Bill Text: NY A04363 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to false statements in documents submitted to the department of buildings of the city of New York.

Spectrum: Strong Partisan Bill (Democrat 13-1)

Status: (Introduced - Dead) 2018-01-29 - print number 4363a [A04363 Detail]

Download: New_York-2017-A04363-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         4363--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 2, 2017
                                       ___________
        Introduced by M. of A. CUSICK, STIRPE, COLTON, HARRIS -- Multi-Sponsored
          by  --  M. of A. FAHY, HEVESI, MALLIOTAKIS, SIMON, TITONE -- read once
          and referred to the Committee on Cities -- recommitted to the  Commit-
          tee  on Cities in accordance with Assembly Rule 3, sec. 2 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN ACT to amend the administrative code of the  city  of  New  York  and
          chapter  542  of the laws of 2007, amending the administrative code of
          the city of New York and the education  law  relating  to  filings  by
          persons  who  have  negligently  or knowingly made false statements in
          documents submitted to the department of buildings of the city of  New
          York, in relation to false statements made to the department of build-
          ings of the city of New York
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 28-211.1.2 of the administrative code of  the  city
     2  of  New York, as added by local law number 8 of the city of New York for
     3  the year 2008, is amended to read as follows:
     4    § 28-211.1.2 Additional penalty for false statements. In  addition  to
     5  any other penalty provided by law, the commissioner may refuse to accept
     6  an  application  or other document submitted pursuant to or in satisfac-
     7  tion of a requirement of this code or of a rule of any agency promulgat-
     8  ed thereunder that bears the signature of a person, other than a  person
     9  licensed  pursuant  to  articles  one  hundred  forty-five,  one hundred
    10  forty-seven or one hundred forty-eight of the  education  law,  who  has
    11  been  found,  after a hearing at the office of administrative trials and
    12  hearings pursuant to the department's rules, to have knowingly or negli-
    13  gently made a false statement or to have knowingly or negligently falsi-
    14  fied or allowed to be falsified any certificate, form, signed statement,
    15  application, report or certification of the correction  of  a  violation
    16  required  under  the  provisions of this code or of a rule of any agency
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00460-04-8
        A. 4363--A                          2
     1  promulgated thereunder.  In addition to any other  penalty  provided  by
     2  law, the commissioner may refuse to accept an application or other docu-
     3  ment  submitted  pursuant to or in satisfaction of a requirement of this
     4  code  or  of  a rule of any agency promulgated thereunder that bears the
     5  signature of a person licensed pursuant to articles one  hundred  forty-
     6  five,  one  hundred forty-seven or one hundred forty-eight of the educa-
     7  tion  law,  who  has  been  found,  under  the  disciplinary  procedures
     8  prescribed  in  section  sixty-five hundred ten of the education law, to
     9  have knowingly or negligently falsified or allowed to be  falsified  any
    10  certificate,  form,  signed  statement,  application,  report or certif-
    11  ication or the correction of a violation required under  the  provisions
    12  of this code or of a rule of any agency promulgated thereunder.
    13    §  2. Section 28-104.6.1 of the administrative code of the city of New
    14  York, as amended by section 10 of part A of local law number 141 of  the
    15  city of New York for the year 2013, is amended to read as follows:
    16    §  28-104.6.1 Verification of professional qualification required. The
    17  department shall not accept construction documents  or  other  documents
    18  submitted  in  connection  with  applications  for construction document
    19  approval or work permits under this code by any person representing that
    20  he or she is a registered design  professional  or  landscape  architect
    21  without  verifying, by means of lists compiled and made available by the
    22  New York state department of education  pursuant  to  paragraph  e-1  of
    23  subdivision  four  of  section sixty-five hundred seven of the education
    24  law, that such person meets the qualifications  established  by  law  to
    25  practice  as  an  architect  or engineer in New York state, and that the
    26  address and contact information for such person provided on the applica-
    27  tion form matches the address and contact information on file  with  the
    28  New York state department of education.
    29    § 3. Section 4 of chapter 542 of the laws of 2007, amending the admin-
    30  istrative code of the city of New York and the education law relating to
    31  filings  by  persons who have negligently or knowingly made false state-
    32  ments in documents submitted to the department of buildings of the  city
    33  of New York, is amended to read as follows:
    34    §  4.  Nothing  set  forth in this act shall be construed to limit the
    35  power of the New York city commissioner of  buildings  to  adopt  rules,
    36  consistent  with  state and local law, that set forth additional grounds
    37  for limitation of the filing privileges  [of  or  otherwise  sanctioning
    38  architects  and  professional engineers who have been determined after a
    39  hearing to have knowingly or negligently submitted  applications,  plans
    40  or  other  documents  to  the New York city department of buildings that
    41  contained false information or were not in compliance with all  applica-
    42  ble provisions of law or who have otherwise demonstrated incompetence or
    43  a  lack of knowledge of applicable law or standards] authorized pursuant
    44  to section 28-104.2.1 of the administrative code  of  the  city  of  New
    45  York.
    46    § 4. This act shall take effect immediately.