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- Referred to higher education
- Referred to higher education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides that a contract made by a person unlicensed to practice certain professions shall be against public policy
In Assembly Committee · Higher Education · Sponsor Ronald Canestrari
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to the independence of design professionals in certain contractual relationships
Purpose or general idea of bill
This bill would ensure the public's safety and the professional independence of architects, engineers and landscape architects.
Summary of specific provisions
A new subdivision 10 is added to section 7209 of the education law, making contracts for design and construction by an unlicensed person or entity void and unenforceable unless a licensed engineer is identified in the contract, and such licensee's practice is independent of the contracting party's business.
A new subdivision 6 is added to section 7307 of the education law to make the same provisions with respect to licensed architects. A new subdivision 5 is added to section 7372 of the education law to make the same provisions with respect to licensed landscape architects.
Justification
The State of New York requires those individuals providing professional services, such as architecture and engineering, to be licensed by and registered with the State Education Department under Title VIII of the education law. One of the most important aspects of professional licensure is the ability of a licensee to exercise his/her professional judgment, independent of influence or direction from unlicensed parties.
When an unlicensed person or entity assumes the responsibility for design and construction of a building, or procures the services of a licensed architect or engineer to provide design services, it is essential that the licensed professional practice independently of the unlicensed party for the sake of public protection. To that end, State law should require the licensed professional to· be. designated in such a contract. In addition, to ensure that the licensed professional is able to freely exercise his/her professional discretion, the designated architect or engineer must not be an officer or employee of the unlicensed person or entity. The requirements of this bill are also in the best interest of a building owner, who relies upon the professional judgment of an architect or engineer.
This legislation is in line with current public policy prohibiting the corporate practice of a profession, as well as prohibiting unlicensed practice, by making certain that the exercise of a licensed architect's, landscape architect's, or engineer's professional judgment is.Free from direction or influence by any unlicensed person or entity that enters into a contract for design and construction. It is, therefore, essential to the public's welfare and in keeping with current state policy to enact these provisions into law.
Prior legislative history
2007-2008: A.2178/S.2178 Referred to Higher Education 2005-2006: A.270/S.4785 Referred to Higher Education 2003-2004: A.1040/S.4745 Referred to Higher Education 2002: A.7030-A/S.4019-A Referred to Higher Education
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.