Bill Text: NY A04870 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the practice of professional geology.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced) 2024-01-03 - referred to higher education [A04870 Detail]

Download: New_York-2023-A04870-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4870

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 24, 2023
                                       ___________

        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee on Higher Education

        AN  ACT  to  amend  the  education  law,  in relation to the practice of
          professional geology

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  6  of  section 7209 of the education law, as
     2  amended by chapter 62 of the  laws  of  1989,  is  amended  to  read  as
     3  follows:
     4    6.  It  shall be lawful for a corporation organized and existing under
     5  the laws of the state of New York which on the fifteenth day  of  April,
     6  nineteen  hundred  thirty-five and continuously thereafter, was lawfully
     7  practicing engineering or land surveying in New York state, to  continue
     8  such  practice  provided  that  the  chief  executive officer shall be a
     9  professional engineer licensed under this article, if  practicing  engi-
    10  neering,  or  a land surveyor licensed under this article, if practicing
    11  land surveying, and provided further that the person or persons carrying
    12  on the actual practice of engineering or  surveying  on  behalf  of,  or
    13  designated  as  "engineer"  or "surveyor", with or without qualifying or
    14  characterizing word, by such corporation shall be authorized to practice
    15  engineering or land surveying as provided in this article.  Such  corpo-
    16  ration  shall  also  be  authorized  to practice geology so long as such
    17  corporation has at least one officer or director licensed as  a  profes-
    18  sional geologist. It shall be lawful for a corporation which, on account
    19  of or as a result of requirements, restrictions or provisions of federal
    20  law, was organized subsequent to April fifteenth, nineteen hundred thir-
    21  ty-five for the purpose of taking over an existing engineering organiza-
    22  tion established prior to such time and which has taken over such organ-
    23  ization  and  continued  its  engineering  activities, provided that the
    24  chief executive officer of such  corporation  shall  be  a  professional
    25  engineer  licensed  under  this  article  and provided further, that the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06093-03-3
        A. 4870                             2

     1  person or persons carrying on the  actual  practice  of  engineering  on
     2  behalf  of,  or  designated as "engineer", with or without qualifying or
     3  characterizing word, by such corporation, shall be authorized  to  prac-
     4  tice  engineering as provided in this article. No such corporation shall
     5  change its name or sell its franchise or transfer its corporate  rights,
     6  directly  or  indirectly  to any person, firm or corporation without the
     7  consent of the department. Each such corporation shall obtain a trienni-
     8  al registration on payment of a fee of fifty dollars.
     9    § 2. Subdivisions 2 and 3 of section 7210 of  the  education  law,  as
    10  amended  by  chapter  483  of  the  laws of 2001, are amended to read as
    11  follows:
    12    2. Upon application a certificate of authorization shall be issued  by
    13  the  department  to  all  individuals,  corporations,  limited liability
    14  companies, limited liability partnerships, partnerships and joint enter-
    15  prises specified in subdivision  one  of  this  section  and  which  are
    16  authorized  to  provide professional engineering [or], land surveying or
    17  professional geology services and pay the appropriate fee.
    18    3. A "certificate of authorization" shall authorize  such  individual,
    19  corporation,  limited  liability company, limited liability partnership,
    20  partnership or joint  enterprise  to  provide  professional  engineering
    21  [or],  land  surveying  or professional geology services for three years
    22  from the date of issuance subject to, as otherwise  prescribed  by  law,
    23  the  supervision  of  the  regents of the university of the state of New
    24  York including the power to discipline and impose penalties in the  same
    25  manner and to the same extent as is provided with respect to individuals
    26  and their licenses and registration pursuant to this title.
    27    § 3. This act shall take effect immediately.