CHAPTER 149

FORMERLY

HOUSE BILL NO. 144

AS AMENDED BY

HOUSE AMENDMENT NOS. 1 AND 2 AND

SENATE AMENDMENT NO. I AND

HOUSE AMENDMENT NOS. 3 AND 4

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONS AND OCCUPATIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (two-thirds of all members elected to each house thereof concurring therein):

Amend § 904, Title 24, Delaware Code by designating existing § 904 as § 904(a) and inserting as new § 904(b) the following:

"(b) Any person engaging in the business described in this Chapter shall keep and maintain a list of current employees including their names, former names used, date of births, physical descriptions and social security numbers. The required employee list and all attachments thereto shall be considered confidential but shall, nevertheless, he open for inspection by any police officer of this Slate or of any political subdivision of this State, within their respective jurisdiction at any time at the licensee's primary place of business and during the licensee's regular business hours. No person licensed under this Chapter shall knowingly allow any employee who is a person prohibited from possessing a deadly weapon pursuant to 11 Del. C § 1448 to facilitate a sale of a deadly weapon. All employers licensed to do business pursuant to this chapter shall, prior to employment and at least once during each calendar year thereafter, perform a telephonic criminal history record check of each employee utilizing the procedures set forth in Section 1448 of Title 11 and shall make and maintain a record thereof using the State Bureau of Identification Criminal History Record Information and Mental Health Information Consent Form (Form 544). A copy of each such form shall he attached to the above required employee list for inspection upon the valid request of a police officer of this State or of any political subdivision of this State, within their respective jurisdiction.

Approved July 3, 1997