Shown verbatim: the complete text as captured from the official PDF posted by the Delaware General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
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:
1 Section 1. Amend Chapter 29, Title 29 of the Delaware Code by making deletions as shown by strike through and
2 insertions as shown by underline as follows:
3 § 2911. Criminal background checks.
4 (a) The following individuals must submit to a criminal background check:
5 (1) Current employees of the Office of Auditor of Accounts.
6 (2) Individuals conditionally offered employment with the Office of Auditor of Accounts.
7 (3) Any current or prospective contractor of the Office of Auditor of Accounts that requires or may require
8 access to State systems, facilities, or data that the Auditor or the Auditor’s designee has identified as requiring a
9 background check.
10 (b) Individuals required to obtain a background check under this section must submit fingerprints and other
11 necessary information to the State Bureau of Identification in order to obtain a Delaware and national criminal history
12 background check. The following reports must be obtained:
13 (1) A report of the individual’s entire state criminal history record information from the State Bureau of
14 Identification or a statement that the State Bureau of Identification Central Repository contains no information relating
15 to that individual.
16 (2) A report of the individual’s entire federal criminal history record information from the Federal Bureau of
17 Investigation or a statement that the Federal Bureau of Investigation’s records contain no information relating to that
18 individual.
19 (c) The State Bureau of Identification must forward all information obtained under paragraphs (b)(1) and (b)(2) of
20 this section to the Auditor or the Auditor’s designee.
21 (d) If a current employee or current contractor obtains a background check under this section, the State Bureau of
22 Identification must provide all of the following to the Auditor or the Auditor’s designee:
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23 (1) Any subsequent state criminal history record information of the individual.
24 (2) Any subsequent criminal history record information of the individual available through the Rap Back
25 System as defined under § 8502 of Title 11, if the Rap Back System is available.
26 (e) The Auditor or the Auditor’s designee has the right to review and use criminal background information
27 obtained under this section to the extent permitted by applicable law, including in determining an individual’s qualification
28 for employment or continued access to State systems, facilities, or data.
29 (f) Current employees and contractors of the Office of Auditor of Accounts must submit the information required
30 by subsection (b) of this section to the State Bureau of Identification no later than 30 days after receipt of the Auditor’s or
31 designee’s written request to submit to a background check.
32 (g) All costs associated with a criminal background check under this section must be paid by the Office of Auditor
33 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.
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