Bill Text: NY S05049 | 2023-2024 | 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 (Republican 1-0)

Status: (Introduced - Dead) 2024-01-03 - REFERRED TO CITIES 1 [S05049 Detail]

Download: New_York-2023-S05049-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5049

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 22, 2023
                                       ___________

        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities 1

        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 amended by section 2 of part A of local law number 126
     3  of the city of New York for  the  year  2021,  is  amended  to  read  as
     4  follows:
     5    §  28-211.1.2  Additional penalty for false statements. In addition to
     6  any other penalty provided by law, the commissioner may refuse to accept
     7  an application or other document submitted pursuant to or  in  satisfac-
     8  tion of a requirement of this code or of a rule of any agency promulgat-
     9  ed there under that bears the signature of a person, other than a person
    10  licensed  pursuant to article one hundred forty-five, one hundred forty-
    11  seven or one hundred forty-eight of the  education  law,  who  has  been
    12  found,  after a hearing at the office of administrative trials and hear-
    13  ings pursuant to the department's rules, to have knowingly or negligent-
    14  ly made a false statement or to have knowingly or negligently  falsified
    15  or  allowed  to  be  falsified  any certificate, form, signed statement,
    16  application, report or certification of the correction  of  a  violation
    17  required  under  the  provisions of this code or of a rule of any agency
    18  promulgated there under.  In addition to any other penalty  provided  by
    19  law, the commissioner may refuse to accept an application or other docu-
    20  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.
                                                                   LBD08723-01-3
        S. 5049                             2

     1  code or of a rule of any agency promulgated there under 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 there under.
    10    § 2. Section 28-104.6.1 of the administrative code of the city of  New
    11  York,  as  amended by section 1 of part A of local law number 126 of the
    12  city of New York for the year 2021, 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 4 of section 6507 of the New York state education law,  that
    21  such  person  meets the qualifications established by law to practice as
    22  an architect or engineer in New York state, and  that  the  address  and
    23  contact  information  for  such  person provided on the application form
    24  matches the address and contact information on file with  the  New  York
    25  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.