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

                                 2406--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 20, 2011
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Higher  Education  --
  recommitted  to  the  Committee on Higher Education in accordance with
  Senate Rule 6, sec. 8 -- 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

  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07804-03-2
              

S. 2406--A                          2

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  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:

S. 2406--A                          3

  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.
  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

S. 2406--A                          4

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
"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

S. 2406--A                          5

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 EXPAND THE SCOPE OF
THE PRACTICE OF A PROFESSIONAL ENGINEER, AS DEFINED IN SECTION  SEVENTY-
TWO HUNDRED ONE OF THIS ARTICLE, OR 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.
  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

S. 2406--A                          6

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  (e) and (f) of section 1501 of the business corpo-
ration law, paragraph (e) as amended and paragraph (f) as added by chap-
ter 550 of the laws of 2011, are amended to read as follows:
  (e) "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, first  organized  on  or  after
January  first,  two  thousand  twelve.  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.
  (f)  "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. 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  GEOLOGISTS,
respectively, who are in responsible charge of such plan or report.
  S  15.  Paragraph (a) of section 1516 of the business corporation law,
as amended by chapter 550 of the laws of 2011, is  amended  to  read  as
follows:
  (a)  Notwithstanding  any  inconsistent provision of this article, and
subject to the limitations in paragraph (b) of this section,  a  profes-
sional  service  corporation,  including  a  design professional service
corporation, pursuant to the provisions of article 9  of  this  chapter,
may  be  merged or consolidated with another corporation formed pursuant
to the provisions of this chapter, with  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),  subdivision

S. 2406--A                          7

four of section seventy-three hundred seven of the education law (archi-
tect)  or subdivision four of section seventy-three hundred twenty-seven
of the education law  (landscape  architect)  of  articles  one  hundred
forty-five,  one  hundred forty-seven and one hundred forty-eight of the
education law, or with a foreign corporation, or may be otherwise  reor-
ganized, provided that the corporation or entity which survives or which
is  formed  pursuant  thereto  is  a professional service corporation, a
design  [profession]  PROFESSIONAL  service  corporation  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 subdivision six of section seventy-two hundred nine of the
education law, subdivision four of section seventy-three  hundred  seven
of  the  education  law  or  subdivision  four  of section seventy-three
hundred twenty-seven 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),  subdivision
four of section seventy-three hundred seven of the education law (archi-
tect)  of  articles  one hundred forty-five, one hundred forty-seven and
one hundred forty-eight of the education  law  or  subdivision  four  of
section  seventy-three  hundred twenty-seven of the education law (land-
scape architect). The restrictions on the issuance, transfer or sale  of
shares  of  a  professional service corporation or a design professional
service corporation 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 distrib-
ution  from  such  corporation; (ii) after such merger, consolidation or
reorganization, any professional service corporation or  design  profes-
sional  service  corporation  which survives or which is created thereby
shall be subject to all of the provisions of  this  article,  and  (iii)
shares  thereafter  only  may  be  held  by  persons who are eligible to
receive shares of such professional service corporation, design  profes-
sional  service  corporation  or  such  other 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), subdivision
four of section seventy-three hundred seven of the education law (archi-
tect) or subdivision four of section seventy-three hundred  twenty-seven
of  the  education  law  (landscape  architect)  of 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,  authorized  to  do  business  in  this  state  pursuant to the
provisions of article 15-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,  article  one
hundred  forty-seven or article one hundred forty-eight of the education
law. For the purposes of this section, other  reorganizations  shall  be

S. 2406--A                          8

limited  to those reorganizations defined in paragraph one of subsection
(a) of section three hundred sixty-eight of the internal revenue code.
  S  16.  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 17. 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 18. 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

S. 2406--A                          9

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
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 19. 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:

S. 2406--A                         10

  (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
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 20. 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

S. 2406--A                         11

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
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

S. 2406--A                         12

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 21. 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 22. 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

S. 2406--A                         13

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.
  S 23. 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-

S. 2406--A                         14

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 24. 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 25. 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
________________________________________________________________________

                                 2406--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 20, 2011
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Higher  Education  --
  recommitted  to  the  Committee on Higher Education in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted  as  amended  and  recommitted to said committee -- reported
  favorably from said  committee  and  committed  to  the  Committee  on
  Finance  --  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

  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
PROBABLE  OCCURRENCE  OF  NATURAL  RESOURCES,  PREDICTING  AND  LOCATING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07804-06-2
              

S. 2406--B                          2

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  professional  engineer  [or],  land surveyor OR GEOLOGIST licensed in
this state.

