senate Bill S5038A

2013-2014 Legislative Session

Requires contracts between professional design firms and municipal corporations, state and local authorities, or state departments contain language concerning indemnification

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 10, 2014 print number 5038a
amend and recommit to finance
Feb 04, 2014 reported and committed to finance
Jan 08, 2014 referred to local government
Jun 04, 2013 reported and committed to finance
May 07, 2013 referred to local government

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S5038 - Details

See Assembly Version of this Bill:
A7275B
Current Committee:
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

S5038 - Summary

Requires contracts between professional design firms and municipal corporations, state and local authorities, or state departments contain language concerning indemnification.

S5038 - Sponsor Memo

S5038 - Bill Text download pdf

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

                                  5038

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 7, 2013
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, the  public  authorities  law
  and  the  state finance law in relation to contracts with professional
  design firms

  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:
  S 103-H. INDEMNIFICATION LANGUAGE IN CONTRACTS.   1.  DEFINITIONS.  AS
USED IN THIS SECTION:
  A.  THE  TERM "MUNICIPAL CORPORATION," SHALL MEAN A COUNTY, TOWN, CITY
AND VILLAGE.
  B. THE TERM "PROFESSIONAL FIRM" SHALL BE DEFINED AS ANY INDIVIDUAL  OR
SOLE  PROPRIETORSHIP,  PARTNERSHIP,  CORPORATION,  ASSOCIATION, OR OTHER
LEGAL ENTITY PERMITTED BY LAW TO PRACTICE THE PROFESSIONS  OF  ARCHITEC-
TURE, ENGINEERING OR SURVEYING.
  2.  ALL  CONTRACTS SUBJECT TO THIS ARTICLE SHALL INCLUDE THE FOLLOWING
LANGUAGE:
  "TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROFESSIONAL FIRM  AGREES
TO INDEMNIFY AND HOLD THE MUNICIPAL CORPORATION, ITS OFFICERS, DIRECTORS
AND EMPLOYEES HARMLESS FROM ALL THIRD PARTY CLAIMS, LIABILITIES, DAMAGES
AND COSTS (INCLUDING ALL REASONABLE ATTORNEY'S FEES AND COST OF DEFENSE)
TO  WHICH THE MUNICIPAL CORPORATION, ITS OFFICERS, DIRECTORS AND EMPLOY-
EES MAY BE SUBJECT TO, ARISING OUT OF THE DEATH OR BODILY INJURY TO  ANY
PERSON OR THE DESTRUCTION OR DAMAGE TO ANY PROPERTY TO THE EXTENT CAUSED
BY THE NEGLIGENT ACTS, ERRORS OR OMISSIONS, OR WILLFUL MISCONDUCT OF THE
PROFESSIONAL  FIRM'S PERFORMANCE OF PROFESSIONAL SERVICES PROVIDED UNDER
THIS AGREEMENT AND THOSE OF ITS SUB-CONSULTANTS OR ANYONE FOR  WHOM  THE
PROFESSIONAL FIRM IS LEGALLY LIABLE."

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10794-01-3

Co-Sponsors

S5038A (ACTIVE) - Details

See Assembly Version of this Bill:
A7275B
Current Committee:
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

S5038A (ACTIVE) - Summary

Requires contracts between professional design firms and municipal corporations, state and local authorities, or state departments contain language concerning indemnification.

S5038A (ACTIVE) - Sponsor Memo

S5038A (ACTIVE) - Bill Text download pdf

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

                                 5038--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 7, 2013
                               ___________

Introduced  by  Sens. MARTINS, SEWARD -- read twice and ordered printed,
  and when printed to be committed to the Committee on Local  Government
  -- recommitted to the Committee on Local Government in accordance with
  Senate  Rule  6,  sec. 8 -- reported favorably from said committee and
  committed to the Committee on Finance --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the general municipal law, the  public  authorities  law
  and  the  state finance law in relation to contracts with professional
  design firms

  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:
  S 103-H. INDEMNIFICATION LANGUAGE IN CONTRACTS.   1.  DEFINITIONS.  AS
USED IN THIS SECTION:
  A.  THE  TERM  "MUNICIPAL CORPORATION" SHALL MEAN A COUNTY, TOWN, CITY
AND VILLAGE.
  B. THE TERM "PROFESSIONAL FIRM" SHALL BE DEFINED AS ANY INDIVIDUAL  OR
SOLE  PROPRIETORSHIP,  PARTNERSHIP,  CORPORATION,  ASSOCIATION, OR OTHER
LEGAL ENTITY PERMITTED BY LAW TO PRACTICE THE PROFESSIONS  OF  ARCHITEC-
TURE, ENGINEERING OR SURVEYING.
  2.  ALL  CONTRACTS SUBJECT TO THIS ARTICLE SHALL INCLUDE THE FOLLOWING
LANGUAGE:
  "TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROFESSIONAL FIRM  AGREES
TO INDEMNIFY AND HOLD THE MUNICIPAL CORPORATION, ITS OFFICERS, DIRECTORS
AND EMPLOYEES HARMLESS FROM ALL THIRD PARTY CLAIMS, LIABILITIES, DAMAGES
AND COSTS (INCLUDING ALL REASONABLE ATTORNEY'S FEES AND COST OF DEFENSE)
TO  WHICH THE MUNICIPAL CORPORATION, ITS OFFICERS, DIRECTORS AND EMPLOY-
EES MAY BE SUBJECT TO, ARISING OUT OF THE DEATH OR BODILY INJURY TO  ANY
PERSON OR THE DESTRUCTION OR DAMAGE TO ANY PROPERTY TO THE EXTENT CAUSED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10794-02-4

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