Department of Technology and Information

Del. Code tit. 29, ch. 90C
in effect

Del. Code tit. 29, § 9001C Intent and purpose.

The General Assembly finds and declares that the way it manages information technology will play a strong role in determining the future success of the State. Information technology resources in state government are valuable strategic assets belonging to the citizens of Delaware and must be managed accordingly. The development and implementation of a single, common, statewide technology direction is fundamental to every aspect of state government including strengthening economic development, expanding education opportunities and providing the most efficient delivery of services to the citizens of Delaware. The General Assembly further finds and declares there is a critical role of information and information systems in the provision of life, health, safety, and other crucial services to the citizens of the State of Delaware and there is a need to mitigate the risk posed to these services due to ever-evolving cybersecurity threats.

Del. Code tit. 29, § 9002C Establishment of the Department of Technology and Information.

A Department of Technology and Information is established within the Executive Department, and shall have the powers, duties and functions vested in the Department by this chapter.

Del. Code tit. 29, § 9003C Definitions.

For the purposes of this chapter: (1) “Agency” or “state agency” includes every board, department, bureau, commission, person or group of persons or other authority created and now existing or hereafter to be created to execute, supervise, control or administer governmental functions under the laws of this State or to perform such other duties as may be prescribed or to whom any moneys are appropriated under any budget appropriation act or supplemental appropriation act or any other act which authorizes and requires any department to collect or use any taxes, fees, licenses, permits or other receipts for services or otherwise for the performance of any function of or related to or supported in whole or in part by the laws of this State, or created to administer any laws providing for the collection of taxes, fees, permits, licenses or other forms of receipts from any sources whatsoever for the use of the State or any agency of the State. “Agency” or “state agency” does not include the legislative and judicial branches of state government, any non-executive branch agencies of the government, or any university, or local education agencies. (2) “CIO” means Chief Information Officer of the State. (3) “Department” means the Department of Technology and Information. (4) “State” means State of Delaware. (5) “Technology” means the following resources and initiatives used to acquire, transport, process, analyze, store and disseminate information or data electronically: a. Data centers, infrastructure, hardware, technology project management, telecommunications and networking, software applications, service desk, information security, data management, and database administration; and b. Digital government and online initiatives.

Del. Code tit. 29, § 9004C General powers, duties and functions of the Department.

