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NYSAPLS has made advocacy and government relations one of its highest priorities. We believe there is a great need to increase the visibility of the land surveying community in the public policy process.

Through the combined efforts of the NYSAPLS lobbyist and its active Legislative/Executive Committee, your voice is well represented on all levels of state government.  Our legislative agenda includes issues such as expanded scope of practice and redefining the definition of surveying in New York.

Legislative bills monitored by the National Society and Professional Surveyors:

Click here for the April 2013 report


Recent Laws passed through the efforts of NYSAPLS advocacy efforts

Monument Destruction law

Right of Entry law


NYS legislative bills monitored by NYSAPLS

Click here to view a draft of the 2011 LS Definition legislation

A4807 (Sweeney sponsor) // S6145 (Schneiderman sponsor) - Requires restoration of areas adjacent to wetlands by those persons who, following procedures set forth in law, have been directed to cease violation and to restore the affected wetlands.  2010 Legislative action - Passed Assembly, referred to Senate Codes Committee.  NYSAPLS position - monitor.

A494 (Hoyt sponsor) // S4814 (Stewart, Cousins sponsors) - Requires the office for technology to develop a geographic information system to help municipalities calculate future development potential under existing zoning, planning and other land use laws.  2010 Legislative action - Referred to Assembly Ways and Means Committee.  1/16/10 it was referred to Senate Energy and Telecommunications committee.  NYSAPLS position - monitor

A1976A (Lifton sponsor) // S5642 (Thompson sponsor) - Authorizes the electronic filing of freshwater wetlands regulatory maps.  (Old bill - A2691 of 2008).  2010 Legislative action - Awaiting Governor's signature into law - chapter 1, effective date 4/22/10.  NYSAPLS position - monitor.

S3226 (LaValle sponsor)// A6787 (Canestrari sponsor) - Permits the incorporation of design professional service corporations (engineering, architecture, landscape architecture, land surveying or any combination thereof) in which non-professionals may own a non-majority (less than 25%) of shares and hold less than 25% of director and officer positions; requires disclosures of identities and status of shareholders, officers and directors.  2010 Legislative action - awaiting action by Assembly and Senate committees.  NYSAPLS position - monitor.

S5815 (Breslin sponsor)// A9388 (Kavanagh sponsor) - Provides for the licensing of agents of title insurance companies; establishes 2-year terms; provides that superintendent may refuse to renew, revoke or suspend any license issued and may collect up to $500 for each violation of offense not exceeding $2,500 in the aggregate.  2010 Legislative action - awaiting action by the Senate Insurance committee.  NYSAPLS position - monitor.

S2784 (Thompson sponsor)// A4774A (Englebright sponsor) - Establishes the profession of geology, provides for professional licensing for geologists, regulates the practice of such profession; authorizes geologists to engage in professional business enterprises with engineers, land surveyors, architects and landscape architects.  2010 Legislative action - awaiting action by committees.  NYSAPLS position - monitor.

S848 (Marcellino sponsor)// A6363 (Sweeney sponsor) - Relates to the definition of freshwater wetlands; repeals section relating to the applicability of the freshwater wetlands article; provides authority of DEC over wetlands which are one acre or more; amends permitting requirements for subdivision of land.  2010 Legislative action - Passed Assembly - referred to Senate Environmental Conservation Committee.  NYSAPLS position - monitor.

S3531 (Dilan sponsor)//  A7056 (Benedetto sponsor) - Requires public authorities and public benefit corporations to negotiate with professional firms providing architectural or engineering services in order from the most qualified to the least qualified with regard to the provision of services to the authority or corporation.  2010 Legislative action - awaiting action by Corporations, Authorities and Commissions committees.  NYSAPLS position - monitor.

