Bill Text: DE HB377 | 2009-2010 | 145th General Assembly | Draft

Delaware House Bill 377 (Prior Session Legislation)

Draft

Bill Title: An Act To Amend Title 24 Of The Delaware Code Relating To Licensure For Plumbing Contractors And Heating, Ventilation, Air Conditioning, And Refrigeration Contractors

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-06-15 - Stricken [HB377 Detail]

Download: Delaware-2009-HB377-Draft.html

SPONSOR:

Rep. B. Short & Rep. Barbieri & Rep. Bennett & Rep. Briggs King & Rep. Hocker & Rep. Q. Johnson & Rep. Kovach & Rep. Ramone & Rep. D. Short & Rep. Viola & Rep. Walls & Rep. Wilson & Sen. Katz;

Reps. Hudson, Jaques, Lavelle, Miro

HOUSE OF REPRESENTATIVES

145th GENERAL ASSEMBLY

HOUSE BILL NO. 377

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO LICENSURE FOR PLUMBING CONTRACTORS AND HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION CONTRACTORS

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

Section 1:Amend §1810(a), Title 24 of the Delaware Code by striking the phrase "whose standards for licensure are substantially similar to those of this State and who submits the verified evidence described in §1808(a)(3) through (5) of this title", and inserting in lieu thereof the following:

", provided that: (i) the applicant's state of licensure has standards for licensure which are substantially similar to those of this State, as determined by the Board; (ii) the applicant's state of licensure has reciprocity standards for granting licenses which are substantially similar to those of this State, as determined by the Board; and (iii) the applicant submits the verified evidence as described in §1808(a)(3) through (5) of this title".

Section 2:Amend §1810, Title 24 of the Delaware Code by inserting a new subsection (c) to read as follows:

"(c) An applicant who is licensed by another state, the District of Columbia, or a territory of the United States whose reciprocity standards are not substantially similar to those of this State, as determined by the Board, must comply with all of the qualification standards of this subchapter, including examination under §1809 of this title, prior to issuance of a license by this State.For purposes of this title, the applicant's state of licensure shall be the state in which the applicant is headquartered, or the state in which the applicant's principal place of business is located.".

Section 3:Amend §1823(a), Title 24 of the Delaware Code by striking the phrase "whose standards for licensure are substantially similar to those of this State and who submits the verified evidence described in §1821(a)(3) through (7) of this title" and inserting in lieu thereof the following: ", provided that: (i) the applicant's state of licensure standards for licensure are substantially similar to those of this State, as determined by the Board; (ii) the applicant's state of licensure has reciprocity standards for granting licenses which are substantially similar to those of this State, as determined by the Board; and (iii) the applicant submits the verified evidence as described in §1821(a)(3) through (7) of this title".

Section 4:Amend Section 1823, Title 24 of the Delaware Code by inserting a new subsection (c) to read as follows:

"(c) An applicant who is licensed by another state, the District of Columbia, or a territory of the United States whose reciprocity standards are not substantially similar to those of this State, as determined by the Board, must comply with all of the qualification standards of this subchapter, including examination under §1822 of this title, prior to issuance of a license by this State.For purposes of this title, the applicant's state of licensure shall be the state in which the applicant is headquartered, or the state in which the applicant's principal place of business is located.".

SYNOPSIS

This bill addresses an inequity in licensing procedures for out of state contractors in the plumbing and heating, ventilation, air conditioning and air refrigeration ("HVACR") fields. Currently a licensed contractor from any state can obtain a Delaware plumbing or HVACR license by simply paying a fee and proving that the contractor is licensed elsewhere.Some states do not offer the same reciprocity, and instead require Delaware contractors take a written test, pay a fee, and satisfy all licensing criteria for that state. This bill eliminates the existing disparity between Delaware and out of state reciprocity requirements. If an out of state contractor's home state has provisions similar to Delaware's, the contractor may obtain a Delaware license through the reciprocity provisions. If the other state does not offer reciprocity, that state's resident plumbing and HVACR contractors must go through the full process of becoming licensed in Delaware.