S T A T E O F N E W Y O R K
________________________________________________________________________
4870
2023-2024 Regular Sessions
I N A S S E M B L Y
February 24, 2023
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee 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. SUCH CORPO-
RATION SHALL ALSO BE AUTHORIZED TO PRACTICE GEOLOGY SO LONG AS SUCH
CORPORATION HAS AT LEAST ONE OFFICER OR DIRECTOR LICENSED AS A PROFES-
SIONAL GEOLOGIST. It shall be lawful for a corporation which, on account
of or as a result of requirements, restrictions or provisions of federal
law, was organized subsequent to April fifteenth, nineteen hundred thir-
ty-five for the purpose of taking over an existing engineering organiza-
tion established prior to such time and which has taken over such organ-
ization and continued its 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06093-03-3
A. 4870 2
person or persons carrying on the actual practice of engineering on
behalf of, or designated as "engineer", with or without qualifying or
characterizing word, by such corporation, shall be authorized to prac-
tice 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 trienni-
al 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.