S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4753--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2013
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, CAHILL, ROSENTHAL, COLTON, SCHIMEL,
  JAFFEE, LUPARDO, ABINANTI, ZEBROWSKI, THIELE, COOK --  Multi-Sponsored
  by  --  M.    of  A.  ARROYO, BOYLAND, BRENNAN, CUSICK, FAHY, GUNTHER,
  V. LOPEZ, STEVENSON, SWEENEY, TITONE -- read once and referred to  the
  Committee  on  Higher Education -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the education law, the  business  corporation  law,  the
  limited  liability company law and the partnership law, in relation to
  providing for the licensing of  the  profession  of  geology;  and  to
  repeal  section  12  of  chapter 550 of the laws of 2011, amending the
  business corporation law and the  education  law  relating  to  design
  professional service corporations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The article heading of article 145 of the  education  law,
as  added  by  chapter  987  of  the laws of 1971, is amended to read as
follows:
                    ENGINEERING [AND], LAND SURVEYING
                               AND GEOLOGY
  S 2. Section 7200 of the education law, as added by chapter 987 of the
laws of 1971, is amended to read as follows:
  S 7200. Introduction.   This article applies  to  the  professions  of
engineering  [and],  land  surveying AND GEOLOGY. The general provisions
for all professions contained in article  one  hundred  thirty  of  this
title apply to this article.
  S 3. The education law is amended by adding three new sections 7204-a,
7204-b and 7206-b to read as follows:
  S  7204-A. DEFINITION OF THE PROFESSION OF GEOLOGY. GEOLOGY IS DEFINED
AS THE PERFORMANCE OF GEOLOGY INCLUDING, BUT NOT LIMITED  TO,  RESEARCH-
ING,  INVESTIGATING,  CONSULTING  AND GEOLOGICAL MAPPING, DESCRIBING THE
NATURAL PROCESSES THAT ACT UPON THE EARTH'S  MATERIALS,  PREDICTING  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08800-02-3
              

A. 4753--A                          2

PROBABLE  OCCURRENCE  OF  NATURAL  RESOURCES,  PREDICTING  AND  LOCATING
NATURAL OR HUMAN-INDUCED PHENOMENA WHICH MAY BE USEFUL OR  HAZARDOUS  TO
HUMANKIND   AND   RECOGNIZING,  DETERMINING  AND  EVALUATING  GEOLOGICAL
FACTORS,  AND  THE INSPECTION AND PERFORMANCE OF GEOLOGICAL WORK AND THE
RESPONSIBLE SUPERVISION THEREOF IN FURTHERANCE OF THE HEALTH, SAFETY AND
WELFARE OF THE PUBLIC; PROVIDED, HOWEVER, THAT GEOLOGICAL MAPPING  SHALL
NOT  INCLUDE THE PRACTICE OF LAND SURVEYING AS DEFINED IN SECTION SEVEN-
TY-TWO HUNDRED THREE OF THIS ARTICLE.
  S 7204-B. PRACTICE OF GEOLOGY AND THE USE OF TITLE  "LICENSED  PROFES-
SIONAL GEOLOGIST".  ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER
THIS  ARTICLE  SHALL PRACTICE THE PROFESSION OF GEOLOGY OR USE THE TITLE
"LICENSED PROFESSIONAL GEOLOGIST".
  S 7206-B. REQUIREMENTS FOR A LICENSE AS A LICENSED  GEOLOGIST.  1.  TO
QUALIFY  FOR  A  LICENSE  AS  A  LICENSED  GEOLOGIST, AN APPLICANT SHALL
FULFILL THE FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B) EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A  BACHELOR'S  OR
HIGHER DEGREE IN GEOLOGICAL SCIENCES, IN ACCORDANCE WITH THE COMMISSION-
ER'S REGULATIONS;
  (C)  EXPERIENCE:  HAVE AT LEAST FIVE YEARS PRACTICAL EXPERIENCE SATIS-
FACTORY TO THE BOARD IN APPROPRIATE GEOLOGICAL WORK; UP TO ONE  YEAR  OF
EXPERIENCE MAY BE CREDITED FOR AN ADVANCED DEGREE (MASTERS, DOCTORATE OR
AN  EQUIVALENT  THEREOF)  IN  ACCORDANCE  WITH  THE COMMISSIONER'S REGU-
LATIONS;
  (D) EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND  IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
  (G)  FEES:  PAY  A FEE OF TWO HUNDRED TWENTY DOLLARS TO THE DEPARTMENT
FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR  AN  INITIAL
LICENSE,  AND A FEE OF TWO HUNDRED TEN DOLLARS FOR EACH TRIENNIAL REGIS-
TRATION PERIOD.
  2. IN LIEU OF THE EDUCATION AND EXPERIENCE REQUIREMENTS  SPECIFIED  IN
PARAGRAPHS  (B) AND (C) OF SUBDIVISION ONE OF THIS SECTION, TWELVE YEARS
OF PRACTICAL EXPERIENCE IN GEOLOGICAL WORK  OF  A  GRADE  AND  CHARACTER
SATISFACTORY TO THE BOARD MAY BE ACCEPTED BY THE DEPARTMENT.
  3.  AN  APPLICANT  WHO APPLIES FOR LICENSURE WITHIN ONE YEAR AFTER THE
EFFECTIVE DATE OF THIS SECTION SHALL BE QUALIFIED FOR  A  LICENSE  AS  A
LICENSED  GEOLOGIST  WITHOUT  A WRITTEN EXAMINATION IF THE APPLICANT HAS
SATISFIED THE REQUIREMENTS OF  EDUCATION  AND  EXPERIENCE  DESCRIBED  IN
PARAGRAPHS  (B)  AND  (C)  OF SUBDIVISION ONE OR SUBDIVISION TWO OF THIS
SECTION NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.
  S 4. Section 7205 of the education law, as amended by chapter  521  of
the laws of 1998, is amended to read as follows:
  S 7205. State board for engineering [and], land surveying AND GEOLOGY.
A state board for engineering [and], land surveying AND GEOLOGY shall be
appointed  by the board of regents on recommendation of the commissioner
for the purpose of assisting the board of regents and the department  on
matters of professional licensing and professional conduct in accordance
with  section sixty-five hundred eight of this title. The board shall be
composed of not less than seven professional engineers [and],  not  less
than  two  land  surveyors  AND NOT LESS THAN TWO GEOLOGISTS licensed in
this state.  An executive secretary to the board shall be  appointed  by
the  board of regents on recommendation of the commissioner and shall be

A. 4753--A                          3

a professional engineer [or], land surveyor  OR  GEOLOGIST  licensed  in
this state.
  S  5. Subdivision 3 of section 7207 of the education law is renumbered
subdivision 4 and a new subdivision 3 is added to read as follows:
  3. ON RECOMMENDATION OF THE BOARD, THE DEPARTMENT MAY ISSUE A  LIMITED
PERMIT TO PRACTICE AS A LICENSED GEOLOGIST TO A GEOLOGIST NOT A RESIDENT
OF  THIS STATE AND HAVING NO ESTABLISHED PLACE OF PRACTICE IN THIS STATE
WHO IS LEGALLY QUALIFIED TO PRACTICE AS SUCH IN HIS OR HER  OWN  COUNTRY
OR  STATE  WITH STANDARDS EQUIVALENT TO THOSE ENUMERATED IN THIS ARTICLE
AND WHO SUBMITS EVIDENCE  SATISFACTORY  TO  THE  BOARD  ESTABLISHED  AND
RECOGNIZED  PROFESSIONAL STANDING IN HIS OR HER OWN COUNTRY OR STATE AND
WHO SUBMITS SATISFACTORY CERTIFICATION AS TO  CHARACTER  AND  QUALIFICA-
TIONS  FROM  AT  LEAST TWO LICENSED PROFESSIONAL GEOLOGISTS, ONE OF WHOM
SHALL BE A RESIDENT OF THIS STATE. SUCH LIMITED PERMIT SHALL  BE  ISSUED
SOLELY  IN  CONNECTION  WITH THE SPECIFIC PROJECT FOR WHICH SUCH LIMITED
PERMIT IS GRANTED. THE FEE FOR EACH LIMITED PERMIT SHALL BE ONE  HUNDRED
FIVE DOLLARS.
  S  6.  The  section  heading  of section 7208 of the education law, as
added by chapter 987 of the laws of 1971, is amended to read as follows:
  Exempt persons FOR THE PROFESSIONS OF ENGINEERING AND LAND SURVEYING.
  S 7. The education law is amended by adding a new  section  7208-a  to
read as follows:
  S  7208-A.  EXEMPT PERSONS IN OR RELATED TO THE PROFESSION OF GEOLOGY.
NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AFFECT OR PREVENT:
  1. THE EMPLOYMENT AND SUPERVISION OF INTERNS AND OTHER PERSONS  QUALI-
FIED  BY EDUCATION OR EXPERIENCE BY LICENSED GEOLOGISTS AS ASSISTANTS IN
THE PERFORMANCE OF GEOLOGICAL SERVICES, OR AS CONSULTANTS  OR  EMPLOYEES
IN SPECIAL FIELDS RELATED TO BUT NOT UNIQUELY GEOLOGY, PROVIDED THAT THE
LICENSED  GEOLOGIST  EMPLOYING  OR SUPERVISING SUCH PERSONS SHALL NOT BE
RELIEVED OF ANY RESPONSIBILITY WHATSOEVER BY DELEGATION TO SUCH PERSONS.
  2. THE PRACTICE OF PROFESSIONAL ENGINEERING BY A PROFESSIONAL ENGINEER
LICENSED PURSUANT TO THIS ARTICLE TO PRACTICE ENGINEERING IN THIS  STATE
OR  AN  ENTITY AUTHORIZED PURSUANT TO SECTION SEVENTY-TWO HUNDRED TEN OF
THIS ARTICLE TO PROVIDE ENGINEERING IN THIS STATE, INCLUDING THE  INVES-
TIGATION,  ACQUISITION,  EVALUATION,  AND INTERPRETATION OF THE PHYSICAL
AND CHEMICAL PROPERTIES OF THE SOIL, ROCK, GROUNDWATER, EARTH  MATERIALS
AND DATA RELATED THERETO, AND THE PERFORMANCE OF ACTIVITIES AS SPECIFIED
IN  SECTION SEVENTY-TWO HUNDRED FOUR-A OF THIS ARTICLE, PROVIDED THAT NO
SUCH PERSON SHALL USE THE DESIGNATION, OR HOLD HIMSELF OR HERSELF OUT AS
A "LICENSED PROFESSIONAL GEOLOGIST," UNLESS LICENSED  AS  SUCH  IN  THIS
STATE.
  3.  THE  PRACTICE  OF LAND SURVEYING BY ANY PERSON THAT IS LICENSED OR
OTHERWISE AUTHORIZED TO PRACTICE LAND SURVEYING IN THIS STATE,  PROVIDED
THAT NO SUCH PERSON SHALL USE THE DESIGNATION OR HOLD HIMSELF OR HERSELF
OUT  AS  A  "LICENSED PROFESSIONAL GEOLOGIST" UNLESS LICENSED AS SUCH IN
THIS STATE.
  4. THE EXECUTION OF WORK BY CONTRACTORS OR BY OTHERS OF WORK  PREPARED
BY A LICENSED GEOLOGIST, OR THE SUPERINTENDENCE OF SUCH WORK AS A SUPER-
INTENDENT, FOREMAN OR INSPECTOR.
  5.   THE PRACTICE OF THE PROFESSION OF GEOLOGY BY OFFICERS AND EMPLOY-
EES OF THIS STATE PRACTICING SOLELY AS OFFICERS AND EMPLOYEES; PROVIDED,
HOWEVER, THAT THIS EXEMPTION SHALL NOT APPLY TO OFFICERS  AND  EMPLOYEES
OF  THE  STATE OF NEW YORK WHO COMMENCE EMPLOYMENT OR THE PERFORMANCE OF
WORK RELATED ACTIVITIES AFTER THE EFFECTIVE DATE OF THIS SECTION.

A. 4753--A                          4

  6. THE EXECUTION OF GEOLOGICAL RESEARCH AND/OR TEACHING  CONDUCTED  AT
ACCREDITED  EDUCATIONAL  INSTITUTIONS AND NOT-FOR-PROFIT RESEARCH INSTI-
TUTIONS, CONDUCTED SOLELY THROUGH THOSE INSTITUTIONS.
  7.  WORK  CUSTOMARILY  PERFORMED  BY  PHYSICAL  OR  NATURAL SCIENTISTS
PROVIDED SUCH WORK DOES NOT INCLUDE GEOLOGICAL INVESTIGATIONS, BEING  IN
RESPONSIBLE  CHARGE  OF  GEOLOGICAL  WORK,  OR THE DRAWING OF GEOLOGICAL
CONCLUSIONS AND RECOMMENDATIONS.
  8. WORK CUSTOMARILY PERFORMED BY WELL DRILLERS CERTIFIED  PURSUANT  TO
THE PROVISIONS OF THE ENVIRONMENTAL CONSERVATION LAW.
  S  8.  Subdivisions  1,  2 and 4 of section 7209 of the education law,
subdivisions 1 and 2 as added by chapter 987 of the laws  of  1971,  the
opening paragraph of subdivision 1 as amended by chapter 994 of the laws
of 1971 and subdivision 4 as amended by chapter 550 of the laws of 2011,
are amended to read as follows:
  1.  Every professional engineer [and every], land surveyor AND PROFES-
SIONAL GEOLOGIST shall have a seal, approved by the board,  which  shall
contain  the  name  of the professional engineer and the words "Licensed
Professional Engineer" [or], the name of the land surveyor and the words
"Licensed Land Surveyor" OR THE NAME OF THE PROFESSIONAL  GEOLOGIST  AND
THE  WORDS  "LICENSED  PROFESSIONAL  GEOLOGIST", and such other words or
figures as the board may  deem  necessary.  All  plans,  specifications,
plats  and  reports relating to the construction or alteration of build-
ings or structures, OR GEOLOGIC DRAWINGS AND REPORTS  prepared  by  such
professional  engineer  [and],  all  plans,  specifications,  plats  and
reports prepared by such land surveyor AND  ALL  GEOLOGIC  DRAWINGS  AND
REPORTS  PREPARED  BY  SUCH  PROFESSIONAL GEOLOGIST or by a full-time or
part-time subordinate under his OR HER  supervision,  shall  be  stamped
with  such  seal  and  shall  also  be  signed, on the original with the
personal signature of such professional engineer [or], land surveyor  OR
PROFESSIONAL  GEOLOGIST when filed with public officials. No official of
this state, or of any city, county, town  or  village  therein,  charged
with  the enforcement of laws, ordinances or regulations shall accept or
approve any plans [or], specifications, OR GEOLOGIC DRAWINGS OR  REPORTS
that are not stamped:
  a.  With  the  seal  of  an architect or professional engineer or land
surveyor OR PROFESSIONAL GEOLOGIST licensed in this  state  and  bearing
the  authorized  facsimile of the signature of such architect or profes-
sional engineer or land surveyor OR PROFESSIONAL GEOLOGIST, or
  b. With the official seal and authorized facsimile of the signature of
a professional engineer or land surveyor OR PROFESSIONAL GEOLOGIST not a
resident of this state and having no established business in this state,
but who is legally qualified to practice as such in his OR HER own state
or country, provided that such person may lawfully practice as  such  in
this state, and provided further that the plans [or], specifications, OR
GEOLOGIC DRAWINGS OR REPORTS are accompanied by and have attached there-
to  written  authorization  issued  by the department certifying to such
right to practice at such time.
  2. A. To all plans, specifications, plats and  reports  to  which  the
seal of a professional engineer or land surveyor has been applied, there
shall  also  be applied a stamp with appropriate wording warning that it
is a violation of this [law] ARTICLE for any person, unless he OR SHE is
acting under the direction of a licensed professional engineer  or  land
surveyor, to alter an item in any way. If an item bearing the seal of an
engineer  or  land  surveyor  is  altered, the altering engineer or land
surveyor shall affix to the item  his  OR  HER  seal  and  the  notation

A. 4753--A                          5

"altered  by"  followed  by  his  OR  HER signature and the date of such
alteration, and a specific description of the alteration.
  B. TO ALL GEOLOGIC DRAWINGS AND REPORTS TO WHICH THE SEAL OF A PROFES-
SIONAL  GEOLOGIST OR PROFESSIONAL ENGINEER HAS BEEN APPLIED, THERE SHALL
ALSO BE APPLIED A STAMP WITH APPROPRIATE WORDING WARNING THAT  IT  IS  A
VIOLATION  OF  THIS  ARTICLE  FOR ANY PERSON, UNLESS HE OR SHE IS ACTING
UNDER THE DIRECTION OF A LICENSED PROFESSIONAL GEOLOGIST OR PROFESSIONAL
ENGINEER, TO ALTER A DRAWING OR REPORT IN ANY WAY. IF  AN  ITEM  BEARING
THE  SEAL  OF A LICENSED PROFESSIONAL GEOLOGIST OR PROFESSIONAL ENGINEER
IS ALTERED, THE ALTERING PARTY SHALL AFFIX TO THE ITEM HIS OR  HER  SEAL
AND  THE  NOTATION "ALTERED BY" FOLLOWED BY HIS OR HER SIGNATURE AND THE
DATE OF SUCH ALTERATION, AND A SPECIFIC DESCRIPTION OF  THE  ALTERATION.
NOTHING  CONTAINED  IN  THIS  ARTICLE  SHALL  BE  DEEMED  TO AUTHORIZE A
LICENSED PROFESSIONAL GEOLOGIST  TO  PRACTICE  PROFESSIONAL  ENGINEERING
UNLESS HE OR SHE IS LICENSED AS A PROFESSIONAL ENGINEER PURSUANT TO THIS
ARTICLE.
  4.  Engineers,  land  surveyors, GEOLOGISTS, architects, and landscape
architects may join in the formation of a joint enterprise, or  a  part-
nership  or  a professional service corporation or a design professional
service  corporation  or  may  form  any  desired  combination  of  such
professions and may use in the name of such corporation the title of any
of  the  professions  which  will  be  practiced. After the name of each
member his or her profession shall be indicated.
  S 9. Subdivision 1 of section 7210 of the education law, as amended by
chapter 550 of the laws of 2011, is amended to read as follows:
  1. Domestic  or  foreign  professional  service  corporations,  design
professional  service corporations, professional service limited liabil-
ity companies, foreign professional service limited liability companies,
registered limited liability partnerships, New York  registered  foreign
limited liability partnerships, partnerships and joint enterprises spec-
ified  in  subdivision  four of section seventy-two hundred nine of this
article, provided each  of  the  foregoing  entities  is  authorized  to
provide  professional  engineering  [or], land surveying OR PROFESSIONAL
GEOLOGY services and general business corporations authorized to provide
professional engineering [or], land surveying  OR  PROFESSIONAL  GEOLOGY
services pursuant to subdivision six of section seventy-two hundred nine
of this article may offer to provide or provide professional engineering
[or], land surveying OR PROFESSIONAL GEOLOGY services only after obtain-
ing a certificate of authorization from the department. Except as other-
wise  authorized by statute, rule or regulation, other business entities
are not authorized to offer or provide  professional  engineering  [or],
land  surveying  OR  PROFESSIONAL  GEOLOGY  services  and may not obtain
certificates of authorization provided  that  nothing  contained  herein
shall  prohibit  an  individual who is licensed to practice professional
engineering [or], land surveying  OR  PROFESSIONAL  GEOLOGY  under  this
article  from  obtaining a certificate of authorization upon application
and payment of the appropriate fees provided for under this section.
  S 10. Subdivision 2 of section 7307 of the education law,  as  amended
by chapter 550 of the laws of 2011, is amended to read as follows:
  2.  Engineers,  land  surveyors,  GEOLOGISTS, architects and landscape
architects may join in the formation of a joint enterprise, or  a  part-
nership  or  a professional service corporation or a design professional
service  corporation  or  may  form  any  desired  combination  of  such
professions and may use in the name of such corporation the title of any
of  the  professions  which  will  be  practiced. After the name of each
member his or her profession shall be indicated.

A. 4753--A                          6

  S 11. Subdivision 2 of section 7327 of the education law,  as  amended
by chapter 550 of the laws of 2011, is amended to read as follows:
  2.  Engineers,  land  surveyors,  GEOLOGISTS, architects and landscape
architects may join in the formation of a joint enterprise, or  a  part-
nership  or  a professional service corporation or a design professional
service  corporation  or  may  form  any  desired  combination  of  such
professions and may use in the name of such corporation the title of any
of  the  professions  which  will  be  practiced. After the name of each
member his or her profession shall be indicated.
  S 12.  Paragraphs (g) and (h) of section 1501 of the  business  corpo-
ration  law,  as  added by chapter 9 of the laws of 2013, are amended to
read as follows:
  (g) "Design professional  service  corporation"  means  a  corporation
organized under this article practicing professional engineering, archi-
tecture, landscape architecture, GEOLOGY, or land surveying, or practic-
ing  any combination of such professions. The provisions of this article
applicable to professional service corporations shall  apply  to  design
professional   service  corporations  except  to  the  extent  that  any
provision is either inconsistent with a provision expressly applying  to
design professional service corporations or not relevant thereto.
  (h)  "Design professional" means an individual licensed and registered
pursuant to title eight of the education law  to  practice  professional
engineering,   architecture,landscape   architecture,  GEOLOGY  or  land
surveying.
  S 13. Paragraph (a) of section 1503 of the business  corporation  law,
as  amended  by  chapter  550 of the laws of 2011, is amended to read as
follows:
  (a) Notwithstanding any other provision of law, one or  more  individ-
uals  duly  authorized  by  law  to render the same professional service
within the state may organize, or cause to be organized, a  professional
service  corporation  for  pecuniary  profit  under this article for the
purpose of rendering the same professional service, except that  one  or
more  individuals  duly authorized by law to practice professional engi-
neering, architecture, landscape architecture [or],  land  surveying  OR
GEOLOGY  within  the  state  may  organize,  or cause to be organized, a
professional service corporation or a design professional service corpo-
ration for pecuniary profit  under  this  article  for  the  purpose  of
rendering  such professional services as such individuals are authorized
to practice.
  S 14.  The opening paragraph of paragraph (b-5) of section 1503 of the
business corporation law, as amended by chapter 9 of the laws  of  2013,
is amended to read as follows:
  On  or  after  January first, two thousand twelve, the state education
department and the department of state shall allow an  existing  profes-
sional  service  corporation organized under this article and practicing
professional engineering, architecture, landscape architecture,  GEOLOGY
or  land surveying, or practicing any combination of such professions to
become a design professional service  corporation  as  defined  in  this
article,  provided the professional service corporation meets all of the
requirements  to  become  a  design  professional  service  corporation,
including  that  its  name shall end with the words "design professional
corporation" or the abbreviation "D.P.C.", by amending  its  certificate
of incorporation so that it contains the following statements:
  S  15.  Paragraph (b) of section 1504 of the business corporation law,
as amended by chapter 550 of the laws of 2011, is  amended  to  read  as
follows:

A. 4753--A                          7

  (b)  Each  final plan and report made or issued by a corporation prac-
ticing one or more  of  the  professions  of  professional  engineering,
architecture,  landscape  architecture  [or],  land surveying OR GEOLOGY
shall bear the name and seal of  one  or  more  professional  engineers,
architects,  landscape  architects,  [or]  land surveyors OR GEOLOGISTS,
respectively, who are in responsible charge of such plan or report.
  S 16. Section 12 of chapter 550 of the  laws  of  2011,  amending  the
business  corporation  law  and  the  education  law  relating to design
professional service corporations, is REPEALED.
  S 16-a. Section 1516 of the business corporation law,  as  amended  by
chapter 564 of the laws of 2011, is amended to read as follows:
S 1516. Corporate mergers, consolidations and other reorganizations.
  (a)  Notwithstanding  any  inconsistent provision of this article, AND
SUBJECT TO THE LIMITATIONS IN PARAGRAPH (D) OF THIS SECTION,  a  profes-
sional  service  corporation,  INCLUDING  A  DESIGN PROFESSIONAL SERVICE
CORPORATION, pursuant to the provisions of article nine of this chapter,
may be merged or consolidated with another corporation  formed  pursuant
to  the  provisions  of this chapter [or], with a corporation authorized
and registered to practice the same profession pursuant to the  applica-
ble provisions of subdivision six of section seventy-two hundred nine of
the  education  law  (engineer  [or],  land surveyor OR GEOLOGIST) [or],
subdivision four of section seventy-three hundred seven of the education
law (architect) OR SUBDIVISION FOUR  OF  SECTION  SEVENTY-THREE  HUNDRED
TWENTY-SEVEN  OF  THE  EDUCATION  LAW (LANDSCAPE ARCHITECT) of [article]
ARTICLES one hundred forty-five, ONE HUNDRED FORTY-SEVEN AND ONE HUNDRED
FORTY-EIGHT of the education law, or  with  a  foreign  corporation,  or
other  business  entity practicing the same profession or professions in
this state or the state of its formation, or may be  otherwise  reorgan-
ized,  provided  that  the corporation which survives or which is formed
pursuant thereto is a professional service corporation, A DESIGN PROFES-
SIONAL SERVICE CORPORATION, a  professional  service  limited  liability
company  or  a  foreign  professional service corporation practicing the
same profession or professions in this state or the  state  of  incorpo-
ration or, if one of the original corporations is authorized to practice
pursuant  to  the provisions of either subdivision six of section seven-
ty-two hundred nine [or],  subdivision  four  of  section  seventy-three
hundred seven OR SUBDIVISION FOUR OF SECTION SEVENTY-THREE HUNDRED TWEN-
TY-FOUR OF THE EDUCATION LAW, a corporation authorized and registered to
practice  the  same  profession pursuant to the applicable provisions of
subdivision six of section seventy-two hundred nine of the education law
(engineer [or], land surveyor OR GEOLOGIST) [or],  subdivision  four  of
section  seventy-three hundred seven of the education law (architect) of
[article] ARTICLES one hundred forty-five, ONE HUNDRED  FORTY-SEVEN  AND
ONE  HUNDRED  FORTY-EIGHT  OR  SUBDIVISION FOUR OF SECTION SEVENTY-THREE
HUNDRED TWENTY-SEVEN of the education law.
  (b) If the surviving business entity is  a  professional  corporation,
the  restrictions  on  the  issuance,  transfer  or  sale of shares of a
professional service corporation OR A DESIGN PROFESSIONAL SERVICE CORPO-
RATION shall be suspended for a period not exceeding  thirty  days  with
respect  to  any  issuance,  transfer or sale of shares made pursuant to
such merger, consolidation or  reorganization,  provided  that:  (i)  no
person  who  would not be eligible to be a shareholder in the absence of
this section shall vote the shares of or receive any  distribution  from
such  corporation;  (ii) after such merger, consolidation or reorganiza-
tion, any professional service  corporation  OR  A  DESIGN  PROFESSIONAL
SERVICE  CORPORATION which survives or which is created thereby shall be

