NY State Senate Bill 2017-S6622A

Archive: Last Bill Status - Vetoed by Governor

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 17, 2018	vetoed memo.265
Aug 07, 2018	delivered to governor
Jun 20, 2018	returned to senate passed assembly ordered to third reading rules cal.445 substituted for a8293a
Jun 14, 2018	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1792 committee discharged and committed to rules
May 24, 2018	print number 6622a
May 24, 2018	amend and recommit to local government
Jan 03, 2018	referred to local government
Jun 07, 2017	referred to rules

Votes

- Jun 14, 2018 - Floor Vote
  S6622A
  
  58
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2018
      
      aye (58)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      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
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (1)
      
      Krueger
      
      excused (4)
      
      Croci
      
      LaValle
      
      Sepúlveda
      
      Serrano
  Jun 14, 2018 - Rules Committee Vote
  S6622A
  
  20
  
  Aye
  
  2
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 14, 2018
      
      aye (20)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Flanagan
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Klein
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      nay (2)
      
      Krueger
      
      Parker
      
      aye wr (3)
      
      Dilan
      
      Gianaris
      
      Montgomery

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2017-S6622 - Details

See Assembly Version of this Bill:: A8293
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
Versions Introduced in 2019-2020 Legislative Session:: S4303

2017-S6622 - Summary

Relates to the liability of design professionals; prohibits broad indemnification of a state or local agency or political subdivision involving public work for contracts executed on or after January 1, 2019.

2017-S6622 - Sponsor Memo

                                 BILL NUMBER:  S6622

 TITLE OF BILL :

An act to amend the general municipal law, the public authorities law
and the state finance law, in relation to liability of design
professionals

 PURPOSE OF THE BILL :

The bill provides that in contracts for public works, design
professionals (engineers, architects and surveyors) may be required to
defend and provide indemnification for damages caused by or are the
result of their own negligence, recklessness, or willful misconduct,
but not for damages that are the responsibility of other parties, and
that contract provisions that attempt to expand the defense and
indemnification obligations of such design professionals to include
damages caused by other parties are void and contrary to public
policy.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends article 5-A of the General Municipal Law by adding a
new § 103-h. The new § 103-h provides that provisions requiring
defense and indemnification in contracts involving a public work are
void to the extent that a design professional is required to defend

and indemnify a political subdivision or other parties for damages
that are not the result of the negligence, recklessness, or willful
misconduct of the design professional.

Section 2 amends the Public Authorities Law by adding a new § 2879-d.
The new § 2879-d provides that provisions requiring defense and
indemnification in contracts involving a public work are void to the
extent that a design professional is required to defend and indemnify
the public authority or other parties for damages that are not the
result of the negligence, recklessness, or willful misconduct of the
design professional.

Section 3 amends § 136-a of the State Finance Law by adding a new
subdivision 6. The new subdivision 6 provides that provisions
requiring defense and indemnification in contracts involving a public
work are void to the extent that a design professional is required to
defend and indemnify a State Agency or other parties for damages that
are not the result of the negligence, recklessness, or willful
misconduct of the design professional.

Section 4 provides that the provisions of bill shall take effect
immediately.

 JUSTIFICATION :

State agencies, public authorities and local governments have recently
insisted upon the inclusion of broad form indemnification provisions
in contracts for public works with design professionals. These
provisions require the design professional to defend and indemnify the
public project owner for loses related to the actions or failures of
other parties that are unrelated to the design professional services.

Design professional have little or no ability to negotiate with public
owners regarding these provisions. In fact, the public owner has the
ability to dictate contract terms of this type.

The broad form defense and indemnification provisions subject the
design professional to liability for services that are well beyond the
design professional's contractual scope of work and for matters over
which the design professional has no control.
Design professionals are unable to secure insurance to cover the scope
of claims these provisions can generate. Hence, the demands for
defense and indemnification costs beyond the scope of the design
professional's contractual scope of work may be illusory.

Design professionals understand expect that they will be responsible
for damages that are the result of their own negligence, recklessness,
or willful misconduct, but not for damages that are the responsibility
of other parties.

