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A02571 Summary:

BILL NOA02571A
 
SAME ASSAME AS S00620-A
 
SPONSORMcDonald (MS)
 
COSPNSRBurdick, Santabarbara, Jensen, Brabenec, Eachus, Stirpe, McMahon, Jacobson, Reyes, Sayegh, Berger, Shimsky, Steck, Brown K, Kassay
 
MLTSPNSRLevenberg
 
Amd §§7209 & 7210, Ed L
 
Relates to the practice of professional geology.
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A02571 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2571--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2025
                                       ___________
 
        Introduced  by  M. of A. McDONALD, BURDICK, SANTABARBARA, JENSEN, BRABE-
          NEC, EACHUS, STIRPE, McMAHON, JACOBSON, REYES, SAYEGH,  BERGER,  SHIM-
          SKY,  STECK, K. BROWN, KASSAY -- Multi-Sponsored by -- M. of A. LEVEN-
          BERG -- 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
          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 and a new subdivi-
     3  sion 10 is added to read as 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 provided  that  such
    17  corporation's  corporate  purposes  include the practice of professional
    18  geology pursuant to subdivision ten of this section. It shall be  lawful
    19  for  a  corporation which, on account of or as a result of requirements,
    20  restrictions or provisions of federal law, was organized  subsequent  to
    21  April  fifteenth, nineteen hundred thirty-five for the purpose of taking
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01545-06-5

        A. 2571--A                          2
 
     1  over an existing engineering organization established prior to such time
     2  and which has taken over such organization and continued its engineering
     3  activities, provided that the chief executive  officer  of  such  corpo-
     4  ration  shall be a professional engineer licensed under this article and
     5  provided further, that the person or  persons  carrying  on  the  actual
     6  practice  of engineering on behalf of, or designated as "engineer", with
     7  or without qualifying or characterizing word, by such corporation, shall
     8  be authorized to practice engineering as provided in  this  article.  No
     9  such corporation shall change its name or sell its franchise or transfer
    10  its  corporate  rights,  directly  or  indirectly to any person, firm or
    11  corporation without the consent of the department. Each such corporation
    12  shall obtain a triennial registration on  payment  of  a  fee  of  fifty
    13  dollars.
    14    10.  Prior  to  December  thirty-first, two thousand twenty-eight, the
    15  department and the department of state shall  allow  a  business  corpo-
    16  ration  as  described  in  subdivision  six of this section to amend its
    17  certificate of incorporation so that its corporate purposes include  the
    18  practice  of  professional  geology.  The certificate of amendment shall
    19  have attached thereto  a  certificate  or  certificates  issued  by  the
    20  licensing  authority certifying that at least one director or officer of
    21  the business corporation is a professional geologist licensed under this
    22  article.  Notwithstanding any provision of law  to  the  contrary,  such
    23  business  corporation  shall  be  required to comply with all applicable
    24  laws, rules, or regulations relating to  the  practice  of  professional
    25  geology under this title.
    26    §  2.  Subdivisions  2  and 3 of section 7210 of the education law, as
    27  amended by chapter 483 of the laws of  2001,  are  amended  to  read  as
    28  follows:
    29    2.  Upon application a certificate of authorization shall be issued by
    30  the department  to  all  individuals,  corporations,  limited  liability
    31  companies, limited liability partnerships, partnerships and joint enter-
    32  prises  specified  in  subdivision  one  of  this  section and which are
    33  authorized to provide professional engineering [or], land  surveying  or
    34  professional geology services and pay the appropriate fee.
    35    3.  A  "certificate of authorization" shall authorize such individual,
    36  corporation, limited liability company, limited  liability  partnership,
    37  partnership  or  joint  enterprise  to  provide professional engineering
    38  [or], land surveying or professional geology services  for  three  years
    39  from  the  date  of issuance subject to, as otherwise prescribed by law,
    40  the supervision of the regents of the university of  the  state  of  New
    41  York  including the power to discipline and impose penalties in the same
    42  manner and to the same extent as is provided with respect to individuals
    43  and their licenses and registration pursuant to this title.
    44    § 3. This act shall take effect immediately.
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