A. 4753--A                          8

subject to all of the provisions of this article; and (iii) shares ther-
eafter only may be held by persons who are eligible to receive shares of
such  professional  service  corporation,  DESIGN  PROFESSIONAL  SERVICE
CORPORATION or such other corporation authorized and registered to prac-
tice the same profession pursuant to the applicable provisions of subdi-
vision  six  of  section  seventy-two  hundred nine of the education law
(engineer [or], land surveyor OR GEOLOGIST) [or],  subdivision  four  of
section  seventy-three hundred seven of the education law (architect) OR
SUBDIVISION FOUR OF SECTION SEVENTY-THREE HUNDRED  TWENTY-SEVEN  OF  THE
EDUCATION  LAW  (LANDSCAPE  ARCHITECT) of [article] ARTICLES one hundred
forty-five, ONE HUNDRED FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT  of  the
education  law,  which  survives.  Nothing  herein  contained  shall  be
construed as permitting the practice of a profession in this state by  a
corporation which is not incorporated pursuant to the provisions of this
article  or  authorized  to  do  business  in this state pursuant to the
provisions of article fifteen-A of this chapter, AUTHORIZED PURSUANT  TO
SUBDIVISION  SIX  OF  SECTION  SEVENTY-TWO HUNDRED NINE OF THE EDUCATION
LAW, AUTHORIZED PURSUANT TO SUBDIVISION FOUR  OF  SECTION  SEVENTY-THREE
HUNDRED  SEVEN  OF THE EDUCATION LAW, AUTHORIZED PURSUANT TO SUBDIVISION
FOUR OF SECTION SEVENTY-THREE HUNDRED TWENTY-SEVEN OF THE EDUCATION  LAW
or  authorized  and  registered to practice a profession pursuant to the
applicable provisions of article one  hundred  forty-five,  ONE  HUNDRED
FORTY-SEVEN  OR  ONE  HUNDRED  FORTY-EIGHT of the education law. For the
purposes of this section, other  reorganizations  shall  be  limited  to
those  reorganizations  defined  in  paragraph  one of subsection (a) of
section three hundred sixty-eight of the internal revenue code.
  (c) If the surviving business entity is a professional service limited
liability company, the restrictions on the issuance, transfer or sale of
membership interests of a professional service limited liability company
other than the requirements of the first two  sentences  of  subdivision
(c)  of  section  twelve hundred eleven of the limited liability company
law, shall be suspended for a period  not  exceeding  thirty  days  with
respect  to  any issuance, transfer or sale of membership interests made
pursuant to such merger or consolidation, provided that: (i)  no  person
or  business  entity  who  would  not  be eligible to be a member in the
absence of this section shall vote or receive any distribution from such
limited liability company; (ii) after such merger or consolidation,  any
professional  service limited liability company that survives or that is
created thereby shall be subject to all the provisions  of  the  limited
liability  company law; and (iii) membership interests thereafter may be
held only by persons or business entities  who  are  eligible  to  be  a
member  of  such professional service limited liability company. Nothing
herein contained shall be construed as  permitting  the  practice  of  a
profession  in  this  state  by  a limited liability company that is not
formed pursuant to the provisions of the limited liability  company  law
or  authorized to do business in the state pursuant to the provisions of
article thirteen of the limited liability company law.
  (D) NOTWITHSTANDING THE PROVISIONS CONTAINED IN  PARAGRAPHS  (A),  (B)
AND  (C)  OF  THIS  SECTION,  NO DESIGN PROFESSIONAL SERVICE CORPORATION
SHALL BE MERGED OR CONSOLIDATED WITH ANY ENTITY UNLESS SUCH ENTITY IS  A
PROFESSIONAL BUSINESS ORGANIZATION LAWFULLY ORGANIZED TO PROVIDE PROFES-
SIONAL SERVICES PURSUANT TO ARTICLES ONE HUNDRED FORTY-FIVE, ONE HUNDRED
FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT OF THE EDUCATION LAW.
  S  17.  Paragraph (b) of section 1526 of the business corporation law,
as added by chapter 505 of the laws of  1983,  is  amended  to  read  as
follows:

A. 4753--A                          9

  (b)  Each  final  plan, DRAWING and report made or issued by a foreign
professional service corporation  practicing  professional  engineering,
architecture,  landscape  architecture,  GEOLOGY or land surveying shall
bear the name and seal of one or  more  professional  engineers,  archi-
tects,  landscape architects, PROFESSIONAL GEOLOGISTS or land surveyors,
respectively, who are in responsible charge of such plan or report.
  S 18. Section 1529 of the business  corporation  law,  as  amended  by
chapter 576 of the laws of 1994, is amended to read as follows:
S 1529. Business corporation law applicable.
  Except for the provisions of sections thirteen hundred three, thirteen
hundred  four,  thirteen hundred sixteen, thirteen hundred seventeen and
thirteen hundred twenty, this chapter shall be applicable to  a  foreign
professional service corporation to the extent that the provisions ther-
eof  are  not in conflict with the provisions of this article. A foreign
professional service corporation may practice  in  this  state,  or  may
consolidate  or  merge with another corporation, or may be a member of a
professional service limited liability company, a  foreign  professional
service  limited liability company, a registered limited liability part-
nership or foreign limited liability partnership, only  if  all  of  the
professions  practiced by such corporations, limited liability companies
or limited liability partnerships could be practiced by a single profes-
sional service corporation organized in this state; and,  further,  only
if such foreign professional service corporation is domiciled in a state
or  territory  of  the  United  States the laws of which, at the time of
application by such corporation under section fifteen hundred thirty  of
this  article,  contain  a reciprocal provision under which professional
service corporations domiciled in this state may similarly apply for the
privilege of doing business in any such  state  or  territory;  provided
further  however,  that nothing herein shall authorize a foreign profes-
sional service corporation  practicing  professional  engineering,  land
surveying,  GEOLOGY,  architecture and/or landscape architecture to be a
member or partner of a professional service limited liability company, a
foreign professional service limited  liability  company,  a  registered
limited liability partnership or a foreign limited liability partnership
unless  all  of the shareholders, directors and officers of such foreign
professional service corporation are licensed to practice one or more of
such professions in this state.
  S 19. Subdivision (a) of section 1203 of the limited liability company
law, as separately amended by chapters 420 and 676 of the laws of  2002,
is amended to read as follows:
  (a)  Notwithstanding  the education law or any other provision of law,
one or more professionals each of whom is authorized by law to render  a
professional  service within the state, or one or more professionals, at
least one of whom is authorized by law to render a professional  service
within  the  state,  may  form,  or  cause  to be formed, a professional
service limited liability company for pecuniary profit under this  arti-
cle for the purpose of rendering the professional service or services as
such professionals are authorized to practice. With respect to a profes-
sional  service  limited  liability  company  formed  to provide medical
services as such services are defined in article 131  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 131 of the education law  to  practice  medicine  in
this  state.  With  respect  to a professional service limited liability
company formed to provide dental services as such services  are  defined
in article 133 of the education law, each member of such limited liabil-
ity  company  must  be licensed pursuant to article 133 of the education

A. 4753--A                         10

law to practice dentistry in this state. With respect to a  professional
service  limited liability company formed to provide veterinary services
as such services are defined in article 135 of the education  law,  each
member  of  such  limited liability company must be licensed pursuant to
article 135 of the education law to practice veterinary medicine in this
state. With respect to a professional service limited liability  company
formed  to  provide  professional engineering, land surveying, architec-
tural [and/or], landscape architectural AND/OR  GEOLOGICAL  services  as
such services are defined in article 145, article 147 and article 148 of
the education law, each member of such limited liability company must be
licensed  pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.
With respect to a professional service limited liability company  formed
to  provide  licensed clinical social work services as such services are
defined in article 154 of the education law, each member of such limited
liability company shall be licensed  pursuant  to  article  154  of  the
education  law  to practice licensed clinical social work in this state.
With respect to a professional service limited liability company  formed
to  provide  creative arts therapy services as such services are defined
in article 163 of the education law, each member of such limited liabil-
ity company must be licensed pursuant to article 163  of  the  education
law  to  practice creative arts therapy in this state. With respect to a
professional  service  limited  liability  company  formed  to   provide
marriage  and  family  therapy  services as such services are defined in
article 163 of the education law, each member of such limited  liability
company must be licensed pursuant to article 163 of the education law to
practice  marriage  and family therapy in this state.  With respect to a
professional service limited liability company formed to provide  mental
health  counseling  services as such services are defined in article 163
of the education law, each member of such limited liability company must
be licensed pursuant to article 163 of the  education  law  to  practice
mental  health  counseling in this state. With respect to a professional
service limited  liability  company  formed  to  provide  psychoanalysis
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to article 163 of the education law to practice psychoanalysis
in  this  state.    In  addition  to  engaging  in  such  profession  or
professions, a professional service limited liability company may engage
in  any  other  business  or  activities as to which a limited liability
company may be formed under section two hundred  one  of  this  chapter.
Notwithstanding  any  other  provision  of  this section, a professional
service limited liability company (i) authorized  to  practice  law  may
only  engage  in  another  profession  or business or activities or (ii)
which is engaged in a profession or other business or  activities  other
than  law  may  only  engage  in  the practice of law, to the extent not
prohibited by any other law of this state or any  rule  adopted  by  the
appropriate  appellate  division  of  the  supreme court or the court of
appeals.
  S 20. Subdivision (b) of section 1207 of the limited liability company
law, as separately amended by chapters 420 and 676 of the laws of  2002,
is amended to read as follows:
  (b)  with  respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each  member  of  such  limited  liability
company must be licensed pursuant to article 131 of the education law to
practice  medicine in this state. With respect to a professional service

A. 4753--A                         11

limited liability company formed to  provide  dental  services  as  such
services are defined in article 133 of the education law, each member of
such  limited liability company must be licensed pursuant to article 133
of  the  education law to practice dentistry in this state. With respect
to a professional service limited liability company  formed  to  provide
veterinary  services  as such services are defined in article 135 of the
education law, each member of such limited  liability  company  must  be
licensed pursuant to article 135 of the education law to practice veter-
inary  medicine  in  this  state. With respect to a professional service
limited liability company formed to  provide  professional  engineering,
land  surveying,  architectural [and/or], landscape architectural AND/OR
GEOLOGICAL services as such services are defined in article 145, article
147 and article 148 of the education law, each member  of  such  limited
liability  company must be licensed pursuant to article 145, article 147
and/or article 148 of the education law to practice one or more of  such
professions in this state. With respect to a professional service limit-
ed  liability  company  formed  to provide licensed clinical social work
services as such services are defined in article 154  of  the  education
law,  each  member  of  such limited liability company shall be licensed
pursuant to article 154 of the education law to practice licensed  clin-
ical  social work in this state.  With respect to a professional service
limited liability  company  formed  to  provide  creative  arts  therapy
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article 163 of the education law to practice creative arts
therapy in this state. With respect to a  professional  service  limited
liability company formed to provide marriage and family therapy services
as  such  services are defined in article 163 of the education law, each
member of such limited liability company must be  licensed  pursuant  to
article 163 of the education law to practice marriage and family therapy
in this state.  With respect to a professional service limited liability
company  formed  to  provide  mental  health counseling services as such
services are defined in article 163 of the education law, each member of
such limited liability company must be licensed pursuant to article  163
of the education law to practice mental health counseling in this state.
With  respect to a professional service limited liability company formed
to provide psychoanalysis services as such services are defined in arti-
cle 163 of the education law, each  member  of  such  limited  liability
company must be licensed pursuant to article 163 of the education law to
practice psychoanalysis in this state.
  S  21. Subdivisions (a) and (f) of section 1301 of the limited liabil-
ity company law, subdivision (a) as separately amended by  chapters  420
and  676  of  the laws of 2002 and subdivision (f) as amended by chapter
170 of the laws of 1996, are amended to read as follows:
  (a) "Foreign professional service limited liability company"  means  a
professional  service  limited liability company, whether or not denomi-
nated as such, organized under the laws of  a  jurisdiction  other  than
this state, (i) each of whose members and managers, if any, is a profes-
sional  authorized  by  law to render a professional service within this
state and who is or has been engaged in the practice of such  profession
in  such professional service limited liability company or a predecessor
entity, or will engage in the practice of such profession in the profes-
sional service limited liability company within thirty days of the  date
such  professional becomes a member, or each of whose members and manag-
ers, if any, is a professional at least one of such members  is  author-
ized  by  law to render a professional service within this state and who

A. 4753--A                         12

is or has been engaged in  the  practice  of  such  profession  in  such
professional  service limited liability company or a predecessor entity,
or will engage in the practice of such profession  in  the  professional
service  limited  liability  company within thirty days of the date such
professional becomes a member, or  (ii)  authorized  by,  or  holding  a
license,  certificate,  registration  or  permit issued by the licensing
authority pursuant to,  the  education  law  to  render  a  professional
service within this state; except that all members and managers, if any,
of  a  foreign  professional  service  limited  liability  company  that
provides health services in this state shall be licensed in this  state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle  135  of the education law, each member of such foreign professional
service limited liability company shall be licensed pursuant to  article
135  of  the education law to practice veterinary medicine. With respect
to a  foreign  professional  service  limited  liability  company  which
provides medical services as such services are defined in article 131 of
the  education  law,  each  member  of such foreign professional service
limited liability company must be licensed pursuant to  article  131  of
the education law to practice medicine in this state.  With respect to a
foreign  professional  service  limited liability company which provides
dental services as such services are  defined  in  article  133  of  the
education  law, each member of such foreign professional service limited
liability company must be licensed pursuant to article 133 of the educa-
tion law to practice dentistry in this state. With respect to a  foreign
professional  service  limited  liability company which provides profes-
sional engineering, land surveying, GEOLOGIC, architectural and/or land-
scape architectural services as such services  are  defined  in  article
145,  article  147  and article 148 of the education law, each member of
such foreign professional service  limited  liability  company  must  be
licensed  pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.
With respect to a foreign professional service limited liability company
which provides licensed clinical social work services as  such  services
are  defined  in  article  154 of the education law, each member of such
foreign professional service limited liability company shall be licensed
pursuant to article 154 of the education law to practice clinical social
work in this state. With  respect  to  a  foreign  professional  service
limited  liability company which provides creative arts therapy services
as such services are defined in article 163 of the education  law,  each
member  of  such  foreign professional service limited liability company
must be licensed pursuant to article 163 of the education law  to  prac-
tice  creative  arts  therapy  in  this state. With respect to a foreign
professional service limited liability company which  provides  marriage
and  family therapy services as such services are defined in article 163
of the education law, each member of such foreign  professional  service
limited  liability  company  must be licensed pursuant to article 163 of
the education law to practice marriage and family therapy in this state.
With respect to a foreign professional service limited liability company
which provides mental health counseling services as  such  services  are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice mental health counseling
in  this  state.  With respect to a foreign professional service limited
liability  company  which  provides  psychoanalysis  services  as   such
services are defined in article 163 of the education law, each member of

A. 4753--A                         13

such  foreign  professional  service  limited  liability company must be
licensed pursuant to article  163  of  the  education  law  to  practice
psychoanalysis in this state.
  (f) "Professional partnership" means (1) a partnership without limited
partners  each  of whose partners is a professional authorized by law to
render a professional service within this state, (2) a partnership with-
out limited partners each of whose partners is a professional, at  least
one of whom is authorized by law to render a professional service within
this  state or (3) a partnership without limited partners authorized by,
or holding a license, certificate, registration or permit issued by  the
licensing  authority  pursuant  to the education law to render a profes-
sional service within this state; except that all partners of a  profes-
sional  partnership that provides medical services in this state must be
licensed pursuant to article 131 of the education law to practice  medi-
cine  in  this state and all partners of a professional partnership that
provides dental services in this state  must  be  licensed  pursuant  to
article  133  of  the education law to practice dentistry in this state;
except that all partners of a  professional  partnership  that  provides
veterinary  services  in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this  state;
and  further except that all partners of a professional partnership that
provides professional engineering, land surveying,  GEOLOGIC,  architec-
tural,  and/or  landscape  architectural  services in this state must be
licensed pursuant to article 145, article 147 and/or article 148 of  the
education law to practice one or more of such professions.
  S 22. Subdivision (b) of section 1302 of the limited liability company
law is amended to read as follows:
  (b)  Each  final  plan  and report made or issued by a foreign profes-
sional service limited liability company practicing  professional  engi-
neering, GEOLOGY, architecture, landscape architecture or land surveying
shall  bear  the  name  and  seal of one or more professional engineers,
PROFESSIONAL  GEOLOGISTS,  architects,  landscape  architects,  or  land
surveyors,  respectively,  who are in responsible charge of such plan or
report.
  S 23. The ninth and fourteenth undesignated paragraphs of section 2 of
the partnership law, the ninth  undesignated  paragraph  as  amended  by
chapter  643  of  the laws of 1995 and the fourteenth undesignated para-
graph as added by chapter 576 of the laws of 1994, are amended  to  read
as follows:
  "Foreign  limited  liability  partnership"  means  (i) any partnership
without limited partners operating under an agreement  governed  by  the
laws  of any jurisdiction, other than this state, each of whose partners
is a professional authorized by law to  render  a  professional  service
within this state and who is or has been engaged in the practice of such
profession  in  such partnership or a predecessor entity, or will engage
in the practice of such profession  in  the  foreign  limited  liability
partnership  within  thirty days of the date of the effectiveness of the
notice provided for in subdivision (a) of section 121-1502 of this chap-
ter or each of whose partners is a professional, at least one of whom is
authorized by law to render a professional service within this state and
who is or has been engaged in the practice of such  profession  in  such
partnership  or  a predecessor entity, or will engage in the practice of
such profession in the  foreign  limited  liability  partnership  within
thirty  days of the date of the effectiveness of the notice provided for
in subdivision (a) of section 121-1502 of this chapter, (ii)  any  part-
nership  without  limited partners operating under an agreement governed

A. 4753--A                         14

by the laws of any jurisdiction, other than this state,  authorized  by,
or  holding a license, certificate, registration or permit issued by the
licensing authority pursuant to, the education law to render  a  profes-
sional  service  within  this  state, which renders or intends to render
professional services within this state and which is  denominated  as  a
registered  limited  liability partnership or limited liability partner-
ship under such laws, regardless of any difference between such laws and
the laws of this state, or (iii) a  foreign  related  limited  liability
partnership;  except  that  all  partners of a foreign limited liability
partnership that provides health, professional engineering, land survey-
ing, GEOLOGIC, architectural and/or landscape architectural services  in
this state shall be licensed in this state.
  "Professional  partnership"  means  (1)  a partnership without limited
partners each of whose partners is a professional authorized by  law  to
render a professional service within this state, (2) a partnership with-
out  limited partners each of whose partners is a professional, at least
one of whom is authorized by law to render a professional service within
this state or (3) a partnership without limited partners authorized  by,
or  holding a license, certificate, registration or permit issued by the
licensing authority pursuant to the education law to  render  a  profes-
sional  service within this state; except that all partners of a profes-
sional partnership that provides medical services in this state must  be
licensed  pursuant to article 131 of the education law to practice medi-
cine in this state and all partners of a professional  partnership  that
provides  dental  services  in  this  state must be licensed pursuant to
article 133 of the education law to practice dentistry  in  this  state;
and  further except that all partners of a professional partnership that
provides professional engineering, land surveying,  GEOLOGIC,  architec-
tural  and/or  landscape  architectural  services  in this state must be
licensed pursuant to article 145, article 147 and/or article 148 of  the
education law to practice one or more of such professions in this state.
  S  24.  Subdivision (q) of section 121-1500 of the partnership law, as
separately amended by chapters 420 and 676  of  the  laws  of  2002,  is
amended to read as follows:
  (q)  Each partner of a registered limited liability partnership formed
to provide medical services in this state must be licensed  pursuant  to
article  131 of the education law to practice medicine in this state and
each partner of a registered limited  liability  partnership  formed  to
provide dental services in this state must be licensed pursuant to arti-
cle  133 of the education law to practice dentistry in this state.  Each
partner of a registered limited liability partnership formed to  provide
veterinary  services  in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this  state.
Each  partner  of  a  registered limited liability partnership formed to
provide professional engineering, GEOLOGICAL SERVICES,  land  surveying,
architectural and/or landscape architectural services in this state must
be  licensed  pursuant to article 145, article 147 and/or article 148 of
the education law to practice one or more of such  professions  in  this
state. Each partner of a registered limited liability partnership formed
to  provide licensed clinical social work services in this state must be
licensed pursuant to article 154 of the education law to practice  clin-
ical  social  work  in  this state. Each partner of a registered limited
liability partnership formed to provide creative arts  therapy  services
in  this state must be licensed pursuant to article 163 of the education
law to practice creative arts therapy in this state. Each partner  of  a
registered  limited liability partnership formed to provide marriage and

A. 4753--A                         15

family therapy services in this state must be licensed pursuant to arti-
cle 163 of the education law to practice marriage and family therapy  in
this  state.  Each partner of a registered limited liability partnership
formed  to  provide mental health counseling services in this state must
be licensed pursuant to article 163 of the  education  law  to  practice
mental  health  counseling  in  this state. Each partner of a registered
limited liability partnership formed to provide psychoanalysis  services
in  this state must be licensed pursuant to article 163 of the education
law to practice psychoanalysis in this state.
  S 25. Subdivision (q) of section 121-1502 of the partnership  law,  as
amended  by  chapter  230  of  the  laws  of 2004, is amended to read as
follows:
  (q) Each partner of a  foreign  limited  liability  partnership  which
provides  medical  services  in  this state must be licensed pursuant to
article 131 of the education law to practice medicine in the  state  and
each  partner  of a foreign limited liability partnership which provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of a
foreign limited liability partnership which provides veterinary  service
in  the state shall be licensed pursuant to article 135 of the education
law to practice veterinary medicine in this state.  Each  partner  of  a
foreign  limited liability partnership which provides professional engi-
neering, land surveying, GEOLOGICAL SERVICES, architectural and/or land-
scape architectural services in this state must be licensed pursuant  to
article  145,  article  147  and/or  article 148 of the education law to
practice one or more of such professions.  Each  partner  of  a  foreign
limited  liability  partnership  which provides licensed clinical social
work services in this state must be licensed pursuant to article 154  of
the  education  law  to  practice  licensed clinical social work in this
state. Each partner of a foreign  limited  liability  partnership  which
provides  creative  arts therapy services in this state must be licensed
pursuant to article 163 of the education law to practice  creative  arts
therapy in this state. Each partner of a foreign limited liability part-
nership  which  provides  marriage  and  family therapy services in this
state must be licensed pursuant to article 163 of the education  law  to
practice  marriage  and  family therapy in this state. Each partner of a
foreign limited liability partnership which provides mental health coun-
seling services in this state must be licensed pursuant to  article  163
of the education law to practice mental health counseling in this state.
Each  partner  of a foreign limited liability partnership which provides
psychoanalysis services in this state must be licensed pursuant to arti-
cle 163 of the education law to practice psychoanalysis in this state.
  S 26. This act shall take effect two years after the date on which  it
shall have become a law.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4753--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2013
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, CAHILL, ROSENTHAL, COLTON, SCHIMEL,
  JAFFEE, LUPARDO, ABINANTI, ZEBROWSKI, THIELE,  COOK,  STECK,  ROBERTS,
  MONTESANO,  WALTER  -- Multi-Sponsored by -- M. of A. ARROYO, BOYLAND,
  BRENNAN, CUSICK, DUPREY, FAHY, GABRYSZAK, GUNTHER, JACOBS,  LUPINACCI,
  McDONOUGH, STEVENSON, SWEENEY, TITONE -- read once and referred to the
  Committee  on  Higher Education -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee

AN ACT to amend the education law, the  business  corporation  law,  the
  limited  liability company law and the partnership law, in relation to
  providing for the licensing of  the  profession  of  geology;  and  to
  repeal  section  12  of  chapter 550 of the laws of 2011, amending the
  business corporation law and the  education  law  relating  to  design
  professional service corporations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The article heading of article 145 of the  education  law,
as  added  by  chapter  987  of  the laws of 1971, is amended to read as
follows:
                    ENGINEERING [AND], LAND SURVEYING
                               AND GEOLOGY
  S 2. Section 7200 of the education law, as added by chapter 987 of the
laws of 1971, is amended to read as follows:
  S 7200. Introduction.   This article applies  to  the  professions  of
engineering  [and],  land  surveying AND GEOLOGY. The general provisions
for all professions contained in article  one  hundred  thirty  of  this
title apply to this article.
  S 3. The education law is amended by adding three new sections 7204-a,
7204-b and 7206-b to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08800-04-3

              