 PRIOR LEGISLATIVE HISTORY :

None

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S6622 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6622
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 7, 2017
                                ___________
 
 Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules
 
 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  THE
 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 DEFENSE OR INDEMNIFICATION OBLIGATION INCLUDED IN A PROVISION,
 CLAUSE, COVENANT, OR AGREEMENT CONTAINED IN, COLLATERAL TO, OR AFFECTING
 A CONTRACT WITH A DESIGN  PROFESSIONAL  INVOLVING  A  PUBLIC  WORK  THAT
 REQUIRES A DESIGN PROFESSIONAL TO DEFEND OR INDEMNIFY A POLITICAL SUBDI-
 VISION,  ITS  AGENTS,  CONTRACTORS, SUBCONTRACTORS OR SUPPLIERS SHALL BE
 DEEMED VOID AND AGAINST PUBLIC POLICY AND WHOLLY UNENFORCEABLE EXCEPT TO
 THE EXTENT THAT SUCH DAMAGES WERE CAUSED BY OR THE RESULT OF THE  NEGLI-
 GENCE,  RECKLESSNESS,  OR WILLFUL MISCONDUCT OF THE DESIGN PROFESSIONAL.
 THIS SECTION SHALL NOT BE WAIVED OR MODIFIED BY  CONTRACTUAL  AGREEMENT,
 ACT, OR OMISSION OF THE PARTIES.
   §  2.  The  public  authorities law is amended by adding a new section
 2879-d to read as follows:
   § 2879-D. DESIGN PROFESSIONAL LIABILITY. 1. AS USED IN THIS SECTION:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11957-01-7

 S. 6622                             2
 
   A. THE TERM "DESIGN PROFESSIONAL" SHALL MEAN:
   (1)  AN  INDIVIDUAL  LICENSED  PURSUANT TO ARTICLES ONE HUNDRED FORTY-
 FIVE, ONE HUNDRED FORTY-SEVEN, AND ONE HUNDRED FORTY-EIGHT OF THE EDUCA-
 TION LAW, OR
   (2) 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.
   B.  THE TERM "STATE AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR PUBLIC
 BENEFIT CORPORATION CREATED BY OR EXISTING UNDER  THIS  CHAPTER  OR  ANY
 OTHER  LAW  OF  THE  STATE  OF NEW YORK, WITH ONE OR MORE OF ITS MEMBERS
 APPOINTED BY THE GOVERNOR OR WHO SERVE AS MEMBERS BY VIRTUE OF HOLDING A
 CIVIL OFFICE OF THE STATE, OTHER THAN  AN  INTERSTATE  OR  INTERNATIONAL
 AUTHORITY  OR PUBLIC BENEFIT CORPORATION, INCLUDING SUBSIDIARIES OF SUCH
 PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION.
   C. THE TERM "LOCAL AUTHORITY" SHALL MEAN: (1) A  PUBLIC  AUTHORITY  OR
 PUBLIC  BENEFIT CORPORATION CREATED BY OR EXISTING UNDER THIS CHAPTER OR
 ANY OTHER LAW OF THE STATE OF NEW YORK WHOSE MEMBERS DO NOT HOLD A CIVIL
 OFFICE OF THE STATE, ARE NOT APPOINTED BY THE GOVERNOR OR ARE  APPOINTED
 BY  THE  GOVERNOR  SPECIFICALLY  UPON  THE  RECOMMENDATION  OF THE LOCAL
 GOVERNMENT OR GOVERNMENTS; (2) A NOT-FOR-PROFIT  CORPORATION  AFFILIATED
 WITH,  SPONSORED  BY,  OR  CREATED  BY  A  COUNTY, CITY, TOWN OR VILLAGE
 GOVERNMENT; (3) A LOCAL INDUSTRIAL DEVELOPMENTAL AGENCY OR AUTHORITY  OR
 OTHER  LOCAL  PUBLIC BENEFIT CORPORATION; (4) AN AFFILIATE OF SUCH LOCAL
 AUTHORITY; OR (5) A LAND BANK CORPORATION CREATED  PURSUANT  TO  ARTICLE
 SIXTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW.
   2.  ANY DEFENSE OR INDEMNIFICATION OBLIGATION INCLUDED IN A PROVISION,
 CLAUSE, COVENANT, OR AGREEMENT CONTAINED IN, COLLATERAL TO, OR AFFECTING
 A CONTRACT FOR DESIGN PROFESSIONAL SERVICES INVOLVING A PUBLIC WORK THAT
 REQUIRES A DESIGN PROFESSIONAL TO DEFEND OR INDEMNIFY A STATE  AUTHORITY
 OR LOCAL AUTHORITY, ITS AGENTS, CONTRACTORS, SUBCONTRACTORS OR SUPPLIERS
 SHALL  BE DEEMED VOID AND AGAINST PUBLIC POLICY AND WHOLLY UNENFORCEABLE
 EXCEPT TO THE EXTENT THAT SUCH DAMAGES WERE CAUSED BY OR THE  RESULT  OF
 THE  NEGLIGENCE,  RECKLESSNESS,  OR  WILLFUL  MISCONDUCT  OF  THE DESIGN
 PROFESSIONAL. THIS SECTION SHALL NOT BE WAIVED OR MODIFIED BY CONTRACTU-
 AL AGREEMENT, ACT, OR OMISSION OF THE PARTIES.
   § 3. Section 136-a of the state finance law is amended by adding a new
 subdivision 6 to read as follows:
   6. A. AS USED IN THIS SUBDIVISION:
   (1) THE TERM "DESIGN  PROFESSIONAL"  SHALL  MEAN:  (I)  AN  INDIVIDUAL
 LICENSED  PURSUANT  TO  ARTICLES  ONE  HUNDRED  FORTY-FIVE,  ONE HUNDRED
 FORTY-SEVEN, AND ONE HUNDRED FORTY-EIGHT OF THE EDUCATION LAW;  OR  (II)
 ANY  CORPORATION,  LIMITED LIABILITY COMPANY, PARTNERSHIP OR OTHER BUSI-
 NESS ENTITY LEGALLY AUTHORIZED TO PRACTICE ANY OF THE PROFESSIONS  REGU-
 LATED  BY  ARTICLES ONE HUNDRED FORTY-FIVE, ONE HUNDRED FORTY-SEVEN, AND
 ONE HUNDRED FORTY-EIGHT OF THE EDUCATION LAW.
   (2) THE TERM "STATE AGENCY" SHALL MEAN (I) ANY STATE DEPARTMENT,  (II)
 ANY DIVISION, BOARD, COMMISSION OR BUREAU OF ANY STATE DEPARTMENT, (III)
 THE  STATE  UNIVERSITY  OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK,
 INCLUDING ALL THEIR CONSTITUENT UNITS, OR (IV) A BOARD,  A  MAJORITY  OF
 WHOSE  MEMBERS  ARE  APPOINTED BY THE GOVERNOR OR WHO SERVE BY VIRTUE OF
 BEING STATE OFFICERS OR EMPLOYEES AS DEFINED IN SUBPARAGRAPH  (I),  (II)
 OR (III) OF PARAGRAPH (I) OF SUBDIVISION ONE OF SECTION SEVENTY-THREE OF
 THE PUBLIC OFFICERS LAW.
   B.  ANY DEFENSE OR INDEMNIFICATION OBLIGATION INCLUDED IN A PROVISION,
 CLAUSE, COVENANT, OR AGREEMENT CONTAINED IN, COLLATERAL TO, OR AFFECTING

