S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4328--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2017
                                ___________
 
 Introduced  by Sens. LANZA, RANZENHOFER -- read twice and ordered print-
   ed, and when printed to be committed to the  Committee  on  Cities  --
   recommitted  to the Committee on Cities in accordance with Senate Rule
   6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee

 AN  ACT  to  amend  the  administrative code of the city of New York and
   chapter 542 of the laws of 2007, amending the administrative  code  of
   the  city  of  New  York  and the education law relating to filings by
   persons who have negligently or knowingly  made  false  statements  in
   documents  submitted to the department of buildings of the city of New
   York, in relation to false statements made to the department of build-
   ings of the city of New York
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 28-211.1.2 of the administrative code of the city
 of New York, as added by local law number 8 of the city of New York  for
 the year 2008, is amended to read as follows:
   §  28-211.1.2  Additional penalty for false statements. In addition to
 any other penalty provided by law, the commissioner may refuse to accept
 an application or other document submitted pursuant to or  in  satisfac-
 tion of a requirement of this code or of a rule of any agency promulgat-
 ed  thereunder that bears the signature of a person, OTHER THAN A PERSON
 LICENSED PURSUANT  TO  ARTICLES  ONE  HUNDRED  FORTY-FIVE,  ONE  HUNDRED
 FORTY-SEVEN  OR  ONE  HUNDRED  FORTY-EIGHT OF THE EDUCATION LAW, who has
 been found, after a hearing at the office of administrative  trials  and
 hearings pursuant to the department's rules, to have knowingly or negli-
 gently made a false statement or to have knowingly or negligently falsi-
 fied or allowed to be falsified any certificate, form, signed statement,
 application,  report  or  certification of the correction of a violation
 required under the provisions of this code or of a rule  of  any  agency
 promulgated  thereunder.    IN ADDITION TO ANY OTHER PENALTY PROVIDED BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00460-05-8

 S. 4328--A                          2
 
 LAW, THE COMMISSIONER MAY REFUSE TO ACCEPT AN APPLICATION OR OTHER DOCU-
 MENT SUBMITTED PURSUANT TO OR IN SATISFACTION OF A REQUIREMENT  OF  THIS
 CODE  OR  OF  A RULE OF ANY AGENCY PROMULGATED THEREUNDER THAT BEARS THE
 SIGNATURE  OF  A PERSON LICENSED PURSUANT TO ARTICLES ONE HUNDRED FORTY-
 FIVE, ONE HUNDRED FORTY-SEVEN OR ONE HUNDRED FORTY-EIGHT OF  THE  EDUCA-
 TION  LAW,  WHO  HAS  BEEN  FOUND,  UNDER  THE  DISCIPLINARY  PROCEDURES
 PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED TEN OF THE  EDUCATION  LAW,  TO
 HAVE  KNOWINGLY  OR NEGLIGENTLY FALSIFIED OR ALLOWED TO BE FALSIFIED ANY
 CERTIFICATE, FORM, SIGNED  STATEMENT,  APPLICATION,  REPORT  OR  CERTIF-
 ICATION  OR  THE CORRECTION OF A VIOLATION REQUIRED UNDER THE PROVISIONS
 OF THIS CODE OR OF A RULE OF ANY AGENCY PROMULGATED THEREUNDER.
   § 2. Section 28-104.6.1 of the administrative code of the city of  New
 York,  as amended by section 10 of part A of local law number 141 of the
 city of New York for the year 2013, is amended to read as follows:
   § 28-104.6.1 Verification of professional qualification required.  The
 department  shall  not  accept construction documents or other documents
 submitted in connection  with  applications  for  construction  document
 approval or work permits under this code by any person representing that
 he  or  she  is  a registered design professional or landscape architect
 without verifying, by means of lists compiled and made available by  the
 New  York  state  department  of  education pursuant to paragraph e-1 of
 subdivision four of section sixty-five hundred seven  of  the  education
 law,  that  such  person  meets the qualifications established by law to
 practice as an architect or engineer in New York  state,  AND  THAT  THE
 ADDRESS AND CONTACT INFORMATION FOR SUCH PERSON PROVIDED ON THE APPLICA-
 TION  FORM  MATCHES THE ADDRESS AND CONTACT INFORMATION ON FILE WITH THE
 NEW YORK STATE DEPARTMENT OF EDUCATION.
   § 3. Section 4 of chapter 542 of the laws of 2007, amending the admin-
 istrative code of the city of New York and the education law relating to
 filings by persons who have negligently or knowingly made  false  state-
 ments  in documents submitted to the department of buildings of the city
 of New York, is amended to read as follows:
   § 4. Nothing set forth in this act shall be  construed  to  limit  the
 power  of  the  New  York city commissioner of buildings to adopt rules,
 consistent with state and local law, that set forth  additional  grounds
 for  limitation  of  the  filing privileges [of or otherwise sanctioning
 architects and professional engineers who have been determined  after  a
 hearing  to  have knowingly or negligently submitted applications, plans
 or other documents to the New York city  department  of  buildings  that
 contained  false information or were not in compliance with all applica-
 ble provisions of law or who have otherwise demonstrated incompetence or
 a lack of knowledge of applicable law or standards] AUTHORIZED  PURSUANT
 TO  SECTION  28-104.2.1  OF  THE  ADMINISTRATIVE CODE OF THE CITY OF NEW
 YORK.
   § 4. This act shall take effect immediately.