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Committee backs constitutional change to stop automatic millage 'use‑it‑or‑lose‑it' rule

April 27, 2026 | 2026 Legislature DE, Legislative, Delaware


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Committee backs constitutional change to stop automatic millage 'use‑it‑or‑lose‑it' rule
The Senate Committee on Revenue and Fiscal Affairs on April 27 advanced a proposed constitutional amendment, House Bill 570, that would remove the current requirement for local taxing authorities to automatically roll their maximum millage forward between reassessments.

Representative Wilder, who sponsored the amendment, told the committee the current rule compels districts to levy top millage rates they do not need. "Our constitution forces us to overtax our residents and our businesses," he said, arguing the change would allow governing bodies to set fiscally responsible rates without fearing a permanent loss of their maximum rate.

Wendy Thibodeaux, parish assessor, told the committee she twice had to levy her jurisdiction's maximum rate in 2019 despite not needing the revenue, and then saw the rate rolled back after reassessment. "There were two times that I overtaxed my constituents when it wasn't necessary," she said, urging the committee to approve the amendment.

Committee members pressed on practical effects. Senator Morris asked whether prior opposition at the ballot box had stemmed from industry groups; Thibodeaux and the sponsor said earlier opponents later supported the measure after the rule’s mechanics were explained. Senators also discussed how the amendment would change local budgeting incentives for fire, ambulance and parks districts.

The committee reported HB 570 favorable by voice vote after Senators indicated support and no member objected.

The bill will next move toward the House of Origin's floor process and — if passed — would require placement on the ballot as a constitutional amendment.

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