Bill targets deepfakes used in elections
A bill aimed to prevent deepfake technology used to influence elections was introduced Feb. 29
“Deepfake technology becomes more accessible and sophisticated every day, and unfortunately, we’ve already seen examples of how [artificial intelligence]-generated content can be used to confuse voters and influence election outcomes,” said Rep. Cyndie Romer, D-Newark, sponsor of the bill.
House Bill 316 would create a new election crime – use of deepfake technology to influence an election. Under this statute, it would be a crime to distribute within 90 days of an election an audio or visual depiction that has been manipulated or created with generative adversarial network techniques, with the intent of harming a party or candidate, or otherwise deceiving voters. It is not a crime, nor is there a penalty, if the altered media contains a disclaimer stating, “This audio/video/image has been altered or artificially generated.” There is also provision for civil injunctive relief for a candidate depicted in a deepfake. There are various exceptions to protect speech, expression and media rights. A violation of this statute is a Class B misdemeanor unless the deepfake is intended to cause violence or bodily harm, in which case it is a Class A misdemeanor, or if it is a repeat offense within five years, in which case it is a Class E felony. All offenses under this section are heard in Superior Court.
“The rapid advance of deepfakes and other digitally manipulated media should be of great concern to all Delawareans who may find it increasingly difficult to distinguish between real sounds and images, and fraudulent misrepresentations created with the help of artificial intelligence,” said Senate Majority Leader Bryan Townsend, D-Newark, the bill’s Senate prime sponsor. “That confusion can be especially dangerous for our democracy if bad actors are permitted to dominate the landscape with false representations and doctored media.”
The bill awaits action in the House Administration Committee.
Legislative bills filed Feb. 29
• Senate Joint Resolution 5, filed by Sen. Gerald Hocker, R-Ocean View, would require the Delaware Department of Natural Resources and Environmental Control to create a pre-construction decommissioning bond for wind turbine components in Maryland. The resolution is in the Senate Environment, Energy & Transportation Committee.
• House Substitute 1 for HB 203, sponsored by Rep. Jeff Hilovsky, R-Millsboro, would require at least a half-credit financial education course for high school graduation. The bill awaits action by the House.
* HS1 for HB 252 would grant graduates of the Delaware Institute of Higher Education teacher-residency program one year of experience credit in addition to any other experience granted under Section 1312. The goal of this act is to incentivize a new graduate who has completed the year-long Delaware residency program to stay and teach in Delaware by elevating their starting pay grade level by giving them one year of experience credit. The bill awaits action by the House.
• A Senate Concurrent Resolution to establish a classroom behavior and school discipline task force that had been laid on the table in the Senate by Sen. Eric Buckson, R-Dover South, was defeated March 5 along party lines. Six Republicans voted in favor, but 14 Democrats did not vote and one was absent. Immediately after, Senate Majority Leader Bryan Townsend, D-Newark, put forth his SCR 119 to establish a Student Behavior and School Climate Task Force, which passed along party lines, 14-3, with three not voting and one absent.
• SB 218, filed by Sen. Dave Lawson, R-Marydel, is the first leg of a constitutional amendment that would limit raising taxes for only necessary and essential governmental programs and operations, and for no other purpose. The bill awaits action in the Senate Executive Committee.
• SB 227 would create dedicated information technology units for Delaware public schools, instead of using a unit for a teacher. The bill is in the Senate Education Committee.
• SB 222 would require one apprentice for every three licensed electricians on a job site. A contractor in violation would face a $5,000 to $10,000 penalty per individual, and a $10,000 fine if the proper ratio is not met. The bill awaits action in the Senate Legislative Oversight & Sunset Committee.
• HB 298 creates the Vulnerable Adult Populations Commission to write a report addressing incidents of vulnerable adult abuse, neglect or exploitation, and ways to prevent them. The bill awaits action in the House Sunset Committee.
• HB 304 would require all individuals applying for employment with the Department of Technology and Information undergo a state and federal criminal background check through the State Bureau of Identification. The bill is in the House Technology & Telecommunications Committee.
• HB 16 would require that Medicaid and state employee health plans cover ovarian cancer-monitoring tests for women treated for ovarian cancer, and annual screening tests for women at risk for ovarian cancer. A second bill, HB 15, would require all individual, blanket and group health insurance policies to cover annual ovarian cancer screening tests for women at risk for ovarian cancer, and it further expands the scope of monitoring tests available to women subsequent to ovarian cancer treatment. Both bills are in the House Health & Human Development Committee.
