CHAPTER 130

FORMERLY

SENATE BILL NO. 56

AN ACT CONCURRING IN A PROPOSED AMENDMENT TO SECTION 1, ARTICLE VIII OF THE CONSTITUTION OF THE STATE OF DELAWARE RELATING TO TAXATION AND THE POWER OF COUNTIES AND INCORPORATED MUNICIPALITIES TO EXEMPT PROPERTY WITHIN THEIR RESPECTIVE BOUNDARIES FROM PROPERTY TAXATION.

WHEREAS, an amendment to the Constitution of the State of Delaware was proposed in the 128th General Assembly, being Chapter 521, Volume 60, Laws of Delaware, as follows:

"AN ACT PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII OF THE CONSTITUTION OF THE STATE OF DELAWARE RELATING TO TAXATION AND THE POWER OF COUNTIES AND INCORPORATED MUNICIPALITIES TO EXEMPT PROPERTY WITHIN THEIR RESPECTIVE BOUNDARIES FROM PROPERTY TAXATION."

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (two-thirds of all the members elected to each House thereof concurring therein):

Section 1. Amend §1, Article VIII of the Constitution of the State of Delaware by striking the first paragraph of said section in its entirety and substituting in lieu thereof a new paragraph to read as follows:

All taxes shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax, except as otherwise permitted herein, and shall be levied and collected under general laws passed by the General Assembly. County Councils of New Castle and Sussex Counties and the Levy Court of Kent County are hereby authorized to exempt from county taxation such property in their respective counties as in their opinion will best promote the public welfare. The county property tax exemption power created by this section shall be exclusive as to such property as is located within the respective counties. With respect to real property located within the boundaries of any incorporated municipality, the authority to exempt such property from municipal property tax shall be exercised by the respective incorporated muhicipality, when in the opinion of said municipality it will best promote the public welfare."

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (two-thirds of the members elected to each branch thereof concurring therein):

Section 1. The said proposed amendment is agreed to and adopted and shall forthwith become a part of the Constitution of the State of Delaware.

Approved June 29, 1977.