Senate Bill S1834

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1834
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2025
                                ___________
 
 Introduced  by Sen. MARTINEZ -- 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  certain  licensing
   exemptions for landscape architects
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 7326 of the education law, as added by chapter  987
 of the laws of 1971, subdivisions e and f as added by chapter 994 of the
 laws of 1971, is amended to read as follows:
   § 7326. Exempt  persons. This article shall not be construed to affect
 or prevent:
   a. The preparation of details and shop drawings by persons, other than
 landscape architects, for use in connection with the execution of  their
 work;
   b.  Employees  of  those  lawfully  practicing as landscape architects
 under the provisions of this article from acting under the  instruction,
 control or supervision of their employers;
   c. Supervision by builders, or superintendents employed by such build-
 ers, of the installation of landscape projects; [or]
   d.  Business conducted in this state by any agriculturist, horticultu-
 rist, tree expert, arborist, forester, [nurseryman] EMPLOYEE OF A  NURS-
 ERY or [landscape nurseryman] EMPLOYEE OF A NURSERY WHICH GROW TREES AND
 SHRUBS  FOR  LANDSCAPE PURPOSES, gardener, landscape gardener, landscape
 contractor, garden or lawn caretaker or grader or cultivator of land, as
 these terms are generally used, except that no such person shall use the
 designation landscape architect, landscape  architectural  or  landscape
 architecture unless licensed under this article[.];
   e.  Employment of any person as a junior or assistant landscape archi-
 tect by the City of New York in  a  position  the  title  of  which  was
 approved  and  in  use  as  of July first, nineteen hundred seventy-one,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05312-01-5
 S. 1834                             2
              

 
 provided such person acts under the general supervision  of  a  licensed
 landscape architect[.];
   f.  EMPLOYMENT OF ANY PERSON AS A JUNIOR OR ASSISTANT LANDSCAPE ARCHI-
 TECT BY THE STATE OF NEW YORK IN A  POSITION  THE  TITLE  OF  WHICH  WAS
 APPROVED  AND  IN  USE ON OR BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF
 THE LAWS OF TWO THOUSAND  TWENTY-FIVE  THAT  AMENDED  THIS  SUBDIVISION,
 PROVIDED  THAT  SUCH  PERSON  ACTS  UNDER  THE  GENERAL SUPERVISION OF A
 LICENSED LANDSCAPE ARCHITECT; OR
   G. The practice of architecture  by  an  architect  licensed  in  this
 state,  or  the practice of engineering or land surveying by an engineer
 or land surveyor licensed in this state, provided that  no  such  archi-
 tect,  engineer  or  land  surveyor shall use the designation "landscape
 architect," "landscape architectural" or "landscape architecture" unless
 licensed as a landscape architect in this state.
   § 2. This act shall take effect immediately.