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A07486 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        7486--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                     May 22, 2013
                                      ___________

       Introduced  by M. of A. GLICK -- read once and referred 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 land
         surveying

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. Section 7203 of the education law, as added by chapter 987
    2  of the laws of 1971, is amended to read as follows:
    3    S 7203. Definition of practice of land surveying.  1. The practice  of
    4  the profession of land surveying is defined as practicing that branch of
    5  the  engineering  profession and applied mathematics which includes [the
    6  measuring and plotting of the dimensions and areas of any portion of the
    7  earth, including all naturally placed and man-  or  machine-made  struc-
    8  tures and objects thereon, the lengths and directions of boundary lines,
    9  the contour of the surface and] the application of rules and regulations
   10  in accordance with local requirements incidental to subdivisions for the
   11  correct  determination,  description, conveying and recording thereof or
   12  for the establishment or reestablishment thereof, PROVIDING OR  OFFERING
   13  TO  PROVIDE PROFESSIONAL SERVICES UTILIZING SUCH SCIENCES AS MATHEMATICS
   14  AND GEODESY, INVOLVING BOTH A. THE MAKING OF GEOMETRIC MEASUREMENTS  AND
   15  GATHERING  RELATED  INFORMATION  PERTAINING  TO  THE  PHYSICAL  OR LEGAL
   16  FEATURES ON THE EARTH, EXISTING IMPROVEMENTS ON  THE  EARTH,  THE  SPACE
   17  ABOVE,  ON  OR BELOW THE EARTH AND B. PROVIDING, UTILIZING OR DEVELOPING
   18  THE SAME INTO SURVEY PRODUCTS  SUCH  AS  GRAPHICS,  DATA,  MAPS,  PLANS,
   19  REPORTS, AND SPECIFICATIONS, INCLUDING THOSE IN FURTHERANCE OF THE SAFE-
   20  GUARDING OF LIFE, HEALTH, SAFETY, WELFARE AND PROPERTY OF THE PUBLIC.
   21    2. PROFESSIONAL SERVICES INCLUDING ACTS OF CONSULTATION, INVESTIGATION
   22  AND  EVALUATION OF LAND TO BE SURVEYED, PROVIDING TESTIMONY, SUBDIVISION
   23  PLANNING AND MAPPING, ASSEMBLING, ESTIMATING,  SUPERVISION,  AND  INTER-

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08871-03-3
       A. 7486--A                          2