• HB 24 would create a new charitable donation option on the Delaware income tax return for a mental health group – SL24: Unlocke the Light Foundation. The bill was reported out of House Revenue & Finance Committee March 5 and awaits action in the House.
• HB 303 modifies the eligibility standard from 100% disability to 80% disability or greater for veterans to qualify for the credit against taxation on qualified property and corrects a typographical error. The bill is in the Veteran’s Affairs Committee.
• HB 313 would ensure that all female inmates in Delaware Department of Correction custody, at level IV or V, receive annual or biennial screening mammograms as recommended by the U.S. Preventive Services Task Force. The bill is in the House Corrections Committee.
Senate Banking, Business, Insurance and Technology Committee
• SB 219 creates penalties for misrepresentation of a service animal under the Delaware Equal Accommodations Law and misrepresentation of an assistance animal under the Delaware Fair Housing Act. A first violation is a civil penalty in the amount of $500 and each subsequent offense is an unclassified misdemeanor.
• SB 229 would allow a former employee to inspect their own personnel files, although the bill does not determine how long an employer must retain those files.
Senate Health & Social Services Committee
• SB 220 covers third-party insurance payments for people who also qualify for Medicaid, including barring third parties from refusing payment for an item or service if it is approved under Medicaid. The bill was reported out of committee March 6 and awaits action in the Senate.
• SB 223 would regulate mobile-integrated healthcare and community paramedicine by authorizing the Division of Public Health to handle applications and set standards.
Senate Elections & Government Affairs Committee
• Sen. Gerald Hocker, R-Ocean View, filed two bills allowing towns to impose and collect a lodging tax. SB 213 would allow Millville to do so, while SB 214 would allow it in Millsboro.
• SB 221, filed by Sen. Dave Wilson, R-Lincoln, would require the Department of State to provide a state or U.S. flag to be draped over the coffin of a member of the Delaware National Guard or a fire or police department who has served at least 10 years, if requested by next of kin.
• SB 230 clarifies that elected officials may not be prevented from engaging in constituent relations and that candidates for public office or staff or volunteers may not be prevented from engaging in election-related or similar activities in residential communities.
Senate Judiciary Committee
• SB 224, sponsored by Sen. Brian Pettyjohn, R-Georgetown, removes private schools from the Safe School Zone law.
• SB 228 would change the definition of "copycat weapon" so that small-caliber rimfire pistols, which are primarily or solely used in competitive target shooting, are not made unlawful to purchase, own, possess or transfer.
• Senate Substitute 1 for SB 174 was filed to add Justices of the Peace; commissioners in Superior Court, Family Court and Court of Common Pleas; and Magistrates in Chancery to the State Judicial Pension Plan.
House Economic Development/Banking/Insurance & Commerce Committee
• HB 17 would require all employers in the state to provide employees with a minimum of one hour of earned sick time and safety leave for every 30 hours worked. For employers with nine or fewer employees, it may be unpaid, job-protected time instead of paid time. Hours can be capped at 40 per year and allowed to carry over. Penalties would be $2,000 to $20,000. If discrimination or retaliation is found, a $20,000 to $50,000 penalty may apply.
• HB 302 would require all group, blanket and individual health insurance policies to cover prostate screening for men at high risk for prostate cancer who are over the age of 40. Men at high risk for prostate cancer means African American men or those with a family history of prostate cancer.
• HB 317 would require all sellers of third-party gift cards to display a notice of potential scams involving gift cards.
House Public Safety & Homeland Security Committee
• HB 19 would create a background special license plate for the United Way of Delaware Pride Council. The bill was reported out of committee March 5 and awaits action in the House.
• HB 314 would change the secretary of Health and Social Services to secretary of Transportation for determining the status of driver’s license for individuals with a potential medical condition, which allows for quicker response and ensures the confidentiality of a driver.
House Education Committee
• HB 23 allows more flexibility for higher education assistance for students in foster care by allowing money to be used for direct and indirect educational expenses. It also removes the one-year residency requirement for applicants.
• HB 22 creates the School Personnel Protection Act for an employee, contractor or subcontractor of a public or private elementary or secondary school by making it a second-degree assault if they are physically injured – intentionally or recklessly.
• HB 306 would allow the Division of Motor Vehicles to refuse to renew registration of a vehicle that illegally passes a stopped school bus and is captured on a school bus camera.
• HB 307 would provide a tuition waiver for victims of human trafficking who are enrolled in the University of Delaware, Delaware State University or Delaware Technical Community College.
