|SAME AS||SAME AS A07865|
|Amd §§7209 & 7210, Ed L|
|Relates to the practice of professional geology.|
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STATE OF NEW YORK ________________________________________________________________________ 6084 2019-2020 Regular Sessions IN SENATE May 16, 2019 ___________ Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education 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 to read as 3 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. The practice 16 of engineering may encompass services that can also be considered to be 17 the practice of geology and a corporation organized pursuant to this 18 subdivision shall be permitted to obtain a certificate of authority to 19 practice geology so long as such corporation has one officer or employee 20 in responsible charge licensed as a professional geologist. It shall be 21 lawful for a corporation which, on account of or as a result of require- 22 ments, restrictions or provisions of federal law, was organized subse- 23 quent to April fifteenth, nineteen hundred thirty-five for the purpose 24 of taking over an existing engineering organization established prior to 25 such time and which has taken over such organization and continued its EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11881-01-9S. 6084 2 1 engineering activities, provided that the chief executive officer of 2 such corporation shall be a professional engineer licensed under this 3 article and provided further, that the person or persons carrying on the 4 actual practice of engineering on behalf of, or designated as "engi- 5 neer", with or without qualifying or characterizing word, by such corpo- 6 ration, shall be authorized to practice engineering as provided in this 7 article. No such corporation shall change its name or sell its franchise 8 or transfer its corporate rights, directly or indirectly to any person, 9 firm or corporation without the consent of the department. Each such 10 corporation shall obtain a triennial registration on payment of a fee of 11 fifty dollars. 12 § 2. Subdivisions 2 and 3 of section 7210 of the education law, as 13 amended by chapter 483 of the laws of 2001, are amended to read as 14 follows: 15 2. Upon application a certificate of authorization shall be issued by 16 the department to all individuals, corporations, limited liability 17 companies, limited liability partnerships, partnerships and joint enter- 18 prises specified in subdivision one of this section and which are 19 authorized to provide professional engineering [ or], land surveying or 20 professional geology services and pay the appropriate fee. 21 3. A "certificate of authorization" shall authorize such individual, 22 corporation, limited liability company, limited liability partnership, 23 partnership or joint enterprise to provide professional engineering 24 [ or], land surveying or professional geology services for three years 25 from the date of issuance subject to, as otherwise prescribed by law, 26 the supervision of the regents of the university of the state of New 27 York including the power to discipline and impose penalties in the same 28 manner and to the same extent as is provided with respect to individuals 29 and their licenses and registration pursuant to this title. 30 § 3. This act shall take effect immediately.