Delaware 152nd General Assembly (2023-2024) Status: Enacted Bipartisan · 3 R · 3 D cosponsors

HB 117 — AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONS AND OCCUPATIONS.

Last action — Signed by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced April 06, 2023. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 9 sponsors

    9 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 R · 3 D) — cross-party backing.

  • 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 removed

78 line(s) added, 22 removed.

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Latest
Ramone HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Ramone & Rep.
3 TO HOUSE BILL NO.
K.
117 AMEND House Bill No.
Johnson & Rep.
117 on lines 8 and 12 by deleting the phrase “2 years” as it appears therein and inserting in lieu the phrase “4,000 hours”.
Longhurst & Sen.
FURTHER AMEND House Bill No.
Pettyjohn Reps.
117 on lines 11 and 15 by deleting the phrase “shall not” as it appears therein and inserting in lieu thereof the word “may”.
Gray, Hilovsky;
FURTHER AMEND House Bill No.
Sens.
117 on line 16 by deleting the phrase “5.5 years” as it appears therein and inserting in lieu thereof the phrase “11,000 hours”.
Hocker, Huxtable, Wilson HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE BILL NO.
FURTHER AMEND House Bill No.
117 AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONS AND OCCUPATIONS.
117 on line 21 by deleting the phrase “4 years” as it appears therein and inserting in lieu thereof the phrase “8,000 hours”.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
FURTHER AMEND House Bill No.
Section 1.
117 by deleting lines 63 through 65 and inserting in lieu thereof the following:
Amend § 2708, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline 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.
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(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 adjacent land.
Entry upon adjoining land.
After making 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 knowingly entering upon adjacent land in the course of preparing a survey.
A Professional land surveyor and persons working under the surveyor’s direct supervision shall not be liable for civil or criminal trespass for entry upon adjoining land in the course of preparing a survey.
SYNOPSIS This amendment updates the experience requirements from years to hours, and allows the experience requirement to be achieved concurrently with the education requirement.
SYNOPSIS This bill makes changes to the qualifications for professional land surveyors.
A professional land surveyor is required to make a good faith effort to notify an adjacent property owner before entering onto an adjacent property.
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.
AFJ Page 1 of 1 Released:
AFJ Page 3 of 3 Released:
05/09/2023 03:04 PM 0801520109
04/06/2023 11:10 AM 0801520056
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Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 21 YES

  3. Reported Out of Committee (Legislative Oversight & Sunset) in Senate with 4 On Its Merits

  4. Assigned to Legislative Oversight & Sunset Committee in Senate

  5. Passed By House. Votes: 38 YES 3 ABSENT

  6. Amendment HA 3 to HB 117 - Passed In House by Voice Vote

  7. Amendment HA 2 to HB 117 - Stricken in House

  8. Amendment HA 1 to HB 117 - Stricken in House

  9. Amendment HA 2 to HB 117 - Introduced and Placed With Bill

  10. Reported Out of Committee (Sunset Committee (Policy Analysis & Government Accountability)) in House with 2 Favorable, 3 On Its Merits

  11. Amendment HA 1 to HB 117 - Introduced and Placed With Bill

  12. Introduced and Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House

Sponsors

Sponsorship breakdown

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9 sponsors · 0 co-sponsors · 53 not signed on

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

2/3

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 13000
Republican 6000
Unaffiliated 2000
Total 21000
% 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

Official roll call →

SM

Passed 38 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 18002
Unaffiliated 8000
Republican 12001
Total 38003
% of votes cast 93%0%0%7%
How each member voted (41)
Member Party Vote
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stell Parker Selby — Yea
Valerie Longhurst — Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Not Voting
Debra Heffernan Democratic Not Voting
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeff Hilovsky Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Not Voting
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

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?
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