Bill Text: DE HB203 | 2009-2010 | 145th General Assembly | Draft

Delaware House Bill 203 (Prior Session Legislation)

Draft

Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To Designating The Strawberry As The State Fruit.

Spectrum: Bipartisan Bill

Status: (Passed) 2010-05-13 - Signed by Governor [HB203 Detail]

Download: Delaware-2009-HB203-Draft.html

SPONSOR:	Rep. Scott & Sen. Bushweller
	Reps. Barbieri, Bennett, Carson, Hocker, Hudson, Jaques, Kenton, Kowalko, Outten, Ramone, D. Short, Walker, Willis; Sens. Ennis, Sokola, Sorenson

HOUSE OF REPRESENTATIVES

146th GENERAL ASSEMBLY

HOUSE BILL NO. 203

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL HISTORY BACKGROUND CHECKS FOR INFORMATION TECHNOLOGY RELATED EMPLOYMENT.

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

Section 1.Amend Chapter 85, Title 11 of the Delaware Code by adding a new Subchapter X as follows:

"Subchapter X.Criminal Background Check for Information Technology Employment and Contracting.

� 8595.Background check required.

(a) For purposes of this section, "Information Technology Employee" shall mean any employee of the State or independent contractor who has been so designated by the Director of the Office of Management and Budget or his/her designee.

(b) All Information Technology Employees must, prior to hire, undergo a fingerprint based Delaware criminal history background check from the State Bureau of Identification and a federal criminal history background check pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-554.Existing Information Technology Employees as of the effective date of this section shall also be subject to this requirement.

(c) The State Bureau of Identification shall be the intermediary for the purposes of this section, and the hiring or contracting State agency shall be the screening point for receipt of said federal criminal history records.

(d) A potential Information Technology Employee may be disqualified from employment for any of the following reasons:

(1)Conviction of a felony or Class A misdemeanor in this State or any other jurisdiction within the last 5 years; or

(2)A conviction of any crime enumerated in �§871-878, 854, 913, 913A, 932-938 of this title or its equivalent in any other jurisdiction.

(e) Notwithstanding the provisions of subsection (b) of this section, whenever exigent circumstances exist, and the State must fill a position in order to maintain an appropriate staffing level, the State may hire an applicant for a position on a conditional basis.The final employment of any applicant conditionally hired pursuant to this subsection shall be contingent upon receipt by the hiring or contracting State agency of such applicant's State Bureau of Identification and Federal Bureau of Investigation criminal history records verifying suitability for employment.

(f) Every applicant for an Information Technology position shall be required to provide any and all information, including fingerprinting by the State Bureau of Identification, necessary for the Department to obtain a report of the person's entire criminal history record from the State Bureau of Identification and a report of the person's entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-554.

(g) For employees, the costs for the State Bureau of Identification and Federal Bureau of Identification background checks shall be borne by the State.Independent contractors shall bear their own costs for the checks required by this section.

(h) The Office of Management & Budget, in cooperation with the Department of Technology & Information, shall promulgate regulations to implement this section including the establishment of a procedure to provide confidentiality of information obtained pursuant to this section.".

SYNOPSIS

This bill codifies the already existing policy that all Information Technology (IT) employees pass a criminal background check as a condition of employment.Such a check is desirable given the sensitive information that IT employees handle, and the level of administrative access they have to our IT infrastructure.By codifying this requirement, the process for obtaining a criminal history background check will be streamlined by authorizing the State Bureau of Identification to send results directly to the requesting HR department.