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

Plain English Breakdown

The effective date is listed as empty in the metadata, so it cannot be confirmed when this law starts.

HB323: Fixing Background Check Rules

This law changes who must get a criminal background check in Delaware by removing specific words that blocked the Department of Finance from getting federal reporting access.

What This Bill Does

• Makes a technical correction to the list of people required to have fingerprint-based background checks under Chapter 83 of Title 29.
• Removes the words 'third party' and 'counterparty' from Section 8320(b) regarding contractors.
• Updates rules so they match federal Public Law 92-544 for access to FBI criminal history records.

Who It Names or Affects

• The Delaware Department of Finance
• Current or prospective employees and contractors who need background checks

Limits and Unknowns

• The official text does not state the specific effective date for this law.
• The summary explains that unacceptable language was removed but does not list every single word deleted.

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 makes a technical correction to the specific categories of persons required to obtain a fingerprint-based background check under Chapter 83 of Title 29 of the Delaware Code to comply with the requirements of Public Law (Pub. L.) 92-544 for access to FBI criminal history record information. The Department of Finance applied for federal “Rap Back” reporting and was denied, so the unacceptable language is being eliminated to facilitate access.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Osienski & Sen. Poore

Sens. Hoffner, Pettyjohn, Wilson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 323

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 § 8320, 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.

(b) Any current or prospective contractor

or third party

of the Department, or any counterparty to an information exchange agreement with the Department,

that requires or may require access to

sensitive or confidential

Department systems, facilities, or data may be required by the Secretary to submit to a criminal background check.

(e) If a current

employee, contractor, or third party

employee or contractor

obtains a background check under this section, the State Bureau of Identification must provide all of the following to the Department:

SYNOPSIS

This Act makes a technical correction to the specific categories of persons required to obtain a fingerprint-based background check under Chapter 83 of Title 29 of the Delaware Code to comply with the requirements of Public Law (Pub. L.) 92-544 for access to FBI criminal history record information. The Department of Finance applied for federal “Rap Back” reporting and was denied, so the unacceptable language is being eliminated to facilitate access.