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SB 163 DE
Became Law

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO FARMS.

DE · session 151 · Senate · bill

A state bill is a proposed law in a state legislature — separate from the U.S. Congress. Learn more →

Introduced Jun 3, 2021

Latest action (Jul 28, 2022) Signed by Governor

Summary

This Act more closely aligns the meaning of agricultural, horticultural, and forestry land use with the U.S. Census Bureau’s definition of “farm,” which, since the 1974 Census, has included “any place from which $1,000 or more of agricultural products were produced and sold . . . during the year.” This alignment will ensure a more equitable tax treatment of farms throughout Delaware. Under this Act, the use qualifies as agricultural, horticultural, or forestry only if, during the applicable year, the use results in $1,000 or more of products being produced or sold, the owner of the land files a Schedule F (Profit or Loss From Farming) form with the U.S. Internal Revenue Service, and the use is made on at least 10 acres. “Applicable year” means the calendar year immediately before the February 1 that an application for valuation is due under § 8334(3) of Title 9. This Act keeps the existing Delaware law that allows contiguous parcels to be combined to reach the required threshold. This Act also clarifies that an application for valuation must be submitted on the next official business day if February 1 falls on a weekend day or legal holiday. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including citing to § 8333 within § 8334, both of Title 9, instead of duplicating identical language in 2 places in the Code.

Sponsors (2)

  • Dave G. Lawson Republican · primary
  • Sherry Dorsey Walker · primary
10 coauthors / cosponsors

Action history (13)

  1. Jun 3, 2021 Introduced and Assigned to Agriculture Committee in Senate · upper
  2. Jun 24, 2021 Amendment SA 1 to SB 163 - Introduced and Placed With Bill · upper
  3. Jun 7, 2022 Amendment SA 2 to SB 163 - Introduced and Placed With Bill · upper
  4. Jun 28, 2022 Reported Out of Committee (Agriculture) in Senate with 1 Favorable, 4 On Its Merits · upper
  5. Jun 28, 2022 Amendment SA 3 to SB 163 - Introduced and Placed With Bill · upper
  6. Jun 28, 2022 Amendment SA 1 to SB 163 - Stricken in Senate · upper
  7. Jun 28, 2022 Amendment SA 2 to SB 163 - Stricken in Senate · upper
  8. Jun 28, 2022 Amendment SA 3 to SB 163 - Passed By Senate. Votes: 21 YES · upper
  9. Jun 28, 2022 Passed By Senate. Votes: 21 YES · upper
  10. Jun 29, 2022 Assigned to Agriculture Committee in House · lower
  11. Jun 30, 2022 Suspension of Rules in House · lower
  12. Jun 30, 2022 Passed By House. Votes: 40 YES 1 ABSENT · lower
  13. Jul 28, 2022 Signed by Governor · executive

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