Assembly Bill A4101

2023-2024 Legislative Session

Prohibits the fraudulent use of an architect's seal by a developer and provides penalties for violations

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A4101 (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Add §392-k, Gen Bus L

2023-A4101 (ACTIVE) - Summary

Prohibits a developer from using or displaying the seal of an architect or landscape architect on the developer's plans unless such architect or landscape architect has overseen and approved the development and creation of the plans; provides penalties for violation; and provides an enforcement mechanism.

2023-A4101 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4101
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Economic Development
 
 AN ACT to amend the general business law, in relation to imposing penal-
   ties on developers who fraudulently use architect seals
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 392-k to read as follows:
   §  392-K. FRAUDULENT USE OF AN ARCHITECTURAL SEAL. 1. NO DEVELOPER MAY
 USE OR DISPLAY THE SEAL OF AN ARCHITECT OR LANDSCAPE ARCHITECT  LICENSED
 IN  THIS  STATE  ON THE DEVELOPER'S PLANS UNLESS SUCH ARCHITECT OR LAND-
 SCAPE ARCHITECT HAS OVERSEEN AND APPROVED THE DEVELOPMENT  AND  CREATION
 OF THE PLANS.
   2.  A.  A DEVELOPER THAT VIOLATES THE PROVISIONS OF THIS SECTION SHALL
 BE LIABLE FOR A FINE OF THREE HUNDRED THOUSAND  DOLLARS  PER  VIOLATION;
 PROVIDED, HOWEVER, THAT IF THE VIOLATION INVOLVED PLANS FOR A PROJECT AT
 WHICH  A PERSON SUFFERED SERIOUS INJURY OR DEATH AS A RESULT OF A DEFECT
 IN THE DESIGN OF SUCH PLANS, THE DEVELOPER SHALL BE LIABLE FOR A FINE OF
 FIVE HUNDRED THOUSAND DOLLARS PER VIOLATION.
   B. A DEVELOPER THAT VIOLATES THE PROVISIONS OF THIS SECTION  SHALL  BE
 PROHIBITED  FROM BEING AWARDED ANY STATE OR MUNICIPAL CONTRACT AND SHALL
 BE INELIGIBLE TO CLAIM ANY STATE OR MUNICIPAL  TAX  BENEFITS  OR  CREDIT
 OTHERWISE AVAILABLE TO A DEVELOPER.
   3.  WHENEVER  THERE SHALL BE A VIOLATION OF THIS SECTION, THE ATTORNEY
 GENERAL, IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK, OR  A  CITY
 CORPORATION  COUNSEL  ON  BEHALF OF THE LOCALITY, MAY BRING AN ACTION IN
 THE SUPREME COURT OR FEDERAL DISTRICT COURT TO ENJOIN AND RESTRAIN  SUCH
 VIOLATIONS AND TO OBTAIN RESTITUTION AND DAMAGES.
   4. ALL MONEYS COLLECTED FROM FINES IMPOSED UNDER THIS SECTION SHALL BE
 DEPOSITED TO THE CREDIT OF THE GENERAL FUND.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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