Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to higher education |
Feb 03, 2009 |
referred to higher education |
Senate Bill S1619
2009-2010 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Higher Education 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
Actions
co-Sponsors
(D) Senate District
(R, C) Senate District
(R, C, Ind, WF) Senate District
(R) Senate District
2009-S1619 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A4290
- Current Committee:
- Senate Higher Education
- Law Section:
- Education Law
- Laws Affected:
- Amd §§7209, 7307 & 7327, Ed L
2009-S1619 (ACTIVE) - Summary
Provides that a contract made by a person unlicensed to practice engineering services, architectural services or landscape architectural services which assumes responsibility for both design and construction of a building project is against public policy, and unenforceable unless such person is identified in such contract and doesn't have an interest in such contracting party and the practice of such licensee is independent of the contracting party's business.
2009-S1619 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1619 TITLE OF BILL : An act to amend the education law, in relation to the independence of design professionals in certain contractual relationships PURPOSE OR GENERAL IDEA OF BILL : This bill would ensure the public's safety and the professional independence of architects, engineers and landscape architects. SUMMARY OF SPECIFIC PROVISIONS : A new subdivision 10 is added to section 7209 of the education law, making contracts for design and construction by an unlicensed person or entity void and unenforceable unless a licensed engineer is identified in the contract, and such licensee's practice is independent of the contracting party's business. A new subdivision 6 is added to section 7307 of the education law to make the same provisions with respect to licensed architects. A new subdivision 5 is added to section 7372 of the education law to make the same provisions with respect to licensed landscape architects. JUSTIFICATION : The State of New York requires those individuals providing professional services, such as architecture and engineering, to be
2009-S1619 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 1619 A. 4290 2009-2010 Regular Sessions S E N A T E - A S S E M B L Y February 3, 2009 ___________ IN SENATE -- Introduced by Sens. LAVALLE, DIAZ, LARKIN, MORAHAN, VOLKER -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education IN ASSEMBLY -- Introduced by M. of A. CANESTRARI -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to the independence of design professionals in certain contractual relationships THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 7209 of the education law is amended by adding a new subdivision 10 to read as follows: 10. A CONTRACT MADE BY A PERSON OR ENTITY WHO IS NOT LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE ENGINEERING, AS SUCH TERM IS DEFINED IN SECTION SEVENTY-TWO HUNDRED ONE OF THIS ARTICLE, WHICH ASSUMES RESPONSI- BILITY FOR BOTH DESIGN AND CONSTRUCTION OF A BUILDING PROJECT, OR UNDER WHICH SAID PERSON OR ENTITY UNDERTAKES TO PROCURE OR PROVIDE PROFES- SIONAL DESIGN SERVICES, SHALL BE AGAINST PUBLIC POLICY AND UNENFORCEA- BLE. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, HOWEVER, SUCH A CONTRACT MADE BY A PERSON OR ENTITY WHO IS NOT LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE ENGINEERING, SHALL BE IN ACCORDANCE WITH PUBLIC POLICY AND ENFORCEABLE IF THE LICENSED ENGINEER OR ENTITY DULY AUTHOR- IZED PURSUANT TO SECTION SEVENTY-TWO HUNDRED TEN OF THIS ARTICLE WHO IS TO PERFORM THE DESIGN SERVICES IS IDENTIFIED IN SUCH CONTRACT AND SUCH LICENSEE OR AUTHORIZED ENTITY IS NEITHER AN OFFICER, PARTNER, EMPLOYEE, SHAREHOLDER NOR MEMBER OF, AND DOES NOT MAINTAIN AN EQUITY INTEREST IN, SUCH CONTRACTING PARTY AND THE PRACTICE OF SUCH LICENSEE IS INDEPENDENT OF THE CONTRACTING PARTY'S BUSINESS. S 2. Section 7307 of the education law is amended by adding a new subdivision 6 to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02574-01-9
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