Delaware AI Law

Browse Delaware law and bill articles, dated legislative records, and the historical tracker below. A date in an entry identifies the recorded event or source check; it does not imply that every measure has been rechecked today.

Current enacted law

• Delaware AI Commission (HB 333, 84 Del. Laws ch. 307; amended by HB 16, 85 Del. Laws ch. 17). The 2024 act created the commission to recommend AI policy and inventory generative-AI use in state government; the 2025 amendment revised its membership and definitions. The governing subchapter is scheduled to expire July 17, 2034.
• Election deepfakes (HS 1 for HB 316, 84 Del. Laws ch. 487). Delaware Code title 15, § 5145 restricts knowing distribution of deceptive candidate or party deepfakes within 90 days before an election, with a disclosure route, specified exceptions, criminal penalties and candidate civil relief. Approved October 9, 2024. The temporary broadcaster exception in § 5145(d)(2) expired one year after enactment; the current code should be consulted for operative exceptions.
• Amelia Kramer Act (HB 353, 84 Del. Laws ch. 479). The 2024 act added deepfakes to civil remedies for nonconsensual intimate imagery in title 10, chapter 78, and to the title 11 violation-of-privacy offense. It was approved October 9, 2024.
• Personal-data profiling and automated decisions (HB 380, 85 Del. Laws ch. 463). Signed September 2, 2026, this amendment to the Delaware Personal Data Privacy Act takes effect January 1, 2027. It expands consumer access to information about profiling used for decisions with legal or similarly significant effects, adds impact-assessment requirements for covered controllers using profiling for such automated decisions, and provides notice and review-request terms for adverse decisions based on disclosed reports.
• Medical professional titles and nonhuman entities (HB 191, 85 Del. Laws ch. 250). Since April 23, 2026, a nonhuman entity, including an AI agent, cannot obtain specified nursing, physician or physician-assistant licenses or certifications or use the protected professional titles and abbreviations listed in title 24.

Draft artificial intelligence company proposal

See October 26 news: House Oversight inquiry into the proposed AI-company framework.

House Joint Resolution 7, signed July 23, 2025, directed the Delaware AI Commission and Secretary of State to develop a regulatory sandbox for agentic AI. A 36-page draft dated June 2, 2026, proposes a new artificial intelligence company (AIC) entity and a supervised sandbox. The draft would give the AIC a single eligible human or Delaware-entity member and an AI-agent manager; it sets capital, recordkeeping and oversight duties and specifies when a member may be liable. Its sponsor and bill-number fields are blank. WHYY reported on September 30 that lawmakers may consider the proposal in January 2027.

Related coverage: September 30, 2026 daily digest.

October 26, 2026 House Oversight inquiry

House Oversight and Government Reform chair James Comer asked Governor Matt Meyer for records concerning the proposed AIC framework, covering January 1, 2025 onward, by November 9, 2026. His letter requests policy-development communications, including internal AI chat logs; outside contributors’ agreements; records concerning safety, harms and liability; and proposal drafts and comments.

Comer raises concerns about liability protections, risk assessment and outside influence, and says the information could inform possible federal legislative action. These are the committee chair’s concerns and requests, rather than findings of misconduct or an enacted restriction on Delaware’s proposal. The letter does not establish that Delaware has supplied the records or changed its draft. See October 26 news coverage.

Historical tracker

May 1, 2026 tracker snapshot

These entries retain the historical NCSL snapshot used by the former state directory. Status labels, including “pending,” “enacted,” “failed,” and “vetoed,” describe that snapshot, not a current-status assessment. This is not a complete inventory of enacted law.

NCSL’s May 1, 2026 snapshot lists 1 AI-related 2026 measure for Delaware.

Enactments and resolutions recorded in the snapshot

• DE H 191 — Medical Professionals Titles; enacted; Clarifies that a nonhuman entity, including an agent powered by AI, may not be licensed as a professional nurse, APRN, practical nurse, physician, or ph.... Topics: Health Use.

Other measures recorded in the snapshot

• No proposed AI-specific legislation currently tracked.