TRANSFER TAX LEGISLATION TABLED BUT WATCH OUT!
HB 420, legislation that raises the transfer tax by .32% (with an exemption for homes purchased at $150,000 or less) to fund capital construction at the Delaware Technical and Community College was tabled earlier this week in the House Education Committee. Committee Chairman Vincent Lofink, also Co-Chair of the Bond Bill Committee with jurisdiction over capital requests, was quoted as saying the bill should be considered by the Big Head Committee or the Bond Bill Committee. The Big Head Committee, a bi-partisan committee, was formed a couple of years ago to come up with solutions to key budget issues.
There are only 10 legislative days remaining in the 144th Delaware General Assembly. Anything can happen during these late night sessions. It is important for REALTORS® to remain vocal in opposition to any increase in the Real Estate Transfer Tax. For your legislator's contact information or the latest update, please contact Charlotte Herbert at 302-734-444, ext. 12 or charlotte@delawarerealtor.com.
If your representative is listed below, he or she is on the Bond Bill Committee or Big Head Committee. It's imperative that you contact them and oppose any increase in the real estate transfer tax. For talking points, visit www.delawarerealtor.com.
Bond Bill Committee:
Rep. Vincent A. Lofink (Chair)
Rep. V. George Carey
Rep. Gregory F. Lavelle
Rep. Donna D. Stone
Rep. Michael P. Mulrooney
Rep. John J. Viola
Gerald W. Hocker (Alt)
Rep. Nick T. Manolakos (Alt) |
|
Sen. Robert L. Venables, Sr. (Vice-Chair)
Sen. Patricia M. Blevins
Sen. Nancy W. Cook
Sen. Harris B. McDowell, III
Sen. F. Gary Simpson
Sen. John C. Still, III |
Big Head Committee:
Rep. Richard C. Cathcart
Rep. Robert F. Gilligan
Rep. Clifford G. Lee
Rep. William A. Oberle
Rep. Helene M. Keeley
|
|
Sen. Anthony J. DeLuca
Sen. Patricia M. Blevins
Sen. Liane M. Sorenson
Sen. Nancy W. Cook
Sen. John C. Still
|
EMINENT DOMAIN LEGISLATION TO BE CONSIDERED IN THE SENATE:
SB 245, legislation preventing takings for economic development purposes, is scheduled for consideration in the Senate on Tuesday, June 10th. DAR's legislation is in draft form and will have a bill number next week. The legislation addresses the definition of blight, ensures that a substantive procedural process must be followed in order to use eminent domain as a tool of last resort and ensures just compensation.
TAX DITCHES:
A House Substitute for HB 189, currently in draft form, is expected to be considered in the House Agriculture Committee next Wednesday, June 11th. The new legislation is a result of the Tax Ditch Advisory Committee of which DAR President-Elect Lauren Alberti is a member. The legislation says that once a tax ditch has been constructed, rights-of-way shall have the maximum extension defined as follows: Tax ditches with a designed 3' - 4' bottom width would have a right of way of 80' from the top of the bank or existing construction right-of-way, whichever is less; 5' - 10' would be 120'; and greater than 10' would be the existing construction and major maintenance right-of-way as filed in the original court order. The legislation also provides for a grandfathering of existing permanent structures in the right-of-way.
STATE RESOURCE AREAS:
HB 268 and HB 269 were reported out of the House Energy and Natural Resources Committee on June 4th. HB 268 ensures that natural areas will be subject to local zoning regulations unless and until formally acquired. HB 269 requires that the land use requirements established under Title 7 only apply to lands that have been permanently protected. The bills may be considered on the House floor as early as next week.
POLLUTION CONTROL STRATEGY FOR THE INLAND BAYS:
The Department of Natural Resources and Environmental Control will hold a Public Hearing on the proposed regulations on Monday, June 23rd, 2008 at 6 pm at the Georgetown CHEER Center, 20520 Sandhill Road, Georgetown, DE 19947. The proposed PCS is available for public review on the DNREC website at
www.dnrec.delaware.gov or by calling 302-739-9939. You may submit written comments during the public comment period beginning June 1, 2008 and ending June 30, 2008 at 4:30 pm. Comments should be sent to: John Schneider, DNREC, Division of Water Resources, Watershed Assessment Section, 820 Silver Lake Blvd., Suite 220, Dover, DE 19904-2464; facsimile: 302-739-6140; email:
john.schneider@state.de.us. Electronic submission is preferred.
DAR INTERVIEWS GUBERNATORIAL CANDIDATES:
DAR is in the process of interviewing candidates for Governor and Lt. Governor. A team of REALTORS
® has met with several candidates thus far talking about issues important to REALTORS
® and those we represent, including land use and the state's role in land use, environmental regulations, transfer tax, rent control, individual and small business access to health care and many others.
ENERGY ISSUES SURVEY DEADLINE EXTENDED:
The Delaware Energy Office has announced the deadline to complete the Energy Issues Survey has been extended to June 15. Delaware residents are encouraged to complete the survey to provide input on a new Five-Year Energy Plan. Delaware residents can access the survey on the following websites:
www.energy.dnrec.delaware.gov or
www.delaware-energy.com.
The Governor's Energy Advisory Council (GEAC) has been tasked with updating Delaware's Energy Plan. The GEAC will meet during the next seven months to complete the energy planning process. The guiding principles for this effort include: increasing energy and end-use efficiency and conservation, reducing the environmental impacts of energy used and generated in Delaware, reducing energy used for transportation, maximizing clean energy economic development opportunities, maintaining and improving the reliability and security of Delaware's energy systems and minimizing energy-related costs and impacts on Delaware citizens
Examples of energy issues included on the survey are energy efficiency, transportation energy costs, climate change, land use issues, greenhouse gas emissions, agricultural energy use, energy technology-based economic development and more. For more information contact Charlie Smisson at the Delaware Energy Office at 302-735-3480.
BALD EAGLE REGULATIONS POSTPONED:
The DNREC Division of Fish and Wildlife announced the newly proposed Bald Eagle Protection Regulation has been postponed so the Division can incorporate information and recommendations received at a May 28 public workshop.
A new date for the public hearing has not been scheduled and will be dependent upon completion of the revised regulation, as the Division will be starting the regulatory process over again. Additional workshops and a new public hearing will be scheduled to give the public the opportunity to review the revised new regulation.
The hearing record will remain open for written comments during the revision period. All comments previously received by the Department will remain part of the hearing record and need not be re-submitted. Citizens may address written comments on the proposed regulation to the Wildlife Section, Division of Fish and Wildlife, 89 Kings Highway, Dover, DE 19901, or email comments to karen.bennett@state.de.us or christopher.heckscher@state.de.us, or to DNREC Hearing Officer Lisa Vest at lisa.vest@state.de.us.
