senate Bill S4827A

2013-2014 Legislative Session

Relates to the practice of land surveying

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to higher education
Jun 21, 2013 committed to rules
Jun 11, 2013 advanced to third reading
Jun 10, 2013 2nd report cal.
Jun 05, 2013 1st report cal.1142
Jun 03, 2013 print number 4827a
amend and recommit to higher education
Apr 25, 2013 referred to higher education

Votes

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Jun 4, 2013 - Higher Education committee Vote

S4827A
14
1
committee
14
Aye
1
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Higher Education Committee Vote: Jun 4, 2013

nay (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

S4827 - Bill Details

See Assembly Version of this Bill:
A7486A
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§7203, 7206-a & 7208, Ed L

S4827 - Bill Texts

view summary

Relates to the practice of land surveying.

view sponsor memo
BILL NUMBER:S4827

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

PURPOSE: To update the licensing requirements for land surveyors and
revise the definition of the practice of land surveying.

SUMMARY OF PROVISIONS:

Section 1 amends Education Law Section 7203 to define the practice of
land surveying as practicing that branch of the engineering profession
and applied mathematics which 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 the making of geometric
measurements and gathering related information pertaining to the
physical or legal features on the earth, improvements on the earth,
the space above, on or below the earth and 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,

Section 2 of the bill amends Education Law Section 7206-a(2) to
include an Associates' 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
subdivision (q) which 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 remove
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 remove 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.


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 he 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. 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: New legislation.

FISCAL IMPLICATIONS: None to the State

EFFECTIVE DATE: This act shall take effect immediately after having
become law; 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 began their education on or after the effective date of this
act.

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

                                  4827

                       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

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, 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, SPECIFICA-
TIONS, DESCRIPTIONS, AND PROJECTS, INCLUDING THOSE IN FURTHERANCE OF THE
SAFEGUARDING OF LIFE,  HEALTH,  SAFETY,  WELFARE  AND  PROPERTY  OF  THE
PUBLIC.
  2.  PROFESSIONAL  SERVICES  INCLUDE,  BUT  ARE NOT LIMITED TO, ACTS OF
CONSULTATION, INVESTIGATION, EVALUATION, PROVIDING TESTIMONY,  PLANNING,
MAPPING,  ASSEMBLING, ESTIMATING, SUPERVISION, AND INTERPRETING GATHERED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08871-01-3

S. 4827                             2

MEASUREMENTS AND INFORMATION RELATED TO ANY ONE OR MORE OF  THE  FOLLOW-
ING:
  A.  DETERMINING,  BY MEASUREMENT, THE ACTUAL OR PROPOSED CONFIGURATION
OR CONTOUR OF THE EARTH'S SURFACE OR THE POSITION OF FIXED OBJECTS THER-
EON.
  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 CONSULTATION 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 AND THE RECORD-
ING 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 PHYSICAL IMPROVEMENTS TO ANY PROPERTY LINE OR BOUNDARY.
  S 4. This act shall take effect immediately; provided,  however,  that
section two of this act shall apply only to those individuals seeking to

S. 4827                             3

file an application with the department of education pursuant to section
7206-a  of  the  education law who began their education on or after the
effective date of this act.

S4827A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7486A
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§7203, 7206-a & 7208, Ed L

S4827A (ACTIVE) - Bill Texts

view summary

Relates to the practice of land surveying.

view 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.

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                    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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