Update on Proposed Changes to New York State Laws Affecting Architectural Practice
A Summary of the Professional Practice Committee Meeting
Held on January 18th, 2007
By Chad Sjoquist, Esq., Zetlin & De Chiara LLP
While 2007 brought significant changes to Albany, the role of the Government Affairs section of the AIA New York State (AIANYS) endures. Led by AIANYS Vice President Burton L. Roslyn, the unit, in conjunction with the AIANYS Architects Political Action Committee, keeps tabs on, and lobbies the Governor and legislature on issues that are important to the welfare of New York's architects as well as the public.Highlighted below are five bills supported by the AIANYS that, if passed, may significantly affect the architecture profession in New York.
1. Design/Build
While the number of design/build firms in the United States is steadily growing, in New York, this method is still technically illegal. Although the courts have been less than clear on this issue, the Office of Professional Discipline has opined that a partnership between a design professional and another person such as a contractor results in fee splitting. Since design professionals are prohibited from fee splitting, design/build entities in New York are deemed to be a violation of the practice rules. This has created numerous problems, particularly since state and city agencies that oversee public projects in New York often express a preference for design/build firms. AIANYS strongly supports an amendment of Title VIII, Article 147 of the State Education Law to permit both architect-led and contractor-led design/build firms. Like most design professionals, AIANYS believes that a law can be passed that both incorporates the realities of today's profession, while still recognizing and emphasizing the important professional responsibilities of architects and other design professionals.2. The Formation of Business Corporations
New York is now one of only a few states in the country that still completely prohibits design professionals from forming regular business corporations. AIANYS supports legislation that would permit incorporation of architecture firms so long as at least 75 percent of such corporate ownership belongs to licensed design professionals and design professionals continue to oversee all professional design services.3. The Good Samaritan Law
AIANYS strongly supports a "Good Samaritan" law that would bestow immunity from negligence and malpractice lawsuits upon design professionals who provide professional services in response to terrorist attacks, natural disasters or other large-scale emergencies. Such a law would remove a significant disincentive that design professionals may otherwise have to lend their unique skills and experience to the public during a time when they might be most needed.4. Investigating Allegations of Unlawful Practice
Prior to 2003, the Department of Education could investigate allegations of unlawful practice and, once it substantiated those allegations, could refer the matter to the attorney general for criminal or civil prosecutions. Chapter 615 of the Laws of 2003 bestowed upon the Department significant civil enforcement powers over those who unlawfully practice architecture and engineering, including the ability to impose fines of up to $5000 per violation.The Department does not, however, have sufficient funds to implement these enforcement powers fully. Given the importance of protecting both the profession and the public from unlicensed design practice, AIANYS supports a $10 fee to be paid by each licensed architect along with his or her licensed architect's triennial registration fee that would directly fund such prosecutions.
