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

Labor

Passed Legislature

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

Sponsor: Osienski
Last action: 2026-05-13
Official status: Out of Committee 5/13/26
Effective date: Not listed

Plain English Breakdown

The bill summary and digest do not provide specific details on how many people will be affected by these changes.

Changes to Criminal Background Checks for Delaware Finance Department

This act makes technical corrections to ensure the Delaware Department of Finance can access FBI criminal history records.

What This Bill Does

Removes old language that prevented the Department of Finance from accessing certain criminal history records.
Allows the Secretary or their designee to require contractors and third parties who need access to department systems, facilities, or data to have background checks.
Changes how fingerprints and other information are sent for background checks.

Who It Names or Affects

Current and future employees of the Delaware Department of Finance
Contractors and third parties who work with the department

Terms To Know

Rap Back Reporting: A system that allows for automatic updates on criminal records.
Secretary's designee: Someone chosen by the Secretary to handle specific tasks.

Limits and Unknowns

The bill does not specify when it will take effect.
It is unclear how many people will be affected by these changes.

Bill History

2026-05-13 Delaware General Assembly
Reported Out of Committee (Elections & Government Affairs) in Senate with 2 Favorable, 2 On Its Merits
2026-04-23 Delaware General Assembly
Passed By House. Votes: 35 YES 6 ABSENT
2026-04-23 Delaware General Assembly
Assigned to Elections & Government Affairs Committee in Senate
2026-04-15 Delaware General Assembly
Reported Out of Committee (Administration) in House with 5 On Its Merits
2026-04-14 Delaware General Assembly
Adopted in lieu of the original bill HB 323, 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 makes technical corrections to the Department of Finance’s existing background check authority to ensure 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.
Although the intended impact is the same, this Substitute uses different language than House Bill No. 323 based on feedback from the State Bureau of Identification and DELJIS.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Osienski & Sen. Hansen & Sen. Poore

Sens. Hoffner, Pettyjohn, Wilson, Cruce, Sturgeon

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE SUBSTITUTE NO. 1

FOR

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 and by redesignating accordingly:

§ 8320. Criminal background checks.

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

(1) Current Department of Finance (Department) employees.

(2) Individuals conditionally offered employment with the Department.

(b)

(3)

Any current or prospective contractor

or third party

of the Department

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.

that the Secretary or the Secretary’s designee has identified as requiring a background check.

(c)

(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 background check through

all the following:

(d)

(c)

The State Bureau of Identification must forward all information obtained under paragraphs

(c)(1)

(b)(1)

and

(c)(2)

(b)(2)

of this section to the

Department.

Secretary or the Secretary’s designee.

(e)

(d)

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:

Secretary or the Secretary’s designee:

(f)

(e)

The Department 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)

(f)

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 makes technical corrections to the Department of Finance’s existing background check authority to ensure 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.

Although the intended impact is the same, this Substitute uses different language than House Bill No. 323 based on feedback from the State Bureau of Identification and DELJIS.