S3720 (Stachowski)// A1269 (Englebright sponsor) - Enacts the "engineers', architects', landscape architects', and land surveyors' good samaritan act" to protect from liability for personal injury, wrongful death, property damage or other loss professional engineers, architects, landscape architects and land surveyors who render voluntary services, without compensation, at the scene of a natural disaster or catastrophe.  2010 Legislative action - awaiting action.  NYSAPLS position - Support.

S4277 (Aubertine sponsor)// A8033 (Koon sponsor) - Relates to the definition of all terrain vehicle or "ATV"; increases the dry weight of such vehicle from 1000 pounds to 1500 pounds.  2010 Legislative action - Senate Calendar, awaiting Assembly action.  NYSAPLS position - monitor.

S6161 (Klein sponsor)// A9418 (Colton sponsor) - Authorizes the denial of the renewal of a license, permit, certificate, registration or admission to practice a profession, business or trade where a taxpayer has outstanding tax debt which the taxpayer has failed to enter into a settlement agreement for the payment thereof; requires each taxpayer renewing a license to practice a profession, business or trade to provide the licensing agency with a certificate of tax compliance issued by the department of taxation and finance.  2010 Legislative action - awaiting action.  NYSAPLS position - monitor.

S6288 (Adams sponsor)// A9441 (Brodsky sponsor) - Directs state insurance fund to offer title insurance and authorizes superintendent of insurance to implement such.  2010 Legislative action - awaiting action by Assembly and Senate Labor committees.  NYSAPLS position - monitor.

S6290 (Adams sponsor)// A9445A (Brodsky sponsor) - Creates the New York title guaranty authority to initiate and operate a program which shall offer guarantees of real property titles in this state.  2010 Legislative action - awaiting action by Assembly and Senate Corporations, Authorities and Commissions committees.  NYSAPLS position - monitor.

S6289 (Adams sponsor)// A9452 (Brodsky sponsor) - Authorizes superintendent of insurance to conduct a study and make recommendations on title insurance premium rates in New York state.2010 Legislative action - awaiting action by Assembly and Senate insurance committees.  NYSAPLS position - monitor 

S5642 (Thompson sponsor)//  A1976A (Lifton sponsor) - Authorizes the electronic filing of freshwater wetlands regulatory maps.  2010 Legislative action - Passed Senate, passed Assembly, delivered to Governor 2/22/10.  NYSAPLS position - monitor.  CLICK HERE to view a complete description of the bill.

Assembly (one- house bill)

A9352 (Gabryszak sponsor) - Requires financial institutions to notify a customer prior to charging a fee based on account inactivity.  2010 Legislative action - awaiting action by Assembly Banks committees.  NYSAPLS position - monitor.

A3513 (Gianaris sponsor) - Relates to the right of professional surveyors to place liens on real property for performance of surveying services in the state of New York.  2009 Legislative action - awaiting action by Assembly Judiciary committee.  NYSAPLS position - Supports.

A674 (Cahill sponsor) - Requires landowner and licensed surveyor to notify adjacent property owners of survey and discrepancies between maps of a subdivided parcel before the sale and for the coordination of tax maps with surveyor maps; authorizes penalties for failure to notify.  2009 Legislative action - awaiting action by Assembly Real Property Taxation committee.  NYSAPLS position - Opposed.

A4249 (Brodsky sponsor) - Provides protection for old growth forests on state owned land, prohibiting damaging, cutting, or removing; limits forestry activities in state parks.  2009 Legislative action - awaiting action by Assembly Environmental Conservation committee.  NYSAPLS position - monitor.

A4356 (Morelle sponsor) - Relates to the enforcement of the operation of all terrain vehicles and the registration of such vehicles.  2009 Legislative action - awaiting action by Assembly Tourism, Arts and Sports Development committee.  NYSAPLS position - monitor.

A1946 (Morelle sponsor) - Relates to the enforcement of provisions regulating all terrain vehicles; provides that a set of permanent registration number plates shall be placed on an all terrain vehicle; provides fines and penalties for violations.  2009 Legislative action - awaiting action by Assembly Transportation committee.  NYSAPLS position - monitor.

