NY State Senate Bill 2011-S6336

Senate Bill S6336

2011-2012 Legislative Session

Permits interior designers to enter into joint enterprise or partnership of a design corporation

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

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 (5)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 21, 2012	committed to rules
Jun 04, 2012	advanced to third reading
May 31, 2012	2nd report cal.
May 30, 2012	1st report cal.943
Jan 27, 2012	referred to corporations, authorities and commissions

Votes

- May 30, 2012 - Corporations, Authorities And Commissions Committee Vote
  S6336
  
  5
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: May 30, 2012
      
      aye (5)
      
      Flanagan
      
      Larkin
      
      Martins
      
      Ranzenhofer
      
      Squadron
      
      aye wr (1)
      
      Perkins

2011-S6336 (ACTIVE) - Details

See Assembly Version of this Bill:: A9132
Current Committee:: Senate Rules
Law Section:: Business Corporation Law
Laws Affected:: Amd §1503, BC L; amd §§7209, 7307 & 7327, add §8307, Ed L; amd §1203, Lim Lil L
Versions Introduced in 2013-2014 Legislative Session:: S1955

2011-S6336 (ACTIVE) - Summary

Permits interior designers to enter into joint enterprise or partnership of a design corporation.

2011-S6336 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6336

TITLE OF BILL:
An act
to amend the business corporation law, the education law
and the limited liability company law, in relation
to permitting certified interior designers to enter into joint
enterprise or partnership of a design corporation

GENERAL IDEA OF BILL:
This legislation permits certified interior
designers to be included among the professions able to enter into
joint enterprise or partnership of a design corporation.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends paragraph (a) of
section 1503 of the business corporation law, as added by chapter 974
of the laws of 1970 to include interior design among the professions
permitted to form a Professional service corporation.

Section 2 - Section 4. Amends subdivision 4 of section 7209,
subdivision 2 of section 7307 and subdivision 2 of section 7327 of
the education law, as added by chapter 987 of the laws of 1971, to
include interior designers among the professions permitted to join in
the formation of a joint enterprise, partnership or a professional
service corporation.

Section 5, Renumbers section 8307 of the education law as section 8308
and adds a new section 8307 to permit interior designers to form a
professional service corporation, joint enterprise, partnership,
limited liability company or Corporation.

Section 6. Amends subdivision (a) of section 1203 of the limited
liability company law, as separately amended by chapters 420 and 676
of the laws of 2002, to include interior designers among the
professions permitted to join in the partnership or formation of a
professional service limited liability company.

Section 7. Sets forth effective date.

PURPOSE AND JUSTIFICATION:
The changing needs of the design industry
necessitate that certified interior designers be able to form into
professional partnerships. In fact, on e practical level, many
certified interior designers already engage in substantive business
practices at the same level as partners of design corporations
certified in other professions. Yet, the inability to officially
serve as a partners or principals in such firms inhibits the ability
to most effectively conduct business, expand operations and plan for
the future. Inclusion of interior design among the list of
professions permitted to serve as partners/principals of design

corporations does not permit interior designers to practice any other
licensed or certified profession.

PRIOR LEGISLATIVE HISTORY:
Previously A.6933A.

FISCAL. IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S6336 (ACTIVE) - Bill Text download pdf

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

    S. 6336                                                  A. 9132

                      S E N A T E - A S S E M B L Y

                            January 27, 2012
                               ___________

IN SENATE -- Introduced by Sen. RITCHIE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Corporations,
  Authorities and Commissions

IN ASSEMBLY -- Introduced by M. of A. LAVINE -- Multi-Sponsored by -- M.
  of A. BRONSON, GABRYSZAK, GALEF, JAFFEE, McDONOUGH, P. RIVERA, STEVEN-
  SON,  TITONE,  WEPRIN  --  read  once and referred to the Committee on
  Corporations, Authorities and Commissions

AN ACT to amend the business corporation law, the education law and  the
  limited  liability  company  law,  in relation to permitting certified
  interior designers to enter into joint enterprise or partnership of  a
  design corporation

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

  Section 1. 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, INTERIOR DESIGN  or  land
surveying  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 2. Subdivision 4 of section 7209 of the education law, as amended by
chapter 550 of the laws of 2011, is amended to read as follows:
  4. Engineers, land surveyors, architects, CERTIFIED  INTERIOR  DESIGN-
ERS,  and  landscape  architects  may  join  in the formation of a joint
enterprise, or a partnership or a professional service corporation or  a

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

                                                           LBD07972-05-2

S. 6336                             2                            A. 9132

design professional service corporation or may form any desired combina-
tion 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 3. 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, architects, CERTIFIED INTERIOR DESIGN-
ERS, and landscape architects may join  in  the  formation  of  a  joint
enterprise,  or a partnership or a professional service corporation or a
design professional service corporation or may form any desired combina-
tion 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 4. 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, architects, CERTIFIED INTERIOR DESIGN-
ERS, and landscape architects may join  in  the  formation  of  a  joint
enterprise,  or a partnership or a professional service corporation or a
design professional service corporation or may form any desired combina-
tion 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  5. Section 8307 of the education law is renumbered section 8308 and
a new section 8307 is added to read as follows:
  S 8307. SPECIAL PROVISIONS.  ENGINEERS,  LAND  SURVEYORS,  ARCHITECTS,
CERTIFIED  INTERIOR  DESIGNERS, AND LANDSCAPE ARCHITECTS MAY JOIN IN THE
FORMATION OF A JOINT ENTERPRISE, OR A  PARTNERSHIP,  OR  A  PROFESSIONAL
SERVICE  CORPORATION, OR A LIMITED LIABILITY PARTNERSHIP OR MAY FORM ANY
DESIRED COMBINATION OF SUCH PROFESSIONS AND MAY USE IN THE NAME OF  SUCH
CORPORATION  OR  PARTNERSHIP  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  6. Subdivision (a) of section 1203 of the limited liability company
law, as separately amended by chapters 420 and 676 of the laws of  2002,
is amended to read as follows:
  (a)  Notwithstanding  the education law or any other provision of law,
one or more professionals each of whom is authorized by law to render  a
professional  service within the state, or one or more professionals, at
least one of whom is authorized by law to render a professional  service
within  the  state,  may  form,  or  cause  to be formed, a professional
service limited liability company for pecuniary profit under this  arti-
cle for the purpose of rendering the professional service or services as
such professionals are authorized to practice. With respect to a profes-
sional  service  limited  liability  company  formed  to provide medical
services as such services are defined in article 131  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 131 of the education law  to  practice  medicine  in
this  state.  With  respect  to a professional service limited liability
company formed to provide dental services as such services  are  defined
in article 133 of the education law, each member of such limited liabil-
ity  company  must  be licensed pursuant to article 133 of the education
law to practice dentistry in this state. With respect to a  professional
service  limited liability company formed to provide veterinary services
as such services are defined in article 135 of the education  law,  each
member  of  such  limited liability company must be licensed pursuant to
article 135 of the education law to practice veterinary medicine in this

S. 6336                             3                            A. 9132

state. With respect to a professional service limited liability  company
formed  to  provide  professional  engineering,  INTERIOR  DESIGN,  land
surveying, architectural and/or landscape architectural services as such
services  are defined in article 145, article 147 [and], article 148 AND
ARTICLE 161 of the education law, each member of such limited  liability
company  must be licensed pursuant to article 145, article 147 [and/or],
article 148 AND/OR ARTICLE 161 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  profes-
sional 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 crea-
tive 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  addi-
tion  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 divi-
sion of the supreme court or the court of appeals.
  S 7. This act shall take effect immediately.

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