Delaware 2023-2024 Regular Session

Delaware Senate Bill SB218

Introduced
2/29/24  
Introduced
2/29/24  

Caption

An Act Proposing An Amendment To Article Viii Of The Constitution Of The State Of Delaware Relating To The Power Of The State To Impose Taxes Upon The People Of The State Of Delaware.

Impact

If passed, SB218 would directly alter the Delaware Constitution to clearly define and restrict the state's ability to use tax revenues. This amendment requires two-thirds approval from both houses of the General Assembly, representing a substantial shift towards more limited government intervention in personal finances. The proponents of the bill argue that this change is necessary to prevent the state from overstepping its authority and coercing citizens through excessive taxation. Consequently, the bill could lead to a reevaluation of existing tax policies, prioritizing only essential governmental functions.

Summary

Senate Bill 218 proposes a constitutional amendment to Article VIII of the Delaware Constitution, aiming to restrict the state's power to impose taxes solely for the purpose of financing necessary and essential government operations. The bill's main intent is to deter the potential abuse of taxing authority by limiting the purposes for which taxes can be levied. By enshrining these restrictions in the state constitution, the bill seeks to protect residents from what it terms 'abusive, coercive, and destructive taxing schemes.' This legislation introduces significant changes to how taxation powers are understood and exercised in Delaware.

Sentiment

The sentiment around SB218 appears to be highly polarized. Supporters, primarily from Republican circles, laud the initiative as a critical step towards governmental accountability and protection for citizens against potential overreach. They emphasize its importance in fostering a more responsible tax environment. In contrast, opponents, including some Democratic lawmakers, flag concerns that the bill's restrictions could further limit funding for important social programs and initiatives that rely on taxation. The debate encapsulates broader philosophical differences on the role of government in society and fiscal responsibility.

Contention

Notable points of contention stem from fears that limiting taxation to essential services may hinder the state’s ability to address emerging challenges requiring funding, such as public health and education. Critics argue that the phrasing of the bill is vague, potentially leading to legal disputes over what constitutes 'necessary and essential government operations.' This contention suggests a deeper ideological divide regarding the balance of power between state government and the rights of individual taxpayers, as well as the scope of governmental responsibilities.

Companion Bills

No companion bills found.

Similar Bills

WV HB3332

Creating judicial circuits and assigning the number of circuit judges in each circuit to be elected in the 2024 election

WV HB3330

Creating family court circuits and assigning the number of family court judges in each family court circuit to be elected in the 2024 election

WV HB3329

Creating judicial circuits and assigning the number of circuit judges in each circuit to be elected in the 2024 election

NJ SCR72

Proposes constitutional amendment authorizing Legislature to invalidate certain court decisions.

NJ SCR73

Proposes constitutional amendment authorizing Legislature to invalidate certain court decisions.

NJ SCR83

Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.

NJ SCR96

Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.

CA ACA13

Voting thresholds.