Bill Text: NY A06785 | 2021-2022 | General Assembly | Introduced

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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 (Democrat 10-0)

Status: (Introduced - Dead) 2022-01-05 - referred to cities [A06785 Detail]

Download: New_York-2021-A06785-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6785

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      April 8, 2021
                                       ___________

        Introduced  by  M.  of  A.  CUSICK,  COLTON,  CARROLL,  HEVESI, HYNDMAN,
          SEAWRIGHT, TAYLOR -- Multi-Sponsored by -- M. of A. FAHY, SIMON, WOER-
          NER -- read once and referred to the Committee on Cities

        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 article one hundred forty-five, one hundred forty-
    10  seven or one hundred forty-eight of the  education  law,  who  has  been
    11  found,  after a hearing at the office of administrative trials and hear-
    12  ings pursuant to the department's rules, to have knowingly or negligent-
    13  ly made a false statement or to have knowingly or negligently  falsified
    14  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
    18  law, the commissioner may refuse to accept an application or other docu-
    19  ment  submitted  pursuant to or in satisfaction of a requirement of this

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01094-01-1
        A. 6785                             2

     1  code or of a rule of any agency promulgated thereunder  that  bears  the
     2  signature  of  a  person licensed pursuant to article one hundred forty-
     3  five, one hundred forty-seven or one hundred forty-eight of  the  educa-
     4  tion  law,  who  has  been  found,  under  the  disciplinary  procedures
     5  prescribed in section sixty-five hundred ten of the  education  law,  to
     6  have  knowingly  or negligently falsified or allowed to be falsified any
     7  certificate, form, signed  statement,  application,  report  or  certif-
     8  ication  or  the correction of a violation required under the provisions
     9  of this code or of a rule of any agency promulgated thereunder.
    10    § 2. Section 28-104.6.1 of the administrative code of the city of  New
    11  York,  as amended by section 10 of part A of local law number 141 of the
    12  city of New York for the year 2013, is amended to read as follows:
    13    § 28-104.6.1 Verification of professional qualification required.  The
    14  department  shall  not  accept construction documents or other documents
    15  submitted in connection  with  applications  for  construction  document
    16  approval or work permits under this code by any person representing that
    17  he  or  she  is  a registered design professional or landscape architect
    18  without verifying, by means of lists compiled and made available by  the
    19  New  York  state  department  of  education pursuant to paragraph e-1 of
    20  subdivision four of section sixty-five hundred seven  of  the  education
    21  law,  that  such  person  meets the qualifications established by law to
    22  practice as an architect or engineer in New York  state,  and  that  the
    23  address and contact information for such person provided on the applica-
    24  tion  form  matches the address and contact information on file with the
    25  New York state department of education.
    26    § 3. Section 4 of chapter 542 of the laws of 2007, amending the admin-
    27  istrative code of the city of New York and the education law relating to
    28  filings by persons who have negligently or knowingly made  false  state-
    29  ments  in documents submitted to the department of buildings of the city
    30  of New York, is amended to read as follows:
    31    § 4. Nothing set forth in this act shall be  construed  to  limit  the
    32  power  of  the  New  York city commissioner of buildings to adopt rules,
    33  consistent with state and local law, that set forth  additional  grounds
    34  for  limitation  of  the  filing privileges [of or otherwise sanctioning
    35  architects and professional engineers who have been determined  after  a
    36  hearing  to  have knowingly or negligently submitted applications, plans
    37  or other documents to the New York city  department  of  buildings  that
    38  contained  false information or were not in compliance with all applica-
    39  ble provisions of law or who have otherwise demonstrated incompetence or
    40  a lack of knowledge of applicable law or standards] authorized  pursuant
    41  to  section  28-104.2.1  of  the  administrative code of the city of New
    42  York.
    43    § 4. This act shall take effect immediately.