CHAPTER 56

FORMERLY

HOUSE BILL NO. 147

AN ACT TO AMEND LAWS OF DELAWARE, VOLUME 43, CHAPTER 189, AS AMENDED, THE CHARTER OF THE TOWN OF WYOMING, RELATING TO THE POWER OF THE TOWN OF WYOMING TO IMPOSE AND COLLECT A REALTY TRANSFER TAX.

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

Section 1. That Section 18 of the Chapter 189, Volume 43, Laws of

Delaware, be and the same is hereby amended by inserting a new paragraph between the first and second paragraphs thereof, to read as follows:

"Notwithstanding any statute to the contrary, the .Town of Wyoming shall have the power by ordinance to impose and collect a tax, to be paid by the transferor or transferee as determined by Council, upon the transfer of real property within the Town, not to exceed one percent (1%> of the value of the real property as represented by the document transferring the real property. The provisions of Section 5401 and Section 5403 of Chapter 54, Title 30, of the Delaware Code shall apply with respect to any realty transfer tax imposed by the Town of Wyoming pursuant to the authority granted herein. The Town Council of the Town of Wyoming may adopt an ordinance or ordinances to provide for the effective administration and regulation of any realty transfer tax adopted pursuant to the authority granted herein. If the taxing power and authority granted herein shall be exercised by way of a stamp affixed to a document, the Recorder of Deeds in and for Kent County shall not receive for record documents subject to said tax unless stamps provided by the Town of Wyoming are affixed thereto showing payment of tax."

Approved June 25, 1991.