A. 4753--B                          2

  S 7204-A. DEFINITION OF THE PROFESSION OF GEOLOGY. THE PRACTICE OF THE
PROFESSION OF GEOLOGY IS DEFINED AS PERFORMING PROFESSIONAL SERVICE SUCH
AS   RESEARCHING,  INVESTIGATING,  CONSULTING  AND  GEOLOGICAL  MAPPING,
DESCRIBING THE NATURAL PROCESSES THAT ACT UPON  THE  EARTH'S  MATERIALS,
PREDICTING  THE PROBABLE OCCURRENCE OF NATURAL RESOURCES, PREDICTING AND
LOCATING NATURAL OR HUMAN-INDUCED  PHENOMENA  WHICH  MAY  BE  USEFUL  OR
HAZARDOUS  TO  HUMANKIND  AND  RECOGNIZING,  DETERMINING  AND EVALUATING
GEOLOGICAL FACTORS, AND THE INSPECTION  AND  PERFORMANCE  OF  GEOLOGICAL
WORK  AND  THE  RESPONSIBLE  SUPERVISION  THEREOF  IN FURTHERANCE OF THE
HEALTH, SAFETY AND  WELFARE  OF  THE  PUBLIC;  PROVIDED,  HOWEVER,  THAT
GEOLOGICAL  MAPPING  SHALL NOT INCLUDE THE PRACTICE OF LAND SURVEYING AS
DEFINED IN SECTION SEVENTY-TWO HUNDRED THREE OF THIS ARTICLE.
  S 7204-B. PRACTICE OF GEOLOGY AND THE USE OF TITLE "PROFESSIONAL GEOL-
OGIST".  ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER THIS ARTI-
CLE SHALL PRACTICE GEOLOGY OR USE THE TITLE "PROFESSIONAL GEOLOGIST".
  S 7206-B. REQUIREMENTS FOR A LICENSE AS A PROFESSIONAL  GEOLOGIST.  1.
TO QUALIFY FOR A LICENSE AS A PROFESSIONAL GEOLOGIST, AN APPLICANT SHALL
FULFILL THE FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B)  EDUCATION:  HAVE RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S OR
HIGHER DEGREE IN GEOLOGICAL SCIENCES, IN ACCORDANCE WITH THE COMMISSION-
ER'S REGULATIONS;
  (C) EXPERIENCE: HAVE AT LEAST FIVE YEARS PRACTICAL  EXPERIENCE  SATIS-
FACTORY  TO  THE BOARD IN APPROPRIATE GEOLOGICAL WORK; UP TO ONE YEAR OF
EXPERIENCE MAY BE CREDITED FOR AN ADVANCED DEGREE (MASTERS, DOCTORATE OR
AN EQUIVALENT THEREOF)  IN  ACCORDANCE  WITH  THE  COMMISSIONER'S  REGU-
LATIONS;
  (D)  EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
  (G) FEES: PAY A FEE OF TWO HUNDRED TWENTY DOLLARS  TO  THE  DEPARTMENT
FOR  ADMISSION  TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE, AND A FEE OF TWO HUNDRED TEN DOLLARS FOR EACH TRIENNIAL  REGIS-
TRATION PERIOD.
  2.  IN  LIEU  OF  THE  DEGREE AND EXPERIENCE REQUIREMENTS SPECIFIED IN
PARAGRAPHS (B) AND (C) OF SUBDIVISION ONE OF THIS SECTION, TWELVE  YEARS
OF  PRACTICAL  EXPERIENCE  IN  GEOLOGICAL  WORK OF A GRADE AND CHARACTER
SATISFACTORY TO THE BOARD MAY BE ACCEPTED BY THE DEPARTMENT.
  3.  FOR AN IDENTIFICATION CARD AS AN "INTERN GEOLOGIST", AN  APPLICANT
SHALL  FULFILL  THE  REQUIREMENTS  OF  SUBDIVISION  ONE OF THIS SECTION,
EXCEPT THOSE IN PARAGRAPHS (C) AND (E)  OF  SUCH  SUBDIVISION,  PROVIDED
THAT  ADMISSION  TO  THE  EXAMINATION MAY BE GIVEN WHEN THE APPLICANT IS
WITHIN TWENTY CREDITS OF THE COMPLETION OF THE REQUIREMENTS OF THE BACH-
ELOR'S DEGREE OR HIGHER AS PRESCRIBED IN PARAGRAPH  (B)  OF  SUBDIVISION
ONE  OF THIS SECTION, OR HAS COMPLETED THE PRACTICAL EXPERIENCE REQUIRE-
MENT OF SUBDIVISION TWO OF THIS SECTION. THE FEE FOR THE EXAMINATION AND
IDENTIFICATION CARD AS AN "INTERN GEOLOGIST" SHALL  BE  SEVENTY  DOLLARS
AND THE FEE FOR EACH REEXAMINATION SHALL BE SEVENTY DOLLARS.
  4.  AN  APPLICANT  WHO APPLIES FOR LICENSURE WITHIN ONE YEAR AFTER THE
EFFECTIVE DATE OF THIS SECTION SHALL BE QUALIFIED FOR  A  LICENSE  AS  A
PROFESSIONAL  GEOLOGIST  WITHOUT  A WRITTEN EXAMINATION IF THE APPLICANT
HAS SATISFIED THE REQUIREMENTS OF  EDUCATION  AND  DEGREE  DESCRIBED  IN
PARAGRAPHS  (B)  AND  (C)  OF SUBDIVISION ONE OR SUBDIVISION TWO OF THIS
SECTION NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.

A. 4753--B                          3

  S 4. Section 7205 of the education law, as amended by chapter  521  of
the laws of 1998, is amended to read as follows:
  S 7205. State board for engineering [and], land surveying AND GEOLOGY.
A state board for engineering [and], land surveying AND GEOLOGY shall be
appointed  by the board of regents on recommendation of the commissioner
for the purpose of assisting the board of regents and the department  on
matters of professional licensing and professional conduct in accordance
with  section sixty-five hundred eight of this title. The board shall be
composed of not less than seven professional engineers [and],  not  less
than  two  land  surveyors AND NOT LESS THAN TWO PROFESSIONAL GEOLOGISTS
licensed in this state.  An executive secretary to the  board  shall  be
appointed  by the board of regents on recommendation of the commissioner
and shall be a professional engineer [or], land surveyor OR PROFESSIONAL
GEOLOGIST licensed in this state.
  S 5.  Subdivision 2 of section 7207 of the education law, as added  by
chapter 987 of the laws of 1971, is amended to read as follows:
  2.  A limited permit to practice as a professional engineer [or], land
surveyor OR PROFESSIONAL GEOLOGIST in this state may be  issued  by  the
department to a person not a resident in this state and having no estab-
lished  place  of  practice  in  this state, when such practice does not
aggregate more than thirty days in any calendar year, provided that such
person is legally qualified to practice in his own state or country. The
limited permit authorizing such right to practice in  this  state  shall
specify  the dates within the calendar year when such right may be exer-
cised.
  S 6. Subdivision 3 of section 7207 of the education law is  renumbered
subdivision 4 and a new subdivision 3 is added to read as follows:
  3.  ON RECOMMENDATION OF THE BOARD, THE DEPARTMENT MAY ISSUE A LIMITED
PERMIT TO PRACTICE GEOLOGY TO A GEOLOGIST NOT A RESIDENT OF  THIS  STATE
AND HAVING NO ESTABLISHED PLACE OF PRACTICE IN THIS STATE WHO IS LEGALLY
QUALIFIED  TO  PRACTICE  AS SUCH IN HIS OR HER OWN COUNTRY OR STATE WITH
STANDARDS EQUIVALENT TO THOSE ENUMERATED IN THIS ARTICLE AND WHO SUBMITS
EVIDENCE SATISFACTORY TO THE BOARD ESTABLISHED  AND  RECOGNIZED  PROFES-
SIONAL  STANDING  IN  HIS  OR  HER  OWN COUNTRY OR STATE AND WHO SUBMITS
SATISFACTORY CERTIFICATION AS TO CHARACTER AND  QUALIFICATIONS  FROM  AT
LEAST  TWO  PROFESSIONAL  GEOLOGISTS, ONE OF WHOM SHALL BE A RESIDENT OF
THIS STATE. SUCH LIMITED PERMIT SHALL BE  ISSUED  SOLELY  IN  CONNECTION
WITH THE SPECIFIC PROJECT FOR WHICH SUCH LIMITED PERMIT IS GRANTED.
  S  7.  The  section  heading  of section 7208 of the education law, as
added by chapter 987 of the laws of 1971, is amended to read as follows:
  Exempt persons FOR THE PROFESSIONS OF ENGINEERING AND LAND SURVEYING.
  S 8. The education law is amended by adding a new  section  7208-a  to
read as follows:
  S  7208-A. EXEMPT PERSONS FOR THE PROFESSION OF GEOLOGY.  THIS ARTICLE
SHALL NOT BE CONSTRUED TO AFFECT OR PREVENT THE FOLLOWING, PROVIDED THAT
NO TITLE, SIGN CARD OR DEVICE SHALL BE USED IN SUCH A MANNER AS TO  TEND
TO  CONVEY  THE  IMPRESSION  THAT THE PERSON RENDERING SUCH SERVICE IS A
PROFESSIONAL GEOLOGIST LICENSED IN THIS STATE OR IS PRACTICING GEOLOGY.
  1. THE EMPLOYMENT AND SUPERVISION OF INTERNS AND OTHER PERSONS  QUALI-
FIED BY EDUCATION OR EXPERIENCE BY PROFESSIONAL GEOLOGISTS AS ASSISTANTS
IN  THE PERFORMANCE OF GEOLOGICAL SERVICES, OR AS CONSULTANTS OR EMPLOY-
EES IN SPECIAL FIELDS RELATED TO BUT NOT UNIQUELY GEOLOGY, PROVIDED THAT
THE PROFESSIONAL GEOLOGIST EMPLOYING OR SUPERVISING SUCH  PERSONS  SHALL
NOT  BE  RELIEVED OF ANY RESPONSIBILITY WHATSOEVER BY DELEGATION TO SUCH
PERSONS.

A. 4753--B                          4

  2. THE PRACTICE OF PROFESSIONAL ENGINEERING BY A PROFESSIONAL ENGINEER
LICENSED PURSUANT TO THIS ARTICLE TO PRACTICE ENGINEERING IN THIS  STATE
OR  AN  ENTITY AUTHORIZED PURSUANT TO SECTION SEVENTY-TWO HUNDRED TEN OF
THIS ARTICLE TO PROVIDE ENGINEERING IN THIS STATE, INCLUDING THE  INVES-
TIGATION,  ACQUISITION,  EVALUATION,  AND INTERPRETATION OF THE PHYSICAL
AND CHEMICAL PROPERTIES OF THE SOIL, ROCK, GROUNDWATER, EARTH  MATERIALS
AND DATA RELATED THERETO, AND THE PERFORMANCE OF ACTIVITIES AS SPECIFIED
IN  SECTION SEVENTY-TWO HUNDRED FOUR-A OF THIS ARTICLE, PROVIDED THAT NO
SUCH PERSON SHALL USE THE DESIGNATION, OR HOLD HIMSELF OR HERSELF OUT AS
A "PROFESSIONAL GEOLOGIST," UNLESS LICENSED AS SUCH IN THIS STATE.
  3. THE PRACTICE OF LAND SURVEYING BY ANY PERSON THAT  IS  LICENSED  OR
OTHERWISE  AUTHORIZED TO PRACTICE LAND SURVEYING IN THIS STATE, PROVIDED
THAT NO SUCH PERSON SHALL USE THE DESIGNATION OR HOLD HIMSELF OR HERSELF
OUT AS A "PROFESSIONAL GEOLOGIST" UNLESS LICENSED AS SUCH IN THIS STATE.
  4. THE EXECUTION OF WORK BY CONTRACTORS OR BY OTHERS OF WORK  PREPARED
BY  A  PROFESSIONAL  GEOLOGIST, OR THE SUPERINTENDENCE OF SUCH WORK AS A
SUPERINTENDENT, FOREMAN OR INSPECTOR.
  5.  THE PRACTICE OF THE PROFESSION OF GEOLOGY BY OFFICERS AND  EMPLOY-
EES OF THIS STATE PRACTICING SOLELY AS OFFICERS AND EMPLOYEES; PROVIDED,
HOWEVER,  THAT  THIS EXEMPTION SHALL NOT APPLY TO OFFICERS AND EMPLOYEES
OF THE STATE OF NEW YORK WHO COMMENCE EMPLOYMENT OR THE  PERFORMANCE  OF
WORK RELATED ACTIVITIES AFTER THE EFFECTIVE DATE OF THIS SECTION.
  6.  THE  EXECUTION OF GEOLOGICAL RESEARCH AND/OR TEACHING CONDUCTED AT
ACCREDITED EDUCATIONAL INSTITUTIONS AND NOT-FOR-PROFIT  RESEARCH  INSTI-
TUTIONS, CONDUCTED SOLELY THROUGH THOSE INSTITUTIONS.
  7.  WORK  CUSTOMARILY  PERFORMED  BY  PHYSICAL  OR  NATURAL SCIENTISTS
PROVIDED SUCH WORK DOES NOT INCLUDE GEOLOGICAL INVESTIGATIONS, BEING  IN
RESPONSIBLE  CHARGE  OF  GEOLOGICAL  WORK,  OR THE DRAWING OF GEOLOGICAL
CONCLUSIONS AND RECOMMENDATIONS.
  8. WORK CUSTOMARILY PERFORMED BY WATER WELL DRILLERS WHO HAVE RECEIVED
A CERTIFICATE OF REGISTRATION PURSUANT TO SECTION 15-1525 OF  THE  ENVI-
RONMENTAL CONSERVATION LAW.
  S  9.  Subdivisions  1,  2 and 4 of section 7209 of the education law,
subdivisions 1 and 2 as added by chapter 987 of the laws  of  1971,  the
opening paragraph of subdivision 1 as amended by chapter 994 of the laws
of 1971 and subdivision 4 as amended by chapter 550 of the laws of 2011,
are amended to read as follows:
  1.  Every professional engineer [and every], land surveyor AND PROFES-
SIONAL GEOLOGIST shall have a seal, approved by the board,  which  shall
contain  the  name  of the professional engineer and the words "Licensed
Professional Engineer" [or], the name of the land surveyor and the words
"Licensed Land Surveyor" OR THE NAME OF THE PROFESSIONAL  GEOLOGIST  AND
THE  WORDS  "LICENSED  PROFESSIONAL  GEOLOGIST", and such other words or
figures as the board may  deem  necessary.  All  plans,  specifications,
plats  and  reports relating to the construction or alteration of build-
ings or structures, OR GEOLOGIC DRAWINGS AND REPORTS  prepared  by  such
professional  engineer  [and],  all  plans,  specifications,  plats  and
reports prepared by such land surveyor AND  ALL  GEOLOGIC  DRAWINGS  AND
REPORTS  PREPARED  BY  SUCH  PROFESSIONAL GEOLOGIST or by a full-time or
part-time subordinate under his OR HER  supervision,  shall  be  stamped
with  such  seal  and  shall  also  be  signed, on the original with the
personal signature of such professional engineer [or], land surveyor  OR
PROFESSIONAL  GEOLOGIST when filed with public officials. No official of
this state, or of any city, county, town  or  village  therein,  charged
with  the enforcement of laws, ordinances or regulations shall accept or

A. 4753--B                          5

approve any plans [or], specifications, OR GEOLOGIC DRAWINGS OR  REPORTS
that are not stamped:
  a.  With  the  seal  of  an architect or professional engineer or land
surveyor OR PROFESSIONAL GEOLOGIST licensed in this  state  and  bearing
the  authorized  facsimile of the signature of such architect or profes-
sional engineer or land surveyor OR PROFESSIONAL GEOLOGIST, or
  b. With the official seal and authorized facsimile of the signature of
a professional engineer or land surveyor OR PROFESSIONAL GEOLOGIST not a
resident of this state and having no established business in this state,
but who is legally qualified to practice as such in his OR HER own state
or country, provided that such person may lawfully practice as  such  in
this state, and provided further that the plans [or], specifications, OR
GEOLOGIC DRAWINGS OR REPORTS are accompanied by and have attached there-
to  written  authorization  issued  by the department certifying to such
right to practice at such time.
  2. A. To all plans, specifications, plats and  reports  to  which  the
seal of a professional engineer or land surveyor has been applied, there
shall  also  be applied a stamp with appropriate wording warning that it
is a violation of this [law] ARTICLE for any person, unless he OR SHE is
acting under the direction of a licensed professional engineer  or  land
surveyor, to alter an item in any way. If an item bearing the seal of an
engineer  or  land  surveyor  is  altered, the altering engineer or land
surveyor shall affix to the item  his  OR  HER  seal  and  the  notation
"altered  by"  followed  by  his  OR  HER signature and the date of such
alteration, and a specific description of the alteration.
  B. TO ALL GEOLOGIC DRAWINGS AND REPORTS TO WHICH THE SEAL OF A PROFES-
SIONAL GEOLOGIST OR PROFESSIONAL ENGINEER HAS BEEN APPLIED, THERE  SHALL
ALSO  BE  APPLIED  A STAMP WITH APPROPRIATE WORDING WARNING THAT IT IS A
VIOLATION OF THIS ARTICLE FOR ANY PERSON, UNLESS HE  OR  SHE  IS  ACTING
UNDER  THE  DIRECTION  OF A PROFESSIONAL GEOLOGIST OR PROFESSIONAL ENGI-
NEER, TO ALTER A DRAWING OR REPORT IN ANY WAY. IF AN  ITEM  BEARING  THE
SEAL  OF  A  LICENSED PROFESSIONAL GEOLOGIST OR PROFESSIONAL ENGINEER IS
ALTERED, THE ALTERING PARTY SHALL AFFIX TO THE ITEM HIS OR HER SEAL  AND
THE  NOTATION "ALTERED BY" FOLLOWED BY HIS OR HER SIGNATURE AND THE DATE
OF SUCH ALTERATION, AND A SPECIFIC DESCRIPTION OF THE ALTERATION.  NOTH-
ING  CONTAINED  IN  THIS  ARTICLE SHALL BE DEEMED TO AUTHORIZE A PROFES-
SIONAL GEOLOGIST TO PRACTICE PROFESSIONAL ENGINEERING UNLESS HE  OR  SHE
IS LICENSED AS A PROFESSIONAL ENGINEER PURSUANT TO THIS ARTICLE.
  4.  Engineers,  land  surveyors, GEOLOGISTS, architects, and landscape
architects may join in the formation of a joint enterprise, or  a  part-
nership  or  a professional service corporation or a design professional
service  corporation  or  may  form  any  desired  combination  of  such
professions and may use in the name of such corporation the title of any
of  the  professions  which  will  be  practiced. After the name of each
member his or her profession shall be indicated.
  S 10. Subdivision 1 of section 7210 of the education law,  as  amended
by chapter 550 of the laws of 2011, is amended to read as follows:
  1.  Domestic  or  foreign  professional  service  corporations, design
professional service corporations, professional service limited  liabil-
ity companies, foreign professional service limited liability companies,
registered  limited  liability partnerships, New York registered foreign
limited liability partnerships, partnerships and joint enterprises spec-
ified in subdivision four of section seventy-two hundred  nine  of  this
article,  provided  each  of  the  foregoing  entities  is authorized to
provide professional engineering [or], land  surveying  OR  PROFESSIONAL
GEOLOGY services and general business corporations authorized to provide

A. 4753--B                          6

professional engineering or land surveying services pursuant to subdivi-
sion  six  of section seventy-two hundred nine of this article may offer
to provide or provide professional engineering [or], land  surveying  OR
PROFESSIONAL  GEOLOGY  services  only  after  obtaining a certificate of
authorization from the department. Except  as  otherwise  authorized  by
statute,  rule or regulation, other business entities are not authorized
to offer or provide professional engineering  [or],  land  surveying  OR
PROFESSIONAL GEOLOGY services and may not obtain certificates of author-
ization  provided  that nothing contained herein shall prohibit an indi-
vidual who is licensed to practice professional engineering  [or],  land
surveying  OR  PROFESSIONAL  GEOLOGY under this article from obtaining a
certificate of authorization upon application and payment of the  appro-
priate fees provided for under this section.
  S  11.  Subdivision 2 of section 7307 of the education law, as amended
by chapter 550 of the laws of 2011, is amended to read as follows:
  2. Engineers, land surveyors,  GEOLOGISTS,  architects  and  landscape
architects  may  join in the formation of a joint enterprise, or a part-
nership or a professional service corporation or a  design  professional
service  corporation  or  may  form  any  desired  combination  of  such
professions and may use in the name of such corporation the title of any
of the professions which will be  practiced.  After  the  name  of  each
member his or her profession shall be indicated.
  S  12.  Subdivision 2 of section 7327 of the education law, as amended
by chapter 550 of the laws of 2011, is amended to read as follows:
  2. Engineers, land surveyors,  GEOLOGISTS,  architects  and  landscape
architects  may  join in the formation of a joint enterprise, or a part-
nership or a professional service corporation or a  design  professional
service  corporation  or  may  form  any  desired  combination  of  such
professions and may use in the name of such corporation the title of any
of the professions which will be  practiced.  After  the  name  of  each
member his or her profession shall be indicated.
  S  13.   Paragraphs (g) and (h) of section 1501 of the business corpo-
ration law, as added by chapter 9 of the laws of 2013,  are  amended  to
read as follows:
  (g) "Design  professional  service  corporation"  means  a corporation
organized under this article practicing professional engineering, archi-
tecture, landscape architecture, GEOLOGY, or land surveying, or practic-
ing any combination of such professions. The provisions of this  article
applicable  to  professional  service corporations shall apply to design
professional  service  corporations  except  to  the  extent  that   any
provision  is either inconsistent with a provision expressly applying to
design professional service corporations or not relevant thereto.
  (h) "Design professional" means an individual licensed and  registered
pursuant  to  title  eight of the education law to practice professional
engineering,  architecture,  landscape  architecture,  GEOLOGY  or  land
surveying.
  S  14.  Paragraph (a) of section 1503 of the business corporation law,
as amended by chapter 550 of the laws of 2011, is  amended  to  read  as
follows:
  (a)  Notwithstanding  any other provision of law, one or more individ-
uals duly authorized by law to  render  the  same  professional  service
within  the state may organize, or cause to be organized, a professional
service corporation for pecuniary profit  under  this  article  for  the
purpose  of  rendering the same professional service, except that one or
more individuals duly authorized by law to practice  professional  engi-
neering,  architecture,  landscape  architecture [or], land surveying OR

A. 4753--B                          7

GEOLOGY within the state may organize,  or  cause  to  be  organized,  a
professional service corporation or a design professional service corpo-
ration  for  pecuniary  profit  under  this  article  for the purpose of
rendering  such professional services as such individuals are authorized
to practice.
  S 15.  The opening paragraph of paragraph (b-5) of section 1503 of the
business corporation law, as amended by chapter 9 of the laws  of  2013,
is amended to read as follows:
  On  or  after  January first, two thousand twelve, the state education
department and the department of state shall allow an  existing  profes-
sional  service  corporation organized under this article and practicing
professional engineering, architecture, landscape architecture,  GEOLOGY
or  land surveying, or practicing any combination of such professions to
become a design professional service  corporation  as  defined  in  this
article,  provided the professional service corporation meets all of the
requirements  to  become  a  design  professional  service  corporation,
including  that  its  name shall end with the words "design professional
corporation" or the abbreviation "D.P.C.", by amending  its  certificate
of incorporation so that it contains the following statements:
  S  16.  Paragraph (b) of section 1504 of the business corporation law,
as amended by chapter 550 of the laws of 2011, is  amended  to  read  as
follows:
  (b)  Each  final plan and report made or issued by a corporation prac-
ticing one or more  of  the  professions  of  professional  engineering,
architecture,  landscape  architecture  [or],  land surveying OR GEOLOGY
shall bear the name and seal of  one  or  more  professional  engineers,
architects,  landscape  architects,  [or] land surveyors OR PROFESSIONAL
GEOLOGISTS, respectively, who are in responsible charge of such plan  or
report.
  S  17.  Section  12  of  chapter 550 of the laws of 2011, amending the
business corporation law  and  the  education  law  relating  to  design
professional service corporations, is REPEALED.
  S  18.  Section  1516  of  the business corporation law, as amended by
chapter 564 of the laws of 2011, is amended to read as follows:
S 1516. Corporate mergers, consolidations and other reorganizations.
  (a) Notwithstanding any inconsistent provision of  this  article,  AND
SUBJECT  TO  THE LIMITATIONS IN PARAGRAPH (D) OF THIS SECTION, a profes-
sional service corporation,  INCLUDING  A  DESIGN  PROFESSIONAL  SERVICE
CORPORATION, pursuant to the provisions of article nine of this chapter,
may  be  merged or consolidated with another corporation formed pursuant
to the provisions of this chapter [or], with  a  corporation  authorized
and  registered to practice the same profession pursuant to the applica-
ble provisions of subdivision six of section seventy-two hundred nine of
the education law (engineer or land surveyor) [or], subdivision four  of
section  seventy-three hundred seven of the education law (architect) OR
SUBDIVISION FOUR OF SECTION SEVENTY-THREE HUNDRED  TWENTY-SEVEN  OF  THE
EDUCATION  LAW  (LANDSCAPE  ARCHITECT) of [article] ARTICLES one hundred
forty-five, ONE HUNDRED FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT  of  the
education  law,  or with a foreign corporation, or other business entity
practicing the same profession or professions in this state or the state
of its formation, or may be otherwise  reorganized,  provided  that  the
corporation  which  survives  or  which  is formed pursuant thereto is a
professional service corporation, A DESIGN PROFESSIONAL  SERVICE  CORPO-
RATION,  a  professional  service limited liability company or a foreign
professional service  corporation  practicing  the  same  profession  or
professions  in  this  state or the state of incorporation or, if one of

