This Act promotes the expansion of licensure opportunities in Delaware while maintaining standards of competence and professionalism required for the protection of the citizens of Delaware. The National Council of Examiners for Engineering and Surveying (NCEES) is a national nonprofit organization dedicated to advancing professional licensure for engineers. It develops, administers, and scores the examinations used for engineering licensure in the United States. Most recently, NCEES has recommended that states broaden access to licensure subject to rigorous competency requirements. For example, Delaware has historically recognized EAC of ABET-accredited (Engineering Accreditation Commission of the former Accreditation Board for Engineering and Technology) programs as the gold standard for engineering education. NCEES has recommended that graduates of engineering programs accredited by signatories of the Washington Accord be afforded the same recognition as EAC of ABET graduates. The Washington Accord is an international agreement between bodies responsible for accrediting engineering degree programs. Signatories of the Accord mutually “recognize the substantial equivalency of participating organizations’ accreditation processes and their graduates’ preparedness to begin professional practice at the entry level.” ABET and Engineers Canada are signatories of the Accord among a total of 20 representing agencies from every continent. This Act will give holders of degrees from engineering programs accredited by Washington Accord signatories the same recognition as EAC of ABET graduates. The required engineering experience for such applicants will be four years. This Act also proposes modifications that would expand licensure comity. While many professions in Delaware use the term “reciprocity” to define the process whereby an individual licensed in one jurisdiction may become licensed in Delaware, the term “comity” is used in the licensing law for professional engineers. To promote international engineering licensure mobility, this Act provides that the Council may license an applicant who is an International Professional Engineer (IntPE), meaning that the applicant has been fully and rigorously evaluated and approved by the International Engineering Alliance (IEA). NCEES is a member of the IEA and the International Professional Engineers Agreement (IPEA). There are currently 15 other members of the IPEA including Engineers Canada. “The International Professional Engineers Agreement recognizes the substantial equivalency of standards establishing the competency of professional engineers for independent practice.” Engineers who are licensed by agencies that are members of IPEA undergo a rigorous application process for registration as IntPEs. NCEES is an IPEA member and maintains a registry of U.S. licensed engineers who have attained IntPE status. Engineers registered as IntPEs would be provided with the same eligibility for comity within the U.S. as would U.S. state-licensed engineers. This applicant will also need to present proof of five years of experience obtained after initial licensure. This Act further proposes that an applicant who has been designated as a Model Law Engineer by NCEES may be issued a license administratively on the basis that the applicant has already been vetted by the profession’s governing body. Other provisions pertaining to comity have been amended to make the Practice Act consistent with other statutes governing professional licensure. Specifically, the comity provision pertaining to licensure by experience has been revised to require five years of licensed experience rather than the current ten years. The standards for licensure by comity have been amended to ensure that the applicant has a current license in good standing from the originating jurisdiction. This Act clarifies the grounds for denial of an application to explicitly include discipline in another jurisdiction. This Act eliminates the requirement that licensees must acquire an embossing seal and allows them to choose a seal format, such as embossing, stamp or electronic. Finally, this Act strikes references to permits on the basis that compliance with temporary permit requirements is difficult for the Council to monitor. Further, as an alternative to the temporary permit, an expedited path to licensure will be available for applicants with the Model Law Engineer designation.
Sponsored bills
This Act provides a senior discount for residents and non-residents 62 years of age and older, for a conservation access pass, and a life-time conservation access pass for Delaware residents, 65 years of age and older, consistent with current senior discounts for access fees to Delaware State Parks.
In order to lower the cost of energy and accelerate the adoption of community-based solar photovoltaic systems in the State, this bill eliminates current barriers to such systems and sets up a regulatory process to be implemented by the Public Service Commission with consumer protection provided by the Department of Justice. More specifically, this bill: 1. Allows for multiple types of ownership models, defined as “community-owned energy generating facilities," to exist and compete in the marketplace; 2. Increases the maximum size of these systems to 4 megawatts (MW); 3. Eliminates the requirement that all customers of a system must be located on the same distribution feeder; 4. Eliminates the requirement that all customers of a system must be identified before the system can be built; 5. Provides for the regulation of these systems by the Public Service Commission and sets forth the fee and requirements for a Certificate to Operate; 6. Provides compensation to the system owner for 10% or less of unsubscribed energy; 7. Requires each system owner to certify that it serves at least 15% low income customers; and 8. Provides that the Public Service Commission will engage in rule-making in consultation with the Consumer Protection Unit of the Delaware Department of Justice and promulgate rules and regulations by March 11, 2022.
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.
This Act creates a tuition reimbursement program for volunteer firefighters, similar to already existing programs for law enforcement officers and National Guard members. Pursuant to this program, active volunteer firefighters may be reimbursed for tuition for 2 undergraduate level courses or one masters level course per semester at any Delaware college or university. The State Fire Prevention Commission is charged with promulgating rules and regulations and administering the program.