 S. 6622                             3
 
 A CONTRACT FOR DESIGN PROFESSIONAL SERVICES INVOLVING A PUBLIC WORK THAT
 REQUIRES A DESIGN PROFESSIONAL TO DEFEND OR INDEMNIFY SUCH STATE AGENCY,
 ITS AGENTS, CONTRACTORS, SUBCONTRACTORS OR  SUPPLIERS  SHALL  BE  DEEMED
 VOID  AND  AGAINST  PUBLIC POLICY AND WHOLLY UNENFORCEABLE EXCEPT TO THE
 EXTENT THAT SUCH DAMAGES WERE CAUSED BY OR THE RESULT OF THE NEGLIGENCE,
 RECKLESSNESS, OR WILLFUL MISCONDUCT OF  THE  DESIGN  PROFESSIONAL.  THIS
 SECTION  SHALL  NOT BE WAIVED OR MODIFIED BY CONTRACTUAL AGREEMENT, ACT,
 OR OMISSION OF THE PARTIES.
   § 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2017-S6622A (ACTIVE) - Details

See Assembly Version of this Bill:: A8293
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
Versions Introduced in 2019-2020 Legislative Session:: S4303

2017-S6622A (ACTIVE) - Summary

2017-S6622A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6622A

SPONSOR: RANZENHOFER
 
TITLE OF BILL:

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

 
PURPOSE OF THE BILL:

The bill provides that in contracts for public works, design profes-
sionals (engineers, architects and surveyors) may be required to defend
and provide indemnification for damages caused by or are the result of
their own negligence, recklessness, or willful misconduct, but not for
damages that are the responsibility of other parties, and that contract
provisions that attempt to expand the defense and indemnification obli-
gations of such design professionals to include damages caused by other
parties are void and contrary to public policy.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends article 5-A of the General Municipal Law by adding a
new § 103-h. The new § 103-h provides that provisions requiring defense
and indemnification in contracts involving a public work are void to the
extent that a design professional is required to defend and indemnify a
political subdivision or other parties for damages that are not the
result of the negligence, recklessness, or willful misconduct of the
design professional. The amendment more clearly states the objective of
this provision.

