CHAPTER 170

FORMERLY

SENATE BILL NO. 145

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 27 OF 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 (9), Title 24, Delaware Code by renumbering it as § 2702 (10), and by creating a new subsection (9) to read as follows:

“ ‘Surveyor Intern’ shall mean an individual who has qualified for, taken, and has passed the written standardized national examination developed by the national professional association in the fundamentals of surveying.”

Section 2. Amend § 2708 (a), Title 24, Delaware Code by deleting the phrase “as a land surveyor” appearing therein.

Section 3. Amend § 2708 (a) (1) and (a) (1) (a-d), Title 24, Delaware Code by deleting these subsections in their entirety and inserting new subsections (1A), (1B), and (1C) thereof, to read as follows:

“(1A) Applying for licensure as a surveyor intern has satisfied 1 of the following requirements:

a. Is a college senior or a graduate of a surveying program of 4 years

or more; or

b. Is a graduate of a 4-year or more program as acceptable to the Board and has had at least 2 years of combined office and field experience in responsible charge of land surveying projects performed under the direct supervision of a professional land surveyor in the active practice of land surveying. The required experience shall not be achieved concurrently with the education requirement; or

c. Is a graduate of a surveying program of 2 years or more and has had at least 2 years of combined office and field experience in responsible charge of land surveying projects performed under the direct supervision of a professional land surveyor in the active practice of land surveying. The required experience shall not be achieved concurrently with the education requirement; or

d. Has 5.5 years of experience under the direct supervision of a professional land surveyor in the active practice of land surveying and has obtained Level IV Survey Technician Certification established by the National Society of Professional Surveyors – American Congress on Surveying and Mapping or similar certification acceptable to the Board.

(1B) Applying for licensure as a professional land surveyor has served as a Surveyor Intern with a specific record of 4 years, as said intern, of combined office and field experience in responsible charge of land surveying projects performed under the direct supervision of a professional land surveyor in the active practice of land surveying.

(1C) When calculating the years of experience for licensure under this chapter, the work performed under the direct supervision of a property line surveyor licensed under the Maryland Code, or by a surveyor licensed under equivalent provisions of other states, shall be considered as equivalent to work performed under the direct supervision of a professional land surveyor in Delaware.”

Section 4. Amend § 2708 (a) (2), Title 24, Delaware Code by deleting it in its entirety and inserting a new subsection (a) (2) to read as follows:

“(2) Professional Land Surveyors shall have achieved the passing score on the written standardized national examination developed by the national professional association in the principles of surveying and the written 2 hour examination on drainage and Delaware law. Surveyor Interns shall have achieved a passing score on the written standardized national examination developed by the national professional association in the fundamentals of surveying; a college senior must show proof of graduation prior to issuance of a license as a Surveyor Intern.”

Section 5. Amend § 2708 (a) (3-6), Title 24, Delaware Code by redesignating them as § 2708 (a)(4-7), and by creating a new subsection (a) (3) thereof to read as follows: “Shall have paid the appropriate fee(s) as established by the Division of Professional Regulation.”

Section 6. Amend § 2712(a)(10), Title 24, Delaware Code by inserting the phrase “or lapsed” after the phrase “has expired” appearing therein.

Section 7. Amend § 2711, Title 24, Delaware Code by adding the following sentence at the end of thereof: “The Board shall charge a late fee equivalent to twice the sum of the unpaid renewal fee.”

Section 8. Amend Chapter 27, Title 24 of the Delaware Code by creating a new Section 2721 thereof, to read as follows:

Ҥ2721. Counseling; Letter of Concern

(a) The Board may determine after an investigation that a violation of this chapter or of the rules and regulations enacted pursuant to this chapter which warrants formal disciplinary action has not occurred, but that an act or omission of the licensee is a matter of concern and that the licensee’s practice may be improved if made aware of the concern. The Board Chairman, with the concurrence of the Board, may issue a non-disciplinary, confidential letter of concern regarding the licensee’s act or omission.

(b) If a person licensed to practice land surveying receives a total of three letters of concern and/or letters of counseling pursuant to this section, the Board may reasonably require a formal assessment of professional competency to assess the licensee’s ability in order to protect the health and safety of the public.”

Section 8. Interim alternative licensure method. Applicants for licensure as a professional land surveyor under Chapter 27 of Title 24 of the Delaware Code may follow the licensure requirements in effect on May 31, 2007, in lieu of the new licensure method described in this Act, until July 1, 2011.

Approved July 24, 2007