senate Bill S4827A

Relates to the practice of land surveying

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 25 / Apr / 2013
    • REFERRED TO HIGHER EDUCATION
  • 03 / Jun / 2013
    • AMEND AND RECOMMIT TO HIGHER EDUCATION
  • 03 / Jun / 2013
    • PRINT NUMBER 4827A
  • 05 / Jun / 2013
    • 1ST REPORT CAL.1142
  • 10 / Jun / 2013
    • 2ND REPORT CAL.
  • 11 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO HIGHER EDUCATION

Summary

Relates to the practice of land surveying.

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Bill Details

See Assembly Version of this Bill:
A7486A
Versions:
S4827
S4827A
Legislative Cycle:
2013-2014
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Amd ยงยง7203, 7206-a & 7208, Ed L

Votes

14
1
14
Aye
1
Nay
4
aye with reservations
0
absent
0
excused
0
abstained
show Higher Education committee vote details

Sponsor Memo

BILL NUMBER:S4827A

TITLE OF BILL: An act to amend the education law, in relation to the
practice of land surveying

PURPOSE:

This bill would update the licensing requirements for land surveyors
and revise the definition of the practice of land surveying.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Education Law Section 7203 to define the
practice of land surveying as practicing that branch of the
engineering profession and applied mathematics with includes the
application of rules and regulations in accordance with local
requirements incidental to subdivisions for the correct determination,
description, conveying and recording thereof or for the establishment
or reestablishment thereof, providing or offering to provide
professional services utilizing such sciences as mathematics, geodesy
and photogrammetry, defined as the science or art of obtaining
reliable measurements through the use of aerial photography and/or
other active or passive sensor-based remote sensing technologies,
involving both(1) the making of geometric measurements and gathering
related information pertaining to the physical or legal features of
the earth, improvements on the earth, the space above, on or below the
earth and (2) providing, utilizing or developing the same into survey
products such as graphics, data, maps, plans, reports, specifications,
descriptions and projects including those in furtherance of the
safeguarding of life, health, safety, welfare and property of the
public.

Professional services would include acts of consultation,
investigation, evaluation, providing expert technical testimony,
planning, mapping, assembling, estimating, designing, supervision and
interpreting gathered measurements and information.

Section 2 of the bill amends Education Law Section 7206-a(2) to
include an Associate's degree along with eight years of practical
experience in work satisfactory to the board as an alternative for
obtaining a license in lieu of the degree and experience requirements.

Section 3 of the bill amends Education Law Section 7208 to add new
subdivisions (q). Subdivision (q) defines the practice of
photogrammetry as the science or art of obtaining reliable
measurements through the use of aerial photography and/or other active
or passive sensor-based remote sensing technologies, except that any
geodetic survey to establish control points necessary to derive
accurate measurements from the imagery must be made by a licensed land
surveyor. Any determination of topography or contours, or depiction of
physical improvements, utilizing photogrammetric methods or other
remote sensing technology by persons not licensed as a land surveyor
pursuant to this article, shall not establish any boundary
monumentation or boundary metes and bounds, not provide any
measurement showing the relationship of any physical improvements to
any property line or boundary and all such products reliant thereon
must include a notification that states, "This was not prepared under


the direct supervision of a licensed land surveyor and shall not be
relied upon to establish boundary monuments or boundary metes and
bound," Subdivision 9r) exempts certain activities from the profession
of surveying and the creation of general maps for GIS purposes.

JUSTIFICATION:

The practice of land surveying has evolved from the 1st statutory
change in 1971 (Chapter 987). With the advent and use of new
technologies such as Global Positioning Systems (GPS) that aid in the
measurement, mapping and establishing of boundary lines, and other
measurements of the earth's surface that are generally accepted as
coming under the definition of the practice of land surveying, and,
the availability and use of these same technological developments by
members of the general public, it is essential that the statutory
definition of land surveying reflect more clearly the practice of land
surveying to be able to continue to protect the health and welfare of
the public. The current definition remains outdated in light of the
advancements in new technology including the development of Global
Positioning Systems (GPS), and the use of Geographic information
Systems (GIS). This legislation will more accurately classify the
services traditionally provided by licensed professional land
surveyors and reflect the changing nature of the profession that has
resulted from these advances in technology. Additionally, the proposed
enhanced definition preserves the surveyor's current exclusive
authority to provide boundary line determinations but it also
delineates other services the surveyor can perform that are not
exclusive to its profession such as providing expert testimony, land
planning, land use, environmental studies, mapping, assembling,
estimation, designing supervision and interpreting gathered
measurements and information. This clarification is needed to provide
a more uniform interpretation of the surveyor's definition and provide
a clear understanding of what services the surveyor can perform.