• HB 309 would update the definition of child care facility to reflect the move of the Office of Child Care Licensing from the Department of Services for Children, Youth & Their Families to the Department of Education. The bill was reported out of committee March 6 and awaits action in the full House.
• HB 312 would require school board members to engage in both financial responsibility training, and training to understand educational and legal issues about due process and special education.
• HB 308 would mandates that employees of institutions of higher education and students receive training in sexual assault prevention.
• House Substitute 1 for HB 5 would charge the Department of Health & Social Services to apply to the Centers for Medicare and Medicaid Services for a State Plan Amendment that would allow for reimbursement of medically necessary behavioral health services without individualized education program or individualized family service plan documentation. Local education agencies must use the reimbursed funds to further invest in school-based behavioral health supports. The bill was reported out of committee March 6 and now awaits action in the full House.
House Judiciary Committee
• HB 311 would add postsecondary colleges and universities to the Safe School Zone criminal offense so that any person who knowingly possesses a firearm, as defined in Title 11, while in or on a college or university facility or campus may be charged with this additional offense.
• HB 318 would increase the exemption in bankruptcy and other debt proceedings for a debtor’s personal residence from $125,000 to $200,000. It also increases the exemption for tools of the trade and for a vehicle to $25,000 from $15,000, and it exempts worker’s compensation awards under the laws of other states from attachment in bankruptcy or other proceedings in the same manner that a worker’s compensation award made under Delaware law is exempt.
House Administration Committee
• HB 21 would require that all regulations adopted by an agency between each Nov. 1 and Oct. 31 expire at 5 p.m. on the following June 30 unless the General Assembly enacts a law to remove the expiration of the regulation, and addresses committee oversight.
• HB 20 would enhance the General Assembly’s oversight of regulations adopted by state agencies, including making clear that the Registrar of Regulations is required to provide notice of each regulation proposed by a state agency to each member of the appropriate standing committee of each House of the General Assembly and to provide any comments collected from members of the standing committee to the state agency.
• HB 301, sponsored by Rep. Sean Lynn, D-Dover, is the first leg of a constitutional amendment that would prohibit the death penalty in the state.
• HB 319 would require the Department of Human Resources to develop an executive branch policy restricting nepotism in state employment and prohibiting supervision of a state employee by a relative. It further requires the legislative and judicial branches, as well as offices headed by other elected officials, to develop and implement comparable policies.
• HB 18 would amend the Merit System of Personnel Administration by allowing preferential hiring for casual seasonal employees who are performing the same job duties of a posted merit position.
• House Amendment 2 for HB 281 is similar to HA 1, allowing the option for a Medicare Advantage Plan for eligible pensioners hired on or after Jan. 1, 2025, but refers to eligible pensioners who retire on or after Jan. 1, 2028.
• HA 1 for HB 291 would require the Department of Elections to keep a record of donors’ employers and their job title, but this information will not be considered a public record under the Freedom of Information Act. This amendment also requires a reporting party who has knowingly accepted an unlawful contribution to return it to the donor rather than pay it to the state treasurer for deposit in the general fund.
House Natural Resources & Energy Committee
• HS 1 for HB 12 would provide up to $1,000 per applicant for the purchase and installation of electric vehicle charging equipment at or near the applicant’s place of residence. It further requires that at least 25% of the awards given under this program go to low-income applicants. The bill is in the House Natural Resources & Energy Committee.
• HB 14 would create a new license for the use of trotline in commercial crabbing. It awaits action in the House Natural Resources & Energy Committee.
Amendments
• Senate Amendment 1 to SB 201, sponsored by Sen. Eric Buckson, R-Dover South, would expand the definition of a U.S. military pension to include a pension received for an individual’s service in the commissioned corps of the National Oceanic and Atmospheric Administration and the commissioned corps of the Public Health Service, and clarifies that the armed forces of the United States include the Space Force and Coast Guard. The bill awaits action in the Senate Executive Committee.
• HA 1 for HB 263 adds graduation ceremonies to the list of extracurricular activities that may not be restricted due to a student’s outstanding debt for school meals. The bill awaits action by the full House.
• HA 1 for HB 277 would clarify the intent of HB 277 to provide the Court of Common Pleas with sole original jurisdiction, to the exclusion of the Justice of the Peace Court, for drag racing and other vehicle speed racing, and that a violation of this section is within the jurisdiction of the Superior Court when it is joined with another offense that is within the jurisdiction of the Superior Court. The bill awaits action by the full House.