The Department, with the approval of the CIO, may enter into contracts with private entities to perform any of its enumerated duties that can be more efficiently performed in such manner. In addition, the Department of Technology and Information shall have the following powers, duties and functions: (1) The powers and duties described in § 9001C of this title; (2) Create, implement, and enforce statewide and agency technology solutions, policies, standards and guidelines, including as recommended by the CIO; (3) Provide operations and production support to ensure the efficient and reliable operation of the State’s computer and telecommunications network; (4) [Repealed.] (5) Evaluate the performance of technology systems and equipment; (6) Provide analytical and programming support to maintain and upgrade existing technology systems, applications and programs; (7) Provide management of technology facilities; (8) Research all facets of technology systems that may have been or will be installed or are proposed to be installed, and all matters pertaining thereto, including: a. Potential technology solutions of or with private entities; and b. Review of systems and equipment installed or to be installed or of changes or additions in or to equipment in any of the state agencies, regardless of size or of the method or source of funding; (9) Develop and coordinate new technology initiatives and establish statewide information systems and technology priorities for purposes of budgetary funding reviews by the Director of the Office of Management and Budget; (10) Promote cooperation between all state agencies, in order that work may be done by one agency for another agency and equipment and/or technical personnel in one agency may be made available to another agency, and promote such improvements as may be necessary in joint or cooperative technology operations. The Chief Information Officer is authorized to purchase, lease or rent technology and related equipment in the name of the Department of Technology and Information and to operate the equipment in providing services to any or all state agencies. When, in the opinion of the Chief Information Officer, better and more efficient technology services can be performed, the Department may enter into lease or purchase agreements in the acquiring or the use of any technology equipment and use such equipment in a centralized statewide approach. When the Department acts in a centralized statewide approach, the cost of the operation shall be prorated among the state agencies benefiting from those services provided thereby. The Chief Information Officer shall decide on the number of data centers, including the size of each, and shall be empowered to pick the site or sites for the centers and the controlling agency. Any consolidated or cooperative plan approved by the Chief Information Officer shall be given effect; (11) The Department of Technology and Information shall maintain as a paramount consideration the successful internal organization and duties of all state agencies so that efficiency existing in the agencies shall not be adversely affected or impaired by the decisions that are made; (12) Provide consulting services to all agencies including, but not limited to, information technology planning, program budget planning for information technology initiatives, expertise in systems development life cycle methods, and access to technical information on emerging technologies; (13) [Repealed.] (14) Perform policies and procedures as directed by the CIO; (15) Develop an acceptable use policy for e-mail communications for every state executive branch agency; (16) Develop, coordinate, publish and administer a comprehensive state technology plan which shall provide for the centralization and joint use of existing and future communications systems, technology, equipment and services by state agencies; (17) Develop, coordinate, publish and administer standards, policies and procedures for identifying, justifying and documenting technology requirements of state agencies; (18) Establish and promulgate standards, policies, guidelines and procedures concerning the development, implementation, acquisition, and use of the State’s technology assets; (19) Design, procure, install and maintain or, if appropriate, contract for the design, installation and maintenance of technology, equipment, and services for state agencies in accordance with the determinations directed by this subchapter; (20) Perform periodic audits of the technology and activities of state agencies to ensure compliance with the policy and intent of this subchapter, and other applicable laws and regulations; (21) Develop, coordinate, publish and administer policies and procedures for the submission of a statewide technology budget, which shall include all requirements of state agencies, including identification of business requirements by agency; (22) Require that all state agencies having specific technology requirements related to business needs shall cooperate with and assist in the preparation of the statewide technology budget; (23) Establish and coordinate a mechanism for a prorated chargeback process that aligns with the State’s annual budget process with the approval of the Director of the Office of Management and Budget and Controller General. The chargeback rate will cover all centralized technology services statewide; (24) Assign an agency “technology coordinator” to each state agency. It is the intent of this subsection that such technology coordinators will act as the primary points of contact for appropriate communications between the Department and the state agencies, the State General Assembly, the State Judiciary, the State Department of Elections, the State Board of Education, the Office of the State Public Defender, the State Attorney General, the State Treasurer, the Auditor of Accounts, other elective offices, and the school districts; and (25) Perform such other duties in connection with the technology activities of the state government as may be directed by the Governor, or the General Assembly, or as may be required by existing or future state or federal statute.

Del. Code tit. 29, § 9005C Communications powers, duties and functions.

[Transferred to § 9004C of this title by 82 Del. Laws, c. 185, § 1, effective August 5, 2019.]

Del. Code tit. 29, § 9006C Requirements for agency technology projects.

(a) Within guidelines established by the Department of Technology and Information, no new technology project may be initiated by any agency unless covered by a formal project plan approved by the Department and agency head. Such plan will be in the form prescribed by the Chief Information Officer, but shall include in any case: (1) A statement of work to be done, existing work to be modified or displaced; (2) Total cost of system development and conversion effort including, but not limited to, systems analysis and programming costs, process reengineering, establishment of master files, testing, documentation, special equipment costs and all other costs, including full overhead; (3) Savings or added operating costs that will result after conversion; (4) Other advantages or reasons that justify the work; (5) Source of funding of the work, including ongoing costs and staffing resources; (6) Conformance with formal (or abbreviated, where applicable) information systems planning methodologies; (7) Consideration of shared applications and data elements/bases; (8) Consistency with budget submissions and planning components thereof; and (9) End user and staff training as needed. (b) No project is to be undertaken which is beyond the scope of work funded by the General Fund or a special fund. This paragraph applies to all technology performed by the Department of Technology and Information, an agency, or an outside contractor, and also applies to new technology programs or systems purchased or otherwise acquired and placed in use. (c) All projects are to be authorized by the Chief Information Officer and the concerned agency head, or their designees, before work is begun, except such relatively minor feasibility work required to prepare the project. (d) Management control and policy direction over all aspects of computerized data requirements definition, data acquisition, data storage and dissemination, data retention and data retirement standards shall be the sole province of the Department of Technology and Information. (e) The creation and maintenance of statewide data dictionary in which each element of data is defined, collection responsibilities are affixed, and data access by legitimate users clearly defined, shall likewise be the responsibility of the Department of Technology and Information. (f) To those ends, no agency shall: (1) Claim unreasonable proprietary ownership of public domain information needed by another agency in the performance of its lawful duties, except as specifically excluded by law; or (2) Create a computerized database outside of guidelines established by the Department of Technology and Information.

