S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6084
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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  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. THE PRACTICE
 OF ENGINEERING MAY ENCOMPASS SERVICES THAT CAN ALSO BE CONSIDERED TO  BE
 THE  PRACTICE  OF  GEOLOGY  AND A CORPORATION ORGANIZED PURSUANT TO THIS
 SUBDIVISION SHALL BE PERMITTED TO OBTAIN A CERTIFICATE OF  AUTHORITY  TO
 PRACTICE GEOLOGY SO LONG AS SUCH CORPORATION HAS ONE OFFICER OR EMPLOYEE
 IN  RESPONSIBLE CHARGE LICENSED AS A PROFESSIONAL GEOLOGIST. It shall be
 lawful for a corporation which, on account of or as a result of require-
 ments, restrictions or provisions of federal law, was  organized  subse-
 quent  to  April fifteenth, nineteen hundred thirty-five for the purpose
 of taking over an existing engineering organization established prior to
 such time and which has taken over such organization and  continued  its
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11881-01-9

 S. 6084                             2
 
 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 person or persons carrying on the
 actual  practice  of  engineering  on behalf of, or designated as "engi-
 neer", with or without qualifying or characterizing word, by such corpo-
 ration, shall be authorized to practice 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 triennial 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.