This Senate Concurrent Resolution extends the congratulations and best wishes of the members of the Delaware General Assembly to the students, staff, and directors of the Elizabeth W. Murphey School in recognition of the 100th Anniversary of the founding of the school in October 1922.
Rep. Lyndon Yearick
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This House Concurrent Resolution recognizes the 38 years of service of the Family Law Commission and its many dedicated members who served on the Commission.
This legislation imposes a new, elective entity-level tax on the income of partnerships and S-corporations, each of which are commonly referred to as “pass-through entities” for tax purposes. Prior to this legislation, the income of a pass-through entity was subject to the personal income tax of the owner in proportion to the ownership interest in the entity. In 2017, federal tax law reduced from an unlimited amount to $10,000 the amount an individual can claim as an itemized deduction for state and local taxes paid on an individual taxpayer’s annual tax return. State and local income taxes are commonly referenced to for tax purposes as “SALT” taxes. This 2017 federal limitation on the itemized deduction for SALT taxes included state taxes paid on the income of a pass-through entity and, as a result, materially limited the federal tax benefit of state income taxes paid personally by an owner on the taxable income of a pass-through entity. Consistent with guidance from the United States Department of the Treasury and the Internal Revenue Service as published in Internal Revenue Service Notice 2020-75, 2020-49 I.R.B. 1453, this legislation will enable the pass-through entity, rather than the owners of a pass-through entity, to take a federal tax deduction for SALT taxes elected to be paid by the pass-through entity. Accordingly, this legislation, conceptually similar to legislation enacted in more than 25 other states, will mitigate the new federal limitation on the personal itemized deduction for SALT taxes that otherwise would have been paid personally by an owner on the taxable income of a pass-through entity. Generally, the approach undertaken by this legislation follows a two-step process. First, an eligible pass-through entity that elects to pay the new entity-level tax, computes and pays Delaware income tax on income taxable in the State, which income, in the absence of the election, would have been subject to Delaware income tax at the individual level for each member of the entity. All income tax elected to be paid by the pass-through entity is taxed at 8.7%. Second, the electing pass-through entity allocates modified income to its members in proportion to their ownership interest in the entity, for which allocation each member is entitled to a reduction from federal adjusted gross income for individual State income tax purposes.
This concurrent resolution creates the School Violence Task Force to make findings and recommendations to ensure children feel safe travelling to and from school and within the school building for adequate learning to occur.
This bill creates the Grants-In-Aid Committee. The Committee is a joint committee of the Senate and House of Representatives. The purpose of the Committee is to view applications for grants-in-aid and to develop and recommend to the Joint Finance Committee the grants-in-aid appropriations bill.
This Act decreases by 1% the rate of realty transfer tax to be received by the State, thereby returning to the rate that was applicable prior to August 1, 2017. This will be effective for documents recorded after July 1, 2022.
This bill creates a special license plate for Whitetails Unlimited.
This Act provides state employees 30 days of leave with pay to attend training camp or special duty on orders as members of the military reserve of the United States or the National Guard. This is an increase from 15 days leave with pay currently provided.
This bill seeks to create the Expanded Protection for Our Communities and Homes (EPOCH) Grant Program through a one-time appropriation of $20 million. The grant money would be distributed to every Delaware police agency that chooses to participate. The distribution would consist of a minimum standard allocation made to each agency and an allocation based on the number of uniformed officers authorized for each agency. EPOCH grants could be used by the recipient agencies to recruit new officers; promote or encourage careers in law enforcement; initially pay the salaries of newly hired officers; pay for overtime to facilitate additional work to address issues of local concern (including traffic enforcement); and implement programs designed to improve public safety in the area of the agency’s jurisdiction. The grant allocations would be available for the agencies to use for up to three years, after which any unused and unencumbered funding would return to the General Fund.
This bill expedites the issuance of a temporary entrance permit for commercial and economic development projects.