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February 2012
New subject matter is indicated in bold
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Chapter 550 of the Laws of 2011 went into effect on January 1, 2012. This law amends the business corporation law to authorize a new type of professional service corporation to be known as a “design professional service corporation” (DPC), which includes professional engineering, architecture, landscape architecture and land surveying. It has been determined that the tax implications on existing LLPs & LLCs that wish to transition to a DPC need to be minimized by amending the law. The office of the professions has issued FAQs which can be viewed by clicking HERE.
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NYSSPE’s Legal Counsel, Mark Kriss participated on a panel hosted by ACEC to further examine the implementation of this new law. Issues that were raised included how to carry your brand and experience into a newly formed corporation after dissolving the original, the inability for a PC to engage in a joint venture with a DPC, and the challenges for a Foreign PC (incorporated outside of NY) to transition into a DPC.
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In response to the forum NYSSPE hosted on “The Reality of Design Build in New York” President Don Nims appointed an Ad Hoc Committee and charged them with the following objectives:
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Eliminate the risk & liability put on PEs by issuing a standard 3-way document and an addendum stating who the design professional is and what the fee is.
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Write a position statement for NYSSPE
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Issue FAQs on Design/Build
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Codify changes to allow D/B and define it.
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In conjunction with our Fall Professional Development Conference NYSSPE hosted a forum entitled “The Reality of Design/Build in New York” The panel consisted of experts in engineering, architecture, construction, state education regulation and the law to consider all aspects of this project delivery method. This interactive session included the use of audience polling devices to instantly capture the viewpoint of the participants and gave us some valuable information to use as we move forward in the process of determining how we can change the law to safely allow this project delivery method in New York. To view the survey taken during the forum, please click HERE.
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Chapter 550 of the Laws of 2011 was signed by Governor Cuomo on September 23, 2011. This law amends the business corporation law to authorize a new type of professional service corporation to be known as a “design professional service corporation”, which includes professional engineering, architecture, landscape architecture and land surveying.
This new corporation allows up to 25% of its owners to be non licensees, bringing it in line with the more than 120 grandfathered corporations who have always had this benefit and making it easier for firms to attract and retain the talent of many non-licensed professionals who are vital to their success. Of course, there are safeguards built in to protect the integrity of the decision making processes, such as 75% of the stock must be owned by design professionals and 75% of the directors and officers must be licensed design professionals. Additionally, the president, chief executive officer and the chairman of the board of directors also must be licensed design professionals and a non-licensee cannot be the single largest shareholder. This law took effect on January 1, 2012.
We believe this law will give NY’s engineering firms a competitive advantage that is necessary to be a viable player in today’s economy.
To read the NYSSPE Issue Brief, please click HERE.
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President Nims, along with Long Island Area VP Laura Pellizzi, Past PEPP Chair Tom Petracca and Executive Director Kelly Norris met with Don Dawson, Director of Investigations at the Office of Professional Discipline and Jane Blair, Secretary to the State Board for Engineering to discuss how NYSSPE can be helpful to them and successful in fighting illegal practice. It was clear that illegal practice by a design professional is the priority, and that reporting should include the actual complaint and which law has been broken. Anonymous reporting is an option, and it is best to report directly to one of the regional offices. Dawson also reported that OPD did 7200 investigations last year, of which 100 were directed at design professionals, and that cease & desist letters are now being issued, none have been issued to design professionals. Overall, it was a very informative meeting and will help improve communication and collaboration with OPD on various issues of mutual concern.
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The NYSSPE Board of Directors met on November 5, 2011 in Albany, NY and made some significant changes to streamline our governance structure and enhance the value of membership. The Board approved the recent merger of the Capital District & Tri County Chapters, as well as the elimination of student dues. The recommendation of the Ad Hoc Committee to Restructure Practice Divisions was approved, making it possible for alternative interest groups to form within the society, without collection of additional dues dollars from the membership.
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As a part of our strategic plan, we are focusing on our communication efforts to make sure we are getting the word out about all of the great things we do on behalf of the profession. An important part of this strategy is the use of social networking to reach a broader audience with a brief and focused message to augment our E-newsletter and our website. We now have pages on both Facebook & Linked In. Use the icons below to get connected.
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President Nims appointed an ad hoc committee to consider the possibility of restructuring the practice divisions based on a review of the current trends and practices of these groups within the structure of NYSSPE.
