Bill Text: NY A04101 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits a developer from using or displaying the seal of an architect or landscape architect on the developer's plans unless such architect or landscape architect has overseen and approved the development and creation of the plans; provides penalties for violation; and provides an enforcement mechanism.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to economic development [A04101 Detail]

Download: New_York-2023-A04101-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4101

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 9, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Economic Development

        AN ACT to amend the general business law, in relation to imposing penal-
          ties on developers who fraudulently use architect seals

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

     1    Section 1. The general business law is amended by adding a new section
     2  392-k to read as follows:
     3    §  392-k. Fraudulent use of an architectural seal. 1. No developer may
     4  use or display the seal of an architect or landscape architect  licensed
     5  in  this  state  on the developer's plans unless such architect or land-
     6  scape architect has overseen and approved the development  and  creation
     7  of the plans.
     8    2.  a.  A developer that violates the provisions of this section shall
     9  be liable for a fine of three hundred thousand  dollars  per  violation;
    10  provided, however, that if the violation involved plans for a project at
    11  which  a person suffered serious injury or death as a result of a defect
    12  in the design of such plans, the developer shall be liable for a fine of
    13  five hundred thousand dollars per violation.
    14    b. A developer that violates the provisions of this section  shall  be
    15  prohibited  from being awarded any state or municipal contract and shall
    16  be ineligible to claim any state or municipal  tax  benefits  or  credit
    17  otherwise available to a developer.
    18    3.  Whenever  there shall be a violation of this section, the attorney
    19  general, in the name of the people of the state of New York, or  a  city
    20  corporation  counsel  on  behalf of the locality, may bring an action in
    21  the supreme court or federal district court to enjoin and restrain  such
    22  violations and to obtain restitution and damages.
    23    4. All moneys collected from fines imposed under this section shall be
    24  deposited to the credit of the general fund.
    25    §  2.  This  act shall take effect on the thirtieth day after it shall
    26  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02741-01-3