NY State Senate Bill 2017-S8086

Senate Bill S8086

Signed By Governor

2017-2018 Legislative Session

Relates to the incorporation of certain businesses for the purpose of practicing professional geology

download bill text pdf

Archive: Last Bill Status Via A10220 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 01, 2018	signed chap.302
Sep 19, 2018	delivered to governor
Jun 13, 2018	returned to assembly passed senate 3rd reading cal.1247 substituted for s8086a
Jun 13, 2018	substituted by a10220a
May 22, 2018	advanced to third reading
May 16, 2018	2nd report cal. amended 8086a
May 15, 2018	1st report cal.1247
Mar 27, 2018	referred to corporations, authorities and commissions

Votes

- Jun 13, 2018 - Floor Vote
  A10220
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 13, 2018
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Amedore
      
      Croci
      
      Sepúlveda
  May 15, 2018 - Corporations, Authorities And Commissions Committee Vote
  S8086
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: May 15, 2018
      
      aye (7)
      
      Alcantara
      
      Amedore
      
      Comrie
      
      Kavanagh
      
      Larkin
      
      Ortt
      
      Ranzenhofer

Bill Amendments

Original

A (Active)

2017-S8086 - Details

Law Section:: Business Corporation Law
Laws Affected:: Amd §1503, BC L; amd §1105, Lim Lil L

2017-S8086 - Summary

Relates to the incorporation of certain businesses for the purpose of practicing professional geology.

2017-S8086 - Sponsor Memo

                                
 
BILL NUMBER: S8086

SPONSOR: MARCELLINO
 
TITLE OF BILL:  An act to amend the business corporation law and the
limited liability company law, in relation to the incorporation of
certain businesses for the purpose of practicing professional geology

 
PURPOSE:

To amend Chapter 260 of the Laws of 2016 to extend provisions of such
law that provide for the sunset of sections that allow business corpo-
rations and limited liability companies to become professional service
corporations, design professional service corporations and professional
limited liability companies by amending their certificates of incorpo-
ration or articles of organization until March 1, 2019.

 
SUMMARY OF PROVISIONS:

Amends § 1503 of the Business Corporation Law and § 1105 of the Limited
Liability Company Law.

 
JUSTIFICATION:

Subdivisions (b-6) and (b-7) of paragraph (1) of § 1503 of the Business
Corporation Law allow business corporations to become professional
service corporations and design professional service corporations by
amending their certificates of incorporation and subdivision (a) of §
1105 of the Limited Liability Company allows limited liability companies
to become professional limited liability companies by amending their
certificates of organization. The purpose of these provisions is to
allow these conversions to take place without dissolving and starting up
businesses, which could result in adverse tax consequences, burdensome
paperwork and possible cancellation of existing contracts. The sunset of
these provisions has resulted in a situation wherein geologists that are
still "in the pipeline" to satisfy the Education Department's licensing
requirements would become unable to take advantage of the benefits
conferred under Chapter 260 of the Laws of 2016. This bill provides some
"breathing room" to these individuals by extending the provisions of
this chapter to March 1, 2019.

 
LEGISLATIVE HISTORY:

Chapter 260 of the laws of 2016.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8086 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8086
 
                             I N  S E N A T E
 
                              March 27, 2018
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Corporations, Author-
   ities and Commissions
 
 AN ACT to amend the business corporation law and the  limited  liability
   company  law,  in  relation to the incorporation of certain businesses
   for the purpose of practicing professional geology

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The opening paragraph of paragraph 1 of subdivision (b-6)
 of section 1503 of the business corporation law, as added by chapter 260
 of the laws of 2016, is amended to read as follows:
   Prior to the first day of March, two thousand [eighteen] NINETEEN, the
 state education department and the department of state  shall  allow  an
 existing business corporation organized under article four of this chap-
 ter  to  become  a  professional  SERVICE corporation as defined in this
 article for the purpose of  practicing  professional  geology,  provided
 that  the surviving corporation meet all of the requirements to become a
 professional SERVICE corporation, including that the name of  a  profes-
 sional SERVICE corporation shall end with the words "professional corpo-
 ration" or the abbreviation "P.C." by amending its certificate of incor-
 poration so that it contains the following:
   §  2.  The  opening  paragraph  of paragraph 1 of subdivision (b-7) of
 section 1503 of the business corporation law, as added by chapter 260 of
 the laws of 2016, is amended to read as follows:
   Prior to the first day of March, two thousand [eighteen] NINETEEN, the
 state education department and the department of state  shall  allow  an
 existing business corporation organized under article four of this chap-
 ter  to  become  a design professional service corporation as defined in
 this  article  for  the  purpose  of  practicing  professional  geology,
 provided  that the surviving corporation meet all of the requirements to
 become a design professional service  corporation,  including  that  the
 name  shall end with the words "design professional service corporation"
 or the abbreviation "D.P.C." by amending  its  certificate  of  incorpo-
 ration so that it contains the following:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15117-01-8

 S. 8086                             2
 
   §  3.  The opening paragraph of subdivision (a) of section 1105 of the
 limited liability company law, as added by chapter 260 of  the  laws  of
 2016, is amended to read as follows:
   Prior to the first day of March, two thousand [eighteen] NINETEEN, the
 state  education  department  and the department of state shall allow an
 existing limited liability company organized under article two  of  this
 chapter  to  become  a professional service limited liability company as
 defined in article twelve of this chapter for the purpose of  practicing
 professional geology, provided the limited liability company meet all of
 the  requirements  to  become  a  professional service limited liability
 company, including that the  name  of  a  professional  service  limited
 liability company shall end with the words "Professional Limited Liabil-
 ity  Company"  or  "Limited  Liability  Company",  or  the abbreviations
 "P.L.L.C.", "PLLC", "L.L.C.", or  "LLC"  by  amending  its  articles  of
 organization so that it contains the following:
   § 4. This act shall take effect immediately.