The proposed enhanced definition for land surveying reflects the
recommended definition developed by the National Conference of
Examiners for Engineering and Surveying (NCEES) and will provide the
profession and the public a more clear and concise definition of the
profession.

LEGISLATIVE HISTORY:

2011-12 S/4603.

FISCAL IMPLICATIONS:

None to the State

EFFECTIVE DATE:

Immediately with provisions.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4827--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 25, 2013
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed  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 the practice  of  land
  surveying

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 7203 of the education law, as added by chapter  987
of the laws of 1971, is amended to read as follows:
  S 7203. Definition  of practice of land surveying.  1. The practice of
the profession of land surveying is defined as practicing that branch of
the engineering profession and applied mathematics which  includes  [the
measuring and plotting of the dimensions and areas of any portion of the
earth,  including  all  naturally placed and man- or machine-made struc-
tures and objects thereon, the lengths and directions of boundary lines,
the contour of the surface and] the application of rules and regulations
in accordance with local requirements incidental to subdivisions for the
correct determination, description, conveying and recording  thereof  or
for  the establishment or reestablishment thereof, PROVIDING OR OFFERING
TO PROVIDE PROFESSIONAL SERVICES UTILIZING SUCH SCIENCES AS  MATHEMATICS
AND  GEODESY, INVOLVING BOTH A. THE MAKING OF GEOMETRIC MEASUREMENTS AND
GATHERING RELATED  INFORMATION  PERTAINING  TO  THE  PHYSICAL  OR  LEGAL
FEATURES  ON  THE  EARTH,  EXISTING IMPROVEMENTS ON THE EARTH, THE SPACE
ABOVE, ON OR BELOW THE EARTH AND B. PROVIDING, UTILIZING  OR  DEVELOPING
THE  SAME  INTO  SURVEY  PRODUCTS  SUCH  AS GRAPHICS, DATA, MAPS, PLANS,
REPORTS, AND SPECIFICATIONS, INCLUDING THOSE IN FURTHERANCE OF THE SAFE-
GUARDING OF LIFE, HEALTH, SAFETY, WELFARE AND PROPERTY OF THE PUBLIC.
  2. PROFESSIONAL SERVICES INCLUDING ACTS OF CONSULTATION, INVESTIGATION
AND EVALUATION OF LAND TO BE SURVEYED, PROVIDING TESTIMONY,  SUBDIVISION
PLANNING  AND  MAPPING,  ASSEMBLING, ESTIMATING, SUPERVISION, AND INTER-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08871-02-3