Del. Code tit. 29, § 9007C Chief Information Officer.

(a) The administrator and head of the Department is this State’s CIO. (1) The CIO is appointed, confirmed, and holds office as provided in § 10 of Article III of the Delaware Constitution. (2) The CIO is to receive an annual salary as determined by the General Assembly in the annual appropriations act. (3) The CIO must obtain and retain residency in this State as provided in § 10 of Article III of the Delaware Constitution. (b) In the event of a vacancy in the position of CIO, including the death, resignation, temporary incapacity, or removal of the CIO, and prior to the appointment of a successor, the Governor may appoint any qualified individual to serve as acting CIO.

Del. Code tit. 29, § 9008C Powers, duties, and functions of the CIO.

The following shall be the responsibilities and functions of the CIO: (1) To act as the head administrator of the Department and to ensure that Department carries out all of its statutory duties. (2) To act as the Governor’s chief adviser on issues relating to technology. (3) To serve as the Cabinet level executive for the Department of Technology and Information. (4) To develop partnerships with state agencies in executing agreed upon technology strategies, plans, and projects by ensuring the timely delivery of quality technology solutions, products, and services on a cost effective basis, including setting and maintaining appropriate standards and managing relationships with, and the performance of, selected third-party technology vendors. (5) To build, develop, motivate, and retain a high performing team of technology professionals that will enable the State to achieve its technology vision, strategies, and specific performance objectives. (6) Supervise, direct, and account for the administration and operation of the Department of Technology and Information and its subsections, facilities, functions, and employees. (7) Appoint personnel as may be necessary for the administration and operation of the Department of Technology and Information within such limitations as may be imposed by law. (8) Establish, consolidate, or abolish such sections within the Department of Technology and Information or transfer or combine the powers, duties, and functions of the subsections within the Department of Technology and Information as the Chief Information Officer, with the approval of the Governor, may deem necessary, providing that all powers, duties, and functions required and assigned by law to the Department of Technology and Information shall be provided for and maintained. (9) Make and enter into any and all contracts, agreements, or stipulations for equipment, facilities, and support services, and retain, employ, and contract for the services of private and public consultants, research and technical personnel and to procure by contract consulting, research, technical, and other services and facilities from public and private agencies in this State and other states, whenever the same shall be deemed by the Chief Information Officer to be necessary in the performance of the functions of the Department of Technology and Information; and necessary legal services shall be provided pursuant to Chapter 25 of this title. (10) Delegate any of the Chief Information Officer’s powers, duties, or functions to a manager, except the power to remove employees of the Department of Technology and Information or to determine their compensation. (11) Establish and promulgate such rules and regulations governing the services and programs of the Department of Technology and Information and such other rules and regulations governing the administration and operation of the Department of Technology and Information as may be deemed necessary by the Chief Information Officer and which are not inconsistent with the federal and state law. (12) Maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department of Technology and Information. (13) Prepare a proposed budget for the operation of the Department of Technology and Information to be submitted for the consideration of the Director of the Office of Management and Budget, the Governor, and the General Assembly as directed under this chapter. (14) Coordinate the activities of the Department of Technology and Information with those of other state agencies concerned with the services provided. (15) Have any and all other powers and duties as are necessary to administer the powers, duties, and functions of the Department of Technology and Information and implement the purposes of this subchapter.

Del. Code tit. 29, § 9009C Budgeting and financing.

The Chief Information Officer, in compliance with § 9008C(13) of this title, in cooperation with the internal program managers and office administrators, shall prepare a proposed budget for the operation of the Department of Technology and Information to be submitted for the consideration of the Director of the Office of Management and Budget, the Governor and the General Assembly. The Department of Technology and Information shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly.

Del. Code tit. 29, § 9010C Exemptions from the merit system.

(a) All employees of the Department, including the CIO, shall be exempt from Chapter 59 of this title. (b) The CIO, with the advice of the Secretary of the Department of Human Resources, shall create a compensation plan. Implementation of said plan shall be contingent upon approval by the Director of the Office of Management and Budget and Controller General. Any proposed compensation plan within the Department of Technology and Information should be unique to information technology employees working at the Department and consider all factors including areas requiring specialized skill sets and other elements of providing a comprehensive technology service organization. Such a plan may include competency-based pay, pay-for-performance and other components necessary to recruit and retain highly qualified information technology professionals to the State.

