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BILL NUMBER:S4603

TITLE OF BILL: An act to amend the education law, in relation to the practice of land surveying

PURPOSE: This bill would update the licensing requirements for land surveyors and revise the definition of the practice of land surveying.

SUMMARY OF PROVISIONS: Section 1 of the bill amends Education Law Section 7203 to define the practice of land surveying as practicing that branch of the engineering profession and applied mathematics with includes the application of rules and regulations in accordance with local requirements incidental to subdivisions for the correct determination, description, conveying and recording thereof or for the establishment or reestablishment thereof, providing or offering to provide professional services utilizing such sciences as mathematics, geodesy and photogrammetry, defined as the science or art of obtaining reliable measurements through the use of aerial photography and/or other active or passive sensor-based remote sensing technologies, involving both(l) the making of geometric measurements and gathering related information pertaining to the physical or legal features of the earth, improvements on the earth, the space above, on or below the earth and (2) providing, utilizing or developing the same into survey products such as graphics, data, maps, plans, reports, specifications, descriptions and projects including those in furtherance of the safeguarding of life, health, safety, welfare and property of the public.

Professional services would include acts of consultation, investigation, evaluation, providing expert technical testimony, planning, mapping, assembling, estimating, designing, supervision and interpreting gathered measurements and information.

Section 2 of the bill amends Education Law Section 72060-a(2) to include an Associate's degree along with eight years of practical experience in work satisfactory to the board as an alternative for obtaining a license in lieu of the degree and experience requirements.

Section 3 of the bill amends Education Law Section 7208 to add new subdivisions (q) and Subdivision (q) defines the practice of photogrammetry as the science or art of obtaining reliable measurements through the use of aerial photography and/or other active or passive sensor-based remote sensing technologies, except that any geodetic survey to establish control points necessary to derive accurate measurements from the imagery must be made by a licensed land surveyor. Any determination of topography or contours, or depiction of physical improvements, utilizing photogrammetric methods or other remote sensing technology by persons not licensed as a land surveyor pursuant to this article, shall not establish any boundary monumentation or boundary metes and bounds, not provide any measurement showing the relationship of any physical improvements to any property line or boundary and all such products reliant thereon

 must include a notification that states, "This was not prepared under the direct supervision of a licensed land surveyor and shall not be relied upon to establish boundary monuments or boundary metes and bound," Subdivision 9r) exempts certain activities from the profession of surveying and the creation of general maps for GIS purposes.

JUSTIFICATION: The practice of land surveying has evolved from the 1st statutory change in 1971 (Chapter 987). With the advent and use of new technologies such as Global Positioning Systems (GPS) that aid in the measurement, mapping and establishing of boundary lines, and other measurements of the earth's surface that are generally accepted as coming under the definition of the practice of land surveying, and, the availability and use of these same technological developments by members of the general public, it is essential that the statutory definition of land surveying reflect more clearly the practice of land surveying to be able to continue to protect the health and welfare of the public. The current definition remains outdated in light of the advancements in new technology including the development of Global Positioning Systems (GPS), and the use of Geographic Information Systems (GIS). This legislation will more accurately classify the services traditionally provided by licensed professional land surveyors and reflect the changing nature of the profession that has resulted from these advances in technology. Additionally, the proposed enhanced definition preserves the surveyor's current exclusive authority to provide boundary line determinations but it also delineates other services the surveyor can perform that are not exclusive to its profession such as providing expert testimony, land planning, land use, environmental studies, mapping, assembling, estimation, designing supervision and interpreting gathered measurements and information. This clarification is needed to provide a more uniform interpretation of the surveyor's definition and provide a clear understanding of what services the surveyor can perform.

The proposed enhanced definition for land surveying reflects the recommended definition developed by the National Conference of Examiners for Engineering and Surveying (NCEES) and will provide the profession and the public a more clear and concise definition of the profession.

LEGISLATIVE HISTORY: New legislation.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect on the first day of September next succeeding the date on which it shall become law.

