Legislation Introduced to Guide Responsible Use of Artificial Intelligence in Delaware

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With the explosion in the development and use of Artificial Intelligence in the last year, lawmakers announced today new legislation aimed at harnessing the potential of AI while ensuring its safe and responsible utilization within Delaware. Sponsored by State Representative Krista Griffith, House Bill 333 would create the Delaware Artificial Intelligence (“AI”) Commission, a formal body tasked with making recommendations to the General Assembly and Department of Technology and Information on AI utilization and safety within our state. Representative Griffith says it’s critical that the risks are recognized, and necessary oversight is provided. HB 333 has been assigned to the House Technology and Telecommunications Committee. 

Additional Information from the Delaware House of Representatives:


“In the past year, we’ve seen an explosion in the development and use of generative AI. While this new technology has transformative potential for both the public and private sectors, it’s critical that we recognize the risks and provide the necessary oversight,” said Rep. Krista Griffith.

“Establishing a commission of experts and policy makers will guide our state toward the responsible utilization of AI technologies while helping us navigate the opportunities and challenges.” 

One of the primary responsibilities of the AI Commission would be to conduct a comprehensive inventory of all Generative AI usage within Delaware’s executive, legislative, and judicial agencies and identify high-risk areas in each. By identifying these high-risk areas for the implementation of Generative AI, the commission would work to ensure AI technologies are deployed in a manner that keeps Delawareans safe and does not violate any individual’s rights. 

Twelve states have enacted legislation aimed at regulating AI use and development. At the federal level, a bipartisan group of senators published a framework to guide forthcoming AI legislation. 

“Rapidly developing technology often requires careful consideration to make sure our neighbors are protected from harm. While artificial intelligence has existed for decades, new advances have led to new uses that were unimaginable to most of us just a few years ago,” said Sen. Stephanie Hansen, prime sponsor of HB 333  

“This is why I am eager for us to create the Delaware Artificial Intelligence Commission, a body of experts and state leaders who can help us monitor advancements in A.I. and recommend policy changes to protect the interests of Delawareans.” 

Under HB 333 the commission would be made up of AI experts, members of the administration, and members of the General Assembly. It would consist of 17 members, including: 

  •  Eight members, serving by virtue of position, or their designee, including: the 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, and the Secretary of State.  
  • Three members appointed by the Pro Tempore of the Senate, including one Senate member.  
  • Three members appointed by the Speaker of the House, including one member of the House of Representatives.  
  • Three members appointed by the Governor, including one from a higher education institution specializing in AI, one lawyer with expertise in U.S. and Delaware constitutional rights, and one from the private sector with AI implementation experience. 

The commission would be required to submit an annual report to the General Assembly detailing its progress in the previous year, its goals for the upcoming year, and any recommendations for legislation, administrative actions, or policy changes. The Commission would terminate 10 years from the law’s enactment unless extended by the General Assembly. 


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