Del. Code tit. 29, § 9011C State information security requirements

The Department of Technology and Information shall have the power to: (1) Develop and implement a comprehensive information security program that applies personnel, process, and technology controls to protect the State’s data, systems, and infrastructure, within the State’s computing environment and on partner systems. All systems that connect to the State network shall comply with the State Information Security Program; (2) Identify and address information security risks to each state agency, to third-party providers, and to key supply chain partners, including an assessment of the extent to which information resources, processes, or technologies are vulnerable to unauthorized access or harm, including the extent to which the entity’s electronically stored information is vulnerable to unauthorized access, use, disclosure, disruption, modification, or destruction, and direct risk mitigation strategies, methods, and procedures to reduce those risks; (3) Establish a central Security Operations Center (SOC) to direct statewide cyber defense and cyber threat mitigation. The SOC responsibilities shall include generating, collecting and analyzing security activity information to effectively identify and respond to cyber-attacks against the State; (4) Implement technical compliance to state-owned technology as required by law. The Department may also implement technical compliance to state-owned technology that is recommended by private industry standards. The Department shall have the full cooperation of state agencies in identifying compliance requirements or industry standards; and (5) Temporarily disrupt the exposure of an information system or information technology infrastructure that is owned, leased, outsourced, or shared by one or more state agencies in order to isolate the source of, or stop the spread of, an information security breach or other similar information security incident.

Del. Code tit. 29, § 9015C Misnomer of Department.

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.

Del. Code tit. 29, § 9016C Supremacy.

All other laws or parts of laws now in effect inconsistent with this chapter are hereby repealed, superseded, modified or amended so far as necessary to conform to and give full force and effect to this chapter.

Del. Code tit. 29, § 9016E State agency technology procurement and management.

(a) The Department shall establish statewide technology standards for use in the procurement process. Further, if the Department has entered into a statewide contract for technology services or resources, then that contract is mandatory use for state agencies. (b) The Department of Technology and Information shall have the full cooperation of state agencies in developing and implementing the sharing of data and information throughout the executive branch. (c) The Department of Technology and Information shall enter into and develop service level agreements necessary to ensure that the state agencies have full access to secure, reliable, and efficient technology services.

Del. Code tit. 29, § 9016F Reallocation of technology personnel and equipment from executive branch agencies.

(a) All employees in executive branch agencies who are currently engaged in the exercise and performance of the powers, duties, and functions, as defined in this title and who are determined by the CIO to be necessary for the exercise and performance of the powers, duties, and functions as defined in this title are hereby reallocated to the Department. In addition, all executive branch agency employees who are determined by the CIO to have been engaged in providing necessary administrative, technical, or other support functions as defined in this title are hereby reallocated to the Department. In order to facilitate this reallocation, all executive branch agencies shall work in cooperation with the CIO, the Secretary of the Department of Human Resources, and the Director of the Office of Management and Budget to develop a detailed plan of implementation to reallocate and centralize all agency employees referenced in this section to the Department. This plan shall include but not be limited to any budgetary, operational, and regulatory changes necessary to implement such a centralization as well as service level agreements with state agencies to ensure continued operations. (b) All technology equipment in executive branch agencies that is currently engaged in the exercise and performance of the powers, duties, and functions, as defined in this title and that is determined by the CIO to be necessary for the exercise and performance of the powers, duties, and functions as defined in this title are hereby reallocated to the Department. In order to facilitate this reallocation, all executive branch agencies shall work in cooperation with the CIO and the Director of the Office of Management and Budget to develop a detailed plan of implementation to reallocate and centralize all executive branch agencies equipment referenced in this section to the Department. This plan shall include but not be limited to any budgetary, operational, and regulatory changes necessary to implement such a centralization as well as service level agreements with state agencies to ensure continued operations.

Del. Code tit. 29, § 9016G Criminal background checks.

