Recent Survey Legislation Activities
April 19, 2008

A General Membership Meeting was held on April 4, 2008 (refer to the meeting minutes).

1. 36 Attended the meeting
2. Facts regarding the legislation were reviewed
3. Issues discussed by the attendees
4. The group agreed to send a letter to the Legislative Committee Chairs asking to hold off action until the Association had an opportunity to review what had been proposed
5. A subcommittee was formed to develop appropriate legislative responses.

The 1st letter was drafted, reviewed and sent by Jeff Volpe, Association President, on April 21, 2008 asking the legislative committees to hold on action.  Letters were sent to Senator LaValle and Assemblymembers Glick and Canestrari.

• 1st Letter to Senator LaValle
• 1st Letter to Assemblyman Glick
• 1st Letter to Assemblyman Canestrari

The letters noted:

1. The Association had had no opportunity to collaborate in the crafting of the proposed legislation.
2. Proposed legislation:
1. Has significant relevance to both the land surveying and GIS professionals in NYS
2. May have an adverse impact on the hundreds of GIS professionals across New York.
3. NYSGISA is reviewing this proposed legislation and will comment on its potential merits and shortcomings.
4. NYSGISA urges the respective committees to allow an opportunity for it to express its position before moving forward on the bill.

The 2nd letter was drafted, reviewed and sent by Jeff Volpe on April 25, 2008.  Letters were sent to Senator LaValle and Assemblymembers Glick and Canestrari.

• 2nd Letter to Senator LaValle
• 2nd Letter to Assemblyman Glick
• 2nd Letter to Assemblyman Canestrari

The letters provided the following comments on the proposed legislation:

1. The Association believes that the proposed legislation may negatively impact hundreds of GIS professionals as well as many others who use Global Positioning System (GPS) technology to determine locations.
2. The Association recognizes that the current NYS statute is in need of revision.
3. The Association notes that the National Council of Examiners for Engineering and Surveying (NCEES) undertook an extensive review of this problem several years ago. The outcome of that study was a substantial revision of the NCEES Model Law and the Model Rules. (The revised NCEES Model Law more clearly distinguishes the practices of Land Surveying from those of GIS professionals.)
4. The proposed legislation uses substantial portions of the NCEES Model Law language, but there are departures in the definition of Land Surveying from the Model Law which broaden the definition in a manner objectionable to GIS professionals.
5. Of equal concern is the lack of inclusion of the Model Rules. (Without reference to the Model Rules, the State Education Department will not be required to consider these specific inclusions and exclusions on Land Surveying in their regulations which the Association is not comfortable with.  The true distinction between Land Surveying and GIS is the intended or actual use of the map produced. The NCEES Model Law and Model Rules clearly delineate this distinction, while the proposed legislation does not. The Association is concerned that GIS professionals may be cited as infringing on the practice of Land Surveying without a license and the State Education Department may erroneously determine that GIS professionals are infringing on the practice of Land Surveying since elements of the NCEES Model Law and Model Rules are missing from legislation as proposed.  There is also potential for other, non-GIS professionals who use GPS to determine locations to be cited for practicing Land Surveying without a license.)

Key Points:

1. The Association sees no reason for New York State to deviate from the work of the NCEES.  
2. The Association has conveyed its concerns to the NYSAPLS Legislative Committee Chair but no change in the bill or accommodation for our concerns have been offered in return.

The following measures would satisfy the Association’s concerns:

1. Align the definition of Land Surveying in the bill to match the language in the NCEES Model Law.
2. Incorporate the NCEES Model Rules (section 210.25, Inclusions and Exclusions of Surveying Practice) in their entirety, either directly or by reference.
3. Include the NYS GIS Association in the bill review and revisions process

As of May 19, 2008, no response had been forthcoming from Assemblymembers Glick and Canestrari or Senator LaValle.  Jeff Volpe will follow up with them on the week of May 26th.

Click here for information and a sample letter you can send to your representative.