SPONSOR:

Rep. Caulk & Rep. Hudson &

Sen. Sharp & Sen. Simpson; Reps. Buckworth, Carey, B. Ennis, Ewing, Keeley, Lee, Quillen, Schroeder, Valihura, Viola, West, Williams; Sens. Adams, Bunting, Cook, Vaughn, Venables

HOUSE OF REPRESENTATIVES

141st GENERAL ASSEMBLY

HOUSE BILL NO. 626

AN ACT TO AMEND TITLE 30, DELAWARE CODE, RELATING TO REALTY TRANSFER TAX AND FUNDING OF AGRICULTURAL LAND PRESERVATION.

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

Section 1. Amend § 5402, Chapter 54, Title 30, Delaware Code by striking the percentage "2 percent" and wherever it appears therein and substituting in lieu thereof the number "2.5 percent".

Section 2. Amend § 5402(f), Chapter 54, Title 30, Delaware Code by striking the percentage rate of "1%" as stated therein and substituting in lieu thereof the percentage rate of "1.5%".

Section 3. Amend § 5402, Chapter 54, Title 30, Delaware Code by adding a new subsection to read as follows:

"(g) Notwithstanding subsections (a) through (f) of this Section, first time home buyers shall be exempt from 20% of the tax imposed upon said buyer pursuant to this Section.".

Section 4. Amend § 5415(a)(1) and (2), Chapter 54, Title 30, Delaware Code by striking said paragraphs in their entirety and substituting in lieu thereof the following:

"(1) Fifty-five percent to the Division of Revenue;

(2) Twenty percent to the State Treasurer to be deposited in a special fund for distribution pursuant to the Delaware Agricultural Lands Preservation Program; and

(3) Twenty-five percent to the State Treasurer to be deposited in a special fund for distribution to municipalities and Counties in accordance with this Section.".

SYNOPSIS

This Bill increases the State's realty transfer tax rate .5% and allocates 20% of the State's realty transfer tax revenues to funding agriculture land preservation.