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Assembly Bill A4290

2009-2010 Legislative Session

Provides that a contract made by a person unlicensed to practice certain professions shall be against public policy

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Archive: Last Bill Status - In Assembly Committee

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2009-A4290 (ACTIVE) - Details

See Senate Version of this Bill:
S1619
Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd ยงยง7209, 7307 & 7327, Ed L

2009-A4290 (ACTIVE) - Summary

Provides that a contract made by a person unlicensed to practice engineering services, architectural services or landscape architectural services which assumes responsibility for both design and construction of a building project is against public policy, and unenforceable unless such person is identified in such contract and doesn't have an interest in such contracting party and the practice of such licensee is independent of the contracting party's business.

2009-A4290 (ACTIVE) - Bill Text download pdf 

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

    S. 1619                                                  A. 4290

                       2009-2010 Regular Sessions

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

                            February 3, 2009
                               ___________

IN  SENATE -- Introduced by Sens. LAVALLE, DIAZ, LARKIN, MORAHAN, VOLKER
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Higher Education

IN ASSEMBLY -- Introduced by M.  of  A.  CANESTRARI  --  read  once  and
  referred to the Committee on Higher Education

AN  ACT  to  amend the education law, in relation to the independence of
  design professionals in certain contractual relationships

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

  Section  1.  Section  7209 of the education law is amended by adding a
new subdivision 10 to read as follows:
  10. A CONTRACT MADE BY A PERSON OR  ENTITY  WHO  IS  NOT  LICENSED  OR
OTHERWISE AUTHORIZED TO PRACTICE ENGINEERING, AS SUCH TERM IS DEFINED IN
SECTION SEVENTY-TWO HUNDRED ONE OF THIS ARTICLE, WHICH ASSUMES RESPONSI-
BILITY  FOR BOTH DESIGN AND CONSTRUCTION OF A BUILDING PROJECT, OR UNDER
WHICH SAID PERSON OR ENTITY UNDERTAKES TO  PROCURE  OR  PROVIDE  PROFES-
SIONAL  DESIGN  SERVICES, SHALL BE AGAINST PUBLIC POLICY AND UNENFORCEA-
BLE. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, HOWEVER, SUCH A
CONTRACT MADE BY A PERSON OR ENTITY WHO IS  NOT  LICENSED  OR  OTHERWISE
AUTHORIZED  TO  PRACTICE ENGINEERING, SHALL BE IN ACCORDANCE WITH PUBLIC
POLICY AND ENFORCEABLE IF THE LICENSED ENGINEER OR ENTITY  DULY  AUTHOR-
IZED  PURSUANT TO SECTION SEVENTY-TWO HUNDRED TEN OF THIS ARTICLE WHO IS
TO PERFORM THE DESIGN SERVICES IS IDENTIFIED IN SUCH CONTRACT  AND  SUCH
LICENSEE  OR AUTHORIZED ENTITY IS NEITHER AN OFFICER, PARTNER, EMPLOYEE,
SHAREHOLDER NOR MEMBER OF, AND DOES NOT MAINTAIN AN EQUITY INTEREST  IN,
SUCH  CONTRACTING PARTY AND THE PRACTICE OF SUCH LICENSEE IS INDEPENDENT
OF THE CONTRACTING PARTY'S BUSINESS.
  S 2. Section 7307 of the education law is  amended  by  adding  a  new
subdivision 6 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02574-01-9

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