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S06084 Summary:

Amd 7209 & 7210, Ed L
Relates to the practice of professional geology.
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S06084 Memo:

Memo not available
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S06084 Text:

                STATE OF NEW YORK
                               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.

        S. 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.
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