DelawareHB 20153rd General Assembly (2024–2026)HouseWALLET

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATED TO CRIMINAL BACKGROUND CHECKS FOR DEPARTMENT OF LABOR EMPLOYEES, CONTRACTORS, AND SUBCONTRACTORS WITH ACCESS TO CONFIDENTIAL OR SENSITIVE INFORMATION.

Sponsored By: Edward S. Osienski (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 2 costs, 1 mixed.

Department sets background check standards

The Department sets the rules for screening background checks. It decides which convictions disqualify someone from covered jobs, access to sensitive information or funds, or one-on-one contact with vulnerable clients. The Department reviews each background check and makes eligibility decisions. This protects confidential data and program funds, but it can bar applicants with certain records.

Broader checks for Labor Department jobs

People who work, contract, or volunteer for the Delaware Department of Labor and access federal tax information must get a criminal background check. The law follows IRS Publication 1075 to define who has that access. After the first interview, applicants for Unemployment Insurance, Paid Leave, Department IT, Vocational Rehabilitation Counselor roles, and Industrial Affairs staff who access the Second Injury Fund must be checked. Employees seeking a promotion or transfer into these jobs must be checked after the first interview. Current contractors, subcontractors, or volunteers in these roles who lacked a check by the law’s start must get one. You must give fingerprints and ID to the State Bureau of Identification, which sends state and federal records (or a no-record statement) to the Department.

Regular rechecks and ongoing arrest alerts

Current workers, contractors, subcontractors, and volunteers with access to federal tax information must get another criminal background check at least every 5 years. The Department can require an earlier check if needed. After you submit fingerprints, the State Bureau of Identification sends the Department any new state criminal record information. If the Rap Back System is available, the Bureau also sends any new Rap Back alerts. This creates ongoing monitoring for covered people.

Sponsors & Cosponsors

Sponsor

Edward S. Osienski
Democratic • House

Cosponsors

Franklin D. Cooke
Democratic • House
Daniel Cruce
Democratic • Senate
Russell Huxtable
Democratic • Senate
Kimberly Williams
Democratic • House
Dave G. Lawson
Republican • Senate
Spiros Mantzavinos
Democratic • Senate
Nicole Poore
Democratic • Senate
Laura V. Sturgeon
Democratic • Senate
Bryan Townsend
Democratic • Senate
John "Jack" Walsh
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 54 • No: 0

Senate vote • 5/22/2025

Passed (SM required)

Yes: 18 • No: 0

House vote • 3/20/2025

Passed (SM required)

Yes: 36 • No: 0

Actions Timeline

Signed by Governor
6/24/2025Governor
Passed By Senate. Votes: 18 YES 3 ABSENT
5/22/2025Senate
Reported Out of Committee (Labor) in Senate with 6 Favorable
5/14/2025Senate
Assigned to Labor Committee in Senate
3/20/2025Senate
Passed By House. Votes: 36 YES 5 ABSENT
3/20/2025House
Reported Out of Committee (Labor) in House with 1 Favorable, 10 On Its Merits
3/18/2025House
Introduced and Assigned to Labor Committee in House
1/30/2025House

Bill Text

Current
1/30/2025
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