S. 4827--A                          2

PRETING GATHERED MEASUREMENTS AND INFORMATION RELATED TO ANY ONE OR MORE
OF THE FOLLOWING:
  A.  DETERMINING,  BY MEASUREMENT, THE ACTUAL OR PROPOSED CONFIGURATION
OR CONTOUR OF THE EARTH'S SURFACE OR THE POSITION OF FIXED OBJECTS THER-
EON BASED, WHERE REQUIRED BY EXISTING STATUTE AND/OR REGULATION, ON  THE
DESIGN OF A DESIGN PROFESSIONAL OR LOCAL LAW OR ZONING ORDINANCE.
  B.  DETERMINING, BY PERFORMING GEODETIC SURVEYS, THE SIZE AND SHAPE OF
THE EARTH OR THE POSITION OF ANY POINT RELATED TO THE EARTH. A  GEODETIC
SURVEY  BEING  DEFINED  AS  THE  SCIENCE OF MEASURING THE EARTH OR LARGE
PORTIONS OF ITS SURFACE; THE DETERMINATION OF  THE  EARTH'S  FIGURE  AND
SIZE.
  C.  LOCATING,  RELOCATING,  ESTABLISHING, REESTABLISHING, OR RETRACING
PROPERTY LINES OR BOUNDARIES OF ANY TRACT OR TRACTS OF LAND, ROAD, RIGHT
OF WAY, OR EASEMENT.
  D. MAKING ANY SURVEY FOR A SINGLE LOT OR PLOT  OR  FOR  THE  DIVISION,
SUBDIVISION OR CONSOLIDATION OF ANY TRACT OR TRACTS OF LAND.
  E.  LOCATING OR LAYING OUT ALIGNMENTS, POSITIONS OR ELEVATIONS FOR THE
CONSTRUCTION OF FIXED WORKS.
  F. DETERMINING, BY THE USE OF PRINCIPLES OF  SURVEYING,  THE  POSITION
FOR  ANY  SURVEY MONUMENT (BOUNDARY OR NON-BOUNDARY) OR REFERENCE POINT;
ESTABLISHING OR REPLACING ANY SUCH MONUMENT OR REFERENCE POINT.
  G. CREATING, PREPARING OR MODIFYING ELECTRONIC, COMPUTERIZED OR  OTHER
DATA,  RELATIVE  TO  THE  PERFORMANCE  OF  THE  ACTIVITIES  IN THE ABOVE
DESCRIBED PARAGRAPHS A THROUGH F OF THIS SUBDIVISION.
  3. NOTHING IN THIS SECTION SHALL REMOVE ANY PREVIOUSLY  GRANTED  LEGAL
OR  REGULATORY  RIGHTS  OR  BE  CONSTRUED AS PROHIBITING A LICENSED LAND
SURVEYOR FROM PROVIDING SERVICES  FOR  LAND  PLANNING,  LAND  USE,  LAND
DEVELOPMENT  AND/OR ENVIRONMENTAL STUDIES RELATED THERETO, WHICH ARE NOT
PRESENTLY RESTRICTED TO THE EXCLUSIVE PRACTICE OF ANOTHER DESIGN PROFES-
SIONAL, AND THE RECORDING  OR  FILING  OF  DOCUMENTS  WITH  GOVERNMENTAL
BODIES  OR  AGENCIES.    IN  ADDITION,  NOTHING IN THIS SECTION SHALL BE
CONSTRUED AS PROHIBITING ANYONE WHO, UNDER CURRENT LAW, MAY PROVIDE LAND
PLANNING, LAND USE, LAND DEVELOPMENT OR ENVIRONMENTAL STUDIES.
  S 2. Subdivision 2 of section 7206-a of the education law, as  amended
by chapter 32 of the laws of 1981, is amended to read as follows:
  2.  In  lieu  of  the  degree and experience requirements specified in
[subparagraphs (2)] PARAGRAPHS TWO and [(3)] THREE of subdivision one of
this section, AN ASSOCIATES DEGREE AND eight years of practical  experi-
ence  in  work  satisfactory to the board may be accepted, provided that
each full year of college study in engineering or land surveying  satis-
factory to the department may at the discretion of the board be accepted
in lieu of one year of the required eight years of experience.
  S  3.  Section  7208  of  the education law is amended by adding a new
subdivision q to read as follows:
  Q. THE MAKING OF MEASUREMENTS UTILIZING THE SCIENCE OF PHOTOGRAMMETRY,
DEFINED AS THE SCIENCE OR ART OF OBTAINING RELIABLE MEASUREMENTS THROUGH
THE  USE  OF  AERIAL  PHOTOGRAPHY  AND/OR  OTHER   ACTIVE   OR   PASSIVE
SENSOR-BASED  REMOTE  SENSING  TECHNOLOGIES,  EXCEPT  THAT  ANY GEODETIC
SURVEY TO ESTABLISH CONTROL POINTS NECESSARY TO DERIVE ACCURATE MEASURE-
MENTS FROM THE IMAGERY MUST BE MADE BY A  LICENSED  LAND  SURVEYOR.  ANY
DETERMINATION  OF  TOPOGRAPHY  OR  CONTOURS,  OR  DEPICTION  OF PHYSICAL
IMPROVEMENTS, UTILIZING PHOTOGRAMMETRIC METHODS OR OTHER REMOTE  SENSING
TECHNOLOGY  BY  PERSONS NOT LICENSED AS A LAND SURVEYOR PURSUANT TO THIS
ARTICLE, SHALL NOT ESTABLISH  ANY  BOUNDARY  MONUMENTATION  OR  BOUNDARY
METES  AND  BOUNDS, NOR PROVIDE ANY MEASUREMENT SHOWING THE RELATIONSHIP
OF ANY EXISTING PHYSICAL IMPROVEMENTS TO ANY PROPERTY LINE OR BOUNDARY.

S. 4827--A                          3

  S 4. This act shall take effect immediately; provided,  however,  that
section two of this act shall apply only to those individuals seeking to
file an application with the department of education pursuant to section
7206-a  of  the education law who begin their experience on or after the
effective date of this act.

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