Section 1. Amend Subpart I, Subchapter III, Chapter 5, Title 11, Delaware Code by inserting therein the following:

“§919. Using a diploma mill degree – Penalty.

(a) It is unlawful for a person to knowingly use a diploma mill degree:

(1) To obtain employment;

(2) To obtain a promotion or higher compensation in employment;

(3) To obtain admission to an institution of higher learning; or

(4) In connection with any business, trade, profession, or occupation.

(b) As used in this section, ‘diploma mill degree’ means a document such as a degree or certification of completion of a degree, coursework, or degree credit, including a transcript, that provides evidence or demonstrates completion of a course of instruction or coursework that results in the attainment of a rank or level of associate or higher which is issued by a person that is not a duly authorized institution of higher learning.

(1) Has accreditation recognized by the United States secretary of education;

(2) Has an authorization to operate in this State;

(3) Does not operate in this state and is:

a. Authorized by the appropriate state agency; and

b. An active applicant for accreditation by an accrediting body recognized by the United States secretary of education; or

(4) Has been found by this State’s Department of Education to meet standards of academic quality comparable to those of an institution located in the United States that has accreditation recognized by the United States secretary of education to offer degrees of the type and level claimed.

(d) A person who violates subsection (a) of this section is guilty of a class B misdemeanor.

§919A. Using, claiming, issuing or manufacturing an unearned degree – Penalties.

(a) An individual may not knowingly use or claim to have an unearned degree:

(1) To obtain employment;

(2) To obtain a promotion or higher compensation in employment;

(3) To obtain admission to an institution of higher learning; or

(4) In connection with any business, trade, profession, or occupation.

(b) As used in this section, ‘unearned degree’ means a document purporting to indicate that the individual has successfully completed an organized program of study or successfully completed courses that results in the attainment of a rank or level of associate or higher when the individual has not so completed and attained. ‘Unearned degree’ does not mean a diploma mill degree.

(c) A person who violates subsection (a) of this section is guilty of a class A misdemeanor. The sentence shall include loss of the entire credited service for a violation of (a)(1) of this section and all credited service earned subsequent to a violation of (a)(2) of this section. For purposes of this subsection, ‘credited service’ means the time of service which is used to determine eligibility for a State, County or Municipal pension.

(d) A person who issues or manufactures an unearned degree shall be guilty of a Class F felony.”.

Section 2. The loss of credited service imposed by this Act shall be limited to credited service accrued after this Act’s enactment into law.

SPONSOR:	Sen. Simpson & Rep. Ulbrich
	Sens. Bunting, Cloutier, Copeland, Henry, Sokola, Still; Reps. Buckworth, Ewing, Hocker, Hudson, Maier, Booth