Senate Bill S8242

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8242
 
                             I N  S E N A T E
 
                              April 20, 2018
                                ___________
 
 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 definition of  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:
   § 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.] 1. AS  USED  IN  THIS
 ARTICLE,  THE  FOLLOWING  TERMS  SHALL  HAVE THE RESPECTIVE MEANINGS SET
 FORTH IN THIS SECTION:
   (A) "GEODETIC SURVEY" SHALL MEAN THE SCIENCE OF MEASURING THE EARTH OR
 LARGE PORTIONS OF ITS SURFACE; THE DETERMINATION OF THE  EARTH'S  FIGURE
 AND SIZE.
   (B)  "PHOTOGRAMMETRY" SHALL MEAN THE SCIENCE OR ART OF OBTAINING RELI-
 ABLE 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
 MEASUREMENTS FROM THE IMAGERY MUST BE MADE BY A LICENSED LAND SURVEYOR.
   (C) "SITE PLAN" SHALL MEAN A RENDERING, DRAWING, OR SKETCH PREPARED TO
 SPECIFICATIONS AND CONTAINING NECESSARY ELEMENTS, AS SPECIFIED IN A LAW,
 RULE,  OR  REGULATION,  WHICH  SHOWS  THE  ARRANGEMENT AND LAYOUT OF THE
 PROPOSED USE OF A PARCEL OF LAND.
   (D) "SUBDIVISION" SHALL MEAN THE DIVISION OF ANY PARCEL OF LAND INTO A
 NUMBER OF LOTS, BLOCKS, OR SITES AS SPECIFIED IN A LAW, RULE,  OR  REGU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15537-01-8

 S. 8242                             2
 
 LATION,  WITH  OR WITHOUT STREETS OR HIGHWAYS, FOR THE PURPOSE OF LEASE,
 SALE, TRANSFER, OR OWNERSHIP, OR DEVELOPMENT.
   2. THE PRACTICE OF THE PROFESSION OF LAND SURVEYING SHALL MEAN PROVID-
 ING,  OR  OFFERING TO PROVIDE, PROFESSIONAL SERVICES USING SUCH SCIENCES
 AND PRINCIPLES AS MATHEMATICS, GEODESY, PHOTOGRAMMETRY, AND LEGAL  PRIN-
 CIPLES, AND INVOLVING BOTH: (A) 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
   (B)  PROVIDING, UTILIZING, OR DEVELOPING THE SAME INTO SURVEY PRODUCTS
 SUCH AS GRAPHICS, DATA, MAPS, PLANS,  BOUNDARY  MONUMENTATION,  REPORTS,
 REAL  PROPERTY  METES  AND/OR  BOUNDS  DESCRIPTIONS,  SPECIFICATIONS  OR
 PROJECTS. PROFESSIONAL SERVICES INCLUDE ACTS OF CONSULTATION,  RESEARCH,
 INVESTIGATION, PLANNING, MAPPING, AND INTERPRETING GATHERED MEASUREMENTS
 AND INFORMATION RELATED TO ANY ONE OR MORE OF THE FOLLOWING:
   (I)  DETERMINING  BY  MEASUREMENT  THE CONFIGURATION OR CONTOUR OF THE
 EARTH'S SURFACE OR THE POSITION OF FIXED OBJECTS THEREON;
   (II) DETERMINING BY PERFORMING GEODETIC SURVEYS THE SIZE AND SHAPE  OF
 THE EARTH OR THE POSITION OF ANY POINT ON THE EARTH;
   (III) LOCATING, RELOCATING, ESTABLISHING, REESTABLISHING, OR RETRACING
 PROPERTY  LINES  OR BOUNDARIES OR REGULATORY LINES OF ANY TRACT OF LAND,
 ROAD, RIGHT-OF-WAY, OR EASEMENT;
   (IV) MAKING ANY SURVEY FOR A SINGLE LOT OR PLOT OR  FOR  THE  SUBDIVI-
 SION, OR CONSOLIDATION OF ANY TRACT OR TRACTS OF LAND AS WELL AS DESIGN-
 ING AND PREPARING SUBDIVISION MAPPING;
   (V) LOCATING OR LAYING OUT ALIGNMENTS, POSITIONS, OR ELEVATIONS RELAT-
 ING TO BOUNDARY LINES;
   (VI)  DETERMINING, BY THE USE OF PRINCIPALS OF SURVEYING, THE POSITION
 FOR ANY SURVEY MONUMENT (BOUNDARY OR NON-BOUNDARY) OR  REFERENCE  POINT;
 ESTABLISHING OR REPLACING ANY SUCH MONUMENT OR REFERENCE POINT;
   (VII)  ANY  DETERMINATION OF TOPOGRAPHY OR CONTOURS, OR DESCRIPTION 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 BE UTILIZED TO ESTABLISH ANY BOUNDARY MONU-
 MENTATION OR BOUNDARY METES AND  BOUNDS,  NOR  PROVIDE  ANY  MEASUREMENT
 SHOWING  THE  RELATIONSHIP  OF ANY EXISTING PHYSICAL IMPROVEMENTS TO ANY
 PROPERTY LINE OR BOUNDARY;
   (VIII) CREATING, PREPARING, OR MODIFYING ELECTRONIC OR COMPUTERIZED OR
 OTHER DATA, RELATIVE TO THE PERFORMANCE OF THE  ACTIVITIES  IN  SUBPARA-
 GRAPHS (I) THROUGH (VII) OF THIS PARAGRAPH.
   § 2. This act shall take effect immediately.