A. 4753--B                          8

the original corporations is authorized  to  practice  pursuant  to  the
provisions of either subdivision six of section seventy-two hundred nine
[or],  subdivision four of section seventy-three hundred seven OR SUBDI-
VISION  FOUR  OF SECTION SEVENTY-THREE HUNDRED TWENTY-FOUR OF THE EDUCA-
TION LAW, a corporation authorized and registered to practice  the  same
profession  pursuant  to the applicable provisions of subdivision six of
section seventy-two hundred nine of the education law (engineer or  land
surveyor)  [or], subdivision four of section seventy-three hundred seven
of the education law  (architect)  of  [article]  ARTICLES  one  hundred
forty-five,  ONE  HUNDRED  FORTY-SEVEN  AND  ONE  HUNDRED FORTY-EIGHT OR
SUBDIVISION FOUR OF SECTION SEVENTY-THREE HUNDRED  TWENTY-SEVEN  of  the
education law.
  (b)  If  the  surviving business entity is a professional corporation,
the restrictions on the issuance,  transfer  or  sale  of  shares  of  a
professional service corporation OR A DESIGN PROFESSIONAL SERVICE CORPO-
RATION  shall  be  suspended for a period not exceeding thirty days with
respect to any issuance, transfer or sale of  shares  made  pursuant  to
such  merger,  consolidation  or  reorganization,  provided that: (i) no
person who would not be eligible to be a shareholder in the  absence  of
this  section  shall vote the shares of or receive any distribution from
such corporation; (ii) after such merger, consolidation  or  reorganiza-
tion,  any  professional  service  corporation  OR A DESIGN PROFESSIONAL
SERVICE CORPORATION which survives or which is created thereby shall  be
subject to all of the provisions of this article; and (iii) shares ther-
eafter only may be held by persons who are eligible to receive shares of
such  professional  service  corporation,  DESIGN  PROFESSIONAL  SERVICE
CORPORATION or such other corporation authorized and registered to prac-
tice the same profession pursuant to the applicable provisions of subdi-
vision six of section seventy-two hundred  nine  of  the  education  law
(engineer  or  land surveyor) [or], subdivision four of section seventy-
three hundred seven of the education law (architect) OR SUBDIVISION FOUR
OF SECTION SEVENTY-THREE  HUNDRED  TWENTY-SEVEN  OF  THE  EDUCATION  LAW
(LANDSCAPE  ARCHITECT) of [article] ARTICLES one hundred forty-five, ONE
HUNDRED FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT of  the  education  law,
which  survives.  Nothing herein contained shall be construed as permit-
ting the practice of a profession in this state by a  corporation  which
is  not  incorporated  pursuant  to  the  provisions  of this article or
authorized to do business in this state pursuant to  the  provisions  of
article  fifteen-A  of  this chapter, AUTHORIZED PURSUANT TO SUBDIVISION
SIX OF SECTION SEVENTY-TWO HUNDRED NINE OF THE EDUCATION LAW, AUTHORIZED
PURSUANT TO SUBDIVISION FOUR OF SECTION SEVENTY-THREE HUNDRED  SEVEN  OF
THE  EDUCATION  LAW,  AUTHORIZED PURSUANT TO SUBDIVISION FOUR OF SECTION
SEVENTY-THREE HUNDRED TWENTY-SEVEN OF THE EDUCATION  LAW  or  authorized
and  registered  to  practice  a  profession  pursuant to the applicable
provisions of article one hundred forty-five, ONE HUNDRED FORTY-SEVEN OR
ONE HUNDRED FORTY-EIGHT of the education law. For the purposes  of  this
section, other reorganizations shall be limited to those reorganizations
defined  in  paragraph  one  of  subsection (a) of section three hundred
sixty-eight of the internal revenue code.
  (c) If the surviving business entity is a professional service limited
liability company, the restrictions on the issuance, transfer or sale of
membership interests of a professional service limited liability company
other than the requirements of the first two  sentences  of  subdivision
(c)  of  section  twelve hundred eleven of the limited liability company
law, shall be suspended for a period  not  exceeding  thirty  days  with
respect  to  any issuance, transfer or sale of membership interests made

A. 4753--B                          9

pursuant to such merger or consolidation, provided that: (i)  no  person
or  business  entity  who  would  not  be eligible to be a member in the
absence of this section shall vote or receive any distribution from such
limited  liability company; (ii) after such merger or consolidation, any
professional service limited liability company that survives or that  is
created  thereby  shall  be subject to all the provisions of the limited
liability company law; and (iii) membership interests thereafter may  be
held  only  by  persons  or  business  entities who are eligible to be a
member of such professional service limited liability  company.  Nothing
herein  contained  shall  be  construed  as permitting the practice of a
profession in this state by a limited  liability  company  that  is  not
formed  pursuant  to the provisions of the limited liability company law
or authorized to do business in the state pursuant to the provisions  of
article thirteen of the limited liability company law.
  (D)  NOTWITHSTANDING  THE  PROVISIONS CONTAINED IN PARAGRAPHS (A), (B)
AND (C) OF THIS SECTION,  NO  DESIGN  PROFESSIONAL  SERVICE  CORPORATION
SHALL  BE MERGED OR CONSOLIDATED WITH ANY ENTITY UNLESS SUCH ENTITY IS A
PROFESSIONAL BUSINESS ORGANIZATION LAWFULLY ORGANIZED TO PROVIDE PROFES-
SIONAL SERVICES PURSUANT TO ARTICLES ONE HUNDRED FORTY-FIVE, ONE HUNDRED
FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT OF THE EDUCATION LAW.
  S 19. Paragraph (b) of section 1526 of the business  corporation  law,
as  added  by  chapter  505  of  the laws of 1983, is amended to read as
follows:
  (b) Each final plan, DRAWING and report made or issued  by  a  foreign
professional  service  corporation  practicing professional engineering,
architecture, landscape architecture, GEOLOGY or  land  surveying  shall
bear  the  name  and  seal of one or more professional engineers, archi-
tects, landscape architects, PROFESSIONAL GEOLOGISTS or land  surveyors,
respectively, who are in responsible charge of such plan or report.
  S  20.  Section  1529  of  the business corporation law, as amended by
chapter 576 of the laws of 1994, is amended to read as follows:
S 1529. Business corporation law applicable.
  Except for the provisions of sections thirteen hundred three, thirteen
hundred four, thirteen hundred sixteen, thirteen hundred  seventeen  and
thirteen  hundred  twenty, this chapter shall be applicable to a foreign
professional service corporation to the extent that the provisions ther-
eof are not in conflict with the provisions of this article.  A  foreign
professional  service  corporation  may  practice  in this state, or may
consolidate or merge with another corporation, or may be a member  of  a
professional  service  limited liability company, a foreign professional
service limited liability company, a registered limited liability  part-
nership  or  foreign  limited  liability partnership, only if all of the
professions practiced by such corporations, limited liability  companies
or limited liability partnerships could be practiced by a single profes-
sional  service  corporation organized in this state; and, further, only
if such foreign professional service corporation is domiciled in a state
or territory of the United States the laws of  which,  at  the  time  of
application  by such corporation under section fifteen hundred thirty of
this article, contain a reciprocal provision  under  which  professional
service corporations domiciled in this state may similarly apply for the
privilege  of  doing  business  in any such state or territory; provided
further however, that nothing herein shall authorize a  foreign  profes-
sional  service  corporation  practicing  professional engineering, land
surveying, GEOLOGY, architecture and/or landscape architecture to  be  a
member or partner of a professional service limited liability company, a
foreign  professional  service  limited  liability company, a registered

A. 4753--B                         10

limited liability partnership or a foreign limited liability partnership
unless all of the shareholders, directors and officers of  such  foreign
professional service corporation are licensed to practice one or more of
such professions in this state.
  S 21. Subdivision (a) of section 1203 of the limited liability company
law,  as separately amended by chapters 420 and 676 of the laws of 2002,
is amended to read as follows:
  (a) Notwithstanding the education law or any other provision  of  law,
one  or more professionals each of whom is authorized by law to render a
professional service within the state, or one or more professionals,  at
least  one of whom is authorized by law to render a professional service
within the state, may form,  or  cause  to  be  formed,  a  professional
service  limited liability company for pecuniary profit under this arti-
cle for the purpose of rendering the professional service or services as
such professionals are authorized to practice. With respect to a profes-
sional service limited  liability  company  formed  to  provide  medical
services  as  such  services are defined in article 131 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article  131  of the education law to practice medicine in
this state. With respect to a  professional  service  limited  liability
company  formed  to provide dental services as such services are defined
in article 133 of the education law, each member of such limited liabil-
ity company must be licensed pursuant to article 133  of  the  education
law  to practice dentistry in this state. With respect to a professional
service limited liability company formed to provide veterinary  services
as  such  services are defined in article 135 of the education law, each
member of such limited liability company must be  licensed  pursuant  to
article 135 of the education law to practice veterinary medicine in this
state.  With respect to a professional service limited liability company
formed to provide professional engineering,  land  surveying,  architec-
tural  [and/or],  landscape  architectural AND/OR GEOLOGICAL services as
such services are defined in article 145, article 147 and article 148 of
the education law, each member of such limited liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of  the
education law to practice one or more of such professions in this state.
With  respect to a professional service limited liability company formed
to provide licensed clinical social work services as such  services  are
defined in article 154 of the education law, each member of such limited
liability  company  shall  be  licensed  pursuant  to article 154 of the
education law to practice licensed clinical social work in  this  state.
With  respect to a professional service limited liability company formed
to provide creative arts therapy services as such services  are  defined
in article 163 of the education law, each member of such limited liabil-
ity  company  must  be licensed pursuant to article 163 of the education
law to practice creative arts therapy in this state. With respect  to  a
professional   service  limited  liability  company  formed  to  provide
marriage and family therapy services as such  services  are  defined  in
article  163 of the education law, each member of such limited liability
company must be licensed pursuant to article 163 of the education law to
practice marriage and family therapy in this state.  With respect  to  a
professional  service limited liability company formed to provide mental
health counseling services as such services are defined in  article  163
of the education law, each member of such limited liability company must
be  licensed  pursuant  to  article 163 of the education law to practice
mental health counseling in this state. With respect to  a  professional
service  limited  liability  company  formed  to  provide psychoanalysis

A. 4753--B                         11

services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 163 of the education law to practice  psychoanalysis
in  this  state.    In  addition  to  engaging  in  such  profession  or
professions, a professional service limited liability company may engage
in any other business or activities as  to  which  a  limited  liability
company  may  be  formed  under section two hundred one of this chapter.
Notwithstanding any other provision  of  this  section,  a  professional
service  limited  liability  company  (i) authorized to practice law may
only engage in another profession or  business  or  activities  or  (ii)
which  is  engaged in a profession or other business or activities other
than law may only engage in the practice  of  law,  to  the  extent  not
prohibited  by  any  other  law of this state or any rule adopted by the
appropriate appellate division of the supreme  court  or  the  court  of
appeals.
  S 22. Subdivision (b) of section 1207 of the limited liability company
law,  as separately amended by chapters 420 and 676 of the laws of 2002,
is amended to read as follows:
  (b) with respect to a professional service limited  liability  company
formed to provide medical services as such services are defined in arti-
cle  131  of  the  education  law, each member of such limited liability
company must be licensed pursuant to article 131 of the education law to
practice medicine in this state. With respect to a professional  service
limited  liability  company  formed  to  provide dental services as such
services are defined in article 133 of the education law, each member of
such limited liability company must be licensed pursuant to article  133
of  the  education law to practice dentistry in this state. With respect
to a professional service limited liability company  formed  to  provide
veterinary  services  as such services are defined in article 135 of the
education law, each member of such limited  liability  company  must  be
licensed pursuant to article 135 of the education law to practice veter-
inary  medicine  in  this  state. With respect to a professional service
limited liability company formed to  provide  professional  engineering,
land  surveying,  architectural [and/or], landscape architectural AND/OR
GEOLOGICAL services as such services are defined in article 145, article
147 and article 148 of the education law, each member  of  such  limited
liability  company must be licensed pursuant to article 145, article 147
and/or article 148 of the education law to practice one or more of  such
professions in this state. With respect to a professional service limit-
ed  liability  company  formed  to provide licensed clinical social work
services as such services are defined in article 154  of  the  education
law,  each  member  of  such limited liability company shall be licensed
pursuant to article 154 of the education law to practice licensed  clin-
ical  social work in this state.  With respect to a professional service
limited liability  company  formed  to  provide  creative  arts  therapy
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article 163 of the education law to practice creative arts
therapy in this state. With respect to a  professional  service  limited
liability company formed to provide marriage and family therapy services
as  such  services are defined in article 163 of the education law, each
member of such limited liability company must be  licensed  pursuant  to
article 163 of the education law to practice marriage and family therapy
in this state.  With respect to a professional service limited liability
company  formed  to  provide  mental  health counseling services as such
services are defined in article 163 of the education law, each member of

A. 4753--B                         12

such limited liability company must be licensed pursuant to article  163
of the education law to practice mental health counseling in this state.
With  respect to a professional service limited liability company formed
to provide psychoanalysis services as such services are defined in arti-
cle  163  of  the  education  law, each member of such limited liability
company must be licensed pursuant to article 163 of the education law to
practice psychoanalysis in this state.
  S 23. Subdivisions (a) and (f) of section 1301 of the limited  liabil-
ity  company  law, subdivision (a) as separately amended by chapters 420
and 676 of the laws of 2002 and subdivision (f) as  amended  by  chapter
170 of the laws of 1996, are amended to read as follows:
  (a)  "Foreign  professional service limited liability company" means a
professional service limited liability company, whether or  not  denomi-
nated  as  such,  organized  under the laws of a jurisdiction other than
this state, (i) each of whose members and managers, if any, is a profes-
sional authorized by law to render a professional  service  within  this
state  and who is or has been engaged in the practice of such profession
in such professional service limited liability company or a  predecessor
entity, or will engage in the practice of such profession in the profes-
sional  service limited liability company within thirty days of the date
such professional becomes a member, or each of whose members and  manag-
ers,  if  any, is a professional at least one of such members is author-
ized by law to render a professional service within this state  and  who
is  or  has  been  engaged  in  the  practice of such profession in such
professional service limited liability company or a predecessor  entity,
or  will  engage  in the practice of such profession in the professional
service limited liability company within thirty days of  the  date  such
professional  becomes  a  member,  or  (ii)  authorized by, or holding a
license, certificate, registration or permit  issued  by  the  licensing
authority  pursuant  to,  the  education  law  to  render a professional
service within this state; except that all members and managers, if any,
of  a  foreign  professional  service  limited  liability  company  that
provides  health services in this state shall be licensed in this state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle 135 of the education law, each member of such  foreign  professional
service  limited liability company shall be licensed pursuant to article
135 of the education law to practice veterinary medicine.  With  respect
to  a  foreign  professional  service  limited  liability  company which
provides medical services as such services are defined in article 131 of
the education law, each member  of  such  foreign  professional  service
limited  liability  company  must be licensed pursuant to article 131 of
the education law to practice medicine in this state.  With respect to a
foreign professional service limited liability  company  which  provides
dental  services  as  such  services  are  defined in article 133 of the
education law, each member of such foreign professional service  limited
liability company must be licensed pursuant to article 133 of the educa-
tion  law to practice dentistry in this state. With respect to a foreign
professional service limited liability company  which  provides  profes-
sional engineering, land surveying, GEOLOGIC, architectural and/or land-
scape  architectural  services  as  such services are defined in article
145, article 147 and article 148 of the education law,  each  member  of
such  foreign  professional  service  limited  liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of  the
education law to practice one or more of such professions in this state.
With respect to a foreign professional service limited liability company

A. 4753--B                         13

which  provides  licensed clinical social work services as such services
are defined in article 154 of the education law,  each  member  of  such
foreign professional service limited liability company shall be licensed
pursuant to article 154 of the education law to practice clinical social
work  in  this  state.  With  respect  to a foreign professional service
limited liability company which provides creative arts therapy  services
as  such  services are defined in article 163 of the education law, each
member of such foreign professional service  limited  liability  company
must  be  licensed pursuant to article 163 of the education law to prac-
tice creative arts therapy in this state.  With  respect  to  a  foreign
professional  service  limited liability company which provides marriage
and family therapy services as such services are defined in article  163
of  the  education law, each member of such foreign professional service
limited liability company must be licensed pursuant to  article  163  of
the education law to practice marriage and family therapy in this state.
With respect to a foreign professional service limited liability company
which  provides  mental  health counseling services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice mental health counseling
in this state. With respect to a foreign  professional  service  limited
liability   company  which  provides  psychoanalysis  services  as  such
services are defined in article 163 of the education law, each member of
such foreign professional service  limited  liability  company  must  be
licensed  pursuant  to  article  163  of  the  education law to practice
psychoanalysis in this state.
  (f) "Professional partnership" means (1) a partnership without limited
partners each of whose partners is a professional authorized by  law  to
render a professional service within this state, (2) a partnership with-
out  limited partners each of whose partners is a professional, at least
one of whom is authorized by law to render a professional service within
this state or (3) a partnership without limited partners authorized  by,
or  holding a license, certificate, registration or permit issued by the
licensing authority pursuant to the education law to  render  a  profes-
sional  service within this state; except that all partners of a profes-
sional partnership that provides medical services in this state must  be
licensed  pursuant to article 131 of the education law to practice medi-
cine in this state and all partners of a professional  partnership  that
provides  dental  services  in  this  state must be licensed pursuant to
article 133 of the education law to practice dentistry  in  this  state;
except  that  all  partners  of a professional partnership that provides
veterinary services in this state must be licensed pursuant  to  article
135  of the education law to practice veterinary medicine in this state;
and further except that all partners of a professional partnership  that
provides  professional  engineering, land surveying, GEOLOGIC, architec-
tural, and/or landscape architectural services in  this  state  must  be
licensed  pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions.
  S 24. Subdivision (b) of section 1302 of the limited liability company
law is amended to read as follows:
  (b) Each final plan and report made or issued  by  a  foreign  profes-
sional  service  limited liability company practicing professional engi-
neering, GEOLOGY, architecture, landscape architecture or land surveying
shall bear the name and seal of  one  or  more  professional  engineers,
PROFESSIONAL  GEOLOGISTS,  architects,  landscape  architects,  or  land

A. 4753--B                         14

surveyors, respectively, who are in responsible charge of such  plan  or
report.
  S 25. The ninth and fourteenth undesignated paragraphs of section 2 of
the  partnership  law,  the  ninth  undesignated paragraph as amended by
chapter 643 of the laws of 1995 and the  fourteenth  undesignated  para-
graph  as  added by chapter 576 of the laws of 1994, are amended to read
as follows:
  "Foreign limited liability  partnership"  means  (i)  any  partnership
without  limited  partners  operating under an agreement governed by the
laws of any jurisdiction, other than this state, each of whose  partners
is  a  professional  authorized  by law to render a professional service
within this state and who is or has been engaged in the practice of such
profession in such partnership or a predecessor entity, or  will  engage
in  the  practice  of  such  profession in the foreign limited liability
partnership within thirty days of the date of the effectiveness  of  the
notice provided for in subdivision (a) of section 121-1502 of this chap-
ter or each of whose partners is a professional, at least one of whom is
authorized by law to render a professional service within this state and
who  is  or  has been engaged in the practice of such profession in such
partnership or a predecessor entity, or will engage in the  practice  of
such  profession  in  the  foreign  limited liability partnership within
thirty days of the date of the effectiveness of the notice provided  for
in  subdivision  (a) of section 121-1502 of this chapter, (ii) any part-
nership without limited partners operating under an  agreement  governed
by  the  laws of any jurisdiction, other than this state, authorized by,
or holding a license, certificate, registration or permit issued by  the
licensing  authority  pursuant to, the education law to render a profes-
sional service within this state, which renders  or  intends  to  render
professional  services  within  this state and which is denominated as a
registered limited liability partnership or limited  liability  partner-
ship under such laws, regardless of any difference between such laws and
the  laws  of  this  state, or (iii) a foreign related limited liability
partnership; except that all partners of  a  foreign  limited  liability
partnership that provides health, professional engineering, land survey-
ing,  GEOLOGIC, architectural and/or landscape architectural services in
this state shall be licensed in this state.
  "Professional partnership" means (1)  a  partnership  without  limited
partners  each  of whose partners is a professional authorized by law to
render a professional service within this state, (2) a partnership with-
out limited partners each of whose partners is a professional, at  least
one of whom is authorized by law to render a professional service within
this  state or (3) a partnership without limited partners authorized by,
or holding a license, certificate, registration or permit issued by  the
licensing  authority  pursuant  to the education law to render a profes-
sional service within this state; except that all partners of a  profes-
sional  partnership that provides medical services in this state must be
licensed pursuant to article 131 of the education law to practice  medi-
cine  in  this state and all partners of a professional partnership that
provides dental services in this state  must  be  licensed  pursuant  to
article  133  of  the education law to practice dentistry in this state;
and further except that all partners of a professional partnership  that
provides  professional  engineering, land surveying, GEOLOGIC, architec-
tural and/or landscape architectural services  in  this  state  must  be
licensed  pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.

A. 4753--B                         15

  S 26. Subdivision (q) of section 121-1500 of the partnership  law,  as
separately  amended  by  chapters  420  and  676 of the laws of 2002, is
amended to read as follows:
  (q)  Each partner of a registered limited liability partnership formed
to provide medical services in this state must be licensed  pursuant  to
article  131 of the education law to practice medicine in this state and
each partner of a registered limited  liability  partnership  formed  to
provide dental services in this state must be licensed pursuant to arti-
cle  133 of the education law to practice dentistry in this state.  Each
partner of a registered limited liability partnership formed to  provide
veterinary  services  in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this  state.
Each  partner  of  a  registered limited liability partnership formed to
provide professional engineering, GEOLOGICAL SERVICES,  land  surveying,
architectural and/or landscape architectural services in this state must
be  licensed  pursuant to article 145, article 147 and/or article 148 of
the education law to practice one or more of such  professions  in  this
state. Each partner of a registered limited liability partnership formed
to  provide licensed clinical social work services in this state must be
licensed pursuant to article 154 of the education law to practice  clin-
ical  social  work  in  this state. Each partner of a registered limited
liability partnership formed to provide creative arts  therapy  services
in  this state must be licensed pursuant to article 163 of the education
law to practice creative arts therapy in this state. Each partner  of  a
registered  limited liability partnership formed to provide marriage and
family therapy services in this state must be licensed pursuant to arti-
cle 163 of the education law to practice marriage and family therapy  in
this  state.  Each partner of a registered limited liability partnership
formed to provide mental health counseling services in this  state  must
be  licensed  pursuant  to  article 163 of the education law to practice
mental health counseling in this state. Each  partner  of  a  registered
limited  liability partnership formed to provide psychoanalysis services
in this state must be licensed pursuant to article 163 of the  education
law to practice psychoanalysis in this state.
  S  27.  Subdivision (q) of section 121-1502 of the partnership law, as
amended by chapter 230 of the laws  of  2004,  is  amended  to  read  as
follows:
  (q)  Each  partner  of  a  foreign limited liability partnership which
provides medical services in this state must  be  licensed  pursuant  to
article  131  of the education law to practice medicine in the state and
each partner of a foreign limited liability partnership  which  provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of a
foreign  limited liability partnership which provides veterinary service
in the state shall be licensed pursuant to article 135 of the  education
law  to  practice  veterinary  medicine in this state. Each partner of a
foreign limited liability partnership which provides professional  engi-
neering, land surveying, GEOLOGICAL SERVICES, architectural and/or land-
scape  architectural services in this state must be licensed pursuant to
article 145, article 147 and/or article 148  of  the  education  law  to
practice  one  or  more  of  such professions. Each partner of a foreign
limited liability partnership which provides  licensed  clinical  social
work  services in this state must be licensed pursuant to article 154 of
the education law to practice licensed  clinical  social  work  in  this
state.  Each  partner  of  a foreign limited liability partnership which
provides creative arts therapy services in this state must  be  licensed

A. 4753--B                         16

pursuant  to  article 163 of the education law to practice creative arts
therapy in this state. Each partner of a foreign limited liability part-
nership which provides marriage and  family  therapy  services  in  this
state  must  be licensed pursuant to article 163 of the education law to
practice marriage and family therapy in this state. Each  partner  of  a
foreign limited liability partnership which provides mental health coun-
seling  services  in this state must be licensed pursuant to article 163
of the education law to practice mental health counseling in this state.
Each partner of a foreign limited liability partnership  which  provides
psychoanalysis services in this state must be licensed pursuant to arti-
cle 163 of the education law to practice psychoanalysis in this state.
  S  28. This act shall take effect two years after the date on which it
shall have become a law.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4753--C

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2013
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, CAHILL, ROSENTHAL, COLTON, SCHIMEL,
  JAFFEE, LUPARDO, ABINANTI, THIELE, COOK,  STECK,  ROBERTS,  MONTESANO,
  WALTER,  SANTABARBARA,  LUPINACCI  --  Multi-Sponsored  by -- M. of A.
  ARROYO, BRENNAN, CUSICK, DUPREY,  FAHY,  GUNTHER,  JACOBS,  McDONOUGH,
  SWEENEY,  TITONE  -- read once and referred to the Committee on Higher
  Education -- committee discharged, bill amended, ordered reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee -- recommitted to the Committee on Higher Educa-
  tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the education law, the  business  corporation  law,  the
  limited  liability company law and the partnership law, in relation to
  providing for the licensing of  the  profession  of  geology;  and  to
  repeal  section  12  of  chapter 550 of the laws of 2011, amending the
  business corporation law and the  education  law  relating  to  design
  professional service corporations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The article heading of article 145 of the  education  law,
as  added  by  chapter  987  of  the laws of 1971, is amended to read as
follows:
                    ENGINEERING [AND], LAND SURVEYING
                               AND GEOLOGY
  S 2. Section 7200 of the education law, as added by chapter 987 of the
laws of 1971, is amended to read as follows:
  S 7200. Introduction.   This article applies  to  the  professions  of
engineering  [and],  land  surveying AND GEOLOGY. The general provisions
for all professions contained in article  one  hundred  thirty  of  this
title apply to this article.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08800-09-4
              