(a) The following individuals must submit to a criminal background check: (1) Individuals who have received a conditional offer of employment with the Department. (2) Any contractor or third party that requires access to Department systems, facilities, or data. For the purposes of this section, “third party” shall not include a “user” as defined by § 9017C of this title. (b) Individuals submitting to a background check must provide fingerprints and other necessary information to the State Bureau of Identification so that the Department may obtain the following: (1) A report of the individual’s entire state criminal history record information from the State Bureau of Identification or a statement that the State Bureau of Identification Central Repository contains no such information relating to that individual. (2) A report of the individual’s entire federal criminal history record information from the Federal Bureau of Investigation or a statement that the Federal Bureau of Investigation’s records contain no such information relating to that individual. (c) The State Bureau of Identification shall forward all information obtained under subsection (b) of this section to the Department. (d) The Department has the right to review every criminal background check obtained under this subchapter and make its own determination of the individual’s qualification for employment or access to Department systems, facilities, or data. The Department may conditionally hire an employee, contractor, or volunteer, or grant access to a contractor or third party covered by this subchapter who has been fingerprinted pending the determination of the individual’s qualification for employment or access to Department systems, facilities, or data. If the Department determines that an individual has a disqualifying criminal conviction, the individual may not continue employment or have access to Department systems, facilities, or data. (e) If a current employee or a contractor actively engaged with the Department obtains a background check under this section, the State Bureau of Identification shall provide all of the following to the Department: (1) Any subsequent state criminal history record information of the individual. (2) Any subsequent criminal history record information of the individual available through the “Rap Back System” as defined under § 8502 of Title 11, if the Rap Back System is available.

Del. Code tit. 29, § 9017C Definitions.

As used in this subchapter, the following terms shall have the following meanings: (1) “Collect” shall mean to store information, including via cookie technology, for purposes of retrieval at a later time to initiate communication with or make determinations about the person who is the subject of such information. (2) “The Department” shall mean the Department of Technology and Information. (3) “Disclose” shall mean to reveal, release, transfer, disseminate or otherwise communicate information orally, in writing or by electronic or other means, other than to the person who is the subject of such information. (4) “Internet” shall mean a system of linked computer networks, international in scope, that facilitate data transmission and exchange. (5) “Personal information” shall include, but not be limited to, any information concerning a natural person which, because of name, number, symbol, mark or other identifier, can be used to identify that natural person. (6) “State agency” shall have the same meaning as that assigned to it in § 5804(10) of this Title. (7) “State agency website” shall mean an internet website operated by or for a state agency. Such term shall include those websites operated on behalf of state agencies by other public or private entities, but shall not include any portions of the internet outside the control of the state agency. (8) “User” shall mean any natural person who uses the internet to access a state agency website.

Del. Code tit. 29, § 9018C Development and implementation of agency privacy policies.

(a) Each agency that maintains a state agency website shall develop a policy in conformity with the provisions of this subchapter. Each such policy shall include, but not be limited to, the following elements: (1) A statement of any information, including personal information, the state agency website may collect with respect to the user and the use of the information; (2) The circumstances under which information, including personal information, collected may be disclosed; (3) Whether any information collected will be retained by the state agency, and, if so, the period of time that such information will be retained; (4) The procedures by which a user may gain access to the collected information pertaining to that user; (5) The means by which information is collected and whether such collection occurs actively or passively; and (6) Whether the collection of information is voluntary or required, and the consequences, if any, of a refusal to provide the required information. (b) The Department shall develop a model website privacy policy that can be utilized by state agencies to comply with this section. State agencies may modify or depart from this model policy, provided that the requirements of this subchapter are met.

Del. Code tit. 29, § 9019C Disclosure of agency privacy policies.

Each state agency shall post its internet privacy policy on its website. Such posting shall include a conspicuous and direct link to such privacy policy. The policy shall also be made available at no charge to other public and private entities.

Del. Code tit. 29, § 9020C Prohibition on disclosure of personal information.

No state agency shall disclose personal information concerning a user to any person, firm, partnership, corporation, limited liability company or other entity, including internal staff who do not need the information in the performance of their official duties, unless such user has consented to the disclosure of such personal information. For the purposes of this section, the voluntary disclosure of personal information to a state agency by a user through a state agency website, whether solicited or unsolicited, shall constitute consent to the disclosure of the information by the state agency for the specific purposes for which the user disclosed it to the state agency.

Del. Code tit. 29, § 9021C Exceptions.

Notwithstanding § 9020C of this title, a state agency may disclose personal information if the disclosure is: (1) Necessary to perform the specific statutory duties of the state agency that collected or is collecting the personal information, or required by state or federal law or regulation; (2) Made pursuant to a court order or by law; or (3) If the information is used solely for statistical purposes and is in a form that cannot be used to identify any particular person.

