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.

This Act expands the statute for obtaining criminal background checks from just employees and contractors within the Department of Labor, Division of Unemployment Insurance who have access to federal tax information, to all new hires, transfers, promotions, contractors, subcontractors, and volunteers of the following departments, divisions, and offices: (1) Division of Unemployment Insurance; (2) Division of Paid Leave; (3) IT staff of the Department of Labor; (4) Individuals with access to the Workers’ Compensation Second Injury Fund within the Division of Industrial Affairs; and (5) Vocational Rehabilitation Counselors within the Division of Vocational Rehabilitation who work one-on-one with vulnerable clients. This Act also allows the Delaware State Bureau of Identification to provide criminal history record information that arises after the date the background check is completed, known as rap back, and requires current employees of various divisions and positions within the Department of Labor to submit fingerprints so the Department may be notified if an employee’s criminal history record information changes. Finally, this Act moves the background check provision contained in Chapter 33 to Chapter 1 of Title 19, given its broader scope.