New York State Assembly

 
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A10021 Summary:

A10021 Actions:

A10021 Committee Votes:

Committee:HIGHER EDUCATION   Chair:Glick      
DATE:07/14/2020AYE/NAY:25/0  Action: Favorable refer to committee Ways and Means        
Glick
Aye
Smith
Aye
Gottfried
Aye
Fitzpatrick
Aye
Englebright
Aye
Garbarino
Aye
Cahill
Aye
Ashby
Aye
Lifton
Aye
Reilly
Aye
Cusick
Aye
Salka
Aye
Lupardo
Aye
Walczyk
Aye
Stirpe
Aye
Fahy
Aye
Pichardo
Aye
Simon
Aye
McDonald
Aye
Bichotte
Aye
Hyndman
Aye
Epstein
Aye
Griffin
Aye
McMahon
Aye
Buttenschon
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:07/17/2020AYE/NAY:32/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Excused
Fitzpatrick
Aye
Glick
Aye
Hawley
Aye
Nolan
Aye
Malliotakis
Aye
Pretlow
Aye
Montesano
Aye
Perry
Aye
Blankenbush
Aye
Colton
Aye
Palmesano
Aye
Cook
Aye
Norris
Aye
Cahill
Aye
Brabenec
Aye
Aubry
Aye
Cusick
Aye
Ortiz
Excused
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Simotas
Aye
Dinowitz
Aye
Miller
Aye
Joyner
Aye

Committee:RULES   Chair:Heastie      
DATE:07/20/2020AYE/NAY:27/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Excused
Nolan
Aye
Hawley
Aye
Weinstein
Aye
Giglio
Aye
Ortiz
Aye
Malliotakis
Aye
Pretlow
Aye
Blankenbush
Aye
Cook
Aye
Norris
Aye
Glick
Excused
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye

A10021 Floor Votes:

A10021 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10021--A
 
                   IN ASSEMBLY
 
                                      March 4, 2020
                                       ___________
 
        Introduced  by  M.  of A. ENGLEBRIGHT, CARROLL, SIMON, JAFFEE, WILLIAMS,
          BLAKE, SEAWRIGHT, L. ROSENTHAL, HYNDMAN -- Multi-Sponsored by -- M. of
          A.  BUTTENSCHON -- 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  continuing  education
          for  professional  engineers,  land  surveyors and professional geolo-
          gists; and to repeal section 7212 of the  education  law  relating  to
          mandatory continuing education for land surveyors
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 7211 of the education law, as added by chapter  146
     2  of  the  laws  of  2002,  paragraph  (d)  of subdivision 1 as amended by
     3  section 8 of part B of chapter 103 of the laws of 2004,  is  amended  to
     4  read as follows:
     5    §  7211.  Mandatory  continuing  education for professional engineers,
     6  land surveyors and  professional  geologists.  1.    (a)  Each  licensed
     7  professional [engineer] required under this article to register trienni-
     8  ally  with  the  department  to practice in this state shall comply with
     9  provisions of the mandatory continuing education requirements prescribed
    10  in subdivision two of this section except as set forth in paragraphs (b)
    11  and (c) of this subdivision. [Professional engineers]  Licensed  profes-
    12  sionals  who  do not satisfy the mandatory continuing education require-
    13  ments shall not practice until they have met such requirements, and have
    14  been issued a registration certificate, except that a  licensed  profes-
    15  sional  [engineer]  may practice without having met such requirements if
    16  he or she is issued a conditional registration certificate  pursuant  to
    17  subdivision three of this section. For purposes of this section the term
    18  "licensed  professional"  shall  mean any individual licensed under this
    19  article as a professional engineer, land surveyor or professional geolo-
    20  gist.
    21    (b) [Professional engineers] Licensed professionals  shall  be  exempt
    22  from  the  mandatory  continuing education requirement for the triennial
    23  registration period during which they are first licensed. In  accordance
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15389-03-0
        A. 10021--A                         2
 
