AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO REQUIRING INSTITUTIONS OF HIGHER EDUCATION TO KEEP AND PROVIDE RECORDS AS PART OF THE GOVERNMENTAL COMPENSATION POLICY SUBCHAPTER.

Plain English Breakdown

The effective date is listed as 'upon signature' or a specified date in general practice, but no specific future date was provided in the text; it became law on May 22, 2025.

HB38: Record-Keeping Rules for State-Funded Colleges

This law requires colleges in Delaware that receive state money to keep specific records about elected or appointed officials who work there and allows the State Auditor to fine schools if they knowingly break these rules.

What This Bill Does

• Requires public and private colleges receiving state funds to keep records for employed elected or appointed officials as required by another section of law (§ 5822).
• Specifically applies these record-keeping rules to employees at the University of Delaware and Delaware State University who are paid in whole or in part with state money.
• Mandates that institutions provide these records to the State Auditor when requested.
• Sets a rule that colleges must save these records for 5 years before they can be destroyed.
• Allows the State Auditor to fine schools $10,000 for a first violation and $50,000 for repeat violations within 5 years if done knowingly.

Who It Names or Affects

• Public or private colleges in Delaware that receive state funding.
• The University of Delaware and Delaware State University specifically regarding their employees paid with state funds.
• Elected or appointed officials who are employed by these institutions.
• The State Auditor, Public Integrity Commission, Department of Justice, and Office of the Controller General.

Terms To Know

Institution of higher education

Any public or private school in Delaware that offers degrees beyond high school (associate's, bachelor's, or advanced) and receives state money.

Administrative penalty

A fine the State Auditor can charge a college for knowingly breaking this law.

Limits and Unknowns

• The specific details of which records must be kept are found in another section (§ 5822) and are not described here.
• Fines only apply if the State Auditor finds that a college knowingly broke the rules.

Official Summary Text

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO REQUIRING INSTITUTIONS OF HIGHER EDUCATION TO KEEP AND PROVIDE RECORDS AS PART OF THE GOVERNMENTAL COMPENSATION POLICY SUBCHAPTER.
This Act requires an institution of higher education that receives funding from this State to keep and provide records for an elected or appointed official who is employed by the institution of higher education. The University of Delaware and Delaware State University are to comply with this Act for employees who are paid in whole or in part with State funds.

If the State Auditor finds that an institution of higher education is knowingly in violation of this Act, the State Auditor may impose an administrative penalty on the institution of higher education and shall report the violation and amount of administrative penalty imposed to the Public Integrity Commission, Department of Justice, and the Office of the Controller General.

Current Bill Text

Legislation Document

SPONSOR:

Rep. K. Williams & Sen. Paradee

Reps. Morrison, Osienski, Yearick, Shupe, Bush; Sens. Townsend, Lockman

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 38

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO REQUIRING INSTITUTIONS OF HIGHER EDUCATION TO KEEP AND PROVIDE RECORDS AS PART OF THE GOVERNMENTAL COMPENSATION POLICY SUBCHAPTER.

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

Section 1. Amend Subchapter III, Chapter 58, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5824. Institution of higher education compliance with this subchapter.

(a) As used in this section, “institution of higher education” means any public or private educational institution located in this State which provides a program of education beyond the high school level and awards an associate’s, bachelor’s, or advanced degree and that receives moneys from this State, including by an appropriation in the annual appropriations act.

(b) An institution of higher education shall keep the records required to be kept under § 5822 of this title.

(c) Subsection (b) of this section applies to the University of Delaware and Delaware State University regarding an employee of the University of Delaware or Delaware State University paid in whole or in part with State funds.

(d) On request of the State Auditor, an institution of higher education shall provide the records required under subsection (c) of this section to the State Auditor.

(e)(1) If the State Auditor finds by case decision under subchapter III of Chapter 101 of Title 29 that an institution of higher education is knowingly in violation of subsection (b), (c), or (d) of this section, the State Auditor may impose an administrative penalty as follows:

a. For a first violation, $10,000 for the violation.

b. For a second or subsequent violation within 5 years of the first violation, $50,000 for the violation.

(2) If the State Auditor imposes an administrative penalty under paragraph (e)(1) of this section, the State Auditor shall report the violation and amount of administrative penalty imposed to the Public Integrity Commission, Department of Justice, and the Office of the Controller General.

(f) An institution of higher education shall retain the records required to be kept under this section for 5 years.

SYNOPSIS

This Act requires an institution of higher education that receives funding from this State to keep and provide records for an elected or appointed official who is employed by the institution of higher education. The University of Delaware and Delaware State University are to comply with this Act for employees who are paid in whole or in part with State funds.

If the State Auditor finds that an institution of higher education is knowingly in violation of this Act, the State Auditor may impose an administrative penalty on the institution of higher education and shall report the violation and amount of administrative penalty imposed to the Public Integrity Commission, Department of Justice, and the Office of the Controller General.