Senate Bill S6059

2023-2024 Legislative Session

Prohibits broad indemnification by a design professional of a state or local agency or political subdivision involving public work for contracts

download bill text pdf

Sponsored By

Current Bill Status - Stricken


  • 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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2023-S6059 (ACTIVE) - Details

See Assembly Version of this Bill:
A7610
Law Section:
General Municipal Law
Laws Affected:
Add §103-h, Gen Muni L; add §2879-d, Pub Auth L; amd §136-a, St Fin L

2023-S6059 (ACTIVE) - Summary

Prohibits broad indemnification by a design professional of a state or local agency or political subdivision involving public work for contracts except to the extent that damages were caused by or the result of the negligence, recklessness, or willful misconduct of the design professional.

2023-S6059 (ACTIVE) - Sponsor Memo

2023-S6059 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6059
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 AN ACT to amend the general municipal law, the  public  authorities  law
   and  the state finance law, in relation to liability of design profes-
   sionals

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  general  municipal  law  is  amended by adding a new
 section 103-h to read as follows:
   § 103-H. DESIGN  PROFESSIONAL  LIABILITY.  1.  FOR  PURPOSES  OF  THIS
 SECTION, THE TERM "DESIGN PROFESSIONAL" SHALL MEAN:
   A. AN INDIVIDUAL LICENSED PURSUANT TO ARTICLES ONE HUNDRED FORTY-FIVE,
 ONE  HUNDRED  FORTY-SEVEN,  AND ONE HUNDRED FORTY-EIGHT OF THE EDUCATION
 LAW; OR
   B. ANY CORPORATION, LIMITED LIABILITY COMPANY,  PARTNERSHIP  OR  OTHER
 BUSINESS  ENTITY  LEGALLY  AUTHORIZED TO PRACTICE ANY OF THE PROFESSIONS
 REGULATED BY ARTICLES ONE HUNDRED FORTY-FIVE, ONE  HUNDRED  FORTY-SEVEN,
 AND ONE HUNDRED FORTY-EIGHT OF THE EDUCATION LAW.
   2. ANY PROVISION, CLAUSE, COVENANT, OR AGREEMENT CONTAINED IN, COLLAT-
 ERAL TO, OR AFFECTING A CONTRACT EXECUTED ON OR AFTER JANUARY FIRST, TWO
 THOUSAND  TWENTY-FOUR  BETWEEN  A  MUNICIPAL  CORPORATION, AS DEFINED IN
 SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW, AND A DESIGN  PROFES-
 SIONAL   FOR   PROFESSIONAL  DESIGN  SERVICES  RELATED  TO  THE  DESIGN,
 CONSTRUCTION, REPAIR, OR MAINTENANCE OF ANY PUBLIC BUILDING,  STRUCTURE,
 HIGHWAY, BRIDGE, VIADUCT, WATER OR SEWER SYSTEM, OR OTHER PUBLIC FACILI-
 TY  THAT  REQUIRES  A  DESIGN  PROFESSIONAL  TO DEFEND OR INDEMNIFY SUCH
 MUNICIPAL  CORPORATION,  ITS  AGENTS,  CONTRACTORS,  SUBCONTRACTORS   OR
 SUPPLIERS  SHALL  BE  DEEMED  VOID  AND AGAINST PUBLIC POLICY AND WHOLLY
 UNENFORCEABLE, EXCEPT AS TO CLAIMS THAT ARE CAUSED BY OR THE  RESULT  OF
 THE  NEGLIGENCE,  RECKLESSNESS,  OR  WILLFUL  MISCONDUCT  OF  THE DESIGN
 PROFESSIONAL. ANY CONTRACTUAL OBLIGATION PERMITTED  UNDER  THIS  SECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10182-01-3
              

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