Bill S5525-2013

Repeals provisions relating to false statements in documents submitted to the department of buildings of the city of New York

Repeals provisions relating to false statements in documents submitted to the department of buildings of the city of New York.

Details

Actions

  • Jan 8, 2014: REFERRED TO CITIES
  • Jun 21, 2013: COMMITTED TO RULES
  • Jun 4, 2013: ADVANCED TO THIRD READING
  • Jun 3, 2013: 2ND REPORT CAL.
  • May 30, 2013: 1ST REPORT CAL.928
  • May 16, 2013: REFERRED TO CITIES

Votes

VOTE: COMMITTEE VOTE: - Cities - May 30, 2013
Ayes (4): Lanza, Ball, DeFrancisco, Grisanti
Nays (2): Avella, Breslin

Memo

BILL NUMBER:S5525

TITLE OF BILL: An act to repeal sections 28-104.6.1 and 28-211.1.2 of the administrative code of the city of New York, paragraph e-1 of subdivision 4 of section 6507 of the education law and section 4 of 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, relating to the department of buildings of the city of New York

PURPOSE: To repeal Chapter 542 of the Laws of 2007.

SUMMARY OF SPECIFIC PROVISIONS: This legislation repeals Chapter 542 of the Laws of 2007.

JUSTIFICATION: This bill would repeal certain sections of law to ensure that New York State licensed architects practicing in New York City are not subject to a disciplinary process that differs from the process utilized by the State Education Department for all licensed architects in the state (including those practicing in New York City).

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 Department 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 include 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 jurisdiction of the State of New York (New York City), with inadequate means of appeal.

PRIOR LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5525 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to repeal sections 28-104.6.1 and 28-211.1.2 of the administra- tive code of the city of New York, paragraph e-1 of subdivision 4 of section 6507 of the education law and section 4 of 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 negli- gently or knowingly made false statements in documents submitted to the department of buildings of the city of New York, relating to the department of buildings 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 is REPEALED. S 2. Paragraph e-1 of subdivision 4 of section 6507 of the education law is REPEALED. S 3. Section 28-104.6.1 of the administrative code of the city of New is REPEALED. S 4. 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 REPEALED. S 5. This act shall take effect immediately.

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