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A02571 Summary:

BILL NOA02571C
 
SAME ASSAME AS S00620-C
 
SPONSORMcDonald (MS)
 
COSPNSRBurdick, Santabarbara, Jensen, Brabenec, Eachus, Stirpe, McMahon, Jacobson, Reyes, Sayegh, Berger, Shimsky, Steck, Brown K, Kassay, Kay
 
MLTSPNSRLevenberg
 
Amd §§7209 & 7210, Ed L
 
Relates to the practice of professional geology.
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A02571 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2571--C
 
                               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, KAY -- Multi-Sponsored by -- M. of A.
          LEVENBERG -- read once and referred to the Committee on Higher  Educa-
          tion  --  committee  discharged,  bill  amended,  ordered reprinted as
          amended and recommitted  to  said  committee  --  recommitted  to  the
          Committee on Higher Education in accordance with Assembly Rule 3, sec.
          2  -- committee discharged, bill amended, ordered reprinted as amended
          and recommitted to said committee -- again reported from said  commit-
          tee  with  amendments, 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01545-11-6

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