Amendment to Delaware’s Code Relating to Artificial Intelligence: What to Know

Signed by Governor John Carney on July 17, 2024, Delaware’s House Bill 333, or “An Act To Amend Title 29 of The Delaware Code Relating to The Artificial Intelligence Commission,” amends Chapter 90C, Title 29 of the Delaware Code and creates the Delaware Artificial Intelligence (AI) Commission.

The Bill’s text contains details on the Commission's tasks, responsibilities, and duties, as well as its role in assessing the potential risk of GenAI usage within Delaware's executive, legislative, and judicial agencies.

The Act will terminate after a period of 10 years from the date of its enactment unless the General Assembly of Delaware extends it.

Purpose of the Delaware AI Commission

The primary purpose of the Delaware AI Commission is to perform the following:

• Make recommendations to the General Assembly and the Chief Information Officer of the Department related to the legislative and executive actions regarding AI in Delaware;
• Develop and recommend appropriate processes, principles, and guidelines for the executive, legislative, and judicial agencies related to the use of AI;
• Encourage the use of AI to improve service delivery wherever possible and appropriate;
• Examine, develop, and recommend legislative, executive, and judicial actions that ensure all AI usage is done in a manner that keeps citizens safe and does not violate their individual rights;
• Prepare an inventory of all Generative AI usage in the Delaware executive, legislative, and judicial agencies to identify potential high-risk areas for the implementation of Generative AI.

Commission Membership & Required Qualifications

The Commission will consist of the following nineteen members:

Eight members would be serving by virtue of their position as follows:

• Chief Information Officer of the Department of Technology and Information;
• The Attorney General;
• The Secretary of the Department of Labor;
• The Secretary of the Department of Education;
• The Secretary of the Department of Transportation;
• The Director of the Office of Management and Budget;
• The Chief Justice of the Supreme Court;
• The Secretary of State;
• The Secretary of the Department of Health and Social Services;
• The Secretary of the Department of Safety and Homeland Security;
• The State Election Commissioner;
• The Executive Director of the Government Efficiency and Accountability Review Board.

Four members, who must be residents of Delaware, are to be appointed by the Pro Tempore of the Senate as follows:

• One member of a higher education institute with expertise in AI;
• One member being the representative of the private sector entities with experience in developing or implementing AI;
• A member of the Senate from the Majority Caucus;
• A member of the Senate from the Minority Caucus.

Four members, who must be residents of Delaware, are to be appointed by the Speaker of the House as follows:

• One member of a higher education institute with expertise in AI;
• One member being the representative of the private sector entities with experience in developing or implementing AI;
• A member of the House of Representatives from the Majority Caucus;
• A member of the House of Representatives from the Minority Caucus.

Three members, who must be residents of Delaware, are  to be appointed by the Governor as follows:

• One member of a higher education institute with expertise in AI;
• One lawyer having expertise in US and Delaware constitutional rights;
• One member being the representative of the private sector entities with experience in developing or implementing AI.

An appointed member will serve for a term of 3 years and is eligible for reappointment. However, if a member fails to attend three successive meetings of the Commission without just cause, their position will be deemed vacant, and the appointing authority will appoint a replacement.

Members of the Commission serve without compensation. However, the Commission may reimburse members for any reasonable expenses incurred while performing their duties as members of the Commission.

Authority of the Commission

The Commission will operate within the Department and will have the duties, functions, and obligations mentioned earlier, as well as any other duties, functions, and obligations that may be referred to it by the Governor, the Chief Information Officer of the Department, or the General Assembly.

The Chief Information Officer of the Department must provide staff support to the Commission.

The Commission will elect a Chair and a Vice Chair in its first meeting, who will continue to serve until a replacement is elected. If the Chair’s role becomes vacant, the Vice Chair will fulfill the Chair’s duties until a replacement is elected.

The Chair of the Commission must perform the following duties:

• Set a date, time, and place for the meetings of the Commission;
• Supervise the preparation and distribution of meeting notices, agendas, minutes, and other documentation prepared by or on behalf of the Commission.

A majority of the Commission’s membership would constitute a quorum to conduct official business. Any official action requires approval of the majority of the Commission members present at the meeting with a quorum. The Commission may enact regulations that are required for its operation. Moreover, the Commission will take into account any relevant plans and initiatives created by other AI-experienced bodies while performing its responsibilities under this law.

Annual Report

The Commission must submit its inaugural annual report on December 31, 2024. Then onwards, the Commission will continue to submit such a report on or before 31st December annually to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Director and Librarian of the Division of Research for due distribution to all other members of the General Assembly.

The report must include proposals for the legislation, administrative action, and all other policy changes the Commission has deemed necessary to facilitate its objectives and goals.

The Chief Information Officer of the Department of Technology and Information will have the authority to set the date, time, and place for the Commission's initial organization meeting, which must be conducted before August 1, 2024.

How Securiti Can Help

Securiti is the pioneer of the Data Command Center, a centralized platform that enables the safe use of data and GenAI. It provides unified data intelligence, controls, and orchestration across hybrid multicloud environments. Large global enterprises rely on Securiti's Data Command Center for data security, privacy, governance, and compliance.

The Data Command Center comes equipped with several modules and solutions that have been intricately designed to ensure compliance with most obligations an organization may find itself subject to under major AI-related regulations globally.

With the AI Security & Governance solution, organizations can discover and catalog all AI models in use across their public and private clouds as well as SaaS applications. Additionally, they can run AI risk assessments for each model, map all data being accessed by AI models in use, and gain real-time insights into their regulatory compliance via the central dashboard.

Request a demo today and learn more about how Securiti can help you comply with the requirements of the Amendment to the Delaware Code Relating to Artificial Intelligence, as well as other AI-related major regulations in effect within the US.