SENATE BILL NO. 11
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 28, TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONAL ENGINEERS AND THE PRACTICE OF ENGINEERING.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend §2807, Title 24 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:
"§2807. Council of Delaware Association of Professional Engineers.
(a) There shall be a Council which will be the governing board of the Association. The Council shall consist of 15 voting members, 12 of whom shall be elected, and 3 of whom shall be appointed by the Governor. The immediate past president, if not an elected member of Council, shall be a non-voting member of Council. A quorum of the Council shall be a majority of the voting members of the Council.
(b) The 12 elected members shall be elected and hold office on the basis of the following constituencies:
(1) One shall be from each of the following 5 engineering
disciplines: civil, chemical, electrical, mechanical and any other;
(1) One shall be from each of the following fields of employment: government, industry, private consulting practice and education; and
(1) One shall be from each of the 3 counties: New Castle, Kent and Sussex.
(c) Of the three appointed members, one shall be from each of the three counties: New Castle, Kent and Sussex.
(d) A person elected as a Council member shall, at the time of election, and during the term of office, be a citizen of the United States of America, a resident of the State, a member of the Association and be qualified to represent the constituency from which the person was elected.
A person appointed as a Council member shall, at the time of appointment, and during the term of office, be a citizen of the United States of America and a resident of the State and of the county for which the appointment is designated.
(e) The term of office for members of Council shall, unless otherwise specified, be four (4) years. A member of Council, whether appointed or elected, may not serve more than two (2) consecutive terms on the Council.
(f) Three (3) members of Council shall be elected each year for a four
(4) year term to fill vacancies in the field of discipline, field of employment, and county of residence. Each Council vacancy will be designated by discipline, field of employment, or county of residence in accordance with the constituency designation specified in subsection (b) of this section and each designated vacancy will be voted upon separately by members of the Association. A candidate for Council must announce at the time of nomination or petition the vacancy for which that candidate is seeking election and the candidate must be qualified by discipline, field of employment or residence to fill the vacancy for which that candidate is seeking election. For purposes of election, the candidate's discipline shall be that shown on the roster, the field of employment shall be that held by the candidate and the county of residence shall be that of the candidate at the time of nomination or petition as well as at the time of election. The terms of office for Council members shall commence on September 1 of the year elected or appointed and shall expire on August 31 of the year ending the term."
Section in its entirety and substituting in lieu thereof the following: 12808. Council Election and Appointment Procedure.
(a) The schedule for the election of the twelve (12) elected members of Council shall be as follows:
(1) Three members representing the constituencies of: civil engineering, industry and New Castle County shall be elected in 1978 and every four years thereafter.
(1) Three members representing the constituencies of: electrical engineering, private consulting practice and Kent County shall be elected in 1979 and every four years thereafter.
(1) Three members representing the constituencies of: mechanical engineering, education and Sussex County shall be elected in 1980 and every four years thereafter.
(1) Three members representing the constituencies of: chemical
engineering, government and any other engineering discipline not previously designated shall be elected in 1981 and every four years thereafter.
(b) The schedule for the appointment of the three (3) appointed
members shall be as follows:
(1) The one incumbent appointed member, who is a resident of New Castle County and was appointed in 1990 to serve a four year term as the sole appointed member, shall be designated as the appointed member from New Castle County, serving in this capacity, until 1994.
One member from New Castle County shall be appointed in 1994 and every four years thereafter.
(2) One member from Kent County shall be appointed in 1991 for a term expiring in 1993.
One member from Kent County shall be appointed in 1993 and every four years thereafter.
(3) One member from Sussex County shall be appointed in 1991 and every four years thereafter.
(c) All appointments to the Council shall be made by the Governor in accordance with the above schedule and with the requirements of §2807.
(d) The twelve Council members shall be elected by members of the Association by means of a letter ballot returned within thirty (30) days after the mailing thereof. The members in contest for each elected Council position receiving a plurality of votes from those voting within the prescribed time for that Council position shall be declared elected to that Council position."
Section 3. Amend §2811, Title 24 of the Delaware Code, by striking said Section in its entirety and substituting in lieu thereof the following:
12811. Council Vacancies.
Where any member of Council is absent from three consecutive meetings of the Council without suitable or acceptable reason or becomes incapacitated, the office shall be declared vacant by the Council.
When any member of Council resigns, dies, moves his or her residence from the State or otherwise ceases to be a member, or in the case of an elected member who changes his or her engineering discipline in the roster if elected to fill a discipline position on the Council, or in the case of an elected member who changes his or her field of engineering employment if elected to fill a field of engineering employment position on the Council, or in the case of an elected or an appointed member who changes his or her county of residence if elected or appointed to fill a county residency position, the office shall be declared vacant.
A declared vacancy of an appointed Council position shall be filled for the unexpired term by appointment by the Governor of the State of a person meeting the qualifications required to hold that appointed Council seat.
A- declared vacancy of an elected Council seat shall be temporarily filled by a member meeting the qualifications required to hold that Council seat by virtue of a discipline or employment or county of residence upon the vote of a majority of the Council, until the next annual election when a member shall be elected to fill any remainder of the unexpired term."
Section 4. Amend §2817, Title 24 of the Delaware Code, by striking
subsection (4) in its entirety.
Section 5. Amend subsection (a) of §2821, Title 24 of the Delaware Code by striking the last sentence.
Section 6. Amend §2822, Title 24 of the Delaware Code by striking this section in its entirety and substituting therefor the following:
"(A) The State, its political subdivisions, agencies, commissions and authorities shall not solicit or receive proposals for, or engage in, the construction of public works involving the practice of engineering as defined in this Chapter unless:
(1) the engineer, partnership or corporation which will perform and/or take responsibility for all engineering work is identified in the proposal and is authorized to practice engineering under this Chapter at the time of submission of the proposal; and
(2) the engineering study, drawings, specifications and estimates are prepared by, and the construction is executed under, the responsible charge or direct supervision of a registrant or permittee."
Any contract executed in violation of this Section shall be null and void.
Section 7. Amend §2825, Title 24 of the Delaware Code by striking
subsection (2) in its entirety and substituting in lieu thereof the following:
"(2) Use any name, title, description or designation, either orally or in writing, that will lead to the belief that such person is entitled to practice engineering as defined in this chapter, including without limitation the words 'engineer' or 'engineering' or any modification or derivative of those words."
Section 8. Amend Chapter 28, Title 24 of the Delaware Code, by adding the following new sections:
"§2829. Use of Seals and Stamps.
(a) Each registrant shall obtain an embossing seal of the design
authorized by the Council, bearing the registrant's name, registration number and the legend 'professional engineer'. Failure of the registrant to substantiate to the Council, within six (6) months of the registrant's application approval date, that such a seal has been procured will result in the registrant being placed by the Council in 'delinquent status'.
(b) In addition to the embossing seal required by the foregoing
provisions of this section, registrants may procure and use a stamp containing the same data as the embossing seal."
Section 9. Amend Chapter 28, Title 24 of the Delaware Code, by adding the following new section:
"§2830. Dating. Signing and Sealing.
(a) All final drawings, specifications and documents involving the practice of engineering as defined in this chapter when issued or filed for public record shall be dated and bear the signature and seal of the registrant(s) who prepared or approved them.
If original tracings are sealed or stamped, the date of sealing or stamping must appear under the signature.
(b) The holder of a temporary permit, using the seal of the State designated by the Council on his permit, shall seal all final drawings, specifications, and documents in accordance with §2830.
The permittee shall, in addition, write his permit number and his signature immediately adjacent to the imprint of his seal."
Approved April 22, 1991.