Bill Text: NY S04328 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to false statements in documents submitted to the department of buildings of the city of New York.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2018-06-20 - COMMITTED TO RULES [S04328 Detail]

Download: New_York-2017-S04328-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         4328--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 9, 2017
                                       ___________
        Introduced  by Sens. LANZA, RANZENHOFER -- read twice and ordered print-
          ed, and when printed to be committed to the  Committee  on  Cities  --
          recommitted  to the Committee on Cities in accordance with Senate Rule
          6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
          amended and recommitted to said committee
        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:
     1    Section  1.  Section 28-211.1.2 of the administrative code of the city
     2  of New York, as added by local law number 8 of the city of New York  for
     3  the year 2008, is amended to read as follows:
     4    §  28-211.1.2  Additional penalty for false statements. In addition to
     5  any other penalty provided by law, the commissioner may refuse to accept
     6  an application or other document submitted pursuant to or  in  satisfac-
     7  tion of a requirement of this code or of a rule of any agency promulgat-
     8  ed  thereunder that bears the signature of a person, other than a person
     9  licensed pursuant  to  articles  one  hundred  forty-five,  one  hundred
    10  forty-seven  or  one  hundred  forty-eight of the education law, who has
    11  been found, after a hearing at the office of administrative  trials  and
    12  hearings pursuant to the department's rules, to have knowingly or negli-
    13  gently made a false statement or to have knowingly or negligently falsi-
    14  fied or allowed to be falsified any certificate, form, signed statement,
    15  application,  report  or  certification of the correction of a violation
    16  required under the provisions of this code or of a rule  of  any  agency
    17  promulgated  thereunder.    In addition to any other penalty provided by
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00460-05-8
        S. 4328--A                          2
     1  law, the commissioner may refuse to accept an application or other docu-
     2  ment submitted pursuant to or in satisfaction of a requirement  of  this
     3  code  or  of  a rule of any agency promulgated thereunder that bears the
     4  signature  of  a person licensed pursuant to articles one hundred forty-
     5  five, one hundred forty-seven or one hundred forty-eight of  the  educa-
     6  tion  law,  who  has  been  found,  under  the  disciplinary  procedures
     7  prescribed in section sixty-five hundred ten of the  education  law,  to
     8  have  knowingly  or negligently falsified or allowed to be falsified any
     9  certificate, form, signed  statement,  application,  report  or  certif-
    10  ication  or  the correction of a violation required under the provisions
    11  of this code or of a rule of any agency promulgated thereunder.
    12    § 2. Section 28-104.6.1 of the administrative code of the city of  New
    13  York,  as amended by section 10 of part A of local law number 141 of the
    14  city of New York for the year 2013, is amended to read as follows:
    15    § 28-104.6.1 Verification of professional qualification required.  The
    16  department  shall  not  accept construction documents or other documents
    17  submitted in connection  with  applications  for  construction  document
    18  approval or work permits under this code by any person representing that
    19  he  or  she  is  a registered design professional or landscape architect
    20  without verifying, by means of lists compiled and made available by  the
    21  New  York  state  department  of  education pursuant to paragraph e-1 of
    22  subdivision four of section sixty-five hundred seven  of  the  education
    23  law,  that  such  person  meets the qualifications established by law to
    24  practice as an architect or engineer in New York  state,  and  that  the
    25  address and contact information for such person provided on the applica-
    26  tion  form  matches the address and contact information on file with the
    27  New York state department of education.
    28    § 3. Section 4 of chapter 542 of the laws of 2007, amending the admin-
    29  istrative code of the city of New York and the education law relating to
    30  filings by persons who have negligently or knowingly made  false  state-
    31  ments  in documents submitted to the department of buildings of the city
    32  of New York, is amended to read as follows:
    33    § 4. Nothing set forth in this act shall be  construed  to  limit  the
    34  power  of  the  New  York city commissioner of buildings to adopt rules,
    35  consistent with state and local law, that set forth  additional  grounds
    36  for  limitation  of  the  filing privileges [of or otherwise sanctioning
    37  architects and professional engineers who have been determined  after  a
    38  hearing  to  have knowingly or negligently submitted applications, plans
    39  or other documents to the New York city  department  of  buildings  that
    40  contained  false information or were not in compliance with all applica-
    41  ble provisions of law or who have otherwise demonstrated incompetence or
    42  a lack of knowledge of applicable law or standards] authorized  pursuant
    43  to  section  28-104.2.1  of  the  administrative code of the city of New
    44  York.
    45    § 4. This act shall take effect immediately.