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HB6 • 2025

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE AUDITOR OF ACCOUNTS.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE AUDITOR OF ACCOUNTS.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Osienski
Last action
2025-06-30
Official status
Signed 6/30/25
Effective date
Not listed

Plain English Breakdown

Checked against official source text during the last sync.

HB6: Changes How the Auditor Issues and Delivers Subpoenas

This law lets the Delaware Auditor of Accounts issue subpoenas directly without asking a court clerk first, allows staff to deliver them, and sets rules for getting a court order if someone ignores one.

What This Bill Does

  • Removes the rule that required the Auditor to file a praecipe with the Superior Court prothonotary before issuing a subpoena.
  • Allows the Auditor to issue subpoenas directly to witnesses and organizations to get documents or testimony.
  • Permits the Auditor, their deputy, or designated staff to deliver (serve) these subpoenas instead of only using sheriffs.
  • Lets the Superior Court issue an order if a person refuses to follow a subpoena after being properly served.
  • States that ignoring such a court order can be punished as contempt of court.

Who It Names or Affects

  • The Delaware Auditor of Accounts
  • People or organizations who receive subpoenas from the Auditor
  • Staff members designated by the Auditor to deliver documents

Terms To Know

Subpoena
A legal order requiring a person to appear, give testimony, or provide evidence and documents.
Praecipe
A written request filed with the court clerk asking for an official action, such as issuing a subpoena.
Prothonotary
The chief clerk of the Superior Court who handles legal filings and records.

Limits and Unknowns

  • The official text does not list a specific date when this law becomes effective.
  • The bill makes technical corrections to match drafting standards, but it does not explain what those changes are in detail.

Bill History

  1. 2025-06-30 Delaware General Assembly

    Signed by Governor

  2. 2025-06-24 Delaware General Assembly

    Passed By Senate. Votes: 21 YES

  3. 2025-06-11 Delaware General Assembly

    Reported Out of Committee (Elections & Government Affairs) in Senate with 3 Favorable, 2 On Its Merits

  4. 2025-01-28 Delaware General Assembly

    Passed By House. Votes: 37 YES 4 ABSENT

  5. 2025-01-28 Delaware General Assembly

    Assigned to Elections & Government Affairs Committee in Senate

  6. 2025-01-22 Delaware General Assembly

    Reported Out of Committee (Administration) in House with 5 On Its Merits

  7. 2025-01-15 Delaware General Assembly

    Introduced and Assigned to Administration Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE AUDITOR OF ACCOUNTS.
This Act allows the Auditor of Accounts to issue subpoenas directly, removing a requirement that the Auditor first file a praecipe with the Superior Court prothonotary. It also allows the Auditor to effect service of such a subpoena, and to apply for a court order if a recipient fails to respond to a subpoena. Failure to comply with such a court order may be punished as contempt of court.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Rep. Osienski & Sen. Hansen

Reps. K. Johnson, Morrison, Hilovsky, Lambert; Sens. Sturgeon, Wilson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 6

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE AUDITOR OF ACCOUNTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 2910, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2910. Subpoena power.

(a) In connection with other powers of the Auditor of Accounts, the Auditor shall have the power to

administer oaths and compel the attendance of witnesses and the production of documents by the filing of a praecipe for a subpoena with the Prothonotary of any county of this State.

subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence, and require by subpoena the production of books, papers, records, or other evidence needed for the performance of the Auditor’s duties or exercise of the Auditor’s powers.

(b) A subpoena issued under this section

shall be

is

effective throughout this State.

(c) Service of such a subpoena

shall

may

be made

by the Auditor, the Auditor’s deputy, or other staff designated by the Auditor for purpose of serving a subpoena as follows:

by any sheriff of this State by serving the person to whom it is addressed personally or by leaving it at such person’s usual place of abode with a person of suitable age and discretion residing therein.

(1) Where the person served is an individual person, by one of the following:

a. Serving the person to whom it is addressed personally.

b. Leaving it at the person’s usual place of abode with an individual of suitable age and discretion residing therein.

c. Sending it by certified mail to the last known address of the person to whom the subpoena is addressed.

(2) Where the person served is a corporate or other entity, by one of the following:

a. Serving the registered agent personally or by certified mail.

b. Serving any individual authorized to accept service on behalf of the entity personally at that individual’s usual place of business, the place of business of the entity, or by certified mail.

(d)

Failure to obey a subpoena shall be punishable under the Rules of the Superior Court.

If a properly served recipient of a subpoena fails or refuses to respond, the Superior Court may, upon application by the Auditor, issue an order requiring the recipient of the subpoena to appear before the Auditor in response to the subpoena. Failure to obey such an order may be punished by the court as a contempt thereof.

SYNOPSIS

This Act allows the Auditor of Accounts to issue subpoenas directly, removing a requirement that the Auditor first file a praecipe with the Superior Court prothonotary. It also allows the Auditor to effect service of such a subpoena, and to apply for a court order if a recipient fails to respond to a subpoena. Failure to comply with such a court order may be punished as contempt of court.

This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.