     1  with  the intent of this section, adjustment to the mandatory continuing
     2  education requirement may be granted by the department  for  reasons  of
     3  health  certified  by  an  appropriate  health  care  professional,  for
     4  extended  active duty with the armed forces of the United States, or for
     5  other good cause acceptable to the department which may prevent  compli-
     6  ance.
     7    (c)  A  licensed  professional  [engineer]  not engaged in practice as
     8  determined by the department[,]  shall  be  exempt  from  the  mandatory
     9  continuing education requirement upon the filing of a statement with the
    10  department  declaring such status. Any licensee who returns to the prac-
    11  tice of [professional engineering] his  or  her  profession  during  the
    12  triennial registration period shall notify the department prior to reen-
    13  tering  the  profession and shall meet such mandatory education require-
    14  ments as shall be prescribed by regulations of the commissioner.
    15    (d) Professional engineers directly employed on a full time  basis  by
    16  the  state of New York, its agencies, public authorities, public benefit
    17  corporations or local governmental units prior  to  January  first,  two
    18  thousand four and who are represented by a collective bargaining unit or
    19  who  are designated managerial or confidential pursuant to article four-
    20  teen of the civil service law, at all times when so  employed  shall  be
    21  deemed  to  have satisfied the continuing education requirements of this
    22  section, provided however that any such licensees who  thereafter  leave
    23  such  employment  and  enter the practice of professional engineering in
    24  other capacities in New York, or  otherwise  engage  in  such  practice,
    25  shall  satisfy  the requirements of this section in such manner as shall
    26  be prescribed by regulations of the commissioner.
    27    (e) Professional geologists directly employed on a full-time basis  by
    28  the  state of New York, its agencies, public authorities, public benefit
    29  corporations or local governmental units prior  to  January  first,  two
    30  thousand  twenty-two  and who are represented by a collective bargaining
    31  unit or who are designated managerial or confidential pursuant to  arti-
    32  cle  fourteen  of  the  civil service law, at all times when so employed
    33  shall be deemed to have satisfied the continuing education  requirements
    34  of this section, provided however that any such licensees who thereafter
    35  leave  such employment and enter the practice of professional geology in
    36  other capacities in New York, or  otherwise  engage  in  such  practice,
    37  shall  satisfy  the requirements of this section in such manner as shall
    38  be prescribed by regulations of the commissioner.
    39    2. During each triennial registration period an applicant  for  regis-
    40  tration as a professional engineer and/or a professional geologist shall
    41  complete  a  minimum of thirty-six hours of acceptable continuing educa-
    42  tion[,] and an applicant for  registration  as  a  land  surveyor  shall
    43  complete  a minimum of twenty-four hours of acceptable continuing educa-
    44  tion as specified in subdivision four of this section[, provided that no
    45  more than eighteen hours of such continuing  education  may  consist  of
    46  non-course  activities].  Any  professional  [engineer]  geologist whose
    47  first registration date following the effective date of the  chapter  of
    48  the  laws  of two thousand twenty which amended this section occurs less
    49  than three years from such effective date,  but  on  or  after  [January
    50  first,  two  thousand  five]  January  first, two thousand twenty-three,
    51  shall complete continuing education hours on a  prorated  basis  at  the
    52  rate  of one hour per month for the period beginning [January first, two
    53  thousand four] January first, two thousand twenty-two up  to  the  first
    54  registration  date  thereafter.  A  licensee  who  has not satisfied the
    55  mandatory continuing education requirements shall not be issued a trien-
    56  nial registration certificate by the department and shall  not  practice
        A. 10021--A                         3
 
     1  unless  and  until  a  conditional registration certificate is issued as
     2  provided for in subdivision three of this section. With the exception of
     3  continuing education hours taken during the  registration  period  imme-
     4  diately preceding the effective date of this section, [continuing educa-
     5  tion hours taken during one triennium may not be transferred to a subse-
     6  quent  triennium]  no  more  than  six  continuing education hours taken
     7  during one triennium may be transferred to a subsequent triennium.
     8    3. The department, in its discretion, may issue a  conditional  regis-
     9  tration  to  a  licensee  who  fails  to  meet  the continuing education
    10  requirements established in subdivision two  of  this  section  but  who
    11  agrees to make up any deficiencies and complete any additional education
    12  which  the department may require. The fee for such a conditional regis-
    13  tration shall be the same as, and in addition to, the fee for the trien-
    14  nial registration. The duration of such conditional  registration  shall
    15  be  determined  by  the  department  but  shall not exceed one year. Any
    16  licensee who is notified of the denial of registration  for  failure  to
    17  submit  evidence, satisfactory to the department, of required continuing
    18  education  and  who  practices  [professional  engineering]  a  licensed
    19  profession  without  such  registration,  may be subject to disciplinary
    20  proceedings pursuant to section sixty-five hundred ten of this title.
    21    4. As used in subdivision two of this section, "acceptable  continuing
    22  education"  shall  mean  courses  of learning and educational activities
    23  [which] in architecture, engineering, interior design,  land  surveying,
    24  landscape  architecture  and geology that may contribute to professional
    25  practice in professional engineering, land surveying and/or geology  and
    26  which  meet the standards prescribed by regulations of the commissioner.
    27  Completing courses of learning  and  educational  activities  that  fall
    28  within  the  scope  of  practice of another licensed profession does not
    29  authorize the licensed professional engineer, licensed land surveyor  or
    30  licensed  professional  geologist to lawfully practice a profession that
    31  they are not authorized to practice as defined in  sections  seventy-two
    32  hundred  one,  seventy-two hundred three and seventy-two hundred four of
    33  this title. The department may, in  its  discretion  and  as  needed  to
    34  contribute  to  the  health  and  welfare  of  the  public,  require the
    35  completion of continuing education courses in specific subjects.
    36    5. [Professional  engineers]  Licensed  professionals  shall  maintain
    37  adequate  documentation of completion of acceptable continuing education
    38  and educational activities and shall provide such documentation  at  the
    39  request of the department.
    40    6. The mandatory continuing education fee shall be forty-five dollars,
    41  shall  be payable on or before the first day of each triennial registra-
    42  tion period, and shall be paid in addition to the triennial registration
    43  [fee] fees required  by  [section]  sections  seventy-two  hundred  six,
    44  seventy-two  hundred  six-a, and seventy-two hundred six-b of this arti-
    45  cle.
    46    § 2. Section 7212 of the education law is REPEALED.
    47    § 3. This act shall take effect on January first, two  thousand  twen-
    48  ty-two.