment of the tax assessed to the County Seat. according to the following schedule:

(1) For those county seats with a population between 0—50,000 residents, the Secretary shall direct a payment of 30.8% of the tax assessed to said county seats.

(2) For those county seats with a population above 50,000 residents, the Secretary shall direct a payment of 100.0% of the tax assessed to said county seats.

(c) The total amount of payments made by the Secretary with respect to all county seats shall not exceed $3,000,000 in any state fiscal year.

(d) In any fiscal year, if total compensatory payments, as calculated under subsection (a) of this section, exceeds the amount allocated in subsection (c) of this section, then the payments to be received by each county seat shall be the product of $3,000,000 multiplied by a fraction, the numerator of which is the payment that would otherwise be due to a county seat under subsections (a) and (b) of this section and the denominator is the total of all compensatory payments that would otherwise be due to all county seats pursuant to subsections (a) and (b) of this section. The Secretary of Finance has the right to withhold payment to any county seat until the assessments and appraisals of all 3 counties have been submitted and verified.


SYNOPSIS

This legislation removes the disparate treatment of counties, making all three county seats eligible for the same percentage of reimbursement of real property taxes.

Author: Senator Bushweller

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