A. 4753--C                          2

  S 3. The education law is amended by adding three new sections 7204-a,
7204-b and 7206-b to read as follows:
  S 7204-A. DEFINITION OF THE PROFESSION OF GEOLOGY. THE PRACTICE OF THE
PROFESSION OF GEOLOGY IS DEFINED AS PERFORMING PROFESSIONAL SERVICE SUCH
AS   RESEARCHING,  INVESTIGATING,  CONSULTING  AND  GEOLOGICAL  MAPPING,
DESCRIBING THE NATURAL PROCESSES THAT ACT UPON  THE  EARTH'S  MATERIALS,
PREDICTING  THE PROBABLE OCCURRENCE OF NATURAL RESOURCES, PREDICTING AND
LOCATING NATURAL OR HUMAN-INDUCED  PHENOMENA  WHICH  MAY  BE  USEFUL  OR
HAZARDOUS  TO  HUMANKIND  AND  RECOGNIZING,  DETERMINING  AND EVALUATING
GEOLOGICAL FACTORS, AND THE INSPECTION  AND  PERFORMANCE  OF  GEOLOGICAL
WORK  AND  THE  RESPONSIBLE  SUPERVISION  THEREOF  IN FURTHERANCE OF THE
HEALTH, SAFETY AND  WELFARE  OF  THE  PUBLIC;  PROVIDED,  HOWEVER,  THAT
GEOLOGICAL  MAPPING  SHALL NOT INCLUDE THE PRACTICE OF LAND SURVEYING AS
DEFINED IN SECTION SEVENTY-TWO HUNDRED THREE OF THIS ARTICLE.
  S 7204-B. PRACTICE OF GEOLOGY AND THE USE OF TITLE "PROFESSIONAL GEOL-
OGIST".  ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER THIS ARTI-
CLE SHALL PRACTICE GEOLOGY OR USE THE TITLE "PROFESSIONAL GEOLOGIST".
  S 7206-B. REQUIREMENTS FOR A LICENSE AS A PROFESSIONAL  GEOLOGIST.  1.
TO QUALIFY FOR A LICENSE AS A PROFESSIONAL GEOLOGIST, AN APPLICANT SHALL
FULFILL THE FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B)  EDUCATION:  HAVE RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S OR
HIGHER DEGREE IN GEOLOGICAL SCIENCES, IN ACCORDANCE WITH THE COMMISSION-
ER'S REGULATIONS;
  (C) EXPERIENCE: HAVE AT LEAST FIVE YEARS PRACTICAL  EXPERIENCE  SATIS-
FACTORY  TO  THE BOARD IN APPROPRIATE GEOLOGICAL WORK; UP TO ONE YEAR OF
EXPERIENCE MAY BE CREDITED FOR AN ADVANCED DEGREE (MASTERS, DOCTORATE OR
AN EQUIVALENT THEREOF)  IN  ACCORDANCE  WITH  THE  COMMISSIONER'S  REGU-
LATIONS;
  (D)  EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
  (G) FEES: PAY A FEE OF TWO HUNDRED TWENTY DOLLARS  TO  THE  DEPARTMENT
FOR  ADMISSION  TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE, AND A FEE OF TWO HUNDRED TEN DOLLARS FOR EACH TRIENNIAL  REGIS-
TRATION PERIOD.
  2.  IN  LIEU  OF  THE  DEGREE AND EXPERIENCE REQUIREMENTS SPECIFIED IN
PARAGRAPHS (B) AND (C) OF SUBDIVISION ONE OF THIS SECTION, TWELVE  YEARS
OF  PRACTICAL  EXPERIENCE  IN  GEOLOGICAL  WORK OF A GRADE AND CHARACTER
SATISFACTORY TO THE BOARD MAY BE ACCEPTED BY THE DEPARTMENT.
  3.  FOR AN IDENTIFICATION CARD AS AN "INTERN GEOLOGIST", AN  APPLICANT
SHALL  FULFILL  THE  REQUIREMENTS  OF  SUBDIVISION  ONE OF THIS SECTION,
EXCEPT THOSE IN PARAGRAPHS (C) AND (E)  OF  SUCH  SUBDIVISION,  PROVIDED
THAT  ADMISSION  TO  THE  EXAMINATION MAY BE GIVEN WHEN THE APPLICANT IS
WITHIN TWENTY CREDITS OF THE COMPLETION OF THE REQUIREMENTS OF THE BACH-
ELOR'S DEGREE OR HIGHER AS PRESCRIBED IN PARAGRAPH  (B)  OF  SUBDIVISION
ONE  OF THIS SECTION, OR HAS COMPLETED THE PRACTICAL EXPERIENCE REQUIRE-
MENT OF SUBDIVISION TWO OF THIS SECTION. THE FEE FOR THE EXAMINATION AND
IDENTIFICATION CARD AS AN "INTERN GEOLOGIST" SHALL  BE  SEVENTY  DOLLARS
AND THE FEE FOR EACH REEXAMINATION SHALL BE SEVENTY DOLLARS.
  4.  AN  APPLICANT  WHO APPLIES FOR LICENSURE WITHIN ONE YEAR AFTER THE
EFFECTIVE DATE OF THIS SECTION SHALL BE QUALIFIED FOR  A  LICENSE  AS  A
PROFESSIONAL  GEOLOGIST  WITHOUT  A WRITTEN EXAMINATION IF THE APPLICANT
HAS SATISFIED THE REQUIREMENTS OF  EDUCATION  AND  DEGREE  DESCRIBED  IN

A. 4753--C                          3

PARAGRAPHS  (B)  AND  (C)  OF SUBDIVISION ONE OR SUBDIVISION TWO OF THIS
SECTION NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.
  S  4.  Section 7205 of the education law, as amended by chapter 521 of
the laws of 1998, is amended to read as follows:
  S 7205. State board for engineering [and], land surveying AND GEOLOGY.
A state board for engineering [and], land surveying AND GEOLOGY shall be
appointed by the board of regents on recommendation of the  commissioner
for  the purpose of assisting the board of regents and the department on
matters of professional licensing and professional conduct in accordance
with section sixty-five hundred eight of this title. The board shall  be
composed  of  not less than seven professional engineers [and], not less
than two land surveyors AND NOT LESS THAN  TWO  PROFESSIONAL  GEOLOGISTS
licensed  in  this state.   An executive secretary to the board shall be
appointed by the board of regents on recommendation of the  commissioner
and shall be a professional engineer [or], land surveyor OR PROFESSIONAL
GEOLOGIST licensed in this state.
  S  5.  Subdivision 2 of section 7207 of the education law, as added by
chapter 987 of the laws of 1971, is amended to read as follows:
  2. A limited permit to practice as a professional engineer [or],  land
surveyor  OR  PROFESSIONAL  GEOLOGIST in this state may be issued by the
department to a person not a resident in this state and having no estab-
lished place of practice in this state,  when  such  practice  does  not
aggregate more than thirty days in any calendar year, provided that such
person is legally qualified to practice in his own state or country. The
limited  permit  authorizing  such right to practice in this state shall
specify the dates within the calendar year when such right may be  exer-
cised.
  S  6. Subdivision 3 of section 7207 of the education law is renumbered
subdivision 4 and a new subdivision 3 is added to read as follows:
  3. ON RECOMMENDATION OF THE BOARD, THE DEPARTMENT MAY ISSUE A  LIMITED
PERMIT  TO  PRACTICE GEOLOGY TO A GEOLOGIST NOT A RESIDENT OF THIS STATE
AND HAVING NO ESTABLISHED PLACE OF PRACTICE IN THIS STATE WHO IS LEGALLY
QUALIFIED TO PRACTICE AS SUCH IN HIS OR HER OWN COUNTRY  OR  STATE  WITH
STANDARDS EQUIVALENT TO THOSE ENUMERATED IN THIS ARTICLE AND WHO SUBMITS
EVIDENCE  SATISFACTORY  TO  THE BOARD ESTABLISHED AND RECOGNIZED PROFES-
SIONAL STANDING IN HIS OR HER OWN  COUNTRY  OR  STATE  AND  WHO  SUBMITS
SATISFACTORY  CERTIFICATION  AS  TO CHARACTER AND QUALIFICATIONS FROM AT
LEAST TWO PROFESSIONAL GEOLOGISTS, ONE OF WHOM SHALL BE  A  RESIDENT  OF
THIS  STATE.  SUCH  LIMITED  PERMIT SHALL BE ISSUED SOLELY IN CONNECTION
WITH THE SPECIFIC PROJECT FOR WHICH SUCH LIMITED PERMIT IS GRANTED.
  S 7. The section heading of section 7208  of  the  education  law,  as
added by chapter 987 of the laws of 1971, is amended to read as follows:
  Exempt persons FOR THE PROFESSIONS OF ENGINEERING AND LAND SURVEYING.
  S  8.  The  education law is amended by adding a new section 7208-a to
read as follows:
  S 7208-A. EXEMPT PERSONS IN OR RELATED TO THE PROFESSION  OF  GEOLOGY.
NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AFFECT OR PREVENT:
  1.  THE EMPLOYMENT AND SUPERVISION OF INTERNS AND OTHER PERSONS QUALI-
FIED BY EDUCATION OR EXPERIENCE BY PROFESSIONAL GEOLOGISTS AS ASSISTANTS
IN THE PERFORMANCE OF GEOLOGICAL SERVICES, OR AS CONSULTANTS OR  EMPLOY-
EES IN SPECIAL FIELDS RELATED TO BUT NOT UNIQUELY GEOLOGY, PROVIDED THAT
THE  PROFESSIONAL  GEOLOGIST EMPLOYING OR SUPERVISING SUCH PERSONS SHALL
NOT BE RELIEVED OF ANY RESPONSIBILITY WHATSOEVER BY DELEGATION  TO  SUCH
PERSONS.
  2. THE PRACTICE OF PROFESSIONAL ENGINEERING BY A PROFESSIONAL ENGINEER
LICENSED  PURSUANT TO THIS ARTICLE TO PRACTICE ENGINEERING IN THIS STATE

A. 4753--C                          4

OR AN ENTITY AUTHORIZED PURSUANT TO SECTION SEVENTY-TWO HUNDRED  TEN  OF
THIS  ARTICLE TO PROVIDE ENGINEERING IN THIS STATE, INCLUDING THE INVES-
TIGATION, ACQUISITION, EVALUATION, AND INTERPRETATION  OF  THE  PHYSICAL
AND  CHEMICAL PROPERTIES OF THE SOIL, ROCK, GROUNDWATER, EARTH MATERIALS
AND DATA RELATED THERETO, AND THE PERFORMANCE OF ACTIVITIES AS SPECIFIED
IN SECTION SEVENTY-TWO HUNDRED FOUR-A OF THIS ARTICLE, PROVIDED THAT  NO
SUCH PERSON SHALL USE THE DESIGNATION, OR HOLD HIMSELF OR HERSELF OUT AS
A "PROFESSIONAL GEOLOGIST," UNLESS LICENSED AS SUCH IN THIS STATE.
  3.  THE  PRACTICE  OF LAND SURVEYING BY ANY PERSON THAT IS LICENSED OR
OTHERWISE AUTHORIZED TO PRACTICE LAND SURVEYING IN THIS STATE,  PROVIDED
THAT NO SUCH PERSON SHALL USE THE DESIGNATION OR HOLD HIMSELF OR HERSELF
OUT AS A "PROFESSIONAL GEOLOGIST" UNLESS LICENSED AS SUCH IN THIS STATE.
  4.  THE EXECUTION OF WORK BY CONTRACTORS OR BY OTHERS OF WORK PREPARED
BY A PROFESSIONAL GEOLOGIST, OR THE SUPERINTENDENCE OF SUCH  WORK  AS  A
SUPERINTENDENT, FOREMAN OR INSPECTOR.
  5.   THE PRACTICE OF THE PROFESSION OF GEOLOGY BY OFFICERS AND EMPLOY-
EES OF THIS STATE PRACTICING SOLELY AS OFFICERS AND EMPLOYEES; PROVIDED,
HOWEVER, THAT THIS EXEMPTION SHALL NOT APPLY TO OFFICERS  AND  EMPLOYEES
OF  THE  STATE OF NEW YORK WHO COMMENCE EMPLOYMENT OR THE PERFORMANCE OF
WORK RELATED ACTIVITIES AFTER THE EFFECTIVE DATE OF THIS SECTION.
  6. THE EXECUTION OF GEOLOGICAL RESEARCH AND/OR TEACHING  CONDUCTED  AT
ACCREDITED  EDUCATIONAL  INSTITUTIONS AND NOT-FOR-PROFIT RESEARCH INSTI-
TUTIONS, CONDUCTED SOLELY THROUGH THOSE INSTITUTIONS.
  7. WORK  CUSTOMARILY  PERFORMED  BY  PHYSICAL  OR  NATURAL  SCIENTISTS
PROVIDED  SUCH WORK DOES NOT INCLUDE GEOLOGICAL INVESTIGATIONS, BEING IN
RESPONSIBLE CHARGE OF GEOLOGICAL WORK,  OR  THE  DRAWING  OF  GEOLOGICAL
CONCLUSIONS AND RECOMMENDATIONS.
  8. WORK CUSTOMARILY PERFORMED BY WATER WELL DRILLERS WHO HAVE RECEIVED
A  CERTIFICATE  OF REGISTRATION PURSUANT TO SECTION 15-1525 OF THE ENVI-
RONMENTAL CONSERVATION LAW.
  S 9. Subdivisions 1, 2 and 4 of section 7209  of  the  education  law,
subdivisions  1  and  2 as added by chapter 987 of the laws of 1971, the
opening paragraph of subdivision 1 as amended by chapter 994 of the laws
of 1971 and subdivision 4 as amended by chapter 550 of the laws of 2011,
are amended to read as follows:
  1. Every professional engineer [and every], land surveyor AND  PROFES-
SIONAL  GEOLOGIST  shall have a seal, approved by the board, which shall
contain the name of the professional engineer and  the  words  "Licensed
Professional Engineer" [or], the name of the land surveyor and the words
"Licensed  Land  Surveyor" OR THE NAME OF THE PROFESSIONAL GEOLOGIST AND
THE WORDS "LICENSED PROFESSIONAL GEOLOGIST", and  such  other  words  or
figures  as  the  board  may  deem necessary. All plans, specifications,
plats and reports relating to the construction or alteration  of  build-
ings  or  structures,  OR GEOLOGIC DRAWINGS AND REPORTS prepared by such
professional  engineer  [and],  all  plans,  specifications,  plats  and
reports  prepared  by  such  land surveyor AND ALL GEOLOGIC DRAWINGS AND
REPORTS PREPARED BY SUCH PROFESSIONAL GEOLOGIST or  by  a  full-time  or
part-time  subordinate  under  his  OR HER supervision, shall be stamped
with such seal and shall also  be  signed,  on  the  original  with  the
personal  signature of such professional engineer [or], land surveyor OR
PROFESSIONAL GEOLOGIST when filed with public officials. No official  of
this  state,  or  of  any city, county, town or village therein, charged
with the enforcement of laws, ordinances or regulations shall accept  or
approve  any plans [or], specifications, OR GEOLOGIC DRAWINGS OR REPORTS
that are not stamped:

A. 4753--C                          5

  a. With the seal of an architect  or  professional  engineer  or  land
surveyor  OR  PROFESSIONAL  GEOLOGIST licensed in this state and bearing
the authorized facsimile of the signature of such architect  or  profes-
sional engineer or land surveyor OR PROFESSIONAL GEOLOGIST, or
  b. With the official seal and authorized facsimile of the signature of
a professional engineer or land surveyor OR PROFESSIONAL GEOLOGIST not a
resident of this state and having no established business in this state,
but who is legally qualified to practice as such in his OR HER own state
or  country,  provided that such person may lawfully practice as such in
this state, and provided further that the plans [or], specifications, OR
GEOLOGIC DRAWINGS OR REPORTS are accompanied by and have attached there-
to written authorization issued by the  department  certifying  to  such
right to practice at such time.
  2.  A.  To  all  plans, specifications, plats and reports to which the
seal of a professional engineer or land surveyor has been applied, there
shall also be applied a stamp with appropriate wording warning  that  it
is a violation of this [law] ARTICLE for any person, unless he OR SHE is
acting  under  the direction of a licensed professional engineer or land
surveyor, to alter an item in any way. If an item bearing the seal of an
engineer or land surveyor is altered,  the  altering  engineer  or  land
surveyor  shall  affix  to  the  item  his  OR HER seal and the notation
"altered by" followed by his OR HER  signature  and  the  date  of  such
alteration, and a specific description of the alteration.
  B. TO ALL GEOLOGIC DRAWINGS AND REPORTS TO WHICH THE SEAL OF A PROFES-
SIONAL  GEOLOGIST OR PROFESSIONAL ENGINEER HAS BEEN APPLIED, THERE SHALL
ALSO BE APPLIED A STAMP WITH APPROPRIATE WORDING WARNING THAT  IT  IS  A
VIOLATION  OF  THIS  ARTICLE  FOR ANY PERSON, UNLESS HE OR SHE IS ACTING
UNDER THE DIRECTION OF A PROFESSIONAL GEOLOGIST  OR  PROFESSIONAL  ENGI-
NEER,  TO  ALTER  A DRAWING OR REPORT IN ANY WAY. IF AN ITEM BEARING THE
SEAL OF A LICENSED PROFESSIONAL GEOLOGIST OR  PROFESSIONAL  ENGINEER  IS
ALTERED,  THE ALTERING PARTY SHALL AFFIX TO THE ITEM HIS OR HER SEAL AND
THE NOTATION "ALTERED BY" FOLLOWED BY HIS OR HER SIGNATURE AND THE  DATE
OF  SUCH ALTERATION, AND A SPECIFIC DESCRIPTION OF THE ALTERATION. NOTH-
ING CONTAINED IN THIS ARTICLE SHALL BE DEEMED  TO  AUTHORIZE  A  PROFES-
SIONAL  GEOLOGIST  TO PRACTICE PROFESSIONAL ENGINEERING UNLESS HE OR SHE
IS LICENSED AS A PROFESSIONAL ENGINEER PURSUANT TO THIS ARTICLE.
  4. Engineers, land surveyors, GEOLOGISTS,  architects,  and  landscape
architects  may  join in the formation of a joint enterprise, or a part-
nership or a professional service corporation or a  design  professional
service  corporation  or  may  form  any  desired  combination  of  such
professions and may use in the name of such corporation the title of any
of the professions which will be  practiced.  After  the  name  of  each
member his or her profession shall be indicated.
  S  10.  Subdivision 1 of section 7210 of the education law, as amended
by chapter 550 of the laws of 2011, is amended to read as follows:
  1. Domestic  or  foreign  professional  service  corporations,  design
professional  service corporations, professional service limited liabil-
ity companies, foreign professional service limited liability companies,
registered limited liability partnerships, New York  registered  foreign
limited liability partnerships, partnerships and joint enterprises spec-
ified  in  subdivision  four of section seventy-two hundred nine of this
article, provided each  of  the  foregoing  entities  is  authorized  to
provide  professional  engineering  [or], land surveying OR PROFESSIONAL
GEOLOGY services and general business corporations authorized to provide
professional engineering or land surveying services pursuant to subdivi-
sion six of section seventy-two hundred nine of this article  may  offer

A. 4753--C                          6

to  provide  or provide professional engineering [or], land surveying OR
PROFESSIONAL GEOLOGY services only  after  obtaining  a  certificate  of
authorization  from  the  department.  Except as otherwise authorized by
statute,  rule or regulation, other business entities are not authorized
to offer or provide professional engineering  [or],  land  surveying  OR
PROFESSIONAL GEOLOGY services and may not obtain certificates of author-
ization  provided  that nothing contained herein shall prohibit an indi-
vidual who is licensed to practice professional engineering  [or],  land
surveying  OR  PROFESSIONAL  GEOLOGY under this article from obtaining a
certificate of authorization upon application and payment of the  appro-
priate fees provided for under this section.
  S  11.  Subdivision 2 of section 7307 of the education law, as amended
by chapter 550 of the laws of 2011, is amended to read as follows:
  2. Engineers, land surveyors,  GEOLOGISTS,  architects  and  landscape
architects  may  join in the formation of a joint enterprise, or a part-
nership or a professional service corporation or a  design  professional
service  corporation  or  may  form  any  desired  combination  of  such
professions and may use in the name of such corporation the title of any
of the professions which will be  practiced.  After  the  name  of  each
member his or her profession shall be indicated.
  S  12.  Subdivision 2 of section 7327 of the education law, as amended
by chapter 550 of the laws of 2011, is amended to read as follows:
  2. Engineers, land surveyors,  GEOLOGISTS,  architects  and  landscape
architects  may  join in the formation of a joint enterprise, or a part-
nership or a professional service corporation or a  design  professional
service  corporation  or  may  form  any  desired  combination  of  such
professions and may use in the name of such corporation the title of any
of the professions which will be  practiced.  After  the  name  of  each
member his or her profession shall be indicated.
  S  13.   Paragraphs (g) and (h) of section 1501 of the business corpo-
ration law, as added by chapter 9 of the laws of 2013,  are  amended  to
read as follows:
  (g) "Design  professional  service  corporation"  means  a corporation
organized under this article practicing professional engineering, archi-
tecture, landscape architecture, GEOLOGY, or land surveying, or practic-
ing any combination of such professions. The provisions of this  article
applicable  to  professional  service corporations shall apply to design
professional  service  corporations  except  to  the  extent  that   any
provision  is either inconsistent with a provision expressly applying to
design professional service corporations or not relevant thereto.
  (h) "Design professional" means an individual licensed and  registered
pursuant  to  title  eight of the education law to practice professional
engineering,  architecture,  landscape  architecture,  GEOLOGY  or  land
surveying.
  S  14.  Paragraph (a) of section 1503 of the business corporation law,
as amended by chapter 550 of the laws of 2011, is  amended  to  read  as
follows:
  (a)  Notwithstanding  any other provision of law, one or more individ-
uals duly authorized by law to  render  the  same  professional  service
within  the state may organize, or cause to be organized, a professional
service corporation for pecuniary profit  under  this  article  for  the
purpose  of  rendering the same professional service, except that one or
more individuals duly authorized by law to practice  professional  engi-
neering,  architecture,  landscape  architecture [or], land surveying OR
GEOLOGY within the state may organize,  or  cause  to  be  organized,  a
professional service corporation or a design professional service corpo-

A. 4753--C                          7

ration  for  pecuniary  profit  under  this  article  for the purpose of
rendering such professional services as such individuals are  authorized
to practice.
  S 15.  The opening paragraph of paragraph (b-5) of section 1503 of the
business  corporation  law, as amended by chapter 9 of the laws of 2013,
is amended to read as follows:
  On or after January first, two thousand twelve,  the  state  education
department  and  the department of state shall allow an existing profes-
sional service corporation organized under this article  and  practicing
professional  engineering, architecture, landscape architecture, GEOLOGY
or land surveying, or practicing any combination of such professions  to
become  a  design  professional  service  corporation as defined in this
article, provided the professional service corporation meets all of  the
requirements  to  become  a  design  professional  service  corporation,
including that its name shall end with the  words  "design  professional
corporation"  or  the abbreviation "D.P.C.", by amending its certificate
of incorporation so that it contains the following statements:
  S 16. Paragraph (b) of section 1504 of the business  corporation  law,
as  amended  by  chapter  550 of the laws of 2011, is amended to read as
follows:
  (b) Each final plan and report made or issued by a  corporation  prac-
ticing  one  or  more  of  the  professions of professional engineering,
architecture, landscape architecture [or],  land  surveying  OR  GEOLOGY
shall  bear  the  name  and  seal of one or more professional engineers,
architects, landscape architects, [or] land  surveyors  OR  PROFESSIONAL
GEOLOGISTS,  respectively, who are in responsible charge of such plan or
report.
  S 17. Section 12 of chapter 550 of the  laws  of  2011,  amending  the
business  corporation  law  and  the  education  law  relating to design
professional service corporations, is REPEALED.
  S 18. Section 1516 of the business  corporation  law,  as  amended  by
chapter 564 of the laws of 2011, is amended to read as follows:
S 1516. Corporate mergers, consolidations and other reorganizations.
  (a)  Notwithstanding  any  inconsistent provision of this article, AND
SUBJECT TO THE LIMITATIONS IN PARAGRAPH (D) OF THIS SECTION,  a  profes-
sional  service  corporation,  INCLUDING  A  DESIGN PROFESSIONAL SERVICE
CORPORATION, pursuant to the provisions of article nine of this chapter,
may be merged or consolidated with another corporation  formed  pursuant
to  the  provisions  of this chapter [or], with a corporation authorized
and registered to practice the same profession pursuant to the  applica-
ble provisions of subdivision six of section seventy-two hundred nine of
the  education law (engineer or land surveyor) [or], subdivision four of
section seventy-three hundred seven of the education law (architect)  OR
SUBDIVISION  FOUR  OF  SECTION SEVENTY-THREE HUNDRED TWENTY-SEVEN OF THE
EDUCATION LAW (LANDSCAPE ARCHITECT) of [article]  ARTICLES  one  hundred
forty-five,  ONE  HUNDRED FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT of the
education law, or with a foreign corporation, or other  business  entity
practicing the same profession or professions in this state or the state
of  its  formation,  or  may be otherwise reorganized, provided that the
corporation which survives or which is  formed  pursuant  thereto  is  a
professional  service  corporation, A DESIGN PROFESSIONAL SERVICE CORPO-
RATION, a professional service limited liability company  or  a  foreign
professional  service  corporation  practicing  the  same  profession or
professions in this state or the state of incorporation or,  if  one  of
the  original  corporations  is  authorized  to practice pursuant to the
provisions of either subdivision six of section seventy-two hundred nine

