This week, DANA provided testimony on two pieces of legislation during the current legislative session: HB 84(S), related to workplace “captive audience” meetings, and HB 306, a bill addressing transparency in the use of artificial intelligence chatbots. 

HB 84(S) – Captive Audience Bill 

DANA testified before the House Labor Committee regarding HB 84(S), which addresses certain types of mandatory employer meetings. During the development of the bill, DANA worked with the bill sponsor, Rep. Eric Morrison, to ensure that nonprofit organizations would not face unintended restrictions on internal discussions about policy issues connected to their missions. 

Many nonprofit organizations regularly discuss public policy issues that affect the communities they serve, and those conversations are often an important part of mission-driven work. The bill was amended to clarify that 501(c)(3) nonprofit organizations may communicate with employees about policy issues relevant to their mission and work, as long as those communications remain nonpartisan.  

Because this clarification protects nonprofit advocacy activities, DANA indicated in testimony that the bill is not expected to have significant direct impacts on the nonprofit sector. 

HB 306 – AI Chatbot Disclosure Legislation 

DANA also provided feedback on HB 306, legislation introduced by Rep. Cyndie Romer that would require organizations to disclose when consumers are interacting with AI-powered systems rather than humans. 

DANA supports the goal of transparency in AI use, particularly as automated tools become more common in customer service and online interactions. However, DANA raised several implementation concerns that could disproportionately affect nonprofits and small organizations. 

These concerns included the bill’s private right of action, which could expose organizations to costly lawsuits, the possibility of liability even when no consumer harm occurs, and the broad scope of the bill, which could apply to routine tools such as website chat assistants, scheduling systems, or volunteer registration platforms.  

DANA suggested several refinements to ensure the bill protects consumers while remaining workable for nonprofits, including clarifying the scope of covered interactions and prioritizing enforcement through the Attorney General rather than private litigation. 

Upcoming Sub-Sector Advocacy Days 

DANA members are invited to join us for our next two Subsector Advocacy Days at Legislative Hall in Dover on March 18 and March 25 from 11:30 AM to 2:00 PM. These days are for DANA members and provide a valuable opportunity to engage directly with policymakers and ensure your organization’s voice helps shape the implementation of policy changes affecting Delaware’s nonprofit sector.  

The March 18 Advocacy Day will focus on Adult Services and Social Work, while the March 25 Advocacy Day will highlight Economic and Community Development. By participating, you help strengthen the nonprofit sector’s position as an equal economic and employment partner in Delaware. Register here: www.alliance.delawarenonprofit.org/events.