Delaware General Assembly

Passed 3/10/26

SS 1 for SB 230 w/ SA 1 + HA 1

3/5/26

Burns

This amendment makes the following changes to Senate Substitute No. 1 for Senate Bill No. 230, as amended by Senate Amendment No. 1: (1) It restricts the subpoena power to non-residential properties only; (2) It clarifies that objections and exceptions to a subpoena will be handled under the pre-existing rules and standards of the courts for adjudicating administrative subpoenas, see, e.g., State v. AT&T, 253 A.3d 537 (Del. 2021) (adopting the procedures and substance followed by the federal courts in administrative subpoena enforcement); (3) Explicitly removes records produced under this section from the definition of public records for purposes of FOIA and requires such records to be treated confidentially and used and disseminated only for purposes relevant to assessment or valuation of real property; (4) sunsets this Act after 2 years unless otherwise provided by a subsequent act of the General Assembly; (5) requires a report from each county after 1 year regarding implementation of this Act.

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