AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DELAWARE ASSOCIATION OF PROFESSIONAL ENGINEERS.
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HB 369 — AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DELAWARE ASSOCIATION OF PROFESSIONAL ENGINEERS.
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 11, 2024. 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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5 sponsors
5 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (2 R · 1 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 Act amends Chapter 28 of Title 24 of the Delaware Code to define "successor professional engineer" as a professional engineer who assumes responsible charge of a project, or component of a project, and uses or relies upon the work of the professional engineer who was previously in responsible charge and sealed pertinent documents. The new Section 2832 delineates the acceptable parameters for a successor professional engineer's use or reliance upon work performed by the previous professional engineer in responsible charge. These revisions will both inform licensees of the permissible use of another professional engineer's work and ensure that the recipient of services can identify the responsible professional engineer. The Council for the Delaware Association of Professional Engineers solicited feedback from and held committee meetings with various stakeholders who contributed to drafting of this Act. The Council approved this Act.
Bill Text
- Bill Text View text Current pdf
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
This Act defines 'successor professional engineer' and establishes procedures for their use of previous engineers' work in Delaware.
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§ 2803
( ) “Successor professional engineer” shall mean a professional engineer, as defined in § 2803(27), who assumes responsible charge, as defined in § 2803(28), of a project or component of a project and uses or relies upon the work, findings, or recommendations of the professional engineer who previously was in responsible charge and sealed pertinent documents.
This establishes a formal definition for 'successor professional engineer'.
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§ 2803
A professional engineer who uses or relies upon work performed by another qualified engineer, associate, consultant, or employee is not a successor professional engineer and may sign and seal the documents for the total project.→ A professional engineer who uses or relies upon work such as, but not limited to, geotechnical reports, soil investigation reports, legal surveys, and other works that may be sealed by others, in order to assume responsible charge of a project, is not considered a successor engineer.Clarifies what does not qualify a professional engineer as a 'successor professional engineer'.
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§ 2803
The professional engineer shall not affix their professional engineer’s seal to any document not prepared under their supervisory control and review.Affirms that a professional engineer can only seal documents they supervised or reviewed.
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§ 2832
(a) In situations where the professional engineer in responsible charge of an engineering project is unable to complete the project for any reason, or when the project is a site-specific adaption of a previous design, a successor professional engineer may assume responsible charge of that portion of the project if the successor professional engineer meets the following requirements:
Introduces criteria for when a successor professional engineer can assume responsibility.
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§ 2832
(1) Performs or has responsible charge over all professional engineering services related to that portion of the project.
Requires successor professional engineers to take full responsibility for the engineering services.
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§ 2832
(2) Has direct control and personal supervision over the engineering work and the signed, dated, and sealed originals of all documents over which the successor professional engineer has taken responsible charge.
Mandates that the successor engineer directly oversee the work they assume responsibility for.
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§ 2832
(3) Dates, signs, and seals the final drawings, specifications, reports and documents involving the practice of engineering as defined in this chapter in compliance with § 2830 of this chapter.
Ensures that successor professional engineers correctly document their work.
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§ 2832
(4) Performs sufficient review and calculation to ensure that all standards of practice required of professional engineers are met.
Requires that successor engineers conduct thorough reviews to meet professional standards.
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§ 2832
(b) A successor professional engineer must notify the previous professional engineer in responsible charge of their intention to use the previous engineer’s work.
Introduces a notification requirement for successor engineers regarding the use of prior work.
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§ 2832
(c) A successor professional engineer assumes full professional responsibility by signing and affixing the successor professional engineer’s seal to the assumed documents.
Clarifies that successors assume all responsibility by sealing the documents they take over.
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: 39 YES 2 ABSENT
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Reported Out of Committee (Sunset Committee (Policy Analysis & Government Accountability)) in House with 3 On Its Merits
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Introduced and Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House
Sponsors
- William J. Carson · Primary
- Brian Pettyjohn · Primary
- Ronald E. Gray · Primary
- Paul S. Baumbach · Primary
- Sean Matthews · Primary
Sponsorship breakdown
Export CSV (upgrade) →5 sponsors · 0 co-sponsors · 57 not signed on
Sponsors (5)
- William J. Carson Democratic
- Brian Pettyjohn Republican
- Ronald E. Gray Republican
- Paul S. Baumbach
- Sean Matthews
Co-sponsors (0)
None.
Not signed on (57)
57 members have not signed on to this bill.
Show all 57 →"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 |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 0 |
| Democratic | 19 | 0 | 0 | 1 |
| Republican | 13 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (41)
Subjects
Frequently asked questions
- What does HB 369 do?
- This Act amends Chapter 28 of Title 24 of the Delaware Code to define "successor professional engineer" as a professional engineer who assumes responsible charge of a project, or component of a project, and uses or relies upon the work of the professional engineer who was previously in responsible charge and sealed pertinent documents. The new Section 2832 delineates the acceptable parameters for a successor professional engineer's use or reliance upon work performed by the previous professional engineer in responsible charge. These revisions will both inform licensees of the permissible use of another professional engineer's work and ensure that the recipient of services can identify the responsible professional engineer. The Council for the Delaware Association of Professional Engineers solicited feedback from and held committee meetings with various stakeholders who contributed to drafting of this Act. The Council approved this Act.
- Who sponsors HB 369?
- HB 369 is sponsored by William J. Carson (Democratic), Brian Pettyjohn (Republican), Ronald E. Gray (Republican), Paul S. Baumbach, and Sean Matthews.
- What is the current status of HB 369?
- This bill has been enacted into law. Introduced April 11, 2024. Enacted.
- Where can I track HB 369?
- Track HB 369 free on One Click Politics — get push/email alerts when it moves.
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