SB 228 Delaware Senate · 153rd General Assembly (2025-2026)

AN ACT TO AMEND TITLES 9 AND 14 OF THE DELAWARE CODE RELATING TO COUNTY ASSESSMENTS AND TAX COLLECTION.

Summary
This Act is a substitute bill for Senate Bill No. 228. It combines Senate Bill No. 228 and Senate Amendment No. 1 to Senate Bill No. 228. This Act differs from Senate Bill No. 228 by intending to maximize the amount of time New Castle County will have in 2026 to conduct a quality control review of non-residential property assessments and make any adjustments to assessed values while also ensuring sufficient time for the preparation of county and school tax bills in New Castle County with a December 31, 2026 payment deadline: 1. Adjusts the date by which New Castle County must complete its Quality Control review and make any adjustments to assessed values to September 30, 2026. 2. Adjusts the tax "due and payable" date, which is an existing statutory term that is different from a payment deadline, to October 12, 2026. 3. Adjusts the date by which New Castle County must mail out tax statements to November 16, 2026. 4. Adjusts the deadline for payment of tax bills to December 31, 2026. 5. Confirms that penalties for unpaid amounts do not begin until January 1, 2027. This Act also differs from Senate Bill No. 228 by changing the date by which a school board in New Castle County must deliver its warrant to New Castle County to October 22, 2026, and clarifying the State shall advance monies to any school district that experiences a shortfall as a result of the changes in this Act. Like Senate Bill No. 228, this Senate Substitute 1 for Senate Bill No. 228 is designed to promote fairness in property assessments and property taxation in New Castle County. The Act provides New Castle County the authority to conduct a quality control review of a tax parcel’s new assessed value after a general reassessment when any of the following conditions exist: 1. A clerical, mathematical, or factual mistake occurred during the new general reassessment. 2. A non-residential tax parcel whose assessed value from the general reassessment is at least $300,000 but decreased from its previous assessed value. 3. A non-residential tax parcel’s assessed value from the new general reassessment is at least $300,000 and the percentage change in its newly assessed value from its assessed value prior to the new general reassessment is no greater than 50% of the median increase of non-residential properties in that county from the new general reassessment. 4. A non-residential tax parcel’s assessed value from the new general reassessment is at least 25% less than the actual sale price from the parcel’s most recent sale within the 5 years preceding the new general reassessment, whenever the actual sale price is determinable by public records. The quality control review grants the Office of Finance the power to make revisions and corrections to a tax parcel while adhering to the standards of §§ 8306(a), 8312, and 8321 of Title 9. The Act sets deadlines for the Office of Finance to make adjustments to assessed values and to finalize and mail tax statements. This Act also amends Title 14 to provide a deadline for school boards in New Castle County to deliver their warrants and directs the State to advance funding if a school district experiences a shortfall of funding as a result of the changes in this Act. This Act expires on March 31, 2027, unless otherwise provided by a subsequent act of the General Assembly.
Bill status passed both 4 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Jan 2026
Senate Passage
Jan 2026
House Passage
Jan 2026
Governor
Introduced Jan 22, 2026 Last action Feb 11, 2026
Maddy AI version diff · 1 comparison

What changed between versions

HA 2 to SS 1 for SB 228 Bill Text · 8 edits
MODERATE
SB 228 was transformed from a narrow House Amendment (which only clarified that quality control parameters were not limitations on New Castle County's revision authority) into a full standalone Senate Substitute Act. The new version establishes a detailed quality control mechanism for New Castle County's property reassessments with specific monetary and percentage triggers, sets a series of deadlines running through December 31, 2026 for completing reviews and collecting taxes, provides for State funding advances to school districts that experience shortfalls, and expires on March 31, 2027.
SCOPE

The bill was rewritten from a narrow amendment clarifying county authority into a comprehensive standalone act with its own section numbering under Title 9 (Section 8345) and Title 14 (Section 1916), giving it independent legal force rather than amending prior text.

Sponsorship changed from Rep. Romer alone in the House to Sen. Cruce and Rep. Romer with additional co-sponsors from both chambers (6 Senators and 8 Representatives), reflecting broader bipartisan support for the expanded bill.

REQUIREMENT

New quality control triggers for New Castle County: (1) clerical, mathematical, or factual mistakes; (2) non-residential parcels valued at $300,000 or more that decreased in assessed value; (3) non-residential parcels valued at $300,000 or more where the percentage change is no greater than 50% of the median increase for non-residential properties; (4) non-residential parcels valued at least 25% less than the actual sale price from the most recent sale within 5 years.

TIMELINE

Specific deadlines established: quality control review and corrections must be completed by September 30, 2026; taxes due and payable October 12, 2026; tax statements mailed by November 16, 2026; payment deadline December 31, 2026; penalties begin accruing January 1, 2027.

The entire Act expires on March 31, 2027, unless extended by subsequent legislation, making this a temporary measure tied to the post-reassessment correction period.

FISCAL

School boards in New Castle County must deliver warrants by October 22, 2026 (instead of the usual second Thursday in July). If a school district experiences a shortfall of local school funds as a result, the State shall advance monies from State Division I funds.

ENFORCEMENT

Penalty structure for unpaid taxes: 6% of the current charge plus 1% of the unpaid principal balance per month starting January 1, 2027. The same penalty rate applies to supplemental tax bills beginning the first day of the third month from when the tax became due.

ELIGIBILITY

A provision explicitly states that the quality control mechanism does not create a private cause of action to force or mandate the Office of Finance to conduct a review on any specific parcel, limiting enforcement to the county's own discretion.

Floor votes · House Jan 29, 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
5
Committee
1
Amendments
4
Jan 29, 2026
Upper · Passed
Passed By Senate. Votes: 15 YES 6 NOT VOTING
upper
Jan 29, 2026
Lower · Passed
Passed By House. Votes: 35 YES 3 NO 3 NOT VOTING
lower
Jan 29, 2026
Lower · Passed
Amendment HA 2 to SS 1 - Passed In House by Voice Vote
lower
Jan 29, 2026
Introduced
Amendment HA 1 to SS 1 - Stricken in House
lower
Jan 29, 2026
Introduced
Amendment HA 2 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 27, 2026
Introduced
Amendment HA 1 to SS 1 - Introduced and Placed With Bill
upper
Jan 22, 2026
Introduced
Assigned to Administration Committee in House
lower
Jan 22, 2026
Upper · Passed
Passed By Senate. Votes: 15 YES 5 NOT VOTING 1 ABSENT
upper
Jan 22, 2026
Introduced
was introduced and adopted in lieu of SB 228
upper
13 primary · 0 co-sponsors

Sponsors