Senate Bill S1776

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

                                  1776

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 6, 2009
                               ___________

Introduced  by  Sen. LAVALLE -- 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  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.  The practice of the
profession of land surveying is defined as practicing that branch of the
engineering profession and applied mathematics which includes [the meas-
uring  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,
GEODESY, AND INVOLVING BOTH (1) THE MAKING OF GEOMETRIC MEASUREMENTS AND
GATHERING  RELATED  INFORMATION  PERTAINING  TO  THE  PHYSICAL  OR LEGAL
FEATURES OF 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, DESCRIPTIONS, OR PROJECTS.
  PROFESSIONAL  SERVICES  INCLUDE,  BUT  ARE  NOT LIMITED TO THE DESIGN,
PREPARATION AND FURNISHING OF SUBDIVISION PLANS, CONDOMINIUM PLANS, LAND
DEVELOPMENT PLANS, LAND USE PLANS, ENVIRONMENTAL  STUDIES  PLANS,  ESTI-
MATES,  ACTS  OF  CONSULTATION,  SUPERVISION,  INVESTIGATION,  PROVIDING
EXPERT  PROFESSIONAL  AND  TECHNICAL  TESTIMONY,  EVALUATION,  PLANNING,
MAPPING, ASSEMBLING, AND INTERPRETING GATHERED MEASUREMENTS AND INFORMA-
TION INCLUDING, BUT NOT LIMITED TO, ANY ONE OR MORE OF THE FOLLOWING:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02512-02-9
              

S. 1776                             2

  (A) DETERMINING THE ACTUAL OR PROPOSED CONFIGURATION OR CONTOUR OF THE
EARTH'S SURFACE OR THE POSITION OF FIXED OBJECTS THEREON.
  (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)  DETERMINING THE POSITION OF ANY NON-BOUNDARY SURVEY CONTROL MONU-
MENT OR REFERENCE POINT; ESTABLISHING OR REPLACING ANY SUCH MONUMENT  OR
REFERENCE POINT.
  (D) LOCATING OR LAYING OUT ALIGNMENTS, POSITIONS OR ELEVATIONS FOR THE
CONSTRUCTION OF FIXED WORKS.
  (E)  CREATING,  PREPARING,  OR  MODIFYING  ELECTRONIC, COMPUTERIZED OR
OTHER DATA, RELATIVE TO THE PERFORMANCE OF THE ACTIVITIES IN  THE  ABOVE
DESCRIBED SUBDIVISIONS (A) THROUGH (D) OF THIS SECTION.
  (F)  LOCATING,  RELOCATING, ESTABLISHING, REESTABLISHING, OR RETRACING
PROPERTY LINES OR BOUNDARIES OF ANY TRACT OF LAND, ROAD, RIGHT  OF  WAY,
OR EASEMENT.
  (G)  MAKING  ANY  SURVEY FOR A SINGLE LOT OR PLOT OR FOR THE DIVISION,
SUBDIVISION OR CONSOLIDATION OF ANY TRACT OR TRACTS OF LAND, OR FOR  THE
SUBMITTAL OR FILING OF SUCH SURVEY WITH ANY GOVERNMENTAL AGENCY.
  (H)  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.
  (I)  CREATING,  PREPARING,  OR MODIFYING ELECTRONIC OR COMPUTERIZED OR
OTHER DATA, RELATIVE TO THE PERFORMANCE OF THE ACTIVITIES IN  THE  ABOVE
DESCRIBED SUBDIVISIONS (F) THROUGH (H) OF THIS SECTION.
  S  2.  Paragraph 2 of subdivision 1 of section 7206-a of the education
law, as added by chapter 987 of the laws of 1971, is amended to read  as
follows:
  (2)  Education:  have received an education, including a bachelor's or
higher degree based on [a program in land surveying,]  AN  ACCREDITATION
BOARD FOR ENGINEERING AND TECHNOLOGY (ABET) ACCREDITED SURVEYING CURRIC-
ULUM  OF  FOUR OR MORE YEARS in accordance with the commissioner's regu-
lations;
  S 3. 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  4.  Section  7206-a of the education law is amended by adding a new
subdivision 4 to read as follows:
  4. AN APPLICANT APPLYING TO TAKE THE NEW YORK STATE SPECIFIC  EXAMINA-
TION MUST DEMONSTRATE THAT FIFTY PERCENT OF THE REQUIRED PRACTICAL EXPE-
RIENCE  DIRECTLY  RELATED TO THE PRACTICE OF LAND SURVEYING IS UNDER THE
DIRECT SUPERVISION OF A NEW YORK STATE LICENSED LAND SURVEYOR AS IDENTI-
FIED IN SUBDIVISIONS (F) THROUGH  (I)  OF  SECTION  SEVENTY-TWO  HUNDRED
THREE OF THIS ARTICLE.
  S  5.  Subdivision e of section 7208 of the education law, as added by
chapter 987 of the laws of 1971, is amended to read as follows:
  e. Making of surveys by professional engineers, except that the deter-
mination of real property boundaries,  RIGHTS  OF  WAY,  EASEMENTS,  AND

S. 1776                             3

OTHER INTERESTS IN REAL PROPERTY AND THE LOCATION OF MAN-MADE STRUCTURES
AND  OTHER  OBJECTS RELATED THERETO, may be done only by a licensed land
surveyor;
  S  6.  Section  7208  of  the education law is amended by adding a new
subdivision q to read as follows:
  Q. A PERMIT TO PRACTICE LAND SURVEYING AS DEFINED IN SUBDIVISIONS  (A)
THROUGH  (E) OF SECTION SEVENTY-TWO HUNDRED THREE OF THIS ARTICLE MAY BE
GRANTED BASED ON AN INTERNATIONAL OR INTERSTATE  AGREEMENT  BETWEEN  THE
DEPARTMENT  OR BY LEGISLATION, TO A PERSON WHO IS LICENSED OR REGISTERED
AND LEGALLY QUALIFIED TO PRACTICE LAND SURVEYING, BY  JURISDICTIONS  WHO
ARE PARTIES TO SUCH AGREEMENT, PROVIDING THAT SUCH PERMIT MAY BE REVOKED
SHOULD  SUCH  PERSON  BE  FOUND GUILTY OF PRACTICING BEYOND THE SCOPE OF
SUBDIVISIONS (A) THROUGH (E) OF SECTION  SEVENTY-TWO  HUNDRED  THREE  OF
THIS ARTICLE, AFTER DUE PROCESS OF LAW.
  S  7.  Subdivision 2 of section 7207 of the education law, as added by
chapter 987 of the laws of 1971, is amended to read as follows:
  2. A limited permit to practice as a professional  engineer  [or  land
surveyor]  in this state may be issued by the department to a person not
a resident in this state and having no established place of practice  in
this  state, when such practice does not aggregate more than thirty days
in any calendar year, provided that such person is legally qualified  to
practice  in his OR HER own state or country. The limited permit author-
izing such right to practice in this state shall specify the dates with-
in the calendar year when such right may be exercised.
  S 8. This act shall  take  effect  on  the  first  of  September  next
succeeding the date on which it shall have become a law.