Rep. Sherry Dorsey Walker

This bill increases the amount that a tenant may deduct from rent in order to have necessary work done on the rental premises if the landlord fails to repair or maintain the premises after proper notice. The original amount of $200 was selected at the time that the Landlord Tenant Code was drafted in 1996. The amended amount of $400 reflects inflation of rent and cost of repairs.

Recent high-profile attacks on judges and their families are a constant reminder to those that choose public service that they may be doing so at the risk of their and their loved ones’ lives. The death of U.S. District Court Judge Esther Salas’ son, Daniel Anderl, in New Jersey is tragically just one example – numerous instances of threatening and harassing behavior targeted at judicial officers rarely make prime time news but nonetheless impacts them. The rise and use of social media and online access to information has made it more difficult for judicial officers to maintain their privacy. This Act would allow judicial officers to make a written request that their personal information not be published and remain confidential. The Act takes effect 1 year after its enactment to allow for implementation.

The Act places the Parents Right to Know Act in the Department of Education instead of the Department of Services for Children, Youth, and Their Families. This Act also clarifies the notice requirements.

This Act extends the limited licensing exemption for adjusters, who are dispatched by insurers to the State after catastrophic events, such as hurricanes or tornadoes, to appraisers. This change will allow for the prompt appraisal and settlement of motor vehicle claims arising from such catastrophic events.

This bill would allow a court of competent jurisdiction to dismiss minor equipment violations upon a showing that repair(s) have been made. The sections include inoperative horn, missing rear-view mirror, improper window tint, and inoperable headlights, taillights, turn signal lights, and lighting on a motorcycle.

This bill repeals certain provisions in Title 11 relating to abortion including provisions which treat abortion differently than other medical procedures, and provisions which criminalize women and the sale of medical devices and medicines.

This Act a result of the Joint Legislative Oversight and Sunset Committee’s (“JLOSC”) review of the Council on Correction (“Council”), and revamps Council’s governing statute based on discussions throughout the review. In addition to making several technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual, this Act also does the following: - Provides administrative support through the Criminal Justice Council as a pilot partnership program with a 5-year sunset provision. This partnership is intended to provide Council with needed staff support and training opportunities, both which the Criminal Justice Council is able to provide. - Clarifies Council’s advisory role. - Adds provisions regarding quorum and member removal. - Requires the Council to hold public meetings in all 3 counties. - Enables the Council to adopt bylaws or other procedural rules. - Requires the Council to submit an annual report.

This Act permits an officer to refer a juvenile who is in possession of alcohol or marijuana to the Juvenile Civil Citation Program rather than issue an assessment for a monetary civil penalty. Pursuant to the Juvenile Civil Citation Program, a juvenile may be referred to counseling, treatment, or other appropriate interventions. The bill also removes a provision requiring monetary marijuana penalties to double if unpaid within 90 days.

Subchapter III, Chapter 68, Title 16 of the Delaware Code (“Subchapter III”) was originally enacted in 1982. In 1996, President Clinton signed the Bill Emerson Good Samaritan Food Donation Act, 42 U.S.C. § 1791 (“Bill Emerson Act”). The Bill Emerson Act preempts Subchapter III to the extent of any conflict, known as “partial preemption”. This Act makes Subchapter III consistent with the Bill Emerson Act by protecting a “gleaner” from civil or criminal liability as it relates to their donation of the gleaned food. Since the Bill Emerson Act only partially preempts state law on this subject, the State is free to provide greater protection than the Bill Emerson Act. Therefore, this Act does all of the following: 1. Extends to those who, in good faith, donate food to state agencies the same immunity from civil or criminal liability that is granted to those who, in good faith, donate food to nonprofit organizations. 2. Specifically includes within the definition of “food” both perishable food and wild game to makes it clear that food, in all of its forms, is covered by this Act. Thus, under this Act, those donating deer to the Division of Fish and Wildlife’s Sportsmen Against Hunger program would be immune from civil or criminal liability as it relates to the donation. 3. Protects a person who, in good faith, provides services to a nonprofit organization or state agency related to the processing of wild game that is donated to a nonprofit organization or a state agency. This Act removes the exemption from liability for donation of prepared food from Title 10 so that the exemption no longer appears in both Title 10 and Title 16. The Act also clarifies the authority of Division of Public Health and Department of Agriculture relating to donated food.

Senate Bill No. 78 enhances the qualifications for an individual to serve as a member of a school board or the State Board of Education. Specifically, this Act does all of the following: 1. Requires a prospective member of a school district board or State Board of Education to undergo the background check for child-serving entities and provides authority for the State Bureau of Identification to provide the required background check information to the appropriate entities. 2. Provides that background check information provided under this Act is not a public record under the Delaware Freedom of Information Act. 3. Requires that the Commissioner of Elections determine that an individual does not have any disqualifying convictions before the individual can be a candidate for election to a school board. 4. Requires the suspension of a member of a school board or the State Board of Education if the member is charged with a crime that would disqualify the individual from holding the position if convicted. 5. Requires the suspension of a charter school board member who is charged with a disqualifying offense. Existing law requires potential charter school board members to undergo and pass a criminal background check to serve as a charter school board member. 6. Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. The disqualifying convictions under Senate Bill No. 78 are similar to those that cause an educator to lose their license or certificate and the additional qualifications do not apply to current school board members until the expiration of the member’s current term, unless the member is charged with a disqualifying crime while serving. Senate Substitute No. 1 for Senate Bill No. 78 differs from Senate Bill No. 78 as follows: 1. Automatically suspends a member of the State Board of Education or a vocational-technical school district board if the member is charged with a disqualifying crime instead of requiring the Governor to suspend the member. 2. Imposes a 10-year period of ineligibility, instead of a lifetime bar, for someone convicted of a violent felony. 3. Removes the section making this Act effective immediately because legislation is always effective immediately, unless otherwise provided, so that section is unnecessary. Senate Substitute No. 2 for Senate Bill No. 78 differs from Senate Substitute No. 1 for Senate Bill No. 78 and Senate Bill No. 78 as follows: 1. Changes the permanent disqualification of an individual convicted of a felony offense against public administration to a 10-year disqualification like other felonies. 2. Requires a candidate for election to a school board to have requested the background checks by the deadline to file notice of candidacy but provides the State Bureau of Identification and the Department of Services for Children, Youth and Their Families with 15 days to provide the results of the background checks. 3. Revises § 309 to Title 31 so that background check reports required under this Act are provided to the proper entities and makes additional revisions to § 309 to Title 31 for internal consistency within the statute and for consistency with other provisions of this Act.