A. 4753--C                          8

[or], subdivision four of section seventy-three hundred seven OR  SUBDI-
VISION  FOUR  OF SECTION SEVENTY-THREE HUNDRED TWENTY-FOUR OF THE EDUCA-
TION LAW, a corporation authorized and registered to practice  the  same
profession  pursuant  to the applicable provisions of subdivision six of
section seventy-two hundred nine of the education law (engineer or  land
surveyor)  [or], subdivision four of section seventy-three hundred seven
of the education law  (architect)  of  [article]  ARTICLES  one  hundred
forty-five,  ONE  HUNDRED  FORTY-SEVEN  AND  ONE  HUNDRED FORTY-EIGHT OR
SUBDIVISION FOUR OF SECTION SEVENTY-THREE HUNDRED  TWENTY-SEVEN  of  the
education law.
  (b)  If  the  surviving business entity is a professional corporation,
the restrictions on the issuance,  transfer  or  sale  of  shares  of  a
professional service corporation OR A DESIGN PROFESSIONAL SERVICE CORPO-
RATION  shall  be  suspended for a period not exceeding thirty days with
respect to any issuance, transfer or sale of  shares  made  pursuant  to
such  merger,  consolidation  or  reorganization,  provided that: (i) no
person who would not be eligible to be a shareholder in the  absence  of
this  section  shall vote the shares of or receive any distribution from
such corporation; (ii) after such merger, consolidation  or  reorganiza-
tion,  any  professional  service  corporation  OR A DESIGN PROFESSIONAL
SERVICE CORPORATION which survives or which is created thereby shall  be
subject to all of the provisions of this article; and (iii) shares ther-
eafter only may be held by persons who are eligible to receive shares of
such  professional  service  corporation,  DESIGN  PROFESSIONAL  SERVICE
CORPORATION or such other corporation authorized and registered to prac-
tice the same profession pursuant to the applicable provisions of subdi-
vision six of section seventy-two hundred  nine  of  the  education  law
(engineer  or  land surveyor) [or], subdivision four of section seventy-
three hundred seven of the education law (architect) OR SUBDIVISION FOUR
OF SECTION SEVENTY-THREE  HUNDRED  TWENTY-SEVEN  OF  THE  EDUCATION  LAW
(LANDSCAPE  ARCHITECT) of [article] ARTICLES one hundred forty-five, ONE
HUNDRED FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT of  the  education  law,
which  survives.  Nothing herein contained shall be construed as permit-
ting the practice of a profession in this state by a  corporation  which
is  not  incorporated  pursuant  to  the  provisions  of this article or
authorized to do business in this state pursuant to  the  provisions  of
article  fifteen-A  of  this chapter, AUTHORIZED PURSUANT TO SUBDIVISION
SIX OF SECTION SEVENTY-TWO HUNDRED NINE OF THE EDUCATION LAW, AUTHORIZED
PURSUANT TO SUBDIVISION FOUR OF SECTION SEVENTY-THREE HUNDRED  SEVEN  OF
THE  EDUCATION  LAW,  AUTHORIZED PURSUANT TO SUBDIVISION FOUR OF SECTION
SEVENTY-THREE HUNDRED TWENTY-SEVEN OF THE EDUCATION  LAW  or  authorized
and  registered  to  practice  a  profession  pursuant to the applicable
provisions of article one hundred forty-five, ONE HUNDRED FORTY-SEVEN OR
ONE HUNDRED FORTY-EIGHT of the education law. For the purposes  of  this
section, other reorganizations shall be limited to those reorganizations
defined  in  paragraph  one  of  subsection (a) of section three hundred
sixty-eight of the internal revenue code.
  (c) If the surviving business entity is a professional service limited
liability company, the restrictions on the issuance, transfer or sale of
membership interests of a professional service limited liability company
other than the requirements of the first two  sentences  of  subdivision
(c)  of  section  twelve hundred eleven of the limited liability company
law, shall be suspended for a period  not  exceeding  thirty  days  with
respect  to  any issuance, transfer or sale of membership interests made
pursuant to such merger or consolidation, provided that: (i)  no  person
or  business  entity  who  would  not  be eligible to be a member in the

A. 4753--C                          9

absence of this section shall vote or receive any distribution from such
limited liability company; (ii) after such merger or consolidation,  any
professional  service limited liability company that survives or that is
created  thereby  shall  be subject to all the provisions of the limited
liability company law; and (iii) membership interests thereafter may  be
held  only  by  persons  or  business  entities who are eligible to be a
member of such professional service limited liability  company.  Nothing
herein  contained  shall  be  construed  as permitting the practice of a
profession in this state by a limited  liability  company  that  is  not
formed  pursuant  to the provisions of the limited liability company law
or authorized to do business in the state pursuant to the provisions  of
article thirteen of the limited liability company law.
  (D)  NOTWITHSTANDING  THE  PROVISIONS CONTAINED IN PARAGRAPHS (A), (B)
AND (C) OF THIS SECTION,  NO  DESIGN  PROFESSIONAL  SERVICE  CORPORATION
SHALL  BE MERGED OR CONSOLIDATED WITH ANY ENTITY UNLESS SUCH ENTITY IS A
PROFESSIONAL BUSINESS ORGANIZATION LAWFULLY ORGANIZED TO PROVIDE PROFES-
SIONAL SERVICES PURSUANT TO ARTICLES ONE HUNDRED FORTY-FIVE, ONE HUNDRED
FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT OF THE EDUCATION LAW.
  S 19. Paragraph (b) of section 1526 of the business  corporation  law,
as  added  by  chapter  505  of  the laws of 1983, is amended to read as
follows:
  (b) Each final plan, DRAWING and report made or issued  by  a  foreign
professional  service  corporation  practicing professional engineering,
architecture, landscape architecture, GEOLOGY or  land  surveying  shall
bear  the  name  and  seal of one or more professional engineers, archi-
tects, landscape architects, PROFESSIONAL GEOLOGISTS or land  surveyors,
respectively, who are in responsible charge of such plan or report.
  S  20.  Section  1529  of  the business corporation law, as amended by
chapter 576 of the laws of 1994, is amended to read as follows:
S 1529. Business corporation law applicable.
  Except for the provisions of sections thirteen hundred three, thirteen
hundred four, thirteen hundred sixteen, thirteen hundred  seventeen  and
thirteen  hundred  twenty, this chapter shall be applicable to a foreign
professional service corporation to the extent that the provisions ther-
eof are not in conflict with the provisions of this article.  A  foreign
professional  service  corporation  may  practice  in this state, or may
consolidate or merge with another corporation, or may be a member  of  a
professional  service  limited liability company, a foreign professional
service limited liability company, a registered limited liability  part-
nership  or  foreign  limited  liability partnership, only if all of the
professions practiced by such corporations, limited liability  companies
or limited liability partnerships could be practiced by a single profes-
sional  service  corporation organized in this state; and, further, only
if such foreign professional service corporation is domiciled in a state
or territory of the United States the laws of  which,  at  the  time  of
application  by such corporation under section fifteen hundred thirty of
this article, contain a reciprocal provision  under  which  professional
service corporations domiciled in this state may similarly apply for the
privilege  of  doing  business  in any such state or territory; provided
further however, that nothing herein shall authorize a  foreign  profes-
sional  service  corporation  practicing  professional engineering, land
surveying, GEOLOGY, architecture and/or landscape architecture to  be  a
member or partner of a professional service limited liability company, a
foreign  professional  service  limited  liability company, a registered
limited liability partnership or a foreign limited liability partnership
unless all of the shareholders, directors and officers of  such  foreign

A. 4753--C                         10

professional service corporation are licensed to practice one or more of
such professions in this state.
  S 21. Subdivision (a) of section 1203 of the limited liability company
law,  as  amended by chapter 554 of the laws of 2013, is amended to read
as follows:
  (a) Notwithstanding the education law or any other provision  of  law,
one  or more professionals each of whom is authorized by law to render a
professional service within the state, or one or more professionals,  at
least  one of whom is authorized by law to render a professional service
within the state, may form,  or  cause  to  be  formed,  a  professional
service  limited liability company for pecuniary profit under this arti-
cle for the purpose of rendering the professional service or services as
such professionals are authorized to practice. With respect to a profes-
sional service limited  liability  company  formed  to  provide  medical
services  as  such  services are defined in article 131 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article  131  of the education law to practice medicine in
this state. With respect to a  professional  service  limited  liability
company  formed  to provide dental services as such services are defined
in article 133 of the education law, each member of such limited liabil-
ity company must be licensed pursuant to article 133  of  the  education
law  to practice dentistry in this state. With respect to a professional
service limited liability company formed to provide veterinary  services
as  such  services are defined in article 135 of the education law, each
member of such limited liability company must be  licensed  pursuant  to
article 135 of the education law to practice veterinary medicine in this
state.  With respect to a professional service limited liability company
formed to provide professional engineering,  land  surveying,  architec-
tural  [and/or],  landscape  architectural AND/OR GEOLOGICAL services as
such services are defined in article 145, article 147 and article 148 of
the education law, each member of such limited liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of  the
education law to practice one or more of such professions in this state.
With  respect to a professional service limited liability company formed
to provide licensed clinical social work services as such  services  are
defined in article 154 of the education law, each member of such limited
liability  company  shall  be  licensed  pursuant  to article 154 of the
education law to practice licensed clinical social work in  this  state.
With  respect to a professional service limited liability company formed
to provide creative arts therapy services as such services  are  defined
in article 163 of the education law, each member of such limited liabil-
ity  company  must  be licensed pursuant to article 163 of the education
law to practice creative arts therapy in this state. With respect  to  a
professional   service  limited  liability  company  formed  to  provide
marriage and family therapy services as such  services  are  defined  in
article  163 of the education law, each member of such limited liability
company must be licensed pursuant to article 163 of the education law to
practice marriage and family therapy in this state. With  respect  to  a
professional  service limited liability company formed to provide mental
health counseling services as such services are defined in  article  163
of the education law, each member of such limited liability company must
be  licensed  pursuant  to  article 163 of the education law to practice
mental health counseling in this state. With respect to  a  professional
service  limited  liability  company  formed  to  provide psychoanalysis
services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed

A. 4753--C                         11

pursuant to article 163 of the education law to practice  psychoanalysis
in  this state. With respect to a professional service limited liability
company formed to provide applied behavior  analysis  services  as  such
services are defined in article 167 of the education law, each member of
such limited liability company must be licensed or certified pursuant to
article  167  of the education law to practice applied behavior analysis
in  this  state.  In  addition  to  engaging  in  such   profession   or
professions, a professional service limited liability company may engage
in  any  other  business  or  activities as to which a limited liability
company may be formed under section two hundred  one  of  this  chapter.
Notwithstanding  any  other  provision  of  this section, a professional
service limited liability company (i) authorized  to  practice  law  may
only  engage  in  another  profession  or business or activities or (ii)
which is engaged in a profession or other business or  activities  other
than  law  may  only  engage  in  the practice of law, to the extent not
prohibited by any other law of this state or any  rule  adopted  by  the
appropriate  appellate  division  of  the  supreme court or the court of
appeals.
  S 22. Subdivision (b) of section 1207 of the limited liability company
law, as amended by chapter 554 of the laws of 2013, is amended  to  read
as follows:
  (b)  With  respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each  member  of  such  limited  liability
company must be licensed pursuant to article 131 of the education law to
practice  medicine in this state. With respect to a professional service
limited liability company formed to  provide  dental  services  as  such
services are defined in article 133 of the education law, each member of
such  limited liability company must be licensed pursuant to article 133
of the education law to practice dentistry in this state.  With  respect
to  a  professional  service limited liability company formed to provide
veterinary services as such services are defined in article 135  of  the
education  law,  each  member  of such limited liability company must be
licensed pursuant to article 135 of the education law to practice veter-
inary medicine in this state. With respect  to  a  professional  service
limited  liability  company  formed to provide professional engineering,
land surveying, architectural [and/or], landscape  architectural  AND/OR
GEOLOGICAL services as such services are defined in article 145, article
147  and  article  148 of the education law, each member of such limited
liability company must be licensed pursuant to article 145, article  147
and/or  article 148 of the education law to practice one or more of such
professions in this state. With respect to a professional service limit-
ed liability company formed to provide  licensed  clinical  social  work
services  as  such  services are defined in article 154 of the education
law, each member of such limited liability  company  shall  be  licensed
pursuant  to article 154 of the education law to practice licensed clin-
ical social work in this state. With respect to a  professional  service
limited  liability  company  formed  to  provide  creative  arts therapy
services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 163 of the education law to practice  creative  arts
therapy  in  this  state. With respect to a professional service limited
liability company formed to provide marriage and family therapy services
as such services are defined in article 163 of the education  law,  each
member  of  such  limited liability company must be licensed pursuant to
article 163 of the education law to practice marriage and family therapy

A. 4753--C                         12

in this state. With respect to a professional service limited  liability
company  formed  to  provide  mental  health counseling services as such
services are defined in article 163 of the education law, each member of
such  limited liability company must be licensed pursuant to article 163
of the education law to practice mental health counseling in this state.
With respect to a professional service limited liability company  formed
to provide psychoanalysis services as such services are defined in arti-
cle  163  of  the  education  law, each member of such limited liability
company must be licensed pursuant to article 163 of the education law to
practice psychoanalysis in this state. With respect  to  a  professional
service  limited  liability  company  formed to provide applied behavior
analysis services as such services are defined in  article  167  of  the
education  law,  each  member  of such limited liability company must be
licensed or certified pursuant to article 167 of the  education  law  to
practice applied behavior analysis in this state.
  S  23. Subdivisions (a) and (f) of section 1301 of the limited liabil-
ity company law, subdivision (a) as amended by chapter 554 of  the  laws
of  2013  and  subdivision  (f) as amended by chapter 170 of the laws of
1996, are amended to read as follows:
  (a) "Foreign professional service limited liability company"  means  a
professional  service  limited liability company, whether or not denomi-
nated as such, organized under the laws of  a  jurisdiction  other  than
this state, (i) each of whose members and managers, if any, is a profes-
sional  authorized  by  law to render a professional service within this
state and who is or has been engaged in the practice of such  profession
in  such professional service limited liability company or a predecessor
entity, or will engage in the practice of such profession in the profes-
sional service limited liability company within thirty days of the  date
such  professional becomes a member, or each of whose members and manag-
ers, if any, is a professional at least one of such members  is  author-
ized  by  law to render a professional service within this state and who
is or has been engaged in  the  practice  of  such  profession  in  such
professional  service limited liability company or a predecessor entity,
or will engage in the practice of such profession  in  the  professional
service  limited  liability  company within thirty days of the date such
professional becomes a member, or  (ii)  authorized  by,  or  holding  a
license,  certificate,  registration  or  permit issued by the licensing
authority pursuant to,  the  education  law  to  render  a  professional
service within this state; except that all members and managers, if any,
of  a  foreign  professional  service  limited  liability  company  that
provides health services in this state shall be licensed in this  state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle  135  of the education law, each member of such foreign professional
service limited liability company shall be licensed pursuant to  article
135  of  the education law to practice veterinary medicine. With respect
to a  foreign  professional  service  limited  liability  company  which
provides medical services as such services are defined in article 131 of
the  education  law,  each  member  of such foreign professional service
limited liability company must be licensed pursuant to  article  131  of
the education law to practice medicine in this state.  With respect to a
foreign  professional  service  limited liability company which provides
dental services as such services are  defined  in  article  133  of  the
education  law, each member of such foreign professional service limited
liability company must be licensed pursuant to article 133 of the educa-
tion law to practice dentistry in this state. With respect to a  foreign

A. 4753--C                         13

professional  service  limited  liability company which provides profes-
sional engineering, land surveying, GEOLOGIC, architectural and/or land-
scape architectural services as such services  are  defined  in  article
145,  article  147  and article 148 of the education law, each member of
such foreign professional service  limited  liability  company  must  be
licensed  pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.
With respect to a foreign professional service limited liability company
which provides licensed clinical social work services as  such  services
are  defined  in  article  154 of the education law, each member of such
foreign professional service limited liability company shall be licensed
pursuant to article 154 of the education law to practice clinical social
work in this state. With  respect  to  a  foreign  professional  service
limited  liability company which provides creative arts therapy services
as such services are defined in article 163 of the education  law,  each
member  of  such  foreign professional service limited liability company
must be licensed pursuant to article 163 of the education law  to  prac-
tice  creative  arts  therapy  in  this state. With respect to a foreign
professional service limited liability company which  provides  marriage
and  family therapy services as such services are defined in article 163
of the education law, each member of such foreign  professional  service
limited  liability  company  must be licensed pursuant to article 163 of
the education law to practice marriage and family therapy in this state.
With respect to a foreign professional service limited liability company
which provides mental health counseling services as  such  services  are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice mental health counseling
in  this  state.  With respect to a foreign professional service limited
liability  company  which  provides  psychoanalysis  services  as   such
services are defined in article 163 of the education law, each member of
such  foreign  professional  service  limited  liability company must be
licensed pursuant to article  163  of  the  education  law  to  practice
psychoanalysis  in  this  state.  With respect to a foreign professional
service limited liability company which provides applied behavior analy-
sis services as such services are defined in article 167 of  the  educa-
tion  law,  each  member  of  such  foreign professional service limited
liability company must be licensed or certified pursuant to article  167
of  the  education  law  to  practice  applied behavior analysis in this
state.
  (f) "Professional partnership" means (1) a partnership without limited
partners each of whose partners is a professional authorized by  law  to
render a professional service within this state, (2) a partnership with-
out  limited partners each of whose partners is a professional, at least
one of whom is authorized by law to render a professional service within
this state or (3) a partnership without limited partners authorized  by,
or  holding a license, certificate, registration or permit issued by the
licensing authority pursuant to the education law to  render  a  profes-
sional  service within this state; except that all partners of a profes-
sional partnership that provides medical services in this state must  be
licensed  pursuant to article 131 of the education law to practice medi-
cine in this state and all partners of a professional  partnership  that
provides  dental  services  in  this  state must be licensed pursuant to
article 133 of the education law to practice dentistry  in  this  state;
except  that  all  partners  of a professional partnership that provides
veterinary services in this state must be licensed pursuant  to  article

A. 4753--C                         14

135  of the education law to practice veterinary medicine in this state;
and further except that all partners of a professional partnership  that
provides  professional  engineering, land surveying, GEOLOGIC, architec-
tural,  and/or  landscape  architectural  services in this state must be
licensed pursuant to article 145, article 147 and/or article 148 of  the
education law to practice one or more of such professions.
  S 24. Subdivision (b) of section 1302 of the limited liability company
law is amended to read as follows:
  (b)  Each  final  plan  and report made or issued by a foreign profes-
sional service limited liability company practicing  professional  engi-
neering, GEOLOGY, architecture, landscape architecture or land surveying
shall  bear  the  name  and  seal of one or more professional engineers,
PROFESSIONAL  GEOLOGISTS,  architects,  landscape  architects,  or  land
surveyors,  respectively,  who are in responsible charge of such plan or
report.
  S 25. The ninth and fourteenth undesignated paragraphs of section 2 of
the partnership law, the ninth  undesignated  paragraph  as  amended  by
chapter  643  of  the laws of 1995 and the fourteenth undesignated para-
graph as added by chapter 576 of the laws of 1994, are amended  to  read
as follows:
  "Foreign  limited  liability  partnership"  means  (i) any partnership
without limited partners operating under an agreement  governed  by  the
laws  of any jurisdiction, other than this state, each of whose partners
is a professional authorized by law to  render  a  professional  service
within this state and who is or has been engaged in the practice of such
profession  in  such partnership or a predecessor entity, or will engage
in the practice of such profession  in  the  foreign  limited  liability
partnership  within  thirty days of the date of the effectiveness of the
notice provided for in subdivision (a) of section 121-1502 of this chap-
ter or each of whose partners is a professional, at least one of whom is
authorized by law to render a professional service within this state and
who is or has been engaged in the practice of such  profession  in  such
partnership  or  a predecessor entity, or will engage in the practice of
such profession in the  foreign  limited  liability  partnership  within
thirty  days of the date of the effectiveness of the notice provided for
in subdivision (a) of section 121-1502 of this chapter, (ii)  any  part-
nership  without  limited partners operating under an agreement governed
by the laws of any jurisdiction, other than this state,  authorized  by,
or  holding a license, certificate, registration or permit issued by the
licensing authority pursuant to, the education law to render  a  profes-
sional  service  within  this  state, which renders or intends to render
professional services within this state and which is  denominated  as  a
registered  limited  liability partnership or limited liability partner-
ship under such laws, regardless of any difference between such laws and
the laws of this state, or (iii) a  foreign  related  limited  liability
partnership;  except  that  all  partners of a foreign limited liability
partnership that provides health, professional engineering, land survey-
ing, GEOLOGIC, architectural and/or landscape architectural services  in
this state shall be licensed in this state.
  "Professional  partnership"  means  (1)  a partnership without limited
partners each of whose partners is a professional authorized by  law  to
render a professional service within this state, (2) a partnership with-
out  limited partners each of whose partners is a professional, at least
one of whom is authorized by law to render a professional service within
this state or (3) a partnership without limited partners authorized  by,
or  holding a license, certificate, registration or permit issued by the

A. 4753--C                         15

licensing authority pursuant to the education law to  render  a  profes-
sional  service within this state; except that all partners of a profes-
sional partnership that provides medical services in this state must  be
licensed  pursuant to article 131 of the education law to practice medi-
cine in this state and all partners of a professional  partnership  that
provides  dental  services  in  this  state must be licensed pursuant to
article 133 of the education law to practice dentistry  in  this  state;
and  further except that all partners of a professional partnership that
provides professional engineering, land surveying,  GEOLOGIC,  architec-
tural  and/or  landscape  architectural  services  in this state must be
licensed pursuant to article 145, article 147 and/or article 148 of  the
education law to practice one or more of such professions in this state.
  S  26.  Subdivision (q) of section 121-1500 of the partnership law, as
amended by chapter 554 of the laws  of  2013,  is  amended  to  read  as
follows:
  (q)  Each partner of a registered limited liability partnership formed
to provide medical services in this state must be licensed  pursuant  to
article  131 of the education law to practice medicine in this state and
each partner of a registered limited  liability  partnership  formed  to
provide dental services in this state must be licensed pursuant to arti-
cle  133 of the education law to practice dentistry in this state.  Each
partner of a registered limited liability partnership formed to  provide
veterinary  services  in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this  state.
Each  partner  of  a  registered limited liability partnership formed to
provide professional engineering, land surveying,  GEOLOGICAL  SERVICES,
architectural and/or landscape architectural services in this state must
be  licensed  pursuant to article 145, article 147 and/or article 148 of
the education law to practice one or more of such  professions  in  this
state. Each partner of a registered limited liability partnership formed
to  provide licensed clinical social work services in this state must be
licensed pursuant to article 154 of the education law to practice  clin-
ical  social  work  in  this state. Each partner of a registered limited
liability partnership formed to provide creative arts  therapy  services
in  this state must be licensed pursuant to article 163 of the education
law to practice creative arts therapy in this state. Each partner  of  a
registered  limited liability partnership formed to provide marriage and
family therapy services in this state must be licensed pursuant to arti-
cle 163 of the education law to practice marriage and family therapy  in
this  state.  Each partner of a registered limited liability partnership
formed to provide mental health counseling services in this  state  must
be  licensed  pursuant  to  article 163 of the education law to practice
mental health counseling in this state. Each  partner  of  a  registered
limited  liability partnership formed to provide psychoanalysis services
in this state must be licensed pursuant to article 163 of the  education
law  to  practice psychoanalysis in this state. Each partner of a regis-
tered limited liability partnership formed to provide  applied  behavior
analysis service in this state must be licensed or certified pursuant to
article  167  of the education law to practice applied behavior analysis
in this state.
  S 27. Subdivision (q) of section 121-1502 of the partnership  law,  as
amended  by  chapter  554  of  the  laws  of 2013, is amended to read as
follows:
  (q) Each partner of a  foreign  limited  liability  partnership  which
provides  medical  services  in  this state must be licensed pursuant to
article 131 of the education law to practice medicine in the  state  and

A. 4753--C                         16

each  partner  of a foreign limited liability partnership which provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of a
foreign  limited liability partnership which provides veterinary service
in the state shall be licensed pursuant to article 135 of the  education
law  to  practice  veterinary  medicine in this state. Each partner of a
foreign limited liability partnership which provides professional  engi-
neering, land surveying, GEOLOGICAL SERVICES, architectural and/or land-
scape  architectural services in this state must be licensed pursuant to
article 145, article 147 and/or article 148  of  the  education  law  to
practice  one  or  more  of  such professions. Each partner of a foreign
limited liability partnership which provides  licensed  clinical  social
work  services in this state must be licensed pursuant to article 154 of
the education law to practice licensed  clinical  social  work  in  this
state.  Each  partner  of  a foreign limited liability partnership which
provides creative arts therapy services in this state must  be  licensed
pursuant  to  article 163 of the education law to practice creative arts
therapy in this state. Each partner of a foreign limited liability part-
nership which provides marriage and  family  therapy  services  in  this
state  must  be licensed pursuant to article 163 of the education law to
practice marriage and family therapy in this state. Each  partner  of  a
foreign limited liability partnership which provides mental health coun-
seling  services  in this state must be licensed pursuant to article 163
of the education law to practice mental health counseling in this state.
Each partner of a foreign limited liability partnership  which  provides
psychoanalysis services in this state must be licensed pursuant to arti-
cle  163  of the education law to practice psychoanalysis in this state.
Each partner of a foreign limited liability partnership  which  provides
applied  behavior  analysis  services  in this state must be licensed or
certified pursuant to article 167  of  the  education  law  to  practice
applied behavior analysis in this state.
  S  28. This act shall take effect two years after the date on which it
shall have become a law.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4753--D

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2013
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, CAHILL, ROSENTHAL, COLTON, SCHIMEL,
  JAFFEE, LUPARDO, ABINANTI, THIELE, COOK,  STECK,  ROBERTS,  MONTESANO,
  WALTER, SANTABARBARA, LUPINACCI, LIFTON -- Multi-Sponsored by -- M. of
  A.  ARROYO, BRENNAN, CUSICK, DUPREY, FAHY, GUNTHER, JACOBS, McDONOUGH,
  SWEENEY,  TITONE  -- read once and referred to the Committee on Higher
  Education -- committee discharged, bill amended, ordered reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee -- recommitted to the Committee on Higher Educa-
  tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- again reported from said  committee  with  amend-
  ments, ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the education law, the business corporation law, the
  limited liability company law and the partnership law, in relation  to
  providing  for  the  licensing  of  the  profession of geology; and to
  repeal section 12 of chapter 550 of the laws  of  2011,  amending  the
  business  corporation  law  and  the  education law relating to design
  professional service corporations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.   The article heading of article 145 of the education law,
as added by chapter 987 of the laws of  1971,  is  amended  to  read  as
follows:
                    ENGINEERING [AND], LAND SURVEYING
                               AND GEOLOGY
  S 2. Section 7200 of the education law, as added by chapter 987 of the
laws of 1971, is amended to read as follows:
  S 7200. Introduction.    This  article  applies  to the professions of
engineering [and], land surveying AND GEOLOGY.  The  general  provisions