A1953 (Morelle sponsor) - Relates to the registration of ATVs; provides for all such registrations to be valid until the 31st day of August following the date of such registration; makes an exception for registrations issued between the first day of April and the 31st day of August.  2009 Legislative action - awaiting action by Assembly Transportation committee.  NYSAPLS position - monitor.

A4357 (Morelle sponsor) - Requires that no snowmobile policies be implemented or trail length be altered until the completion of a survey of the existing snowmobile trails.  2009 Legislative action - awaiting action by Assembly Tourism, Arts and Sports Development committee.  NYSAPLS position - monitor.

A4426 (Canestrari sponsor) - Provides for an additional ten dollar licensing fee to be charged for the registration of any application for a professional license and establishes the unlawful practice oversight account to fund investigation and prosecution of unlawful practices.  2009 Legislative Action - awaiting action by Assembly Higher Education committee.  NYSAPLS position - Support.

A2679 (Pretlow sponsor) - Authorizes state and municipal agencies to regulate the use of geographic information systems materials after the disclosure thereof under freedom of information law.  2009 Legislative action - awaiting action by Assembly Governmental Operations committee.  NYSAPLS position - monitor.

A5136 (Lopez sponsor) - Authorizes the board of regents to waive citizenship or immigration status requirements for a professional license in the professions.  2009 Legislative action - awaiting action by Assembly Higher Education committee.  NYSAPLS position - monitor.

A5750 (Lopez sponsor) - Mandates suspension and revocation of certain professional licenses, including teaching certificates and attorney licenses, upon conviction of any offense involving a controlled substance other than marijuana, and for any felony conviction involving marijuana, for a period of at least six months.  2009 Legislative action - awaiting action by Assembly Higher Education committee.  NYSAPLS position - monitor.

A6086 (Bradley sponsor) - Provides for the licensing of agents of title insurance companies; establishes 2-year terms; provides that superintendent may refuse to renew, revoke or suspend any license issued and may collect up to $500 for each violation or offense not exceeding $25,000 in the aggregate.  2009 Legislative action - awaiting action by Assembly Insurance committee.  NYSAPLS position - monitor.

A6031 (Koon sponsor) - Exempts certain persons involved in the design and construction of small on-site wastewater treatment system from licensure as a professional engineer or licensed land surveyor if they have received certification from the department of health.  2009 Legislative action - awaiting action by Assembly Higher Education committee.  NYSAPLS position - monitor.

A6697 (Miller sponsor) - Establishes a prohibition on lawsuits against architects, engineers or construction professionals brought more than 10 years after completion of the allegedly defective structure designed or supervised by the architect, engineer or construction professional that is the subject of the lawsuit.  2009 Legislative action - awaiting action by Assembly Judiciary committee.  NYSAPLS position - monitor.

A6737 (Carrozza sponsor) - Provides for suspension of a professional license issued under the education law where a licensee is in arrears in payment of child or combined child/spousal support.  2009 Legislative action - awaiting action by Assembly Higher Education committee.  NYSAPLS position - monitor.

A4774C (Englebright sponsor) - Establishes the profession of geology; provides for professional licensing for geologists.  2009 Legislative action - awaiting action by Assembly Higher Education committee.  NYSAPLS position - monitor.

A8921 (Ball sponsor) - Provides for a limitation of non-economic damages in certain person injury cases and other civil actions.  2010 Legislative action - awaiting action by Assembly Codes committee.  No similar bill in Senate.  NYSAPLS position - monitor.

Senate (one house bill)

S3531A (Dilan sponsor) - Requires public authorities to negotiate with most qualified architectural and engineering professional firms before negotiating with other firms in order for the qualified to the least qualified with regard to the provision of services to the authority or corporation.  2009 Legislative action - awaiting action by Senate Finance committee.  NYSAPLS position - monitor.

