Bill Text: NY S03542 | 2021-2022 | General Assembly | Introduced

New York Senate Bill 3542 (Prior Session Legislation)

Introduced

Bill Title: Relates to the practice of professional geology.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2022-05-11 - referred to higher education [S03542 Detail]

Download: New_York-2021-S03542-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          3542

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 30, 2021
                                       ___________

        Introduced by Sens. STAVISKY, SKOUFIS -- read twice and ordered printed,
          and when printed to be committed to the Committee 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. The  practice
    16  of  engineering may encompass services that can also be considered to be
    17  the practice of geology and a corporation  organized  pursuant  to  this
    18  subdivision  shall  be permitted to obtain a certificate of authority to
    19  practice geology so long as such corporation has one officer or employee
    20  in responsible charge licensed as a professional geologist. It shall  be
    21  lawful for a corporation which, on account of or as a result of require-
    22  ments,  restrictions  or provisions of federal law, was organized subse-
    23  quent to April fifteenth, nineteen hundred thirty-five for  the  purpose
    24  of taking over an existing engineering organization established prior to
    25  such  time  and which has taken over such organization and continued its

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07638-01-1

        S. 3542                             2

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