AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONS AND OCCUPATIONS.
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HB 117 — AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONS AND OCCUPATIONS.
Last action — Signed by Governor
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced April 06, 2023. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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9 sponsors
9 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (3 R · 3 D) — cross-party backing.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
This bill makes changes to the qualifications for professional land surveyors. This bill also makes clear that there is no civil or criminal trespass when a professional land surveyor enters upon land in the course of preparing a survey.
Bill Text
What changed in the latest version
78 added · 22 removed78 line(s) added, 22 removed.
Ramone HOUSE& OFRep. REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
3K. TO HOUSE BILL NO.
117Johnson AMEND& HouseRep. Bill No.
117Longhurst on& linesSen. 8 and 12 by deleting the phrase “2 years” as it appears therein and inserting in lieu the phrase “4,000 hours”.
FURTHERPettyjohn AMENDReps. House Bill No.
117Gray, onHilovsky; lines 11 and 15 by deleting the phrase “shall not” as it appears therein and inserting in lieu thereof the word “may”.
FURTHERSens. AMEND House Bill No.
117Hocker, onHuxtable, lineWilson 16HOUSE byOF deletingREPRESENTATIVES the152nd phraseGENERAL “5.5ASSEMBLY years”HOUSE asBILL itNO. appears therein and inserting in lieu thereof the phrase “11,000 hours”.
FURTHER117 AN ACT TO AMEND HouseTITLE Bill24 No.OF THE DELAWARE CODE RELATING TO PROFESSIONS AND OCCUPATIONS.
117BE onIT lineENACTED 21BY byTHE deletingGENERAL theASSEMBLY phraseOF “4THE years”STATE asOF itDELAWARE: appears therein and inserting in lieu thereof the phrase “8,000 hours”.
FURTHERSection AMEND1. House Bill No.
117Amend § 2708, Title 24 of the Delaware Code by deletingmaking linesdeletions 63as throughshown 65by strike through and insertinginsertions inas lieushown thereofby theunderline following:as follows:
§ 2708.
Qualifications of applicant;
report to Attorney General;
judicial review.
(a) An applicant who is applying for licensure under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person:
(1) a.
Applying for licensure as a surveyor intern has satisfied 1 of the following requirements:
1.
Is a college senior or a graduate of a surveying program of 4 years or more;
or 2.
Is a graduate of a 4-year or more program as acceptable to the Board and has had at least 2 years of combined office and field experience in responsible charge of land surveying projects performed under the direct supervision of a professional land surveyor in the active practice of land surveying.
The required experience shall not be achieved concurrently with the education requirement;
or 3.
Is a graduate of a surveying program of 2 years or more and has had at least 2 years of combined office and field experience in responsible charge of land surveying projects performed under the direct supervision of a professional land surveyor in the active practice of land surveying.
The required experience shall not be achieved concurrently with the education requirement;
or 4.
Has 5.5 years of experience under the direct supervision of a professional land surveyor in the active practice of land surveying and has obtained Level IV Survey Technician Certification established by the National Society of Professional Surveyors — American Congress on Surveying and Mapping or similar certification acceptable to the Board.
b.
Applying for licensure as a professional land surveyor has served as a surveyor intern with a specific record of 4 years, as said intern, of combined office and field experience in responsible charge of land surveying projects performed under the direct supervision of a professional land surveyor in the active practice of land surveying.
HR :
RDS :
AFJ Page 1 of 3 Released:
04/06/2023 11:10 AM c.
When calculating the years of experience for licensure under this chapter, the work performed under the direct supervision of a property line surveyor licensed under the Maryland Code, or by a surveyor licensed under equivalent provisions of other states, shall be considered as equivalent to work performed under the direct supervision of a professional land surveyor in Delaware.
(2) Professional land surveyors shall have achieved the passing score on the written standardized national examination developed by the national professional association the National Council of Examiners for Engineering and Surveying in the principles of surveying, the fundamentals of surveying, and the written 2 hour examination on drainage and Delaware law.
Surveyor interns shall have achieved a passing score on the written standardized national examination developed by the national professional association in the fundamentals of surveying;
a college senior must show proof of graduation prior to issuance of a license as a surveyor intern.
(3) Shall have paid the appropriate fee or fees as established by the Division of Professional Regulation.
Show all 62 changed lines (22 more)
(4) Shall not have been the recipient of any administrative penalties regarding that person’s practice of land surveying, including, but not limited to, fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), or probationary limitations, and/or has not entered into any “consent agreements” that contain conditions placed by a Board on that person’s professional conduct and practice, including any voluntary surrender of a license.
The Board may determine, after a hearing, whether such administrative penalty is grounds to deny licensure.
(5) Shall not have any impairment related to drugs and/or alcohol that would limit the applicant’s ability to undertake the practice of land surveying in a manner consistent with the safety of the public.
(6) Does not have a criminal conviction record, nor pending criminal charge for an offense that is substantially related to the practice of land surveying.
Applicants who have criminal conviction records or pending criminal charges that are not excluded from consideration under § 8735(x)(4) of Title 29 shall request appropriate authorities to provide information about the record or charge directly to the Board.