2017-S8086A (ACTIVE) - Details

Law Section:: Business Corporation Law
Laws Affected:: Amd §1503, BC L; amd §1105, Lim Lil L

2017-S8086A (ACTIVE) - Summary

Relates to the incorporation of certain businesses for the purpose of practicing professional geology.

2017-S8086A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8086A

SPONSOR: MARCELLINO
 
TITLE OF BILL:  An act to amend the business corporation law and the
limited liability company law, in relation to the incorporation of
certain businesses for the purpose of practicing professional geology

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend Chapter 260 of the Laws of 2016 to extend provisions of such
law that provide for the sunset of sections that allow business corpo-
rations and limited liability companies to become professional service
corporations, design professional service corporations and professional
limited liability companies by amending their certificates of incorpo-
ration or articles of organization until March 1, 2019.

 
SUMMARY OF PROVISIONS:

Amends § 1503 of the Business Corporation Law and § 1105 of the Limited
Liability Company Law.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

 
JUSTIFICATION:

Subdivisions (b-6) and (b-7) of paragraph (1) of § 1503 of the Business
Corporation Law allow business corporations to become professional
service corporations and design professional service corporations by
amending their certificates of incorporation and subdivision (a) of §
1105 of the Limited Liability Company allows limited liability companies
to become professional limited liability companies by amending their
certificates of organization. The purpose of these provisions is to
allow these conversions to take place without dissolving and starting up
businesses, which could result in adverse tax consequences, burdensome
paperwork and possible cancellation of existing contracts. The sunset of
these provisions has resulted in a situation wherein geologists that are
still "in the pipeline" to satisfy the Education Department's licensing
requirements would become unable to take advantage of the benefits
conferred under Chapter 260 of the Laws of 2016. This bill provides some
"breathing room" to these individuals by extending the provisions of
this chapter to March 1, 2019.

 
PRIOR LEGISLATIVE HISTORY:

Chapter 260 of the laws of 2016.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after March 1, 2018.

2017-S8086A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8086--A
     Cal. No. 1247
 
                             I N  S E N A T E
 
                              March 27, 2018
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Corporations, Author-
   ities and Commissions  --  reported  favorably  from  said  committee,
   ordered  to first report, amended on first report, ordered to a second
   report and ordered reprinted, retaining its  place  in  the  order  of
   second report

 AN  ACT  to amend the business corporation law and the limited liability
   company law, in relation to the incorporation  of  certain  businesses
   for the purpose of practicing professional geology
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subparagraph 1 of paragraph  (b-6)
 of section 1503 of the business corporation law, as added by chapter 260
 of the laws of 2016, is amended to read as follows:
   Prior to the first day of March, two thousand [eighteen] NINETEEN, the
 state  education  department  and the department of state shall allow an
 existing business corporation organized under article four of this chap-
 ter to become a professional SERVICE  corporation  as  defined  in  this
 article  for  the  purpose  of practicing professional geology, provided
 that the surviving corporation meet all of the requirements to become  a
 professional  SERVICE  corporation, including that the name of a profes-
 sional SERVICE corporation shall end with the words "professional corpo-
 ration" or the abbreviation "P.C." by amending its certificate of incor-
 poration so that it contains the following:
   § 2. The opening paragraph of subparagraph 1  of  paragraph  (b-7)  of
 section 1503 of the business corporation law, as added by chapter 260 of
 the laws of 2016, is amended to read as follows:
   Prior to the first day of March, two thousand [eighteen] NINETEEN, the
 state  education  department  and the department of state shall allow an
 existing business corporation organized under article four of this chap-
 ter to become a design professional service corporation  as  defined  in
 this  article  for  the  purpose  of  practicing  professional  geology,
 provided that the surviving corporation meet all of the requirements  to
 become  a  design  professional  service corporation, including that the

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15117-03-8

 S. 8086--A                          2
 
 name shall end with the words "design professional service  corporation"
 or  the  abbreviation  "D.P.C."  by amending its certificate of incorpo-
 ration so that it contains the following:
   §  3.  The opening paragraph of subdivision (a) of section 1105 of the
 limited liability company law, as added by chapter 260 of  the  laws  of
 2016, is amended to read as follows:
   Prior to the first day of March, two thousand [eighteen] NINETEEN, the
 state  education  department  and the department of state shall allow an
 existing limited liability company organized under article two  of  this
 chapter  to  become  a professional service limited liability company as
 defined in article twelve of this chapter for the purpose of  practicing
 professional geology, provided the limited liability company meet all of
 the  requirements  to  become  a  professional service limited liability
 company, including that the  name  of  a  professional  service  limited
 liability company shall end with the words "Professional Limited Liabil-
 ity  Company"  or  "Limited  Liability  Company",  or  the abbreviations
 "P.L.L.C.", "PLLC", "L.L.C.", or  "LLC"  by  amending  its  articles  of
 organization so that it contains the following:
   §  4.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after March 1, 2018.

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