S5430 (Aubertine sponsor) - Authorizes the governing boards of two or more municipalities which have mutually agreed to study the annexation of territory to, by joint resolution, propose the annexation of such territory, as an alternative to annexation solely by petition.  Legislative Commission on Rural Resources.  2009 Legislative action - awaiting action by Senate Local Government committee.  NYSAPLS position - monitor.

S840 (Marcellino sponsor) - enacts the landscape irrigation contractor certification act.  2009 Legislative action - awaiting action by Senate Consumer Protection committee. NYSAPLS position - monitor.

S338 (Kruger sponsor) - Provides for the licensure of authorized title insurance company agents and empowers the insurance department to administer all requirements relating thereto; requires the superintendent of insurance to develop an examination to test qualifications of an individual title insurance agent; exempts certain attorneys and title insurance agents; requires an initial and renewal fee of $200 for a two-year license; relates to commissions of agent of title insurance companies; mandates all funds collected to be fiduciary funds.  2009 Legislative action - awaiting action by Senate Insurance Committee.  NYSAPLS position - monitor.

S524 (Libous sponsor) - Enacts the "honesty in permit processing act"; requires state agencies to annually report to the public on the time periods for processing applications of each type of permit, license, registration and certification.  2009 Legislative action - awaiting action by Senate Finance committee.  NYSAPLS position - monitor.

S1775 (LaValle sponsor) - Requires that consumer representatives be appointed to state boards for the professions.  2009 Legislative action - awaiting action by Senate Higher Education Committee.  NYSAPLS position - monitor.

S1776 (LaValle sponsor) - Relates to the practice of land surveying, upgrades the licensing requirements for land surveyors, and revises the definition of land surveying as practicing that branch of the engineering profession and applied mathematics which includes the application of rules and regulations in accordance with certain local requirements; stipulates education requirements for licensing.  2010 Legislative action - awaiting action by Senate Higher Education committee.  NYSAPLS position - support.

S3565 (LaValle sponsor) - Provides that any question appearing on an examination prepared or administered by the education department for the purpose of licensing professional sunder their jurisdiction, on the test for licensing of real estate professionals, and on tests for licensing by the insurance and other state departments shall be made available for review pursuant to the state's Truth in Testing Law.  2009 Legislative action - awaiting action by Senate Higher Education committee.  NYSAPLS position - monitor.

S3807 (Flanagan sponsor) - Provides for riparian/littoral property lines to be shown on subdivision maps that are contiguous to navigable water bodies of the state.  2009 Legislative action - awaiting action by Senate 4/19/10.  NYSAPLS position - monitor.

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Judicial decisions related to the land surveying profession

 

click here to read the bill text and the Governor's memo of support.
The NYS Court of Appeals decision No. 68 - June 13, 2006 - G. Scott Walling v. Paul F. Przybylo - Decision in the Queensbury Adverse Possession case

NYS Education Department decisions taken related to the land surveying and design professions

No actions are being considered at this time.  Check back regularly for continuing updates as the 2009 Legislative Sessions opens in January.

The committee welcomes input from the NYSAPLS membership on any ongoing legislative issues or items that they feel are of concern to the land surveying profession. Please email Daren Morgan or Robert Smith, co-chairs, NYSAPLS Legislative Committee, to express your views. Daren can be reached at dmorgan@lafavewhitemcgivern.com.  

 

 

 

 

 

Effective July 1, 2008 - New York law now requires all laborers, workers and mechanics working on a public work project of at least $250,000 to have an active OSHA 10-hour construction safety certification card.  This new law applies to anyone working on the project - including the licensed land surveyors.

Governor Patterson signs Adverse Possession law July 11, 2008 -

 

NYSAPLS, Inc.
146 Washington Avenue
Land Surveyors Building
Albany, NY  12210
518-432-4046 -- (f) 518-432-4055
contactnysapls@nysapls.net