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

Labor

Enacted

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

Sponsor: Romer
Last action: 2026-05-21
Official status: Signed 5/21/26
Effective date: Not listed

Plain English Breakdown

The official text does not state when the law becomes effective, though it was signed on May 21, 2026.

Background Checks for Delaware's Office of Auditor of Accounts

This law requires current staff, new hires, and certain contractors at the Office of Auditor of Accounts in Delaware to pass state and federal criminal background checks.

What This Bill Does

Requires current employees, people offered a job, and specific contractors at the Office of Auditor of Accounts to submit to criminal background checks.
Mandates that these individuals provide fingerprints for both a Delaware state check and a national FBI check.
Directs the State Bureau of Identification to send all background reports directly to the Auditor or their representative.
Allows the Auditor to use this information to decide if someone can be hired, keep their job, or access government systems.
Requires current staff and contractors to submit their fingerprints within 30 days after receiving a written request from the Auditor.

Who It Names or Affects

Current employees of the Office of Auditor of Accounts
People who have been offered a job at the Office of Auditor of Accounts
Contractors who need or may need access to state systems, facilities, or data identified by the Auditor as requiring a check

Terms To Know

Office of Auditor of Accounts: The Delaware government agency that checks how public money is spent.
Rap Back System: A system that sends updates to employers if a worker gets arrested or convicted after they are hired, if the system is available.

Limits and Unknowns

The law does not specify an exact effective date in this text.
It is unclear how long background check results remain valid before needing to be repeated for current staff beyond the initial requirement.
The specific types of data or systems requiring checks are determined by the Auditor, so a full list is not provided.

Bill History

2026-05-21 Delaware General Assembly
Signed by Governor
2026-05-06 Delaware General Assembly
Passed By Senate. Votes: 21 YES
2026-04-15 Delaware General Assembly
Reported Out of Committee (Elections & Government Affairs) in Senate with 4 On Its Merits
2026-03-26 Delaware General Assembly
Passed By House. Votes: 40 YES 1 ABSENT
2026-03-26 Delaware General Assembly
Assigned to Elections & Government Affairs Committee in Senate
2026-03-18 Delaware General Assembly
Reported Out of Committee (Administration) in House with 5 On Its Merits
2026-03-05 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 AND BACKGROUND CHECKS.
This Act mandates that all current and prospective employees or contractors of the Office of Auditor of Accounts submit to state and federal criminal background checks.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Romer & Sen. Sokola

Rep. Harris; Sen. Richardson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 304

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

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

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

§ 2911. Criminal background checks.

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

(1) Current employees of the Office of Auditor of Accounts.

(2) Individuals conditionally offered employment with the Office of Auditor of Accounts.

(3) Any current or prospective contractor of the Office of Auditor of Accounts that requires or may require access to State systems, facilities, or data that the Auditor or the Auditor’s designee has identified as requiring a background check

(b) 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 a Delaware and national criminal history background check. The following reports must be obtained:

(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 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 information relating to that individual.

(c) The State Bureau of Identification must forward all information obtained under paragraphs (b)(1) and (b)(2) of this section to the Auditor or the Auditor’s designee.

(d) If a current employee or current contractor obtains a background check under this section, the State Bureau of Identification must provide all of the following to the Auditor or the Auditor’s designee:

(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.

(e) The Auditor or the Auditor’s designee 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 State systems, facilities, or data.

(f) Current employees and contractors of the Office of Auditor of Accounts must submit the information required by subsection (b) of this section to the State Bureau of Identification no later than 30 days after receipt of the Auditor’s or designee’s written request to submit to a background check.

(g) All costs associated with a criminal background check under this section must be paid by the Office of Auditor of Accounts.

SYNOPSIS

This Act mandates that all current and prospective employees or contractors of the Office of Auditor of Accounts submit to state and federal criminal background checks.