CHAPTER 101

FORMERLY

SENATE BILL NO. 96

AN ACT TO AMEND CHAPTER 27, TITLE 24 OF THE DELAWARE CODE, RELATING TO PROFESSIONAL LAND SURVEYORS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §2702, Chapter 27, Title 24 of the Delaware Code by striking subsection (b) and subsection (c), and substituting in lieu thereof the following:

"(b) the Board shall consist of four professional land surveyors and one public member, all of whom shall be appointed by the Governor. At least one member of the Board, but not more than two, shall be appointed from each of the three counties of this State. Not more than three members shall be appointed from any one political party. The public member of the Board shall:

(1) Be a citizen of the United States and a resident of this State at the time of his appointment, and for the duration of his tenure;

(2) Be at least twenty-five years of age; and

(3) Not be involved in nor ever have had any material financial interest in the providing of surveying, engineering, architectural or survey-related services.

(c) Each land surveyor member of the Board shall:

(1) Be a citizen of the United States and a resident of this State at the time of his appointment, and for the duration of his tenure;

(2) Have been engaged in the practice of land surveying as a professional land surveyor for at least ten consecutive years immediately preceding his appointment; and

(3) Have been in responsible charge of land surveying projects for at least six consecutive years immediately preceding his appointment."

Section 2. Amend §2702, Chapter 27, Title 24 of the Delaware Code by striking subsection (t) at said section, and substituting in lieu thereof the following:

"(f) Whenever a vacancy among the professional land surveyor members of the Board occurs, the Board may offer a list of suggested replacements to the Governor but the Governor shall be in no way limited to the candidates suggested by the Board."

Section 3. Amend subsection (f), Section 2706, Chapter 27, Title 24 of the Delaware Code by striking paragraph (8) of said subsection, and by redesignating present paragraph (9) as new paragraph (8).

Section 4. Amend §2726, Chapter 27, Title 24 of the Delaware Code by striking the word "unrevoked" as the same appears in subsection (b), and substituting the words "unrevoked, unsuspended" in lieu thereof.

Section 5. Amend §2728, Chapter 27, Title 24 of the Delaware Code by striking said section in its entirety, and substituting in lieu thereof the following:

§2728. Injunctions

The Court of Chancery shall have jurisdiction to issue temporary restraining orders, preliminary Injunctions and permanent injuctions to enjoin any violations of this Chatper in actions brought by the Board or by the Attorney General of this State."

Section 6. Amend §2730, Chapter 27, Title 24 of the Delaware Code by striking the title of said section, and substituting in lieu thereof the following:

"Revocation or Suspension of Certificate.

Section 7. Amend §2730, Chapter 27, Title 24 of the Delaware Code by adding the words "or suspend" immediately after the word "revoke" as the same appears in subsection (a).

Section 8. Amend §2730, Chapter 27, Title 24 of the Delaware Code by adding the words "or suspend" immediately after the word "revoke" as the same appears in subsection (e).

Section 9. Amend §2732, Chapter 27, Title 24 of the Delaware Code by striking the word "denying" as the same appears in said section, and substituting the words "denying, suspending" in lieu thereof.

Section 10. Amend S2733, Chapter 27, Title 24 of the Delaware Code by striking subsection (3) in Its entirety; by redesignating present subsection (4) as new subsection (3); and by redesignating present subsection (5) as new subsection (4).

Approved July 7, 1981.