BILL NUMBER: S7104
SPONSOR: LANZA
 
TITLE OF BILL:
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 buildings of the
city of New York
 
PURPOSE:
To amend sections contained in Chapter 542 of the Laws of 2007, restor-
ing procedural and due process rights afforded to licensed design
professionals under the education law, while continuing to authorize the
application of additional penalties by the city of New York for licen-
sees who have been found guilty by the State Board of Regents of filing
a false document.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 2B-211.1.2 of the administrative code of the
city of New York, to require the use of procedures prescribed in section
6510 of the education law prior to the assessment of additional filing
penalties.
Section 2 amends section 28-104.6.1 of the administrative code of the
city of New York, to require the New York City Department of Buildings
to verify that an applicant's information matches records on file with
the State Education Department.
Section 3 amends section 4 of chapter 542 of the laws of 2007, to reaf-
firm the New York City Department of Buildings' authority to regulate
and enforce the Professional Certification Program.
Section 4 sets forth the effective date.
 
JUSTIFICATION:
This bill would amend certain sections of law which were created under
Chapter 542 of the Laws of 2007, to ensure that New York State licensed
architects, engineers and other licensed design professionals practicing
in New York City are not subject to a disciplinary process that differs
from the process utilized by the State Education Department.
The New York City Administrative Code Section 28-211.1.2 permits the New
York City Department of Buildings to conduct an administrative hearing
to determine whether an architect "knowingly or negligently" made a
false statement. If an architect is found by the Department of Buildings
to have "knowingly or negligently" made a false statement, the Depart-
ment of Buildings may refuse to accept any documents from the architect,
thereby restricting the architect's ability to practice in New York
City. The process, utilized by the Department of Buildings eliminates
the procedural rights that licensed professionals, including licensed
architects, have under the Education Law, which includes a review of the
allegations by a member of the licensed profession. The OATH hearing set
forth in New York City Administrative Code Section 28-211.1.2 does not
provide for peer review, and allows the Commissioner of the New York
City Department of Buildings sole discretion to determine whether an
architect should be prevented from practicing within a certain jurisdic-
tion of the State of New York (New York City), with inadequate means of
appeal.
This bill would continue to allow the Commissioner of the New York City
Department of Buildings to refuse an application from an architect or
engineer, if the State Education Department finds the licensee guilty of
filing a false document.
 
PRIOR LEGISLATIVE HISTORY:
2024:S.5049 -Referred to Cities 1
2023:S.5049 -Referred to Cities 1
2022:S.5687-Referred to Cities 1
2021:S.5687-Referred to Cities 1
2020:S.411 Referred to Cities / A.928 - Referred to Cities
2019:S.411 Referred to Cities / A.928 - Referred to Cities
2018:S.4328-A- Third Reading Calendar/ A.4363-A - Referred to Cities
2017:S.4328-Passed Senate / A.4363 -Referred to Cities
2016:5.3315-Referred to Cities / A.6747 - Referred to Cities
2014:S.5525 -Passed Senate / A.8491 - Referred to Rules
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.