Text

STATE OF NEW YORK
________________________________________________________________________

S. 4603                                                  A. 7110

2011-2012 Regular Sessions

S E N A T E - A S S E M B L Y

April 13, 2011
___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Higher Educa-
  tion

IN ASSEMBLY -- Introduced by M. of A. GLICK -- read once and referred to
  the Committee on Higher Education

AN  ACT  to amend the education law, in relation to the practice of land
  surveying

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 7203 of the education law, as added by chapter 987
of the laws of 1971, is amended to read as follows:
  S 7203. Definition of practice of land surveying.  1. The practice  of
the profession of land surveying is defined as practicing that branch of
the  engineering  profession and applied mathematics which includes [the
measuring and plotting of the dimensions and areas of any portion of the
earth, including all naturally placed and man-  or  machine-made  struc-
tures and objects thereon, the lengths and directions of boundary lines,
the contour of the surface and] the application of rules and regulations
in accordance with local requirements incidental to subdivisions for the
correct  determination,  description, conveying and recording thereof or
for the establishment or reestablishment thereof, PROVIDING OR  OFFERING
TO PROVIDE PROFESSIONAL SERVICES UTILIZING SUCH SCIENCES AS MATHEMATICS,
GEODESY,  AND PHOTOGRAMMETRY, DEFINED AS THE SCIENCE OR ART OF OBTAINING
RELIABLE MEASUREMENTS THROUGH THE USE OF AERIAL PHOTOGRAPHY AND/OR OTHER
ACTIVE OR PASSIVE SENSOR-BASED REMOTE  SENSING  TECHNOLOGIES,  INVOLVING
BOTH  A.  THE  MAKING  OF  GEOMETRIC  MEASUREMENTS AND GATHERING RELATED
INFORMATION PERTAINING TO THE PHYSICAL OR LEGAL FEATURES ON  THE  EARTH,
IMPROVEMENTS ON THE EARTH, THE SPACE ABOVE, ON OR BELOW THE EARTH AND B.
PROVIDING, UTILIZING OR DEVELOPING THE SAME INTO SURVEY PRODUCTS SUCH AS
GRAPHICS,  DATA, MAPS, PLANS, REPORTS, SPECIFICATIONS, DESCRIPTIONS, AND
PROJECTS, INCLUDING THOSE IN FURTHERANCE OF THE  SAFEGUARDING  OF  LIFE,
HEALTH, SAFETY, WELFARE AND PROPERTY OF THE PUBLIC.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09300-01-1
S. 4603                             2                            A. 7110