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08800-11-4

              

A. 4753--D                          2

for  all  professions  contained  in  article one hundred thirty of this
title apply to this article.
  S 3. The education law is amended by adding three new sections 7204-a,
7204-b and 7206-b to read as follows:
  S 7204-A. DEFINITION OF THE PROFESSION OF GEOLOGY. THE PRACTICE OF THE
PROFESSION OF GEOLOGY IS DEFINED AS PERFORMING PROFESSIONAL SERVICE SUCH
AS   RESEARCHING,  INVESTIGATING,  CONSULTING  AND  GEOLOGICAL  MAPPING,
DESCRIBING THE NATURAL PROCESSES THAT ACT UPON  THE  EARTH'S  MATERIALS,
PREDICTING  THE PROBABLE OCCURRENCE OF NATURAL RESOURCES, PREDICTING AND
LOCATING NATURAL OR HUMAN-INDUCED  PHENOMENA  WHICH  MAY  BE  USEFUL  OR
HAZARDOUS  TO  HUMANKIND  AND  RECOGNIZING,  DETERMINING  AND EVALUATING
GEOLOGICAL FACTORS, AND THE INSPECTION  AND  PERFORMANCE  OF  GEOLOGICAL
WORK  AND  THE  RESPONSIBLE  SUPERVISION  THEREOF  IN FURTHERANCE OF THE
HEALTH, SAFETY AND  WELFARE  OF  THE  PUBLIC;  PROVIDED,  HOWEVER,  THAT
GEOLOGICAL  MAPPING  SHALL NOT INCLUDE THE PRACTICE OF LAND SURVEYING AS
DEFINED IN SECTION SEVENTY-TWO HUNDRED THREE OF THIS ARTICLE.
  S 7204-B. PRACTICE OF GEOLOGY AND THE USE OF TITLE "PROFESSIONAL GEOL-
OGIST".  ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER THIS ARTI-
CLE SHALL PRACTICE GEOLOGY OR USE THE TITLE "PROFESSIONAL GEOLOGIST".
  S 7206-B. REQUIREMENTS FOR A LICENSE AS A PROFESSIONAL  GEOLOGIST.  1.
TO QUALIFY FOR A LICENSE AS A PROFESSIONAL GEOLOGIST, AN APPLICANT SHALL
FULFILL THE FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B)  EDUCATION:  HAVE RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S OR
HIGHER DEGREE IN GEOLOGICAL SCIENCES, IN ACCORDANCE WITH THE COMMISSION-
ER'S REGULATIONS;
  (C) EXPERIENCE: HAVE AT LEAST FIVE YEARS PRACTICAL  EXPERIENCE  SATIS-
FACTORY  TO  THE BOARD IN APPROPRIATE GEOLOGICAL WORK; UP TO ONE YEAR OF
EXPERIENCE MAY BE CREDITED FOR AN ADVANCED DEGREE (MASTERS, DOCTORATE OR
AN EQUIVALENT THEREOF)  IN  ACCORDANCE  WITH  THE  COMMISSIONER'S  REGU-
LATIONS;
  (D)  EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
  (G) FEES: PAY A FEE OF TWO HUNDRED TWENTY DOLLARS  TO  THE  DEPARTMENT
FOR  ADMISSION  TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE, AND A FEE OF TWO HUNDRED TEN DOLLARS FOR EACH TRIENNIAL  REGIS-
TRATION PERIOD.
  2.  IN  LIEU  OF  THE  DEGREE AND EXPERIENCE REQUIREMENTS SPECIFIED IN
PARAGRAPHS (B) AND (C) OF SUBDIVISION ONE OF THIS SECTION, TWELVE  YEARS
OF  PRACTICAL  EXPERIENCE  IN  GEOLOGICAL  WORK OF A GRADE AND CHARACTER
SATISFACTORY TO THE BOARD MAY BE ACCEPTED BY THE DEPARTMENT.
  3.  FOR AN IDENTIFICATION CARD AS AN "INTERN GEOLOGIST", AN  APPLICANT
SHALL  FULFILL  THE  REQUIREMENTS  OF  SUBDIVISION  ONE OF THIS SECTION,
EXCEPT THOSE IN PARAGRAPHS (C) AND (E)  OF  SUCH  SUBDIVISION,  PROVIDED
THAT  ADMISSION  TO  THE  EXAMINATION MAY BE GIVEN WHEN THE APPLICANT IS
WITHIN TWENTY CREDITS OF THE COMPLETION OF THE REQUIREMENTS OF THE BACH-
ELOR'S DEGREE OR HIGHER AS PRESCRIBED IN PARAGRAPH  (B)  OF  SUBDIVISION
ONE  OF THIS SECTION, OR HAS COMPLETED THE PRACTICAL EXPERIENCE REQUIRE-
MENT OF SUBDIVISION TWO OF THIS SECTION. THE FEE FOR THE EXAMINATION AND
IDENTIFICATION CARD AS AN "INTERN GEOLOGIST" SHALL  BE  SEVENTY  DOLLARS
AND THE FEE FOR EACH REEXAMINATION SHALL BE SEVENTY DOLLARS.
  4.  AN  APPLICANT  WHO APPLIES FOR LICENSURE WITHIN ONE YEAR AFTER THE
EFFECTIVE DATE OF THIS SECTION SHALL BE QUALIFIED FOR  A  LICENSE  AS  A

A. 4753--D                          3

PROFESSIONAL  GEOLOGIST  WITHOUT  A WRITTEN EXAMINATION IF THE APPLICANT
HAS SATISFIED THE REQUIREMENTS OF  EDUCATION  AND  DEGREE  DESCRIBED  IN
PARAGRAPHS  (B)  AND  (C)  OF SUBDIVISION ONE OR SUBDIVISION TWO OF THIS
SECTION NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.
  S  4.  Section 7205 of the education law, as amended by chapter 521 of
the laws of 1998, is amended to read as follows:
  S 7205. State board for engineering [and], land surveying AND GEOLOGY.
A state board for engineering [and], land surveying AND GEOLOGY shall be
appointed by the board of regents on recommendation of the  commissioner
for  the purpose of assisting the board of regents and the department on
matters of professional licensing and professional conduct in accordance
with section sixty-five hundred eight of this title. The board shall  be
composed  of  not less than seven professional engineers [and], not less
than two land surveyors AND NOT LESS THAN  TWO  PROFESSIONAL  GEOLOGISTS
licensed  in  this state.   An executive secretary to the board shall be
appointed by the board of regents on recommendation of the  commissioner
and shall be a professional engineer [or], land surveyor OR PROFESSIONAL
GEOLOGIST licensed in this state.
  S  5.  Subdivision 2 of section 7207 of the education law, as added by
chapter 987 of the laws of 1971, is amended to read as follows:
  2. A limited permit to practice as a professional engineer [or],  land
surveyor  OR  PROFESSIONAL  GEOLOGIST in this state may be issued by the
department to a person not a resident in this state and having no estab-
lished place of practice in this state,  when  such  practice  does  not
aggregate more than thirty days in any calendar year, provided that such
person is legally qualified to practice in his own state or country. The
limited  permit  authorizing  such right to practice in this state shall
specify the dates within the calendar year when such right may be  exer-
cised.
  S  6. Subdivision 3 of section 7207 of the education law is renumbered
subdivision 4 and a new subdivision 3 is added to read as follows:
  3. ON RECOMMENDATION OF THE BOARD, THE DEPARTMENT MAY ISSUE A  LIMITED
PERMIT  TO  PRACTICE GEOLOGY TO A GEOLOGIST NOT A RESIDENT OF THIS STATE
AND HAVING NO ESTABLISHED PLACE OF PRACTICE IN THIS STATE WHO IS LEGALLY
QUALIFIED TO PRACTICE AS SUCH IN HIS OR HER OWN COUNTRY  OR  STATE  WITH
STANDARDS EQUIVALENT TO THOSE ENUMERATED IN THIS ARTICLE AND WHO SUBMITS
EVIDENCE  SATISFACTORY  TO  THE BOARD ESTABLISHED AND RECOGNIZED PROFES-
SIONAL STANDING IN HIS OR HER OWN  COUNTRY  OR  STATE  AND  WHO  SUBMITS
SATISFACTORY  CERTIFICATION  AS  TO CHARACTER AND QUALIFICATIONS FROM AT
LEAST TWO PROFESSIONAL GEOLOGISTS, ONE OF WHOM SHALL BE  A  RESIDENT  OF
THIS  STATE.  SUCH  LIMITED  PERMIT SHALL BE ISSUED SOLELY IN CONNECTION
WITH THE SPECIFIC PROJECT FOR WHICH SUCH LIMITED PERMIT IS GRANTED.
  S 7. The section heading of section 7208  of  the  education  law,  as
added by chapter 987 of the laws of 1971, is amended to read as follows:
  Exempt persons FOR THE PROFESSIONS OF ENGINEERING AND LAND SURVEYING.
  S  8.  The  education law is amended by adding a new section 7208-a to
read as follows:
  S 7208-A. EXEMPT PERSONS IN OR RELATED TO THE PROFESSION  OF  GEOLOGY.
NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AFFECT OR PREVENT:
  1.  THE EMPLOYMENT AND SUPERVISION OF INTERNS AND OTHER PERSONS QUALI-
FIED BY EDUCATION OR EXPERIENCE BY PROFESSIONAL GEOLOGISTS AS ASSISTANTS
IN THE PERFORMANCE OF GEOLOGICAL SERVICES, OR AS CONSULTANTS OR  EMPLOY-
EES IN SPECIAL FIELDS RELATED TO BUT NOT UNIQUELY GEOLOGY, PROVIDED THAT
THE  PROFESSIONAL  GEOLOGIST EMPLOYING OR SUPERVISING SUCH PERSONS SHALL
NOT BE RELIEVED OF ANY RESPONSIBILITY WHATSOEVER BY DELEGATION  TO  SUCH
PERSONS.

A. 4753--D                          4

  2. THE PRACTICE OF PROFESSIONAL ENGINEERING BY A PROFESSIONAL ENGINEER
LICENSED  PURSUANT TO THIS ARTICLE TO PRACTICE ENGINEERING IN THIS STATE
OR AN ENTITY AUTHORIZED PURSUANT TO SECTION SEVENTY-TWO HUNDRED  TEN  OF
THIS  ARTICLE TO PROVIDE ENGINEERING IN THIS STATE, INCLUDING THE INVES-
TIGATION,  ACQUISITION,  EVALUATION,  AND INTERPRETATION OF THE PHYSICAL
AND CHEMICAL PROPERTIES OF THE SOIL, ROCK, GROUNDWATER, EARTH  MATERIALS
AND DATA RELATED THERETO, AND THE PERFORMANCE OF ACTIVITIES AS SPECIFIED
IN  SECTION SEVENTY-TWO HUNDRED FOUR-A OF THIS ARTICLE, PROVIDED THAT NO
SUCH PERSON SHALL USE THE DESIGNATION, OR HOLD HIMSELF OR HERSELF OUT AS
A "PROFESSIONAL GEOLOGIST," UNLESS LICENSED AS SUCH IN THIS  STATE,  AND
PROVIDED  FURTHER THAT NOTHING IN THIS CHAPTER SHALL PRECLUDE A LICENSED
PROFESSIONAL ENGINEER OR AUTHORIZED ENTITY FROM OFFERING TO  PROVIDE  OR
PROVIDING  THE WORK ENUMERATED IN THIS SUBDIVISION, HOWEVER CATEGORIZED,
ON THE GROUNDS THAT SUCH LICENSED PROFESSIONAL  ENGINEER  OR  AUTHORIZED
ENTITY IS NOT LICENSED TO PRACTICE GEOLOGY.
  3.  THE  PRACTICE  OF LAND SURVEYING BY ANY PERSON THAT IS LICENSED OR
OTHERWISE AUTHORIZED TO PRACTICE LAND SURVEYING IN THIS STATE,  PROVIDED
THAT NO SUCH PERSON SHALL USE THE DESIGNATION OR HOLD HIMSELF OR HERSELF
OUT AS A "PROFESSIONAL GEOLOGIST" UNLESS LICENSED AS SUCH IN THIS STATE.
  4.  THE EXECUTION OF WORK BY CONTRACTORS OR BY OTHERS OF WORK PREPARED
BY A PROFESSIONAL GEOLOGIST, OR THE SUPERINTENDENCE OF SUCH  WORK  AS  A
SUPERINTENDENT, FOREMAN OR INSPECTOR.
  5.   THE PRACTICE OF THE PROFESSION OF GEOLOGY BY OFFICERS AND EMPLOY-
EES OF THIS STATE PRACTICING SOLELY AS OFFICERS AND EMPLOYEES; PROVIDED,
HOWEVER, THAT THIS EXEMPTION SHALL NOT APPLY TO OFFICERS  AND  EMPLOYEES
OF  THE  STATE OF NEW YORK WHO COMMENCE EMPLOYMENT OR THE PERFORMANCE OF
WORK RELATED ACTIVITIES AFTER THE EFFECTIVE DATE OF THIS SECTION.
  6. THE EXECUTION OF GEOLOGICAL RESEARCH AND/OR TEACHING  CONDUCTED  AT
ACCREDITED  EDUCATIONAL  INSTITUTIONS AND NOT-FOR-PROFIT RESEARCH INSTI-
TUTIONS, CONDUCTED SOLELY THROUGH THOSE INSTITUTIONS.
  7. WORK  CUSTOMARILY  PERFORMED  BY  PHYSICAL  OR  NATURAL  SCIENTISTS
PROVIDED  SUCH WORK DOES NOT INCLUDE GEOLOGICAL INVESTIGATIONS, BEING IN
RESPONSIBLE CHARGE OF GEOLOGICAL WORK,  OR  THE  DRAWING  OF  GEOLOGICAL
CONCLUSIONS AND RECOMMENDATIONS.
  8. WORK CUSTOMARILY PERFORMED BY WATER WELL DRILLERS WHO HAVE RECEIVED
A  CERTIFICATE  OF REGISTRATION PURSUANT TO SECTION 15-1525 OF THE ENVI-
RONMENTAL CONSERVATION LAW.
  S 9. Subdivisions 1, 2 and 4 of section 7209  of  the  education  law,
subdivisions  1  and  2 as added by chapter 987 of the laws of 1971, the
opening paragraph of subdivision 1 as amended by chapter 994 of the laws
of 1971 and subdivision 4 as amended by chapter 550 of the laws of 2011,
are amended to read as follows:
  1. Every professional engineer [and every], land surveyor AND  PROFES-
SIONAL  GEOLOGIST  shall have a seal, approved by the board, which shall
contain the name of the professional engineer and  the  words  "Licensed
Professional Engineer" [or], the name of the land surveyor and the words
"Licensed  Land  Surveyor" OR THE NAME OF THE PROFESSIONAL GEOLOGIST AND
THE WORDS "LICENSED PROFESSIONAL GEOLOGIST", and  such  other  words  or
figures  as  the  board  may  deem necessary. All plans, specifications,
plats and reports relating to the construction or alteration  of  build-
ings  or  structures,  OR GEOLOGIC DRAWINGS AND REPORTS prepared by such
professional  engineer  [and],  all  plans,  specifications,  plats  and
reports  prepared  by  such  land surveyor AND ALL GEOLOGIC DRAWINGS AND
REPORTS PREPARED BY SUCH PROFESSIONAL GEOLOGIST or  by  a  full-time  or
part-time  subordinate  under  his  OR HER supervision, shall be stamped
with such seal and shall also  be  signed,  on  the  original  with  the

A. 4753--D                          5

personal  signature of such professional engineer [or], land surveyor OR
PROFESSIONAL GEOLOGIST when filed with public officials. No official  of
this  state,  or  of  any city, county, town or village therein, charged
with  the enforcement of laws, ordinances or regulations shall accept or
approve any plans [or], specifications, OR GEOLOGIC DRAWINGS OR  REPORTS
that are not stamped:
  a.  With  the  seal  of  an architect or professional engineer or land
surveyor OR PROFESSIONAL GEOLOGIST licensed in this  state  and  bearing
the  authorized  facsimile of the signature of such architect or profes-
sional engineer or land surveyor OR PROFESSIONAL GEOLOGIST, or
  b. With the official seal and authorized facsimile of the signature of
a professional engineer or land surveyor OR PROFESSIONAL GEOLOGIST not a
resident of this state and having no established business in this state,
but who is legally qualified to practice as such in his OR HER own state
or country, provided that such person may lawfully practice as  such  in
this state, and provided further that the plans [or], specifications, OR
GEOLOGIC DRAWINGS OR REPORTS are accompanied by and have attached there-
to  written  authorization  issued  by the department certifying to such
right to practice at such time.
  2. A. To all plans, specifications, plats and  reports  to  which  the
seal of a professional engineer or land surveyor has been applied, there
shall  also  be applied a stamp with appropriate wording warning that it
is a violation of this [law] ARTICLE for any person, unless he OR SHE is
acting under the direction of a licensed professional engineer  or  land
surveyor, to alter an item in any way. If an item bearing the seal of an
engineer  or  land  surveyor  is  altered, the altering engineer or land
surveyor shall affix to the item  his  OR  HER  seal  and  the  notation
"altered  by"  followed  by  his  OR  HER signature and the date of such
alteration, and a specific description of the alteration.
  B. TO ALL GEOLOGIC DRAWINGS AND REPORTS TO WHICH THE SEAL OF A PROFES-
SIONAL GEOLOGIST OR PROFESSIONAL ENGINEER HAS BEEN APPLIED, THERE  SHALL
ALSO  BE  APPLIED  A STAMP WITH APPROPRIATE WORDING WARNING THAT IT IS A
VIOLATION OF THIS ARTICLE FOR ANY PERSON, UNLESS HE  OR  SHE  IS  ACTING
UNDER  THE  DIRECTION  OF A PROFESSIONAL GEOLOGIST OR PROFESSIONAL ENGI-
NEER, TO ALTER A DRAWING OR REPORT IN ANY WAY. IF AN  ITEM  BEARING  THE
SEAL  OF  A  LICENSED PROFESSIONAL GEOLOGIST OR PROFESSIONAL ENGINEER IS
ALTERED, THE ALTERING PARTY SHALL AFFIX TO THE ITEM HIS OR HER SEAL  AND
THE  NOTATION "ALTERED BY" FOLLOWED BY HIS OR HER SIGNATURE AND THE DATE
OF SUCH ALTERATION, AND A SPECIFIC DESCRIPTION OF THE ALTERATION.  NOTH-
ING  CONTAINED  IN  THIS  ARTICLE SHALL BE DEEMED TO AUTHORIZE A PROFES-
SIONAL GEOLOGIST TO PRACTICE PROFESSIONAL ENGINEERING UNLESS HE  OR  SHE
IS LICENSED AS A PROFESSIONAL ENGINEER PURSUANT TO THIS ARTICLE.
  4.  Engineers,  land  surveyors, GEOLOGISTS, architects, and landscape
architects may join in the formation of a joint enterprise, or  a  part-
nership  or  a professional service corporation or a design professional
service  corporation  or  may  form  any  desired  combination  of  such
professions and may use in the name of such corporation the title of any
of  the  professions  which  will  be  practiced. After the name of each
member his or her profession shall be indicated.
  S 10. Subdivision 1 of section 7210 of the education law,  as  amended
by chapter 550 of the laws of 2011, is amended to read as follows:
  1.  Domestic  or  foreign  professional  service  corporations, design
professional service corporations, professional service limited  liabil-
ity companies, foreign professional service limited liability companies,
registered  limited  liability partnerships, New York registered foreign
limited liability partnerships, partnerships and joint enterprises spec-

A. 4753--D                          6

ified in subdivision four of section seventy-two hundred  nine  of  this
article,  provided  each  of  the  foregoing  entities  is authorized to
provide professional engineering [or], land  surveying  OR  PROFESSIONAL
GEOLOGY services and general business corporations authorized to provide
professional engineering or land surveying services pursuant to subdivi-
sion  six  of section seventy-two hundred nine of this article may offer
to provide or provide professional engineering [or], land  surveying  OR
PROFESSIONAL  GEOLOGY  services  only  after  obtaining a certificate of
authorization from the department. Except  as  otherwise  authorized  by
statute,  rule or regulation, other business entities are not authorized
to offer or provide professional engineering  [or],  land  surveying  OR
PROFESSIONAL GEOLOGY services and may not obtain certificates of author-
ization  provided  that nothing contained herein shall prohibit an indi-
vidual who is licensed to practice professional engineering  [or],  land
surveying  OR  PROFESSIONAL  GEOLOGY under this article from obtaining a
certificate of authorization upon application and payment of the  appro-
priate fees provided for under this section.
  S  11.  Subdivision 2 of section 7307 of the education law, as amended
by chapter 550 of the laws of 2011, is amended to read as follows:
  2. Engineers, land surveyors,  GEOLOGISTS,  architects  and  landscape
architects  may  join in the formation of a joint enterprise, or a part-
nership or a professional service corporation or a  design  professional
service  corporation  or  may  form  any  desired  combination  of  such
professions and may use in the name of such corporation the title of any
of the professions which will be  practiced.  After  the  name  of  each
member his or her profession shall be indicated.
  S  12.  Subdivision 2 of section 7327 of the education law, as amended
by chapter 550 of the laws of 2011, is amended to read as follows:
  2. Engineers, land surveyors,  GEOLOGISTS,  architects  and  landscape
architects  may  join in the formation of a joint enterprise, or a part-
nership or a professional service corporation or a  design  professional
service  corporation  or  may  form  any  desired  combination  of  such
professions and may use in the name of such corporation the title of any
of the professions which will be  practiced.  After  the  name  of  each
member his or her profession shall be indicated.
  S  13.   Paragraphs (g) and (h) of section 1501 of the business corpo-
ration law, as added by chapter 9 of the laws of 2013,  are  amended  to
read as follows:
  (g) "Design  professional  service  corporation"  means  a corporation
organized under this article practicing professional engineering, archi-
tecture, landscape architecture, GEOLOGY, or land surveying, or practic-
ing any combination of such professions. The provisions of this  article
applicable  to  professional  service corporations shall apply to design
professional  service  corporations  except  to  the  extent  that   any
provision  is either inconsistent with a provision expressly applying to
design professional service corporations or not relevant thereto.
  (h) "Design professional" means an individual licensed and  registered
pursuant  to  title  eight of the education law to practice professional
engineering,  architecture,  landscape  architecture,  GEOLOGY  or  land
surveying.
  S  14.  Paragraph (a) of section 1503 of the business corporation law,
as amended by chapter 550 of the laws of 2011, is  amended  to  read  as
follows:
  (a)  Notwithstanding  any other provision of law, one or more individ-
uals duly authorized by law to  render  the  same  professional  service
within  the state may organize, or cause to be organized, a professional

A. 4753--D                          7

service corporation for pecuniary profit  under  this  article  for  the
purpose  of  rendering the same professional service, except that one or
more individuals duly authorized by law to practice  professional  engi-
neering,  architecture,  landscape  architecture [or], land surveying OR
GEOLOGY within the state may organize,  or  cause  to  be  organized,  a
professional service corporation or a design professional service corpo-
ration  for  pecuniary  profit  under  this  article  for the purpose of
rendering such professional services as such individuals are  authorized
to practice.
  S 15.  The opening paragraph of paragraph (b-5) of section 1503 of the
business  corporation  law, as amended by chapter 9 of the laws of 2013,
is amended to read as follows:
  On or after January first, two thousand twelve,  the  state  education
department  and  the department of state shall allow an existing profes-
sional service corporation organized under this article  and  practicing
professional  engineering, architecture, landscape architecture, GEOLOGY
or land surveying, or practicing any combination of such professions  to
become  a  design  professional  service  corporation as defined in this
article, provided the professional service corporation meets all of  the
requirements  to  become  a  design  professional  service  corporation,
including that its name shall end with the  words  "design  professional
corporation"  or  the abbreviation "D.P.C.", by amending its certificate
of incorporation so that it contains the following statements:
  S 16. Paragraph (b) of section 1504 of the business  corporation  law,
as  amended  by  chapter  550 of the laws of 2011, is amended to read as
follows:
  (b) Each final plan and report made or issued by a  corporation  prac-
ticing  one  or  more  of  the  professions of professional engineering,
architecture, landscape architecture [or],  land  surveying  OR  GEOLOGY
shall  bear  the  name  and  seal of one or more professional engineers,
architects, landscape architects, [or] land  surveyors  OR  PROFESSIONAL
GEOLOGISTS,  respectively, who are in responsible charge of such plan or
report.
  S 17. Section 12 of chapter 550 of the  laws  of  2011,  amending  the
business  corporation  law  and  the  education  law  relating to design
professional service corporations, is REPEALED.
  S 18. Section 1516 of the business  corporation  law,  as  amended  by
chapter 564 of the laws of 2011, is amended to read as follows:
S 1516. Corporate mergers, consolidations and other reorganizations.
  (a)  Notwithstanding  any  inconsistent provision of this article, AND
SUBJECT TO THE LIMITATIONS IN PARAGRAPH (D) OF THIS SECTION,  a  profes-
sional  service  corporation,  INCLUDING  A  DESIGN PROFESSIONAL SERVICE
CORPORATION, pursuant to the provisions of article nine of this chapter,
may be merged or consolidated with another corporation  formed  pursuant
to  the  provisions  of this chapter [or], with a corporation authorized
and registered to practice the same profession pursuant to the  applica-
ble provisions of subdivision six of section seventy-two hundred nine of
the  education law (engineer or land surveyor) [or], subdivision four of
section seventy-three hundred seven of the education law (architect)  OR
SUBDIVISION  FOUR  OF  SECTION SEVENTY-THREE HUNDRED TWENTY-SEVEN OF THE
EDUCATION LAW (LANDSCAPE ARCHITECT) of [article]  ARTICLES  one  hundred
forty-five,  ONE  HUNDRED FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT of the
education law, or with a foreign corporation, or other  business  entity
practicing the same profession or professions in this state or the state
of  its  formation,  or  may be otherwise reorganized, provided that the
corporation which survives or which is  formed  pursuant  thereto  is  a

