Sen. Gerald Hocker

This Act clarifies that yard waste is included in the types of trash and litter that it is illegal to discard on a highway. This Act also defines “yard waste”. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute Bill differs from Senate Bill No. 47 by removing all of the following to avoid a potential conflict of the changes exceeding the scope of the bill’s title: (1) The upper limit to the fine for a first violation of subsections (a), (b), (c), or (d) of § 4189 of Title 21. (2) The changes addressing the redesignating error. (3) The revision of the word “section” to “subsection” in the penalty provision regarding the penalty for violating all subsections besides subsection (e) of § 4189 of Title 21.

Current law grants an active Delaware volunteer firefighter, active Delaware volunteer EMT, or life-member of a Delaware volunteer fire department who is a Delaware resident a free surf fishing vehicle permit each year. Current law allows an active Delaware volunteer firefighter, active Delaware volunteer EMT, or life-member of a Delaware volunteer fire department who is not a Delaware resident to purchase a surf fishing vehicle permit each year at the Delaware resident rate. This Act grants all of these individuals the option of choosing a surf fishing vehicle permit or an annual permit to enter state parks and recreation areas.

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 reincorporates the Charter of the Town of Millville. The bill updates various processes, including the municipal election, annexation, competitive bidding, and the Town budget. The bill also updates the descriptions and duties of the Secretary and Treasurer. The bill removed antiquated language and clarified language in matters such as assessments and repairs.

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.

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.

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.

This Act clarifies that a person with a special license plate or permit for persons with disabilities may park for an unlimited period where the length of time is otherwise limited and must be able to park in a metered parking space for at least 1 hour. This Act clarifies that it is a violation of the state equal accommodations law to prohibit parking as authorized for a person with a special license plate or permit for persons with disabilities. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This bill authorizes the Department of Agriculture to update the Delaware Commercial Fertilizer and Soil Conditioner Law of 1971. Changes to this law include updating language to align with current industry terminology and includes applicable language from the most recent version of the Association of American Plant Food Control Officials (AAPFCO) Uniform State Bill, which is designed to create uniformity amongst states. This bill authorizes the Department of Agriculture to impose product registration and tonnage fees to better reflect current market rates and to assist the Department in funding costs associated with inspections, sampling and analysis for this chapter; to adjust requirements for current registering of Delaware mixing facilities and custom fertilizer blends. The proposed changes will give clarity to distributers and Department staff regarding product labeling, registration, and deficiencies as well as providing updated terminology to make regulating this program more efficient.