HA1TOSB325 • 2025

This amendment substitutes the term “violent felony” for “felony” in the list of disqualifying crimes.

Crime

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Romer
Last action: 2026-06-30
Official status: Passed 6/30/26
Effective date: Not listed

Plain English Breakdown

The official source confirms all major claims in the candidate explanation, including specific definitions of 'inactive' members and the requirement for Executive Sessions regarding waivers.

Amendment Changing Background Check Rules for Fire Members

This bill changes disqualifying crimes to only include violent felonies, keeps certain waivers private, and exempts specific inactive members from background checks.

What This Bill Does

Changes the list of disqualifying crimes so only violent felonies count instead of all felonies.
Requires that extraordinary circumstances waivers be kept confidential during Fire Commission reviews in Executive Session.
Exempts associate, lifetime, and honorary members from background checks if they have no public safety duties or financial responsibilities.
Defines inactive members as those who do not vote, serve on committees, manage funds, participate in daily operations, or interact with the public regarding safety.
Removes Senate Amendment No. 2 entirely from the bill.

Who It Names or Affects

Applicants and current members of organizations covered by this law.
The Fire Commission responsible for reviewing waivers and background checks.
Associate, lifetime, and honorary members with limited duties who do not interact with the public on safety matters.

Terms To Know

Violent felony: A serious crime involving violence as designated in Section 4201 of Title 11.
Extraordinary circumstances waiver: Special permission granted to someone who might otherwise be disqualified from membership, which must remain confidential.
Executive Session: A private meeting where the Fire Commission discusses sensitive information without the public present.

Limits and Unknowns

The exact date this law takes effect is not listed, only that it starts 180 days after being signed into law.
The text does not specify which organizations are covered beyond references to members and the Fire Commission.

Bill History

2026-06-30 Delaware General Assembly
Passed In House by Voice Vote
2026-06-18 Delaware General Assembly
Introduced and Placed With Bill

Official Summary Text

This amendment substitutes the term “violent felony” for “felony” in the list of disqualifying crimes. It clarifies that extraordinary circumstances waivers are to be treated confidentially. It also specifies certain types of members with limited responsibility and without public safety-related duties that are not required to submit to a background check. The amendment strikes Senate Amendment No. 2. Finally, the amendment adds a 180-day delayed effective date.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Romer

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 1

TO

SENATE BILL NO. 325

AMEND Senate Bill No. 325, as amended by Senate Amendment No. 1 and Senate Amendment No. 2, by deleting line 51 and inserting in lieu thereof the following:

“

a. A violent felony as designated in § 4201 of Title 11.

”.

FURTHER AMEND Senate Bill No. 325, as amended by Senate Amendment No. 1 and Senate Amendment No. 2 by inserting after line 102 and before line 103 the following:

“

(4) An approved extraordinary circumstances waiver shall remain confidential. The Fire Commission shall review and discuss the waiver, including any supporting documentation or sensitive personal information, in Executive Session and may not disclose such information publicly except as required by law.

”.

FURTHER AMEND Senate Bill No. 325, as amended by Senate Amendment No. 1 and Senate Amendment No. 2 by deleting lines 142 through 145 in their entirety and inserting in lieu thereof the following:

“

(a)(1) Each of the following individuals must complete requests for state and federal criminal history record reports:

a. An applicant for membership as a member.

b. An individual who is a member and has interactions with the public, as of [the effective date of this Act].

(2) The following individuals are not required to complete requests for State and federal criminal history record reports under this section unless the Commission, in its discretion, determines that a background check is necessary:

a. Associate members whose duties do not include any of the following:

1. Managing, overseeing, approving, or handling organizational funds.

2. Emergency response.

3. Interactions with the public related to public safety.

b. Lifetime members who are inactive.

c. Honorary members who are inactive.

(3) For purposes of this section, “inactive” means an individual that meets all of the following:

a. Does not hold voting rights.

b. Does not serve on committees.

c. Does not have fiduciary responsibilities.

d. Does not participate in day-to-day operations or management of the organization.

e. Does not interact with the public in duties related to public safety.

”.

FURTHER AMEND Senate Bill No. 325, as amended by Senate Amendment No. 1 and Senate Amendment No. 2, by inserting the following after line 175:

“Section 7. This Act takes effect 180 days after its enactment into law.”.

FURTHER AMEND Senate Bill No. 325, as amended by Senate Amendment No. 1 and Senate Amendment No. 2, by striking Senate Amendment No. 2 in its entirety.

SYNOPSIS

This amendment substitutes the term “violent felony” for “felony” in the list of disqualifying crimes. It clarifies that extraordinary circumstances waivers are to be treated confidentially. It also specifies certain types of members with limited responsibility and without public safety-related duties that are not required to submit to a background check. The amendment strikes Senate Amendment No. 2. Finally, the amendment adds a 180-day delayed effective date.