  2.  PROFESSIONAL  SERVICES  INCLUDE,  BUT  ARE NOT LIMITED TO, ACTS OF
CONSULTATION, INVESTIGATION,  EVALUATION,  PROVIDING  EXPERT  TESTIMONY,
PLANNING,  MAPPING,  ASSEMBLING,  ESTIMATING, DEIGNING, SUPERVISION, AND
INTERPRETING GATHERED MEASUREMENTS AND INFORMATION RELATED TO ANY ONE OR
MORE OF THE FOLLOWING:
  A.  DETERMINING,  BY MEASUREMENT, THE ACTUAL OR PROPOSED CONFIGURATION
OR CONTOUR OF THE EARTH'S SURFACE OR THE POSITION OF FIXED OBJECTS THER-
EON.
  B. DETERMINING, BY PERFORMING GEODETIC SURVEYS, THE SIZE AND SHAPE  OF
THE  EARTH OR THE POSITION OF ANY POINT RELATED TO THE EARTH. A GEODETIC
SURVEY BEING DEFINED AS THE SCIENCE OF  MEASURING  THE  EARTH  OR  LARGE
PORTIONS  OF  ITS  SURFACE;  THE DETERMINATION OF THE EARTH'S FIGURE AND
SIZE.
  C. LOCATING, RELOCATING, ESTABLISHING,  REESTABLISHING,  OR  RETRACING
PROPERTY LINES OR BOUNDARIES OF ANY TRACT OR TRACTS OF LAND, ROAD, RIGHT
OF WAY, OR EASEMENT.
  D.  MAKING  ANY  SURVEY  FOR A SINGLE LOT OR PLOT OR FOR THE DIVISION,
SUBDIVISION OR CONSULTATION OF ANY TRACT OR TRACTS OF LAND.
  E. LOCATING OR LAYING OUT ALIGNMENTS, POSITIONS OR ELEVATIONS FOR  THE
CONSTRUCTION OF FIXED WORKS.
  F.  DETERMINING,  BY  THE USE OF PRINCIPLES OF SURVEYING, THE POSITION
FOR ANY SURVEY MONUMENT (BOUNDARY OR NON-BOUNDARY) OR  REFERENCE  POINT;
ESTABLISHING OR REPLACING ANY SUCH MONUMENT OR REFERENCE POINT.
  G.  CREATING, PREPARING OR MODIFYING ELECTRONIC, COMPUTERIZED OR OTHER
DATA, RELATIVE TO  THE  PERFORMANCE  OF  THE  ACTIVITIES  IN  THE  ABOVE
DESCRIBED PARAGRAPHS A THROUGH F OF THIS SUBDIVISION.
  3.  NOTHING  IN THIS ARTICLE SHALL REMOVE ANY PREVIOUSLY GRANTED LEGAL
OR REGULATORY RIGHTS OR BE CONSTRUED  AS  PROHIBITING  A  LICENSED  LAND
SURVEYOR  FROM  PROVIDING  SERVICES  FOR  LAND  PLANNING, LAND USE, LAND
DEVELOPMENT AND/OR ENVIRONMENTAL STUDIES RELATED THERETO AND THE RECORD-
ING OR FILING OF DOCUMENTS WITH GOVERNMENTAL BODIES OR AGENCIES.
  S 2. Subdivision 2 of section 7206-a of the education law, as  amended
by chapter 32 of the laws of 1981, is amended to read as follows:
  2.  In  lieu  of  the  degree and experience requirements specified in
[subparagraphs (2)] PARAGRAPHS TWO and [(3)] THREE of subdivision one of
this section, AN ASSOCIATES DEGREE AND eight years of practical  experi-
ence  in  work  satisfactory to the board may be accepted, provided that
each full year of college study in engineering or land surveying  satis-
factory to the department may at the discretion of the board be accepted
in lieu of one year of the required eight years of experience.
  S  3.  Section  7208 of the education law is amended by adding two new
subdivisions q and r to read as follows:
  Q. THE MAKING OF MEASUREMENTS UTILIZING THE SCIENCE OF PHOTOGRAMMETRY,
DEFINED AS THE SCIENCE OR ART OF OBTAINING RELIABLE MEASUREMENTS THROUGH
THE  USE  OF  AERIAL  PHOTOGRAPHY  AND/OR  OTHER   ACTIVE   OR   PASSIVE
SENSOR-BASED  REMOTE  SENSING  TECHNOLOGIES,  EXCEPT  THAT  ANY GEODETIC
SURVEY TO ESTABLISH CONTROL POINTS NECESSARY TO DERIVE ACCURATE MEASURE-
MENTS FROM THE IMAGERY MUST BE MADE BY A  LICENSED  LAND  SURVEYOR.  ANY
DETERMINATION  OF  TOPOGRAPHY  OR  CONTOURS,  OR  DEPICTION  OF PHYSICAL
IMPROVEMENTS, UTILIZING PHOTOGRAMMETRIC METHODS OR OTHER REMOTE  SENSING
TECHNOLOGY  BY  PERSONS NOT LICENSED AS A LAND SURVEYOR PURSUANT TO THIS
ARTICLE, SHALL NOT ESTABLISH  ANY  BOUNDARY  MONUMENTATION  OR  BOUNDARY
METES  AND  BOUNDS, NOR PROVIDE ANY MEASUREMENT SHOWING THE RELATIONSHIP
OF ANY PHYSICAL IMPROVEMENTS TO ANY PROPERTY LINE OR  BOUNDARY  AND  ALL
SUCH  PRODUCTS  RELIANT THEREON MUST INCLUDE A NOTIFICATION THAT STATES,
"THIS WAS NOT PREPARED UNDER THE DIRECT SUPERVISION OF A  LICENSED  LAND
S. 4603                             3                            A. 7110

