Del. Code tit. 30 § 369

Current through 2024 Legislative Session Act Chapter 269
Section 369 - Required employee background checks
(a) All prospective employees, contractors, and any subcontractors thereof, of the Department who will have access to federal tax information shall obtain a background check as provided in subsection (c) in order to be considered for employment to ensure compliance by the Department with Section 6103(p)(4) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 6103 (p)(4)) and IRS Publication 1075 and any successor statutory provisions or IRS publications.
(b) All current employees, contractors, and any subcontractors thereof, of the Department who have access to federal tax information shall be required to submit to subsequent background checks as provided in subsection (c) not less frequently than once every 5 years to ensure compliance by the Department with IRS Publication 1075.
(c) A person required to obtain a background check under this chapter shall submit fingerprints and other necessary information to the State Bureau of Identification in order to obtain all of the following:
(1) A report of the person's entire criminal history record from the State Bureau of Identification or a statement that the State Bureau of Identification Central Repository contains no such information relating to that person.
(2) A report of the person's entire federal criminal history record from the Federal Bureau of Investigation pursuant to Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 ( 28 U.S.C. § 534 ) or a statement that the Federal Bureau of Investigation's records contain no such information relating to that person.
(d) The State Bureau of Identification shall be the intermediary for the purpose of subsection (c) of this section and shall forward all information required by subsections (a) and (b) of this section to the Department.
(e) The Department may adopt such standards for screening the background checks required by this section as the Department shall determine appropriate.

30 Del. C. § 369

Amended by Laws 2021, ch. 323,s 3, eff. 6/15/2022.
Added by Laws 2017, ch. 103,s 2, eff. 7/21/2017.
Section 8 of Act Chapter 323 provides that if any provision of this Act or the application of this Act to any person or circumstance is held invalid, the provisions of this Act are severable if the invalidity does not affect the other provisions of this Act that can be given effect without the invalid provision or the application of this Act that can be given effect without the invalid application.