S. 2406--B                          3

  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.
  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.

S. 2406--B                          4

  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
"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

S. 2406--B                          5

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.
  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-

S. 2406--B                          6

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 (e) and (f) of section 1501 of  the  business  corpo-
ration law, paragraph (e) as amended and paragraph (f) as added by chap-
ter 550 of the laws of 2011, are amended to read as follows:
  (e) "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, first organized on or after
January first, two thousand  twelve.  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.
  (f) "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.  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 GEOLOGISTS,
respectively, who are in responsible charge of such plan or report.
  S 15. Paragraph (a) of section 1516 of the business  corporation  law,
as  amended  by  chapter  550 of the laws of 2011, is amended to read as
follows:
  (a) Notwithstanding any inconsistent provision of  this  article,  and
subject  to  the limitations in paragraph (b) of this section, a profes-
sional service corporation,  including  a  design  professional  service
corporation,  pursuant  to  the provisions of article 9 of this chapter,
may be merged or consolidated with another corporation  formed  pursuant
to  the  provisions  of  this chapter, with 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

S. 2406--B                          7

education  law  (engineer [or], land surveyor OR GEOLOGIST), subdivision
four of section seventy-three hundred seven of the education law (archi-
tect) or subdivision four of section seventy-three hundred  twenty-seven
of  the  education  law  (landscape  architect)  of articles one hundred
forty-five, one hundred forty-seven and one hundred forty-eight  of  the
education  law, or with a foreign corporation, or may be otherwise reor-
ganized, provided that the corporation or entity which survives or which
is formed pursuant thereto is  a  professional  service  corporation,  a
design  [profession]  PROFESSIONAL  service  corporation  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 subdivision six of section seventy-two hundred nine of the
education  law,  subdivision four of section seventy-three hundred seven
of the education  law  or  subdivision  four  of  section  seventy-three
hundred  twenty-seven 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), subdivision
four of section seventy-three hundred seven of the education law (archi-
tect) of articles one hundred forty-five, one  hundred  forty-seven  and
one  hundred  forty-eight  of  the  education law or subdivision four of
section seventy-three hundred twenty-seven of the education  law  (land-
scape  architect). The restrictions on the issuance, transfer or sale of
shares of a professional service corporation or  a  design  professional
service corporation 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 distrib-
ution from such corporation; (ii) after such  merger,  consolidation  or
reorganization,  any  professional service corporation or design profes-
sional service corporation which survives or which  is  created  thereby
shall  be  subject  to  all of the provisions of this article, and (iii)
shares thereafter only may be  held  by  persons  who  are  eligible  to
receive  shares of such professional service corporation, design profes-
sional service corporation or  such  other  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),  subdivision
four of section seventy-three hundred seven of the education law (archi-
tect)  or subdivision four of section seventy-three hundred twenty-seven
of the education law  (landscape  architect)  of  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, authorized to  do  business  in  this  state  pursuant  to  the
provisions  of  article  15-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, article one
hundred forty-seven or article one hundred forty-eight of the  education

S. 2406--B                          8

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.
  S  16.  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 17. 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 18. 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

S. 2406--B                          9

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
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. 2406--B                         10

  S 19. 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
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 20. 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-

S. 2406--B                         11

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
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.

S. 2406--B                         12

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 21. 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 22. 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-

S. 2406--B                         13

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.
  S  23.  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

S. 2406--B                         14

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  24.  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  25. This act shall take effect two years after the date on which it
shall have become a law.