A. 4753--D                          8

professional  service  corporation, A DESIGN PROFESSIONAL SERVICE CORPO-
RATION, a professional service limited liability company  or  a  foreign
professional  service  corporation  practicing  the  same  profession or
professions  in  this  state or the state of incorporation or, if one of
the original corporations is authorized  to  practice  pursuant  to  the
provisions of either subdivision six of section seventy-two hundred nine
[or],  subdivision four of section seventy-three hundred seven OR SUBDI-
VISION FOUR OF SECTION SEVENTY-THREE HUNDRED TWENTY-FOUR OF  THE  EDUCA-
TION  LAW,  a corporation authorized and registered to practice the same
profession pursuant to the applicable provisions of subdivision  six  of
section  seventy-two hundred nine of the education law (engineer or land
surveyor) [or], subdivision four of section seventy-three hundred  seven
of  the  education  law  (architect)  of  [article] ARTICLES one hundred
forty-five, ONE HUNDRED  FORTY-SEVEN  AND  ONE  HUNDRED  FORTY-EIGHT  OR
SUBDIVISION  FOUR  OF  SECTION SEVENTY-THREE HUNDRED TWENTY-SEVEN of the
education law.
  (b) If the surviving business entity is  a  professional  corporation,
the  restrictions  on  the  issuance,  transfer  or  sale of shares of a
professional service corporation OR A DESIGN PROFESSIONAL SERVICE CORPO-
RATION shall be suspended for a period not exceeding  thirty  days  with
respect  to  any  issuance,  transfer or sale of shares made pursuant to
such merger, consolidation or  reorganization,  provided  that:  (i)  no
person  who  would not be eligible to be a shareholder in the absence of
this section shall vote the shares of or receive any  distribution  from
such  corporation;  (ii) after such merger, consolidation or reorganiza-
tion, any professional service  corporation  OR  A  DESIGN  PROFESSIONAL
SERVICE  CORPORATION which survives or which is created thereby shall be
subject to all of the provisions of this article; and (iii) shares ther-
eafter only may be held by persons who are eligible to receive shares of
such  professional  service  corporation,  DESIGN  PROFESSIONAL  SERVICE
CORPORATION or such other corporation authorized and registered to prac-
tice the same profession pursuant to the applicable provisions of subdi-
vision  six  of  section  seventy-two  hundred nine of the education law
(engineer or land surveyor) [or], subdivision four of  section  seventy-
three hundred seven of the education law (architect) OR SUBDIVISION FOUR
OF  SECTION  SEVENTY-THREE  HUNDRED  TWENTY-SEVEN  OF  THE EDUCATION LAW
(LANDSCAPE ARCHITECT) of [article] ARTICLES one hundred forty-five,  ONE
HUNDRED  FORTY-SEVEN  AND  ONE HUNDRED FORTY-EIGHT of the education law,
which survives. Nothing herein contained shall be construed  as  permit-
ting  the  practice of a profession in this state by a corporation which
is not incorporated pursuant  to  the  provisions  of  this  article  or
authorized  to  do  business in this state pursuant to the provisions of
article fifteen-A of this chapter, AUTHORIZED  PURSUANT  TO  SUBDIVISION
SIX OF SECTION SEVENTY-TWO HUNDRED NINE OF THE EDUCATION LAW, AUTHORIZED
PURSUANT  TO  SUBDIVISION FOUR OF SECTION SEVENTY-THREE HUNDRED SEVEN OF
THE EDUCATION LAW, AUTHORIZED PURSUANT TO SUBDIVISION  FOUR  OF  SECTION
SEVENTY-THREE  HUNDRED  TWENTY-SEVEN  OF THE EDUCATION LAW or authorized
and registered to practice  a  profession  pursuant  to  the  applicable
provisions of article one hundred forty-five, ONE HUNDRED FORTY-SEVEN OR
ONE  HUNDRED  FORTY-EIGHT of the education law. For the purposes of this
section, other reorganizations shall be limited to those reorganizations
defined in paragraph one of subsection  (a)  of  section  three  hundred
sixty-eight of the internal revenue code.
  (c) If the surviving business entity is a professional service limited
liability company, the restrictions on the issuance, transfer or sale of
membership interests of a professional service limited liability company

A. 4753--D                          9

other  than  the  requirements of the first two sentences of subdivision
(c) of section twelve hundred eleven of the  limited  liability  company
law,  shall  be  suspended  for  a period not exceeding thirty days with
respect  to  any issuance, transfer or sale of membership interests made
pursuant to such merger or consolidation, provided that: (i)  no  person
or  business  entity  who  would  not  be eligible to be a member in the
absence of this section shall vote or receive any distribution from such
limited liability company; (ii) after such merger or consolidation,  any
professional  service limited liability company that survives or that is
created thereby shall be subject to all the provisions  of  the  limited
liability  company law; and (iii) membership interests thereafter may be
held only by persons or business entities  who  are  eligible  to  be  a
member  of  such professional service limited liability company. Nothing
herein contained shall be construed as  permitting  the  practice  of  a
profession  in  this  state  by  a limited liability company that is not
formed pursuant to the provisions of the limited liability  company  law
or  authorized to do business in the state pursuant to the provisions of
article thirteen of the limited liability company law.
  (D) NOTWITHSTANDING THE PROVISIONS CONTAINED IN  PARAGRAPHS  (A),  (B)
AND  (C)  OF  THIS  SECTION,  NO DESIGN PROFESSIONAL SERVICE CORPORATION
SHALL BE MERGED OR CONSOLIDATED WITH ANY ENTITY UNLESS SUCH ENTITY IS  A
PROFESSIONAL BUSINESS ORGANIZATION LAWFULLY ORGANIZED TO PROVIDE PROFES-
SIONAL SERVICES PURSUANT TO ARTICLES ONE HUNDRED FORTY-FIVE, ONE HUNDRED
FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT OF THE EDUCATION LAW.
  S  19.  Paragraph (b) of section 1526 of the business corporation law,
as added by chapter 505 of the laws of  1983,  is  amended  to  read  as
follows:
  (b)  Each  final  plan, DRAWING and report made or issued by a foreign
professional service corporation  practicing  professional  engineering,
architecture,  landscape  architecture,  GEOLOGY or land surveying shall
bear the name and seal of one or  more  professional  engineers,  archi-
tects,  landscape architects, PROFESSIONAL GEOLOGISTS or land surveyors,
respectively, who are in responsible charge of such plan or report.
  S 20. Section 1529 of the business  corporation  law,  as  amended  by
chapter 576 of the laws of 1994, is amended to read as follows:
S 1529. Business corporation law applicable.
  Except for the provisions of sections thirteen hundred three, thirteen
hundred  four,  thirteen hundred sixteen, thirteen hundred seventeen and
thirteen hundred twenty, this chapter shall be applicable to  a  foreign
professional service corporation to the extent that the provisions ther-
eof  are  not in conflict with the provisions of this article. A foreign
professional service corporation may practice  in  this  state,  or  may
consolidate  or  merge with another corporation, or may be a member of a
professional service limited liability company, a  foreign  professional
service  limited liability company, a registered limited liability part-
nership or foreign limited liability partnership, only  if  all  of  the
professions  practiced by such corporations, limited liability companies
or limited liability partnerships could be practiced by a single profes-
sional service corporation organized in this state; and,  further,  only
if such foreign professional service corporation is domiciled in a state
or  territory  of  the  United  States the laws of which, at the time of
application by such corporation under section fifteen hundred thirty  of
this  article,  contain  a reciprocal provision under which professional
service corporations domiciled in this state may similarly apply for the
privilege of doing business in any such  state  or  territory;  provided
further  however,  that nothing herein shall authorize a foreign profes-

A. 4753--D                         10

sional service corporation  practicing  professional  engineering,  land
surveying,  GEOLOGY,  architecture and/or landscape architecture to be a
member or partner of a professional service limited liability company, a
foreign  professional  service  limited  liability company, a registered
limited liability partnership or a foreign limited liability partnership
unless all of the shareholders, directors and officers of  such  foreign
professional service corporation are licensed to practice one or more of
such professions in this state.
  S 21. Subdivision (a) of section 1203 of the limited liability company
law,  as  amended by chapter 554 of the laws of 2013, is amended to read
as follows:
  (a) Notwithstanding the education law or any other provision  of  law,
one  or more professionals each of whom is authorized by law to render a
professional service within the state, or one or more professionals,  at
least  one of whom is authorized by law to render a professional service
within the state, may form,  or  cause  to  be  formed,  a  professional
service  limited liability company for pecuniary profit under this arti-
cle for the purpose of rendering the professional service or services as
such professionals are authorized to practice. With respect to a profes-
sional service limited  liability  company  formed  to  provide  medical
services  as  such  services are defined in article 131 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article  131  of the education law to practice medicine in
this state. With respect to a  professional  service  limited  liability
company  formed  to provide dental services as such services are defined
in article 133 of the education law, each member of such limited liabil-
ity company must be licensed pursuant to article 133  of  the  education
law  to practice dentistry in this state. With respect to a professional
service limited liability company formed to provide veterinary  services
as  such  services are defined in article 135 of the education law, each
member of such limited liability company must be  licensed  pursuant  to
article 135 of the education law to practice veterinary medicine in this
state.  With respect to a professional service limited liability company
formed to provide professional engineering,  land  surveying,  architec-
tural  [and/or],  landscape  architectural AND/OR GEOLOGICAL services as
such services are defined in article 145, article 147 and article 148 of
the education law, each member of such limited liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of  the
education law to practice one or more of such professions in this state.
With  respect to a professional service limited liability company formed
to provide licensed clinical social work services as such  services  are
defined in article 154 of the education law, each member of such limited
liability  company  shall  be  licensed  pursuant  to article 154 of the
education law to practice licensed clinical social work in  this  state.
With  respect to a professional service limited liability company formed
to provide creative arts therapy services as such services  are  defined
in article 163 of the education law, each member of such limited liabil-
ity  company  must  be licensed pursuant to article 163 of the education
law to practice creative arts therapy in this state. With respect  to  a
professional   service  limited  liability  company  formed  to  provide
marriage and family therapy services as such  services  are  defined  in
article  163 of the education law, each member of such limited liability
company must be licensed pursuant to article 163 of the education law to
practice marriage and family therapy in this state. With  respect  to  a
professional  service limited liability company formed to provide mental
health counseling services as such services are defined in  article  163

A. 4753--D                         11

of the education law, each member of such limited liability company must
be  licensed  pursuant  to  article 163 of the education law to practice
mental health counseling in this state. With respect to  a  professional
service  limited  liability  company  formed  to  provide psychoanalysis
services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 163 of the education law to practice  psychoanalysis
in  this state. With respect to a professional service limited liability
company formed to provide applied behavior  analysis  services  as  such
services are defined in article 167 of the education law, each member of
such limited liability company must be licensed or certified pursuant to
article  167  of the education law to practice applied behavior analysis
in  this  state.  In  addition  to  engaging  in  such   profession   or
professions, a professional service limited liability company may engage
in  any  other  business  or  activities as to which a limited liability
company may be formed under section two hundred  one  of  this  chapter.
Notwithstanding  any  other  provision  of  this section, a professional
service limited liability company (i) authorized  to  practice  law  may
only  engage  in  another  profession  or business or activities or (ii)
which is engaged in a profession or other business or  activities  other
than  law  may  only  engage  in  the practice of law, to the extent not
prohibited by any other law of this state or any  rule  adopted  by  the
appropriate  appellate  division  of  the  supreme court or the court of
appeals.
  S 22. Subdivision (b) of section 1207 of the limited liability company
law, as amended by chapter 554 of the laws of 2013, is amended  to  read
as follows:
  (b)  With  respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each  member  of  such  limited  liability
company must be licensed pursuant to article 131 of the education law to
practice  medicine in this state. With respect to a professional service
limited liability company formed to  provide  dental  services  as  such
services are defined in article 133 of the education law, each member of
such  limited liability company must be licensed pursuant to article 133
of the education law to practice dentistry in this state.  With  respect
to  a  professional  service limited liability company formed to provide
veterinary services as such services are defined in article 135  of  the
education  law,  each  member  of such limited liability company must be
licensed pursuant to article 135 of the education law to practice veter-
inary medicine in this state. With respect  to  a  professional  service
limited  liability  company  formed to provide professional engineering,
land surveying, architectural [and/or], landscape  architectural  AND/OR
GEOLOGICAL services as such services are defined in article 145, article
147  and  article  148 of the education law, each member of such limited
liability company must be licensed pursuant to article 145, article  147
and/or  article 148 of the education law to practice one or more of such
professions in this state. With respect to a professional service limit-
ed liability company formed to provide  licensed  clinical  social  work
services  as  such  services are defined in article 154 of the education
law, each member of such limited liability  company  shall  be  licensed
pursuant  to article 154 of the education law to practice licensed clin-
ical social work in this state. With respect to a  professional  service
limited  liability  company  formed  to  provide  creative  arts therapy
services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed

A. 4753--D                         12

pursuant to article 163 of the education law to practice  creative  arts
therapy  in  this  state. With respect to a professional service limited
liability company formed to provide marriage and family therapy services
as  such  services are defined in article 163 of the education law, each
member of such limited liability company must be  licensed  pursuant  to
article 163 of the education law to practice marriage and family therapy
in  this state. With respect to a professional service limited liability
company formed to provide mental  health  counseling  services  as  such
services are defined in article 163 of the education law, each member of
such  limited liability company must be licensed pursuant to article 163
of the education law to practice mental health counseling in this state.
With respect to a professional service limited liability company  formed
to provide psychoanalysis services as such services are defined in arti-
cle  163  of  the  education  law, each member of such limited liability
company must be licensed pursuant to article 163 of the education law to
practice psychoanalysis in this state. With respect  to  a  professional
service  limited  liability  company  formed to provide applied behavior
analysis services as such services are defined in  article  167  of  the
education  law,  each  member  of such limited liability company must be
licensed or certified pursuant to article 167 of the  education  law  to
practice applied behavior analysis in this state.
  S  23. Subdivisions (a) and (f) of section 1301 of the limited liabil-
ity company law, subdivision (a) as amended by chapter 554 of  the  laws
of  2013  and  subdivision  (f) as amended by chapter 170 of the laws of
1996, are amended to read as follows:
  (a) "Foreign professional service limited liability company"  means  a
professional  service  limited liability company, whether or not denomi-
nated as such, organized under the laws of  a  jurisdiction  other  than
this state, (i) each of whose members and managers, if any, is a profes-
sional  authorized  by  law to render a professional service within this
state and who is or has been engaged in the practice of such  profession
in  such professional service limited liability company or a predecessor
entity, or will engage in the practice of such profession in the profes-
sional service limited liability company within thirty days of the  date
such  professional becomes a member, or each of whose members and manag-
ers, if any, is a professional at least one of such members  is  author-
ized  by  law to render a professional service within this state and who
is or has been engaged in  the  practice  of  such  profession  in  such
professional  service limited liability company or a predecessor entity,
or will engage in the practice of such profession  in  the  professional
service  limited  liability  company within thirty days of the date such
professional becomes a member, or  (ii)  authorized  by,  or  holding  a
license,  certificate,  registration  or  permit issued by the licensing
authority pursuant to,  the  education  law  to  render  a  professional
service within this state; except that all members and managers, if any,
of  a  foreign  professional  service  limited  liability  company  that
provides health services in this state shall be licensed in this  state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle  135  of the education law, each member of such foreign professional
service limited liability company shall be licensed pursuant to  article
135  of  the education law to practice veterinary medicine. With respect
to a  foreign  professional  service  limited  liability  company  which
provides medical services as such services are defined in article 131 of
the  education  law,  each  member  of such foreign professional service
limited liability company must be licensed pursuant to  article  131  of

A. 4753--D                         13

the education law to practice medicine in this state.  With respect to a
foreign  professional  service  limited liability company which provides
dental services as such services are  defined  in  article  133  of  the
education  law, each member of such foreign professional service limited
liability company must be licensed pursuant to article 133 of the educa-
tion law to practice dentistry in this state. With respect to a  foreign
professional  service  limited  liability company which provides profes-
sional engineering, land surveying, GEOLOGIC, architectural and/or land-
scape architectural services as such services  are  defined  in  article
145,  article  147  and article 148 of the education law, each member of
such foreign professional service  limited  liability  company  must  be
licensed  pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.
With respect to a foreign professional service limited liability company
which provides licensed clinical social work services as  such  services
are  defined  in  article  154 of the education law, each member of such
foreign professional service limited liability company shall be licensed
pursuant to article 154 of the education law to practice clinical social
work in this state. With  respect  to  a  foreign  professional  service
limited  liability company which provides creative arts therapy services
as such services are defined in article 163 of the education  law,  each
member  of  such  foreign professional service limited liability company
must be licensed pursuant to article 163 of the education law  to  prac-
tice  creative  arts  therapy  in  this state. With respect to a foreign
professional service limited liability company which  provides  marriage
and  family therapy services as such services are defined in article 163
of the education law, each member of such foreign  professional  service
limited  liability  company  must be licensed pursuant to article 163 of
the education law to practice marriage and family therapy in this state.
With respect to a foreign professional service limited liability company
which provides mental health counseling services as  such  services  are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice mental health counseling
in  this  state.  With respect to a foreign professional service limited
liability  company  which  provides  psychoanalysis  services  as   such
services are defined in article 163 of the education law, each member of
such  foreign  professional  service  limited  liability company must be
licensed pursuant to article  163  of  the  education  law  to  practice
psychoanalysis  in  this  state.  With respect to a foreign professional
service limited liability company which provides applied behavior analy-
sis services as such services are defined in article 167 of  the  educa-
tion  law,  each  member  of  such  foreign professional service limited
liability company must be licensed or certified pursuant to article  167
of  the  education  law  to  practice  applied behavior analysis in this
state.
  (f) "Professional partnership" means (1) a partnership without limited
partners each of whose partners is a professional authorized by  law  to
render a professional service within this state, (2) a partnership with-
out  limited partners each of whose partners is a professional, at least
one of whom is authorized by law to render a professional service within
this state or (3) a partnership without limited partners authorized  by,
or  holding a license, certificate, registration or permit issued by the
licensing authority pursuant to the education law to  render  a  profes-
sional  service within this state; except that all partners of a profes-
sional partnership that provides medical services in this state must  be

A. 4753--D                         14

licensed  pursuant to article 131 of the education law to practice medi-
cine in this state and all partners of a professional  partnership  that
provides  dental  services  in  this  state must be licensed pursuant to
article  133  of  the education law to practice dentistry in this state;
except that all partners of a  professional  partnership  that  provides
veterinary  services  in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this  state;
and  further except that all partners of a professional partnership that
provides professional engineering, land surveying,  GEOLOGIC,  architec-
tural,  and/or  landscape  architectural  services in this state must be
licensed pursuant to article 145, article 147 and/or article 148 of  the
education law to practice one or more of such professions.
  S 24. Subdivision (b) of section 1302 of the limited liability company
law is amended to read as follows:
  (b)  Each  final  plan  and report made or issued by a foreign profes-
sional service limited liability company practicing  professional  engi-
neering, GEOLOGY, architecture, landscape architecture or land surveying
shall  bear  the  name  and  seal of one or more professional engineers,
PROFESSIONAL  GEOLOGISTS,  architects,  landscape  architects,  or  land
surveyors,  respectively,  who are in responsible charge of such plan or
report.
  S 25. The ninth and fourteenth undesignated paragraphs of section 2 of
the partnership law, the ninth  undesignated  paragraph  as  amended  by
chapter  643  of  the laws of 1995 and the fourteenth undesignated para-
graph as added by chapter 576 of the laws of 1994, are amended  to  read
as follows:
  "Foreign  limited  liability  partnership"  means  (i) any partnership
without limited partners operating under an agreement  governed  by  the
laws  of any jurisdiction, other than this state, each of whose partners
is a professional authorized by law to  render  a  professional  service
within this state and who is or has been engaged in the practice of such
profession  in  such partnership or a predecessor entity, or will engage
in the practice of such profession  in  the  foreign  limited  liability
partnership  within  thirty days of the date of the effectiveness of the
notice provided for in subdivision (a) of section 121-1502 of this chap-
ter or each of whose partners is a professional, at least one of whom is
authorized by law to render a professional service within this state and
who is or has been engaged in the practice of such  profession  in  such
partnership  or  a predecessor entity, or will engage in the practice of
such profession in the  foreign  limited  liability  partnership  within
thirty  days of the date of the effectiveness of the notice provided for
in subdivision (a) of section 121-1502 of this chapter, (ii)  any  part-
nership  without  limited partners operating under an agreement governed
by the laws of any jurisdiction, other than this state,  authorized  by,
or  holding a license, certificate, registration or permit issued by the
licensing authority pursuant to, the education law to render  a  profes-
sional  service  within  this  state, which renders or intends to render
professional services within this state and which is  denominated  as  a
registered  limited  liability partnership or limited liability partner-
ship under such laws, regardless of any difference between such laws and
the laws of this state, or (iii) a  foreign  related  limited  liability
partnership;  except  that  all  partners of a foreign limited liability
partnership that provides health, professional engineering, land survey-
ing, GEOLOGIC, architectural and/or landscape architectural services  in
this state shall be licensed in this state.

A. 4753--D                         15

  "Professional  partnership"  means  (1)  a partnership without limited
partners each of whose partners is a professional authorized by  law  to
render a professional service within this state, (2) a partnership with-
out  limited partners each of whose partners is a professional, at least
one of whom is authorized by law to render a professional service within
this  state or (3) a partnership without limited partners authorized by,
or holding a license, certificate, registration or permit issued by  the
licensing  authority  pursuant  to the education law to render a profes-
sional service within this state; except that all partners of a  profes-
sional  partnership that provides medical services in this state must be
licensed pursuant to article 131 of the education law to practice  medi-
cine  in  this state and all partners of a professional partnership that
provides dental services in this state  must  be  licensed  pursuant  to
article  133  of  the education law to practice dentistry in this state;
and further except that all partners of a professional partnership  that
provides  professional  engineering, land surveying, GEOLOGIC, architec-
tural and/or landscape architectural services  in  this  state  must  be
licensed  pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.
  S 26. Subdivision (q) of section 121-1500 of the partnership  law,  as
amended  by  chapter  554  of  the  laws  of 2013, is amended to read as
follows:
  (q) Each partner of a registered limited liability partnership  formed
to  provide  medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in this state  and
each  partner  of  a  registered limited liability partnership formed to
provide dental services in this state must be licensed pursuant to arti-
cle 133 of the education law to practice dentistry in this state.   Each
partner  of a registered limited liability partnership formed to provide
veterinary services in this state must be licensed pursuant  to  article
135  of the education law to practice veterinary medicine in this state.
Each partner of a registered limited  liability  partnership  formed  to
provide  professional  engineering, land surveying, GEOLOGICAL SERVICES,
architectural and/or landscape architectural services in this state must
be licensed pursuant to article 145, article 147 and/or article  148  of
the  education  law  to practice one or more of such professions in this
state. Each partner of a registered limited liability partnership formed
to provide licensed clinical social work services in this state must  be
licensed  pursuant to article 154 of the education law to practice clin-
ical social work in this state. Each partner  of  a  registered  limited
liability  partnership  formed to provide creative arts therapy services
in this state must be licensed pursuant to article 163 of the  education
law  to  practice creative arts therapy in this state. Each partner of a
registered limited liability partnership formed to provide marriage  and
family therapy services in this state must be licensed pursuant to arti-
cle  163 of the education law to practice marriage and family therapy in
this state. Each partner of a registered limited  liability  partnership
formed  to  provide mental health counseling services in this state must
be licensed pursuant to article 163 of the  education  law  to  practice
mental  health  counseling  in  this state. Each partner of a registered
limited liability partnership formed to provide psychoanalysis  services
in  this state must be licensed pursuant to article 163 of the education
law to practice psychoanalysis in this state. Each partner of  a  regis-
tered  limited  liability partnership formed to provide applied behavior
analysis service in this state must be licensed or certified pursuant to

A. 4753--D                         16

article 167 of the education law to practice applied  behavior  analysis
in this state.
  S  27.  Subdivision (q) of section 121-1502 of the partnership law, as
amended by chapter 554 of the laws  of  2013,  is  amended  to  read  as
follows:
  (q)  Each  partner  of  a  foreign limited liability partnership which
provides medical services in this state must  be  licensed  pursuant  to
article  131  of the education law to practice medicine in the state and
each partner of a foreign limited liability partnership  which  provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of a
foreign  limited liability partnership which provides veterinary service
in the state shall be licensed pursuant to article 135 of the  education
law  to  practice  veterinary  medicine in this state. Each partner of a
foreign limited liability partnership which provides professional  engi-
neering, land surveying, GEOLOGICAL SERVICES, architectural and/or land-
scape  architectural services in this state must be licensed pursuant to
article 145, article 147 and/or article 148  of  the  education  law  to
practice  one  or  more  of  such professions. Each partner of a foreign
limited liability partnership which provides  licensed  clinical  social
work  services in this state must be licensed pursuant to article 154 of
the education law to practice licensed  clinical  social  work  in  this
state.  Each  partner  of  a foreign limited liability partnership which
provides creative arts therapy services in this state must  be  licensed
pursuant  to  article 163 of the education law to practice creative arts
therapy in this state. Each partner of a foreign limited liability part-
nership which provides marriage and  family  therapy  services  in  this
state  must  be licensed pursuant to article 163 of the education law to
practice marriage and family therapy in this state. Each  partner  of  a
foreign limited liability partnership which provides mental health coun-
seling  services  in this state must be licensed pursuant to article 163
of the education law to practice mental health counseling in this state.
Each partner of a foreign limited liability partnership  which  provides
psychoanalysis services in this state must be licensed pursuant to arti-
cle  163  of the education law to practice psychoanalysis in this state.
Each partner of a foreign limited liability partnership  which  provides
applied  behavior  analysis  services  in this state must be licensed or
certified pursuant to article 167  of  the  education  law  to  practice
applied behavior analysis in this state.
  S  28. This act shall take effect two years after the date on which it
shall have become a law.