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.