Bill Text: NY S01818 | 2023-2024 | General Assembly | Amended

---

Bill Title: Relates to the practice of professional geology.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-01-03 - REFERRED TO HIGHER EDUCATION [S01818 Detail]

Download: New_York-2023-S01818-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         1818--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 17, 2023
                                       ___________

        Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Higher  Education  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06093-02-3
        S. 1818--A                          2

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