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 Back | 144th General Assembly
Senate Bill # 234 w/SA 1 |
| Primary Sponsor: | McBride | Additional Sponsor(s): Rep. Valihura |
| CoSponsors: | Sens. DeLuca, Amick, Bonini; Reps. Cathcart, Viola, Wagner |
| Introduced on : | 04/08/2008 | |
| Long Title: | AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DELAWARE PROFESSIONAL ENGINEERS ACT. |
| Synopsis: | The Delaware Association of Professional Engineers (“DAPE”), an instrumentality of the State of Delaware, has been charged with regulating the practice of engineering in the public interest (24 Del. C., Ch. 28). That authority includes the power of disciplinary action over its permittees and licensees. A purpose of this legislation is to give the DAPE Council (“Council”) the power to adjudicate cases of unlicensed practice by private individuals and firms, a power that is now held solely by the Attorney General. Granting this authority to Council is expected to expedite enforcement and reduce instances of unlicensed practice, in the best interest of the public. Allegations of unlicensed practice would be adjudicated in accordance with the Council’s administrative hearing process. Those engaged in the unlicensed practice of engineering could be penalized with a fine up to $5,000 and an order to cease and desist all unlawful practices. Those who violate an order to cease and desist could be penalized with a fine up to $5,000 for each day the order is violated. Another purpose of this legislation is to restructure the Council’s administrative hearing process.
This legislation draws on the Medical Board’s hearing process, 24 Del. C. § 1734, specifically by creating a hearing committee composed of less than all of Council’s members. All orders must be approved by Council to become final. This bill also clarifies the definition of responsible charge; adds a requirement for applicants who have failed the Principles and Practice of Engineering examination four times to gain additional engineering education or experience before they may retake the exam; and clarifies the Council’s right to deduct certain expenses from fines collected.
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| Amendments: |
SA 1 to SB 234 - Passed
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| Committee Reports: |
Senate Committee report 05/14/08 F=0 M=5 U=0----->
House Committee Report 06/12/08 F=0 M=3 U=0----> |
| Voting Reports: |
Senate vote: () Passed 6/3/08 4:33:02 PM------->
House vote: () Passed 6/18/08 4:51:17 PM-------> |
| Engrossed Version: |
Engrossment-------> |
Actions History:
| Jul 03, 2008 - Signed by Governor
Jun 18, 2008 - Passed by House of Representatives. Votes: Passed 40 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
Jun 12, 2008 - Reported Out of Committee (POLICY ANALYSIS & GOVERNMENT ACCOUNTABILITY) in House with 3 On Its Merits
Jun 04, 2008 - Introduced and Assigned to Policy Analysis & Government Accountability Committee in House
Jun 03, 2008 - Passed by Senate. Votes: 20 YES 0 NO 0 NOT VOTING 1 ABSENT
Jun 03, 2008 - Amendment SA 1 - Passed by Senate. Votes: 20 YES 0 NO 0 NOT VOTING 1 ABSENT
Jun 03, 2008 - Amendment SA 1 - Introduced in Senate
May 14, 2008 - Reported Out of Committee (FINANCE) in Senate with 5 On Its Merits
Apr 08, 2008 - Assigned to Finance Committee in Senate
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