S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5049
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2023
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 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 amended by section 2 of part A of local law number 126
 of the city of New York for  the  year  2021,  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 there under that bears the signature of a person, OTHER THAN A PERSON
 LICENSED  PURSUANT TO ARTICLE 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 hear-
 ings pursuant to the department's rules, to have knowingly or negligent-
 ly made a false statement or to have knowingly or negligently  falsified
 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 there under.  IN ADDITION TO ANY OTHER PENALTY  PROVIDED  BY
 LAW, THE COMMISSIONER MAY REFUSE TO ACCEPT AN APPLICATION OR OTHER DOCU-
 MENT  SUBMITTED  PURSUANT TO OR IN SATISFACTION OF A REQUIREMENT OF THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08723-01-3
              

 S. 5049                             2
 
 CODE OR OF A RULE OF ANY AGENCY PROMULGATED THERE UNDER THAT  BEARS  THE
 SIGNATURE  OF  A  PERSON LICENSED PURSUANT TO ARTICLE 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 THERE UNDER.
   § 2. Section 28-104.6.1 of the administrative code of the city of  New
 York,  as  amended by section 1 of part A of local law number 126 of the
 city of New York for the year 2021, 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 4 of section 6507 of the New York state 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 APPLICATION 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.