However, after a hearing or review of documentation and consideration of the factors set forth in § 8735(x)(3) of Title 29, the Board, by an affirmative vote of a majority of the quorum, shall waive this paragraph (a)(6), if it finds that granting the waiver will not create an unreasonable risk to public safety.
a.-d.
[Repealed.] (7) Shall not have engaged in any of the acts or offenses that would be grounds for disciplinary action under this chapter and has no disciplinary proceedings or unresolved complaints pending against that person in any jurisdiction where the applicant has previously been or currently is licensed or registered as a land surveyor.
HR :
RDS :
AFJ Page 2 of 3 Released:
04/06/2023 11:10 AM (b) Where the Board has found to its satisfaction that an application has been intentionally fraudulent or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.
(c) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification, has imposed higher or different standards for that person than for other applicants or licensees, or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.
The appeal shall be treated as an appeal of an administrative agency decision pursuant to the Administrative Procedures Act, Chapter 101, Title 29.
Section 2.
Amend Chapter 27, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Entry upon adjacentadjoining land.
AfterA makingProfessional a good faith effort to notify adjacent landowner(s), a professional land surveyor and persons working under the surveyor’s direct supervision shall not be liable for civil or criminal trespass for knowinglyentry entering upon adjacentadjoining land in the course of preparing a survey.
SYNOPSIS This amendmentbill updatesmakes thechanges experience requirements from years to hours, and allows the experiencequalifications requirementfor toprofessional beland achievedsurveyors. concurrently with the education requirement.
AThis professionalbill landalso surveyormakes clear that there is requiredno tocivil makeor acriminal goodtrespass faithwhen efforta toprofessional notifyland ansurveyor adjacententers propertyupon ownerland beforein enteringthe ontocourse anof adjacentpreparing property.a survey.
AFJ Page 13 of 13 Released:
05/09/202304/06/2023 03:0411:10 PMAM 08015201090801520056
Show all 62 changed rows (22 more)
Action History
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Signed by Governor
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Passed By Senate. Votes: 21 YES
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Reported Out of Committee (Legislative Oversight & Sunset) in Senate with 4 On Its Merits
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Assigned to Legislative Oversight & Sunset Committee in Senate
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Passed By House. Votes: 38 YES 3 ABSENT
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Amendment HA 3 to HB 117 - Passed In House by Voice Vote
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Amendment HA 2 to HB 117 - Stricken in House
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Amendment HA 1 to HB 117 - Stricken in House
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Amendment HA 2 to HB 117 - Introduced and Placed With Bill
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Reported Out of Committee (Sunset Committee (Policy Analysis & Government Accountability)) in House with 2 Favorable, 3 On Its Merits
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Amendment HA 1 to HB 117 - Introduced and Placed With Bill
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Introduced and Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House
Sponsors
- Stell Parker Selby · Primary
- Valerie Longhurst · Primary
- David L. Wilson · Primary
- Russell Huxtable · Primary
- Laura V. Sturgeon · Primary
- Ronald E. Gray · Primary
- Brian Pettyjohn · Primary
- Kendra Johnson · Primary
- Michael Ramone · Primary
Sponsorship breakdown
Export CSV (upgrade) →9 sponsors · 0 co-sponsors · 53 not signed on
Sponsors (9)
- Stell Parker Selby
- Valerie Longhurst
- David L. Wilson Republican
- Russell Huxtable Democratic
- Laura V. Sturgeon Democratic
- Ronald E. Gray Republican
- Brian Pettyjohn Republican
- Kendra Johnson Democratic
- Michael Ramone
Co-sponsors (0)
None.
Not signed on (53)
53 members have not signed on to this bill.
Show all 53 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 13 | 0 | 0 | 0 |
| Republican | 6 | 0 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 21 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Kyle Evans Gay | — | Yea |
| Sarah McBride | — | Yea |
| Bryan Townsend | Democratic | Yea |
| Darius J. Brown | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Kyra L. Hoffner | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| Russell Huxtable | Democratic | Yea |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Trey Paradee | Democratic | Yea |
| Brian Pettyjohn | Republican | Yea |
| Bryant L. Richardson | Republican | Yea |
| Dave G. Lawson | Republican | Yea |
| David L. Wilson | Republican | Yea |
| Eric Buckson | Republican | Yea |
| Gerald W. Hocker | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 18 | 0 | 0 | 2 |
| Unaffiliated | 8 | 0 | 0 | 0 |
| Republican | 12 | 0 | 0 | 1 |
| Total | 38 | 0 | 0 | 3 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (41)
Subjects
Frequently asked questions
- What does HB 117 do?
- This bill makes changes to the qualifications for professional land surveyors. This bill also makes clear that there is no civil or criminal trespass when a professional land surveyor enters upon land in the course of preparing a survey.
- Who sponsors HB 117?
- HB 117 is sponsored by Stell Parker Selby, Valerie Longhurst, David L. Wilson (Republican), Russell Huxtable (Democratic), Laura V. Sturgeon (Democratic), Ronald E. Gray (Republican), Brian Pettyjohn (Republican), Kendra Johnson (Democratic), and Michael Ramone.
- What is the current status of HB 117?
- This bill has been enacted into law. Introduced April 06, 2023. Enacted.
- Where can I track HB 117?
- Track HB 117 free on One Click Politics — get push/email alerts when it moves.
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