The intent of this Act is to reduce the amount of waste that ends up in the environment and to raise awareness of the need to properly dispose of balloons. To that end, this Act imposes a civil penalty for the violation of intentionally releasing 5 or more balloons filled with air or lighter-than-air gases, to prevent litter which blights our communities and environment and causes harm to wildlife and marine animals. The release of multiple balloons at 1 time is a single offense under this Act. This Act also establishes that intentionally releasing 1 to 4 balloons at 1 time is littering. Exceptions are provided for the following: - A balloon that is released for scientific or meteorological purposes, on behalf of a governmental agency, or under a governmental contract. - A hot air balloon that is recovered after launching. - A balloon that is released and remains indoors. - A balloon that is filled with water for recreational purposes and recovered after recreation. - A balloon that is negligently or unintentionally released. Under this Act, the intentional release of 1 or more balloons is a civil violation, penalized as follows: - The first violation is subject to a civil penalty of at least $25. - A second or subsequent violation within 2 years of the first is subject to a civil penalty of $75 and up to 8 hours of community service for a second violation within 2 years of the first violation. The mass release of balloons is penalized as follows: - A first violation is subject to a civil penalty of at least $250 and up to 8 hours of community service. - A second or subsequent violation within 2 years of the first is subject to a civil penalty of at least $350 and up to 25 hours of community service. Under this Act, a retail or wholesale establishment that sells balloons must post a notice for customers that the intentional release of balloons is unlawful. All law enforcement agencies in Delaware have the authority to enforce this chapter. The Justice of the Peace Court has jurisdiction over violations of this chapter. This Act also makes a technical correction to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute differs from the original Senate Bill No. 24 by doing the following: - Making clarifications to the synopsis and the notice to be posted by retail or wholesale establishments. - Providing delayed enforcement for individuals who violate the prohibition of littering with 1 to 4 balloons or the mass release of balloons on or before April 30, 2022. Persons who are not individuals, such as organizations, are subject to the penalties under this Act immediately upon the effective date of this Act. This Substitute also makes technical corrections that were missed in the original Senate Bill No. 24.
This legislation closes several loopholes that dealers have been using to get around suspended or revoked dealership licenses. Currently the Division of Motor Vehicles will suspend or revoke a dealer license, and the dealer will get a family member or friend to apply for a dealership license and employ the suspended dealer at the dealership in a managerial, financial, or sales capacity thereby negating the suspension or revocation. This legislation closes that loophole by preventing a dealer who has had their license suspended, revoked, or renewal refused from being employed at Delaware licensed dealerships for periods of time commensurate with their revocation or suspension. Additionally, to prevent a further loophole wherein the dealer would simply turn in their dealer license upon receiving notice by the Division that their license will be revoked, suspended, or renewal refused, if the licensee chooses not to defend themselves they would be prohibited for the same time periods as if their license had been suspended, revoked, or renewal refused and be unable to do any of the qualifying employment for that period of suspension. This bill also extends the period of time of prohibited employment if the dealer does not turn in division documents and plates in its possession at the time of suspension or revocation. This bill does not seek to bar individuals from employment in other auto industry sectors such as auto repairs so long as they do not work at those dealerships in any of the prohibited positions.
The Bill sets forth 8 factors a court must consider in determining a proposed relocation of a child for a period of 60 days or more in litigation involving custody or visitation. These factors include: (1) the nature, quality, extent, and duration of the child’s relationship with the individual proposing to relocate and with the non-relocating individuals, siblings and other significant persons in the child’s life; (2) the age, developmental stage, needs of the child, and the likely impact of the relocation on the child, taking into account any special needs of the child; (3) the feasibility of preserving the relationship between the non-relocating individual and the child; (4) the child’s preference; (5) any established patterns of the relocating individual to thwart or promote the relationship between the child and non-relocating individual; (6) whether the relocation will enhance the general quality of life of the child and relocating individual; (7) the reasons for requesting and opposing the relocation; and (8) any other factor affecting the best interests of the child.
Senate Bill No. 209, enacted by the 145th General Assembly, extended the Historic Preservation Tax Credit Act for approvals granted through June 30, 2020. Senate Bill No. 260, enacted by the 150th General Assembly, extended the Historic Preservation Tax Credit Act through June 2021. This Act extends the Historic Preservation Tax Credit Act for approvals granted through June 2030 and puts the provision regarding the effective date in the Code.
The purpose of this Act is to eliminate the overly broad licensure exemption applicable to persons engaged in the practice of well drilling and persons engaged in the practice of engineering as registered professional engineers. There are many overlapping areas of practice between geologists and well-drillers and registered professional engineers. However, the exemption included in 24 Del. C. § 3602 leads to the conclusion that a licensed well driller or registered professional engineer is qualified to perform any act within the practice of geology regardless of level of competence or expertise. It is each governing body’s responsibility to ensure competent practice within the respective professions, including any areas of overlap. However, the inclusion of the very broad exemption for well-drillers and registered professional engineers is misleading and does not serve the interests of public protection.