Del. Code tit. 29, § 9022C Consistency with other code provisions.

Nothing in this subchapter shall abridge public access to information available or permitted by any other provisions of the Delaware Code. Nothing in this subchapter shall authorize the disclosure of information the disclosure of which is prohibited or restricted by any other provisions of the Delaware Code.

Del. Code tit. 29, § 9030C Delaware Cyber Security Advisory Council

(a) There is hereby established a Delaware Cyber Security Advisory Council hereinafter referred to as the “DCSAC.” The DCSAC shall consist of 17 members to include the following: (1) State Chief Information Officer, who shall serve as chair; (2) State Chief Security Officer; (3) Secretary of the Delaware Department of Safety and Homeland Security; (4) Director of the Delaware Emergency Management Agency; (5) Adjutant General of the Delaware National Guard; (6) President of the League of Local Governments; (7) President of the Delaware State Chamber of Commerce; (8) President of the Delaware Association of School Administrators; (9) Director of Consumer Protection of the Department of Justice; (10) Chief Justice of the Supreme Court; (11) President of the Delaware Healthcare Association; (12) Four private sector representatives appointed by the Governor; and (13) Two representatives of Higher Education appointed by the Governor. (b) Members serving by virtue of position may appoint a designee to serve. (c) Members appointed by the Governor shall serve at the pleasure of the Governor. (d) The duties of the DCSAC are to do all of the following: (1) Facilitate cross-industry collaboration to share best practices and mitigate cyber security risks related to critical infrastructure and protected systems; (2) Develop recommendations for improving the overall cyber security posture across all sectors in Delaware; (3) Develop recommendations for increasing information sharing between all sectors in Delaware; (4) Recommend resources and possible methods to accomplish the recommendations identified in paragraph (d)(3) of this section; (5) Provide recommendations to the Office of the Governor regarding the interoperability of equipment, technologies, and software infrastructure related to the cyberattacks and cybersecurity; (6) Identify and participate in appropriate federal, multistate, or private sector programs and efforts that support or complement its cybersecurity mission; (7) Liaise with the National Cybersecurity and Communications Integration Center within the United States Department of Homeland Security, other state and federal agencies, and other public and private sector entities on issues relating to cybersecurity. (e) The DCSAC may establish a subcommittee. (1) The purpose and scope of the subcommittee will be the exchange of information about cybersecurity vulnerabilities and response plans with entities who do not wish to be publicly identified. (2) The Chair of the DCSAC will chair the subcommittee. (3) The subcommittee will include at least 3 members of the DCSAC. (4) The subcommittee will provide updates to the DCSAC as determined by DCSAC. (5) The records of the subcommittee, including its summary information, findings, and recommendations, are not public records or subject to public inspection, except if shared with DCSAC. (6) This subcommittee is not a public body subject to Chapter 100 of this title. (f) The Delaware Department of Technology and Information shall provide staff and fiscal support to the DCSAC as part of the Department’s ongoing responsibility.

Del. Code tit. 29, § 9041C Purpose [Expires July 17, 2034, pursuant to 84 Del. Laws, c. 307, § 3].

The Delaware AI Commission is created to do all of the following: (1) Make recommendations to the General Assembly and to the Chief Information Officer of the Department on legislative and executive actions regarding AI in Delaware. (2) Develop and recommend statewide processes, principles, and guidelines for executive, legislative, and judicial agencies to follow regarding use of AI. (3) Encourage agencies to utilize AI to improve service delivery, where appropriate. (4) Examine, develop, and recommend legislative, executive, and judicial actions that ensure the use of AI in Delaware keeps citizens safe and does not violate any individual’s rights. (5) Conduct an inventory of all generative AI usage in Delaware executive, legislative, and judicial agencies and identify high risk areas for the implementation of generative AI.

Del. Code tit. 29, § 9042C Definitions [Expires July 17, 2034, pursuant to 84 Del. Laws, c. 307, § 3].

As used in this subchapter: (1) “Artificial Intelligence” or “AI” means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. (2) “Commission” means the Delaware AI Commission. (3) “Generative AI” means the class of AI models that emulate the structure and characteristics of input data in order to generate derived synthetic content. This can include images, videos, audio, text, and other digital content.

Del. Code tit. 29, § 9043C Commission membership; qualifications; term of office [Expires July 17, 2034, pursuant to 84 Del. Laws, c. 307, § 3].