    1  PRETING GATHERED MEASUREMENTS AND INFORMATION RELATED TO ANY ONE OR MORE
    2  OF THE FOLLOWING:
    3    A.  DETERMINING,  BY MEASUREMENT, THE ACTUAL OR PROPOSED CONFIGURATION
    4  OR CONTOUR OF THE EARTH'S SURFACE OR THE POSITION OF FIXED OBJECTS THER-
    5  EON BASED, WHERE REQUIRED BY EXISTING STATUTE AND/OR REGULATION, ON  THE
    6  DESIGN OF A DESIGN PROFESSIONAL OR LOCAL LAW OR ZONING ORDINANCE.
    7    B.  DETERMINING, BY PERFORMING GEODETIC SURVEYS, THE SIZE AND SHAPE OF
    8  THE EARTH OR THE POSITION OF ANY POINT RELATED TO THE EARTH. A  GEODETIC
    9  SURVEY  BEING  DEFINED  AS  THE  SCIENCE OF MEASURING THE EARTH OR LARGE
   10  PORTIONS OF ITS SURFACE; THE DETERMINATION OF  THE  EARTH'S  FIGURE  AND
   11  SIZE.
   12    C.  LOCATING,  RELOCATING,  ESTABLISHING, REESTABLISHING, OR RETRACING
   13  PROPERTY LINES OR BOUNDARIES OF ANY TRACT OR TRACTS OF LAND, ROAD, RIGHT
   14  OF WAY, OR EASEMENT.
   15    D. MAKING ANY SURVEY FOR A SINGLE LOT OR PLOT  OR  FOR  THE  DIVISION,
   16  SUBDIVISION OR CONSOLIDATION OF ANY TRACT OR TRACTS OF LAND.
   17    E.  LOCATING OR LAYING OUT ALIGNMENTS, POSITIONS OR ELEVATIONS FOR THE
   18  CONSTRUCTION OF FIXED WORKS.
   19    F. DETERMINING, BY THE USE OF PRINCIPLES OF  SURVEYING,  THE  POSITION
   20  FOR  ANY  SURVEY MONUMENT (BOUNDARY OR NON-BOUNDARY) OR REFERENCE POINT;
   21  ESTABLISHING OR REPLACING ANY SUCH MONUMENT OR REFERENCE POINT.
   22    G. CREATING, PREPARING OR MODIFYING ELECTRONIC, COMPUTERIZED OR  OTHER
   23  DATA,  RELATIVE  TO  THE  PERFORMANCE  OF  THE  ACTIVITIES  IN THE ABOVE
   24  DESCRIBED PARAGRAPHS A THROUGH F OF THIS SUBDIVISION.
   25    3. NOTHING IN THIS SECTION SHALL REMOVE ANY PREVIOUSLY  GRANTED  LEGAL
   26  OR  REGULATORY  RIGHTS  OR  BE  CONSTRUED AS PROHIBITING A LICENSED LAND
   27  SURVEYOR FROM PROVIDING SERVICES  FOR  LAND  PLANNING,  LAND  USE,  LAND
   28  DEVELOPMENT  AND/OR ENVIRONMENTAL STUDIES RELATED THERETO, WHICH ARE NOT
   29  PRESENTLY RESTRICTED TO THE EXCLUSIVE PRACTICE OF ANOTHER DESIGN PROFES-
   30  SIONAL, AND THE RECORDING  OR  FILING  OF  DOCUMENTS  WITH  GOVERNMENTAL
   31  BODIES  OR  AGENCIES.    IN  ADDITION,  NOTHING IN THIS SECTION SHALL BE
   32  CONSTRUED AS PROHIBITING ANYONE WHO, UNDER CURRENT LAW, MAY PROVIDE LAND
   33  PLANNING, LAND USE, LAND DEVELOPMENT OR ENVIRONMENTAL STUDIES.
   34    S 2. Subdivision 2 of section 7206-a of the education law, as  amended
   35  by chapter 32 of the laws of 1981, is amended to read as follows:
   36    2.  In  lieu  of  the  degree and experience requirements specified in
   37  [subparagraphs (2)] PARAGRAPHS TWO and [(3)] THREE of subdivision one of
   38  this section, AN ASSOCIATES DEGREE AND eight years of practical  experi-
   39  ence  in  work  satisfactory to the board may be accepted, provided that
   40  each full year of college study in engineering or land surveying  satis-
   41  factory to the department may at the discretion of the board be accepted
   42  in lieu of one year of the required eight years of experience.
   43    S  3.  Section  7208  of  the education law is amended by adding a new
   44  subdivision q to read as follows:
   45    Q. THE MAKING OF MEASUREMENTS UTILIZING THE SCIENCE OF PHOTOGRAMMETRY,
   46  DEFINED AS THE SCIENCE OR ART OF OBTAINING RELIABLE MEASUREMENTS THROUGH
   47  THE  USE  OF  AERIAL  PHOTOGRAPHY  AND/OR  OTHER   ACTIVE   OR   PASSIVE
   48  SENSOR-BASED  REMOTE  SENSING  TECHNOLOGIES,  EXCEPT  THAT  ANY GEODETIC
   49  SURVEY TO ESTABLISH CONTROL POINTS NECESSARY TO DERIVE ACCURATE MEASURE-
   50  MENTS FROM THE IMAGERY MUST BE MADE BY A  LICENSED  LAND  SURVEYOR.  ANY
   51  DETERMINATION  OF  TOPOGRAPHY  OR  CONTOURS,  OR  DEPICTION  OF PHYSICAL
   52  IMPROVEMENTS, UTILIZING PHOTOGRAMMETRIC METHODS OR OTHER REMOTE  SENSING
   53  TECHNOLOGY  BY  PERSONS NOT LICENSED AS A LAND SURVEYOR PURSUANT TO THIS
   54  ARTICLE, SHALL NOT ESTABLISH  ANY  BOUNDARY  MONUMENTATION  OR  BOUNDARY
   55  METES  AND  BOUNDS, NOR PROVIDE ANY MEASUREMENT SHOWING THE RELATIONSHIP
   56  OF ANY EXISTING PHYSICAL IMPROVEMENTS TO ANY PROPERTY LINE OR BOUNDARY.
       A. 7486--A                          3

    1    S 4. This act shall take effect immediately; provided,  however,  that
    2  section two of this act shall apply only to those individuals seeking to
    3  file an application with the department of education pursuant to section
    4  7206-a  of  the education law who begin their experience on or after the
    5  effective date of this act.
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