Senate Bill S3315

                                BILL NUMBER:S3315

TITLE OF BILL:

An act to repeal sections 28-104.6.1 and 28-211.1.2 of the
administrative code of the city of New York, paragraph e-1 of
subdivision 4 of section 6507 of the education law and section 4 of
chapter 542 of the laws of 2007, amending the administrative code of
the city of New York and the education law relating to filings by
persons who have negligently or knowingly made false statements in
documents submitted to the department of buildings of the city of New
York, relating to the department of buildings of the city of New York

PURPOSE:

To repeal Chapter 542 of the Laws of 2007.

SUMMARY OF SPECIFIC PROVISIONS:

This legislation repeals Chapter 542 of the Laws of 2007.

JUSTIFICATION:

This bill would repeal certain sections of law to ensure that New York
State licensed architects practicing in New York City are not subject
to a disciplinary process that differs from the process utilized by
              

the State Education Department for all licensed architects in the
state (including those practicing in New York City).

The New York City Administrative Code Section 28-211.1.2 permits the
New York City Department of Buildings to conduct an administrative
hearing to determine whether an architect "knowingly or negligently"
made a false statement. If an architect is found by the Department of
Buildings to have "knowingly or negligently" made a false statement,
the Department of Buildings may refuse to accept any documents from
the architect, thereby restricting the architect's ability to practice
in New York City. The process utilized by the Department of Buildings
eliminates the procedural rights that licensed professionals,
including licensed architects, have under the Education Law, which
include a review of the allegations by a member of the licensed
profession. The oath hearing set forth in New York City Administrative
Code Section 28-211.1.2 does not provide for peer review, and allows
the Commissioner of the New York City Department of Buildings sole
discretion to determine whether an architect should be prevented from
practicing within a certain jurisdiction of the State of New York (New
York City), with inadequate means of appeal.

PRIOR LEGISLATIVE HISTORY:

Passed Senate / A8491 Referred to Rules

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:


This act shall take effect immediately.