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The City College of New York hosted an Inauguration Ceremony and luncheon at the college to celebrate the establishment of their student chapter. The event was well attended by students, faculty and NYSSPE Leadership. Past President Louise Doyle, PE gave a presentation on licensure and presented their certificate. Other attendees included NYSSPE members Al Brand, PE, Rudi Sherbansky, PE, Sal Galetta, PE and Gee Eng, PE as well es Kelly Norris, Executive Director. The Dean of Engineering Joseph Barba and Deborah Hartnett, Chief of Staff at City College addressed the group and expressed great interest in the potential of the collaboration between the College and NYSSPE.
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President Nims was joined by NYSSPE member Spencer Thew, Kelly Norris, and the Engineering Department Staff at Clarkson University to discuss the opportunities that exist in the field of engineering today, the benefits of taking the fundamentals of engineering (FE) exam now and eventually becoming a licensed professional engineer. More than 60 engineering students attended the presentation, which followed a very successful career fair held at the University.
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President Nims and New York Chapter President Toby Hanssen authorized the establishment of NYSSPE’s newest student chapter at the City College of New York. The student representative for the chapter is Zahid Khan of Brooklyn.
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To honor those engineers who lost their lives at the World Trade Center on September 11, 2001, President Nims issued a commemorative newsletter citing their bravery and dedication to public service as a lasting effect of the attack that has improved the safety of all.
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President Nims, Past President Doyle and Kelly Norris met with David Businelli, AIA the current President of AIA-NYS and Their Executive Director Ed Farrell to discuss issues of mutual concern and strategies for presenting a united front. Those issues include concerns within the Department of Buildings, addressing illegal practice and reporting to the Office of Professional Discipline, legislative issues including alternative project delivery, Wicks Law Repeal and the use of Building Information Modeling (BIM). Both groups, along with ACEC-NY and NYSAPLS make up the Joint Design Professionals Coalition, and it was concluded that this group should meet more regularly on more than just legislative items.
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The NYSSPE Career Center is a valuable search and recruitment resource for professionals and employers in New York. The NYSSPE Career Center offers simple and easy-to-use tools to make searching for career opportunities and finding qualified candidates fast, efficient and successful.
Please visit the NYSSPE Career Center: http://eng.nys.associationcareernetwork.com
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NYSSPE is pleased to announce the availability of discounted Long-Term Care Insurance, which provides coverage for services needed by people who are no longer able to care for themselves due to chronic illness, injury or the effects of aging.
Long-Term Care Insurance, with DISCOUNTED RATES, is offered to NYSSPE members, spouses, partners, siblings, parents parents-in-law, and children (including adopted and foster), between the ages of 18-84. You and your eligible family members may qualify for additional premium discounts. This includes the highly publicized NYS Partnership for Long-Term Care.
For more information please click HERE. To request enrollment forms please click HERE.
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NYSSPE is proud to announce a new partnership with the Polytechnic Institute of New York University (NYU-poly) in which NYSSPE members who enroll in NYU-poly programs will receive a rebate of 10% of NYU-poly’s graduate tuition upon completion of each course. There are 45 online graduate courses to choose from for the Spring 2011 semester which begins on January 24th, 2011.
NYU-Poly’s online course offerings are now available and can be found at: http://www.poly.edu/academics/online/course-offerings
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NYSSPE is partnering with the Minnesota Society of Professional Engineers to offer on-line review courses for the PE civil, PE mechanical and FE exams starting this Fall. For more information visit: http://www.mnspe.org/displaycommon.cfm?an=1&subarticlenbr=11
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CED Engineering has been approved as an affinity partner with NYSSPE and is offering discounted on-line continuing education for NYSSPE Members. Visit www.nysspe.org for details.
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NYSSPE-Newsletter is distributed via email bi-weekly to give you all the latest information about the society and engineering issues across New York State in a brief, easy to read format.
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New York Professional Engineer, our annual flagship publication brings you insights from NYSSPE leadership, in-depth articles on public policy issues affecting the profession and a member directory.
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NYSSPEvents e-newsletter is distributed monthly to promote the events and continuing education opportunities offered by NYSSPE and its local chapters.
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NYSSPE.ORG is a comprehensive source for information for all things NYSSPE including, government relations, member benefits, public relations, continuing education, engineering law and regulations and other hot issues affecting your profession.
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