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Senate passes bill limiting county subpoena power in property reassessments
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Summary
The Delaware Senate passed Senate substitute 1 for SB230 on March 11, 2026, restricting county subpoena power to nonresidential properties during property-tax reassessment quality-assurance reviews, adding confidentiality rules and a two-year sunset; the vote was 16–1 with three not voting and one absent.
The Delaware Senate on March 11 passed Senate substitute 1 for Senate Bill 230, a measure that narrows counties’ subpoena authority during property-tax reassessment quality-assurance processes and places limits on how records produced under that authority are treated.
The bill, as described on the chamber floor, permits counties to issue subpoenas only for nonresidential properties while conducting quality-assurance reviews of reassessments. The floor sponsor said the House amended the bill to “restrict the subpoena power to nonresidential properties only,” clarify grounds for objections and exceptions, and require that subpoenas be adjudicated under preexisting court standards for administrative subpoenas.
“It would also explicitly remove records produced under this section from the definition of public records for the purposes of FOIA and requires such records to be treated confidentially and used and disseminated only for purposes relevant to the assessment or evaluation of real property,” the floor sponsor said on the Senate floor.
The sponsor told senators the act would sunset after two years unless the General Assembly extends it and that counties must file a report after one year on how the authority was implemented.
Senate floor proceedings recorded 16 yes votes, 1 no vote, 3 senators not voting and 1 absent. The Secretary announced the recorded no vote as Senator Richardson; Senators Hawker, Lawson and Patty John were recorded as not voting, and Senator Buxton was absent.
Supporters argued the change provides counties a targeted tool for verifying commercial-property valuations while imposing confidentiality limits; critics raised procedural concerns during the roll call. With passage in the Senate, the measure moves to the next step in the legislative process for consideration in conference or final enrollment as required.
The reading clerk identified the bill as an amendment to Title 9 of the Delaware Code relating to subpoena power and listed sponsors on the floor record. The Senate declared the substitute passed and closed debate.
