SB 230 Delaware Senate · 153rd General Assembly (2025-2026)

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO SUBPOENA POWER.

Summary
This Act is a substitute bill for Senate Bill No. 230 and differs from Senate Bill No. 230 by removing the language related to Section 284 of the Delaware General Corporation Law. This Act defines, for purposes of this section, “county authority” as the Chief Financial Officer of the Office of Finance, the Director of the Department of Finance of Kent County, and the Finance Director of Sussex County. This Act expressly authorizes the county authority to compel the production of testimony and documentary evidence whenever a county relies upon, or defends its reliance upon, the income approach or cost comparison approaches to assess the fair market value of real property. This Act permits the enforcement of subpoenas by order of the Superior Court and permits use of the court’s contempt powers.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Jan 2026
Senate Passage
Mar 2026
House Passage
Mar 2026
Signed into Law
Mar 2026
Introduced Jan 22, 2026 Signed Mar 12, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

HA 1 to SS 1 for SB 230 Bill Text · 8 edits
MODERATE
The Senate replaced the House-amended version of SB 230 with a new substitute that broadens the subpoena power to cover all real property (not just non-residential), adds detailed service-of-process procedures and explicit contempt enforcement, but drops the House's 2-year sunset, 1-year reporting requirement, and explicit FOIA confidentiality protections. The net effect is a more powerful and permanent tool for county assessors to compel financial information from property owners using income or cost comparison approaches.
SCOPE

The House amendment restricted the subpoena power to non-residential real property only. The new Senate substitute removes that restriction, applying the power to all real property whenever income or cost comparison approaches are used for assessment.

A provision was added stating the subpoena is effective throughout Delaware and may be enforced in other states or countries through available legal means.

TIMELINE

The 2-year sunset provision (Act expires 2 years after enactment unless extended) was removed from the new version, making the subpoena power permanent.

ENFORCEMENT

The requirement that each county deliver a report to the Governor and General Assembly within 1 year (covering number of subpoenas issued, response rates, court enforcement actions, difficulties, and recommendations) was removed.

Explicit contempt-of-court enforcement provisions were added in two subsections: one for failure to respond after a court order, and another for willful refusal to produce documents or testify, including authority to direct orders to corporate officers.

REQUIREMENT

The explicit provision that testimony and documents produced under subpoena are not public records under FOIA and must be treated confidentially was removed from the new text.

DEFINITION

A formal definition of 'county authority' was added, specifying it means the Chief Financial Officer of the Office of Finance, the Director of the Department of Finance of Kent County, or the Finance Director of Sussex County.

TECHNICAL

Detailed service-of-process procedures were added, covering both individuals (personal service, leaving at abode, certified mail) and corporate entities (registered agent, authorized representative).

Floor votes · House Mar 10, 2026

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
11
Key actions
7
Committee
1
Amendments
4
Mar 12, 2026
Signed into law
Signed by Governor
executive
Mar 11, 2026
Upper · Passed
Passed By Senate. Votes: 16 YES 1 NO 3 NOT VOTING 1 ABSENT
upper
Mar 10, 2026
Lower · Passed
Passed By House. Votes: 37 YES 4 ABSENT
lower
Mar 10, 2026
Lower · Passed
Amendment HA 1 to SS 1 - Passed In House by Voice Vote
lower
Mar 5, 2026
Introduced
Amendment HA 1 to SS 1 - Introduced and Placed With Bill
upper
Jan 28, 2026
Lower · Passed
Reported Out of Committee (Administration) in House with 3 On Its Merits
lower
Jan 22, 2026
Introduced
Assigned to Administration Committee in House
lower
Jan 22, 2026
Upper · Passed
Passed By Senate. Votes: 15 YES 1 NO 4 NOT VOTING 1 ABSENT
upper
Jan 22, 2026
Upper · Passed
Amendment SA 1 to SS 1 - Passed By Senate. Votes: 20 YES 1 ABSENT
upper
Jan 22, 2026
Introduced
Amendment SA 1 to SS 1 - Introduced and Placed With Bill
upper
Jan 22, 2026
Introduced
was introduced and adopted in lieu of SB 230
upper
13 primary · 0 co-sponsors

Sponsors