SURVEYOR AND SHALL NOT BE RELIED UPON TO ESTABLISH BOUNDARY MONUMENTS OR
BOUNDARY METES AND BOUNDS."
  R.  THE FOLLOWING ITEMS ARE NOT TO BE INCLUDED AS EXCLUSIVE ACTIVITIES
WITHIN THE DEFINITION OF SURVEYING:
  1. THE CREATION OF GENERAL MAPS:
  (A) PREPARED BY PRIVATE FIRMS OR GOVERNMENT AGENCIES FOR USE AS GUIDES
TO MOTORISTS, BOATERS, AVIATORS OR PEDESTRIANS;
  (B) PREPARED FOR PUBLICATION IN A GAZETTEER OR ATLAS AS AN EDUCATIONAL
TOOL OR REFERENCE PUBLICATION;
  (C) PREPARED FOR OR BY EDUCATION INSTITUTIONS FOR USE IN  THE  CURRIC-
ULUM OF ANY COURSE OR STUDY;
  (D)  PRODUCED  BY AN ELECTRONIC OR PRINT MEDIA FIRM AS AN ILLUSTRATIVE
GUIDE TO THE GEOGRAPHIC LOCATION OF ANY EVENT; OR
  (E)  PREPARED  BY  LAY  PERSONS  FOR  CONVERSATIONAL  OR  ILLUSTRATIVE
PURPOSES.  THIS INCLUDES ADVERTISING MATERIAL AND USERS GUIDES.
  2.  THE  TRANSCRIPTION OF PREVIOUSLY GEO-REFERENCED DATA INTO A GIS OR
LIS BY MANUAL OR ELECTRONIC MEANS, AND THE MAINTENANCE THEREOF, PROVIDED
THE DATA ARE CLEARLY NOT INTENDED TO INDICATE THE AUTHORITATIVE LOCATION
OF PROPERTY BOUNDARIES, THE PRECISE DEFINITION OF THE SHAPE  OR  CONTOUR
OF THE EARTH, AND/OR THE PRECISE LOCATION OF FIXED WORKS OF HUMANS.
  3.  THE  TRANSCRIPTION  OF  PUBLIC  RECORD  DATA, WITHOUT MODIFICATION
EXCEPT FOR GRAPHICAL PURPOSES, INTO A GIS  OR  LIS-BASED  CADASTRE  (TAX
MAPS  AND  ASSOCIATED  RECORDS)  BY  MANUAL OR ELECTRONIC MEANS, AND THE
MAINTENANCE OF THAT CADASTRE, PROVIDED THE DATA ARE CLEARLY NOT INTENDED
TO AUTHORITATIVELY REPRESENT PROPERTY BOUNDARIES. THIS INCLUDES TAX MAPS
AND ZONING MAPS.
  4. THE PREPARATION OF ANY DOCUMENT BY ANY  FEDERAL  GOVERNMENT  AGENCY
THAT  DOES  NOT  DEFINE REAL PROPERTY BOUNDARIES. THIS INCLUDES CIVILIAN
AND MILITARY VERSIONS OF QUADRANGLE  TOPOGRAPHIC  MAPS,  MILITARY  MAPS,
SATELLITE IMAGERY, AND OTHER SUCH DOCUMENTS.
  5.  THE INCORPORATION OR USE OF DOCUMENTS OR DATABASES PREPARED BY ANY
FEDERAL AGENCY INTO A GIS/LIS, INCLUDING BUT  NOT  LIMITED  TO,  FEDERAL
CENSUS  AND  DEMOGRAPHIC  DATA, QUADRANGLE TOPOGRAPHIC MAPS AND MILITARY
MAPS.
  6. INVENTORY MAPS AND DATABASES CREATED BY ANY ORGANIZATION, IN EITHER
HARDCOPY OR ELECTRONIC FORM, OF PHYSICAL FEATURES, FACILITIES OR INFRAS-
TRUCTURE THAT ARE WHOLLY CONTAINED WITHIN PROPERTIES TO WHICH THEY  HAVE
RIGHTS  OR  FOR  WHICH THEY HAVE MANAGEMENT RESPONSIBILITY. THE DISTRIB-
UTION OF THESE MAPS  AND/OR  DATABASES  OUTSIDE  THE  ORGANIZATION  MUST
CONTAIN  APPROPRIATE  METADATA  DESCRIBING,  AT A MINIMUM, THE ACCURACY,
METHOD OF COMPILATION, DATA SOURCE OR SOURCES AND  DATE  OR  DATES,  AND
DISCLAIMERS  OF USE CLEARLY INDICATING THAT THE DATA ARE NOT INTENDED TO
BE USED AS A SURVEY PRODUCT.
  7. MAPS AND DATABASES DEPICTING THE DISTRIBUTION OF NATURAL  RESOURCES
OR PHENOMENA PREPARED BY FORESTERS, GEOLOGISTS, SOIL SCIENTISTS, GEOPHY-
SICISTS,  BIOLOGISTS, ARCHEOLOGISTS, HISTORIANS, OR OTHER PERSONS QUALI-
FIED TO DOCUMENT SUCH DATA.
  8. MAPS AND GEO-REFERENCED DATABASES DEPICTING PHYSICAL  FEATURES  AND
EVENTS  PREPARED  BY ANY GOVERNMENT AGENCY WHERE THE ACCESS TO THAT DATA
IS RESTRICTED BY STATUTE. THIS INCLUDES GEO-REFERENCED DATA GENERATED BY
LAW ENFORCEMENT AGENCIES INVOLVING CRIME STATISTICS AND CRIMINAL  ACTIV-
ITIES.
  S  4.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it  shall  have  become  a  law;  provided,
however,  that  section  two  of  this  act shall take effect on the one
hundred eightieth day after this act shall have become a law.