Senate Bill S3542

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3542
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced by Sens. STAVISKY, SKOUFIS -- 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
   professional geology
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  6  of  section 7209 of the education law, as
 amended by chapter 62 of the  laws  of  1989,  is  amended  to  read  as
 follows:
   6.  It  shall be lawful for a corporation organized and existing under
 the laws of the state of New York which on the fifteenth day  of  April,
 nineteen  hundred  thirty-five and continuously thereafter, was lawfully
 practicing engineering or land surveying in New York state, to  continue
 such  practice  provided  that  the  chief  executive officer shall be a
 professional engineer licensed under this article, if  practicing  engi-
 neering,  or  a land surveyor licensed under this article, if practicing
 land surveying, and provided further that the person or persons carrying
 on the actual practice of engineering or  surveying  on  behalf  of,  or
 designated  as  "engineer"  or "surveyor", with or without qualifying or
 characterizing word, by such corporation shall be authorized to practice
 engineering or land surveying as provided in this article. THE  PRACTICE
 OF  ENGINEERING MAY ENCOMPASS SERVICES THAT CAN ALSO BE CONSIDERED TO BE
 THE PRACTICE OF GEOLOGY AND A CORPORATION  ORGANIZED  PURSUANT  TO  THIS
 SUBDIVISION  SHALL  BE PERMITTED TO OBTAIN A CERTIFICATE OF AUTHORITY TO
 PRACTICE GEOLOGY SO LONG AS SUCH CORPORATION HAS ONE OFFICER OR EMPLOYEE
 IN RESPONSIBLE CHARGE LICENSED AS A PROFESSIONAL GEOLOGIST. It shall  be
 lawful for a corporation which, on account of or as a result of require-
 ments,  restrictions  or provisions of federal law, was organized subse-
 quent to April fifteenth, nineteen hundred thirty-five for  the  purpose
 of taking over an existing engineering organization established prior to
 such  time  and which has taken over such organization and continued its
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07638-01-1

 S. 3542                             2
 
 engineering activities, provided that the  chief  executive  officer  of
 such  corporation  shall  be a professional engineer licensed under this
 article and provided further, that the person or persons carrying on the
 actual  practice  of  engineering  on behalf of, or designated as "engi-
 neer", with or without qualifying or characterizing word, by such corpo-
 ration, shall be authorized to practice engineering as provided in  this
 article. No such corporation shall change its name or sell its franchise
 or  transfer its corporate rights, directly or indirectly to any person,
 firm or corporation without the consent of  the  department.  Each  such
 corporation shall obtain a triennial registration on payment of a fee of
 fifty dollars.
   §  2.  Subdivisions  2  and 3 of section 7210 of the education law, as
 amended by chapter 483 of the laws of  2001,  are  amended  to  read  as
 follows:
   2.  Upon application a certificate of authorization shall be issued by
 the department  to  all  individuals,  corporations,  limited  liability
 companies, limited liability partnerships, partnerships and joint enter-
 prises  specified  in  subdivision  one  of  this  section and which are
 authorized to provide professional engineering [or], land  surveying  OR
 PROFESSIONAL GEOLOGY services and pay the appropriate fee.
   3.  A  "certificate of authorization" shall authorize such individual,
 corporation, limited liability company, limited  liability  partnership,
 partnership  or  joint  enterprise  to  provide professional engineering
 [or], land surveying OR PROFESSIONAL GEOLOGY services  for  three  years
 from  the  date  of issuance subject to, as otherwise prescribed by law,
 the supervision of the regents of the university of  the  state  of  New
 York  including the power to discipline and impose penalties in the same
 manner and to the same extent as is provided with respect to individuals
 and their licenses and registration pursuant to this title.
   § 3. This act shall take effect immediately.