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S00620 Summary:

BILL NOS00620A
 
SAME ASSAME AS A02571-A
 
SPONSORSTAVISKY
 
COSPNSR
 
MLTSPNSR
 
Amd §§7209 & 7210, Ed L
 
Relates to the practice of professional geology.
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S00620 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         620--A
            Cal. No. 225
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Higher  Education  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading, passed by Senate and delivered  to
          the  Assembly, recalled, vote reconsidered, restored to third reading,
          amended and ordered reprinted, retaining its place  in  the  order  of
          third reading
 
        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,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01545-07-5

        S. 620--A                           2
 
     1  restrictions or provisions of federal law, was organized  subsequent  to
     2  April  fifteenth, nineteen hundred thirty-five for the purpose of taking
     3  over an existing engineering organization established prior to such time
     4  and which has taken over such organization and continued its engineering
     5  activities,  provided  that  the  chief executive officer of such corpo-
     6  ration shall be a professional engineer licensed under this article  and
     7  provided  further,  that  the  person  or persons carrying on the actual
     8  practice of engineering on behalf of, or designated as "engineer",  with
     9  or without qualifying or characterizing word, by such corporation, shall
    10  be  authorized  to  practice engineering as provided in this article. No
    11  such corporation shall change its name or sell its franchise or transfer
    12  its corporate rights, directly or indirectly  to  any  person,  firm  or
    13  corporation without the consent of the department. Each such corporation
    14  shall  obtain  a  triennial  registration  on  payment of a fee of fifty
    15  dollars.
    16    10. Prior to December thirty-first,  two  thousand  twenty-eight,  the
    17  department  and  the  department  of state shall allow a business corpo-
    18  ration as described in subdivision six of  this  section  to  amend  its
    19  certificate  of incorporation so that its corporate purposes include the
    20  practice of professional geology. The  certificate  of  amendment  shall
    21  have  attached  thereto  a  certificate  or  certificates  issued by the
    22  licensing authority certifying that at least one director or officer  of
    23  the business corporation is a professional geologist licensed under this
    24  article.    Notwithstanding  any  provision of law to the contrary, such
    25  business corporation shall be required to  comply  with  all  applicable
    26  laws,  rules,  or  regulations  relating to the practice of professional
    27  geology under this title.
    28    § 2. Subdivisions 2 and 3 of section 7210 of  the  education  law,  as
    29  amended  by  chapter  483  of  the  laws of 2001, are amended to read as
    30  follows:
    31    2. Upon application a certificate of authorization shall be issued  by
    32  the  department  to  all  individuals,  corporations,  limited liability
    33  companies, limited liability partnerships, partnerships and joint enter-
    34  prises specified in subdivision  one  of  this  section  and  which  are
    35  authorized  to  provide professional engineering [or], land surveying or
    36  professional geology services and pay the appropriate fee.
    37    3. A "certificate of authorization" shall authorize  such  individual,
    38  corporation,  limited  liability company, limited liability partnership,
    39  partnership or joint  enterprise  to  provide  professional  engineering
    40  [or],  land  surveying  or professional geology services for three years
    41  from the date of issuance subject to, as otherwise  prescribed  by  law,
    42  the  supervision  of  the  regents of the university of the state of New
    43  York including the power to discipline and impose penalties in the  same
    44  manner and to the same extent as is provided with respect to individuals
    45  and their licenses and registration pursuant to this title.
    46    § 3. This act shall take effect immediately.
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