(a) The Commission is composed of 23 voting members, as follows: (1) Twelve members serving by virtue of position, or their designee, as follows: a. The Chief Information Officer of the Department of Technology and Information. b. The Attorney General. c. The Secretary of the Department of Labor. d. The Secretary of the Department of Education. e. The Secretary of the Department of Transportation. f. The Director of the Office of Management and Budget. g. The Chief Justice of the Supreme Court. h. The Secretary of State. i. The Secretary of the Department of Health and Social Services. j. The Secretary of the Department of Safety and Homeland Security. k. The State Election Commissioner. l. The Executive Director of the Government Efficiency and Accountability Review Board. (2) Four members who are residents of the State and appointed by the President Pro Tempore of the Senate as follows: a. One member of a higher education institution with specialization in AI. b. One member representing private sector entities with experience in developing or implementing AI. c. A member of the Senate from the Majority Caucus. d. A member of the Senate from the Minority Caucus. (3) Four members who are residents of the State and appointed by the Speaker of the House as follows: a. One member of a higher education institution with specialization in AI. b. One member representing private sector entities with experience in developing or implementing AI. c. A member of the House of Representatives from the Majority Caucus. d. A member of the House of Representatives from the Minority Caucus. (4) Three members who are residents of the State and appointed by the Governor as follows: a. One member of a higher education institution with specialization in AI. b. One lawyer with expertise in U.S. and Delaware constitutional rights. c. One member representing private sector entities with experience in developing or implementing AI. (b) An appointed, voting member of the Commission serves for a term of up to 3 years and is eligible for reappointment. (c) If an appointed, voting member of the Commission fails to attend 3 successive meetings of the Commission without just cause, that member’s position may be deemed vacant, and their appointing authority may appoint a replacement. (d) Members of the Commission serve without compensation, except that the Commission may reimburse members for reasonable and necessary mileage and tolls incident to duties as members of the Commission. (e) The Chair of the Commission shall appoint annually 1 nonvoting member who, at the time of appointment, is or will be in the next school year, a tenth, eleventh, or twelfth grade student in a public or private school in Delaware. Priority must be given to the selection of an individual who has demonstrated an interest in and commitment to the study of AI.

Del. Code tit. 29, § 9044C Authority; staffing [Expires July 17, 2034, pursuant to 84 Del. Laws, c. 307, § 3].

(a) The Commission shall be placed within the Department and shall have such powers, duties, and functions as described in this subchapter and such other duties and functions as may be referred to it by the Governor, the Chief Information Officer of the Department, or the General Assembly. (b) The Chief Information Officer of the Department shall provide staff support to the Commission.

Del. Code tit. 29, § 9045C Chair and vice chair; selection and duties [Expires July 17, 2034, pursuant to 84 Del. Laws, c. 307, § 3].

(a) The Commission shall elect a chair and vice chair at its first meeting and the chair and vice chair shall serve until a replacement is elected. If the chair becomes vacant, the vice chair shall fulfill the duties of the chair contained in subsection (b) of this section until a replacement is elected at its next meeting. (b) The chair of the Commission shall do all of the following: (1) Set a date, time, and place for the meetings of the Commission. (2) Supervise the preparation and distribution of meeting notices, agendas, minutes, and other documents prepared by or on behalf of the Commission.

Del. Code tit. 29, § 9046C Quorum and conduct of business [Expires July 17, 2034, pursuant to 84 Del. Laws, c. 307, § 3].

(a) A majority of the membership of the Commission constitutes a quorum to conduct official business. Official action by the Commission, including making findings and recommendations, requires the approval of a majority of the members of the Commission present at a meeting with quorum. (b) The Commission may adopt rules necessary for its operation. (c) In carrying out the Commission’s duties under this subchapter, the Commission shall consider any related plans and programs developed by other organizations with expertise in AI.

Del. Code tit. 29, § 9047C Annual report [Expires July 17, 2034, pursuant to 84 Del. Laws, c. 307, § 3].

On or before December 31, 2024, and on or before every December 31 thereafter, the Commission shall submit 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 Legislative Services, for distribution to the members of the General Assembly, an annual report of the Commission’s activities for the previous year and goals for the upcoming year. The report may also include proposals for legislation, administrative action, or other policy changes the Commission considers necessary to further the goals and purposes of this subchapter.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title29/c090c/sc01/index.htmlFetched: 10/4/2026