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HB19 • 2025

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF FINANCE AND CRIMINAL BACKGROUND CHECKS.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF FINANCE AND CRIMINAL BACKGROUND CHECKS.

Labor
Enacted

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

Sponsor
Osienski
Last action
2025-06-24
Official status
Signed 6/24/25
Effective date
Not listed

Plain English Breakdown

The official text does not specify an effective date, only that it was signed on June 24, 2025.

Criminal Background Checks for Delaware Finance Staff

This law requires employees of the Delaware Department of Finance to undergo criminal background checks and ongoing monitoring, while allowing the department to require similar checks from contractors who access its systems.

What This Bill Does

  • Requires current Department of Finance employees and those conditionally offered jobs to submit fingerprints for state and federal criminal history reports.
  • Allows the Secretary of Finance to require background checks for contractors or third parties with access to department data, facilities, or systems.
  • Mandates that the State Bureau of Identification send all past and future criminal records related to these individuals directly to the Department.
  • Sets a 30-day deadline for employees and contractors to provide required information after receiving a written request from the Department.

Who It Names or Affects

  • Current employees of the Delaware Department of Finance
  • People conditionally offered jobs at the Delaware Department of Finance
  • Contractors or third parties who need access to department systems, facilities, or data

Terms To Know

Rap Back System
A system that sends updates about new criminal records to agencies after an initial background check is done.
State Bureau of Identification
The state agency responsible for collecting fingerprints and providing criminal history reports.

Limits and Unknowns

  • The law does not specify the exact date it becomes effective, only that it was signed by the Governor.
  • It is unclear if contractors must be checked immediately or only when they first request access to systems.
  • The text states checks are done 'to the extent permitted by applicable law,' which may limit how results can be used.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HA 1

1 • Osienski

Passed 4/15/25

Plain English: This amendment changes who gets a background check update so it only applies to people currently working for the Department of Finance.

  • The bill now limits criminal history updates to current employees, contractors, or third parties instead of any individual.

Bill History

  1. 2025-06-24 Delaware General Assembly

    Signed by Governor

  2. 2025-06-17 Delaware General Assembly

    Passed By Senate. Votes: 19 YES 2 ABSENT

  3. 2025-05-21 Delaware General Assembly

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

  4. 2025-04-15 Delaware General Assembly

    Amendment HA 1 to HB 19 - Passed In House by Voice Vote

  5. 2025-04-15 Delaware General Assembly

    Passed By House. Votes: 40 YES 1 ABSENT

  6. 2025-04-15 Delaware General Assembly

    Assigned to Elections & Government Affairs Committee in Senate

  7. 2025-04-09 Delaware General Assembly

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

  8. 2025-03-27 Delaware General Assembly

    Amendment HA 1 to HB 19 - Introduced and Placed With Bill

  9. 2025-01-30 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 DEPARTMENT OF FINANCE AND CRIMINAL BACKGROUND CHECKS.
This Act requires that Department of Finance employees submit to criminal background checks and are subject to continuous criminal history monitoring. It also authorizes the Department to submit contractors or third parties, that require or may require access to Department systems, facilities, or data, to submit to a criminal background check and continuous criminal history monitoring.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Rep. Osienski & Rep. K. Williams & Sen. Poore

Reps. Cooke, Ross Levin, Harris; Sens. Hoffner, Mantzavinos, Walsh

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 19

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF FINANCE AND CRIMINAL BACKGROUND CHECKS.

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

Section 1. Amend Subchapter I, Chapter 83, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 8320. Criminal background checks.

(a) The following individuals must submit to a criminal background check:

(1) Current Department of Finance employees.

(2) Individuals conditionally offered employment with the Department of Finance.

(b) Any current or prospective contractor or third party that requires or may require access to Department systems, facilities, or data may be required by the Secretary to submit to a criminal background check.

(c) Individuals required to obtain a background check under this section must submit fingerprints and other necessary information to the State Bureau of Identification in order to obtain all the following:

(1) A report of the individual’s entire state criminal history record information from the State Bureau of Identification or a statement that the State Bureau of Identification Central Repository contains no such information relating to that individual.

(2) A report of the individual’s entire federal criminal history record information from the Federal Bureau of Investigation or a statement that the Federal Bureau of Investigation’s records contain no such information relating to that individual.

(d) The State Bureau of Identification must forward all information obtained under subsections (c)(1) and (c)(2) of this section to the Department.

(e) If an individual obtains a background check under this section, the State Bureau of Identification must provide all of the following to the Department:

(1) Any subsequent state criminal history record information of the individual.

(2) Any subsequent criminal history record information of the individual available through the Rap Back System as defined under § 8502 of Title 11, if the Rap Back System is available.

(f) The Department of Finance has the right to review and use criminal background information obtained under this section to the extent permitted by applicable law, including in determining an individual’s qualification for employment or continued access to Department systems, facilities, or data.

(g) Current Department employees and contractors must submit the information required by subsection (c) of this section to the State Bureau of Identification no later than 30 days after receipt of the Department’s written request to submit to a background check.

SYNOPSIS

This Act requires that Department of Finance employees submit to criminal background checks and are subject to continuous criminal history monitoring. It also authorizes the Department to submit contractors or third parties, that require or may require access to Department systems, facilities, or data, to submit to a criminal background check and continuous criminal history monitoring.