CHAPTER 142

FORMERLY

SENATE BILL NO. 172

AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO DELAWARE TAXES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fifths of all members elected to each house thereof concurring therein):

Section 1. Amend § 1124, Title 30 of the Delaware Code by striking the heading thereof in its entirety and substituting in lieu thereof the following new section heading:

"§1124. Income derived from sources in Delaware."

Section 2. Amend §1174(a), Title 30 of the Delaware Code, by striking the reference "§1122" as it appears in said section and substituting in lieu thereof the reference "§1124".

Section 3. Amend §2011(b), Title 30 of the Delaware Code, by striking the date "July

1, 1984" as it appears in paragraph (1) of said subsection and substituting in lieu thereof the phrase "the last day of the taxable year immediately preceding the taxable year in which such qualified facility is placed in service by the taxpayer".

Section 4. Amend §2301, Title 30 of the Delaware Code, by striking subsections (i) through (n) of said section in their entirety.

Section 4. Amend §2701(2), Title 30 of the Delaware Code, by striking the period "." at the end of said subsection and substituting in lieu thereof the following phrase: but does not include the making, crafting, or painting of art or craft objects by individual artists or craftpersons.".

Section 6. Amend §2905(e), Title 30 of the Delaware Code, by striking said subsection in its entirety.

Section 7. Amend §5506(a), Title 30 of the Delaware Code, by striking the reference "§2901(7)d." as it appears therein and substituting in lieu thereof the reference "P901(7)".

Section 8. Amend Title 30 of the Delaware Code by repealing Chapter 39 of said title in its entirety.

Section 9. Amend §2908, Chapter 29, Title 30, of the Delaware Code by adding thereto a new subsection (j) to read as follows:

"(j) §P905 and 2906 of this title shall not apply to non-profit organizations exempt from federal income tax under §501(c) of the Internal Revenue Code of 1986 (26 U.S.C. §501(c) as amended."

Section 10. Amend §535(c), Title 30 of the Delaware Code by adding to the end of said subsection the following sentence:

The term 'person' as used in this subsection, includes an officer or employee of a corporation, or a member or employee of a partnership, who, as such officer, employee, or member is under a duty to perform the act in respect of which the violation occurs."

Section 11. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared severable.

Section 12. §§3 and 10 of this Act are intended to express the original intent of the General Assembly with regard to the provisions of law amended by those section. These sections are therefore effective to the fullest extent possible as of the effectiveness of the provisions (or their predecessor provisions) that are amended by such sections. §§5 and 8 shall be effective for tax periods commencing after December 31, 1995, All other provisions of this Act shall be effective upon its enactment into law.

Approved July 6, 1995