Section 2 amends the Public Authorities Law by adding a new § 2879-d.
The new § 2879-d provides that provisions requiring defense and indemni-
fication in contracts involving a public work are void to the extent
that a design professional is required to defend and indemnify the
public authority or other parties for damages that are not the result of
the negligence, recklessness, or willful misconduct of the design
professional. The amendment more clearly states the objective of this
provision.

Section 3 amends § 136-a of the State Finance Law by adding a new subdi-
vision 6. The new subdivision 6 provides that provisions requiring
defense and indemnification in contracts involving a public work are
void to the extent that a design professional is required to defend and
indemnify a State Agency or other parties for damages that are not the
result of the negligence, recklessness, or willful misconduct of the
design professional. The amendment more clearly states the objective of
this provision.

Section 4 provides that the provisions of bill shall take effect imme-
diately.

 
JUSTIFICATION:

State agencies, public authorities and local governments have recently
insisted upon the inclusion of broad form indemnification provisions in
contracts for public works with design professionals. These provisions
require the design professional to defend and indemnify the public
project owner for loses related to the actions or failures of other
parties that are unrelated to the design professional services and over
whom the design professional neither has nor exercises control.

Design professional have little or no ability to negotiate with public
owners regarding these provisions. In fact, the public owner can dictate
contract terms of this type. The design professional only options are to
assume the risks related to these provisions or walk away from the
contract.

These broad form defense and indemnification provisions subject the
design professional to liability for services that are well beyond the
design professional's contractual scope of work and for matters over
which the design professional has no control.

Design professionals are unable to secure insurance to cover the scope
of claims these provisions can generate. Hence, the demands for defense
and indemnification costs beyond the scope of the design professional's
contractual scope of work may be illusory. This is particularly the case
in instances when the public owner tenders a demand on the design
professional for the provision of defense costs for claims unrelated to
design professional's work.

Design professionals understand and expect that they will be responsible
for damages that are the result of their own negligence, recklessness,
or willful misconduct, but not for provision of defense costs and the
payment of damages that are the responsibility of other parties.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None .

 
EFFECTIVE DATE:
The bill shall take effect immediately.

2017-S6622A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6622--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 7, 2017
                                ___________
 
 Introduced  by  Sens.  RANZENHOFER,  AKSHAR,  BONACIC, GALLIVAN, JACOBS,
   ROBACH, SEWARD -- read twice and ordered printed, and when printed  to
   be committed to the Committee on Rules -- recommitted to the Committee
   on  Local  Government  in  accordance  with  Senate  Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 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 NINETEEN BETWEEN A MUNICIPAL CORPORATION, AS DEFINED IN SECTION
 SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW, AND A DESIGN PROFESSIONAL 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  FACILITY  THAT
 REQUIRES  A  DESIGN  PROFESSIONAL  TO DEFEND OR INDEMNIFY SUCH MUNICIPAL
 CORPORATION, ITS AGENTS, CONTRACTORS, SUBCONTRACTORS OR SUPPLIERS  SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11957-03-8

 S. 6622--A                          2
 
 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 SHALL BE LIMITED AND
 ENFORCEABLE  ONLY  TO  THE DEGREE OR PERCENTAGE OR FAULT ATTRIBUTABLE TO
 SUCH DESIGN PROFESSIONAL.
   § 2. The public authorities law is amended by  adding  a  new  section
 2879-d to read as follows:
   § 2879-D. DESIGN PROFESSIONAL LIABILITY. 1. AS USED IN THIS SECTION:
   A. THE TERM "DESIGN PROFESSIONAL" SHALL MEAN:
   (1)  AN  INDIVIDUAL  LICENSED  PURSUANT TO ARTICLES ONE HUNDRED FORTY-
 FIVE, ONE HUNDRED FORTY-SEVEN, AND ONE HUNDRED FORTY-EIGHT OF THE EDUCA-
 TION LAW, OR
   (2) 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.
   B.  THE TERM "STATE AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR PUBLIC
 BENEFIT CORPORATION CREATED BY OR EXISTING UNDER  THIS  CHAPTER  OR  ANY
 OTHER  LAW  OF  THE  STATE  OF NEW YORK, WITH ONE OR MORE OF ITS MEMBERS
 APPOINTED BY THE GOVERNOR OR WHO SERVE AS MEMBERS BY VIRTUE OF HOLDING A
 CIVIL OFFICE OF THE STATE, OTHER THAN  AN  INTERSTATE  OR  INTERNATIONAL
 AUTHORITY  OR PUBLIC BENEFIT CORPORATION, INCLUDING SUBSIDIARIES OF SUCH
 PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION.
   C. THE TERM "LOCAL AUTHORITY" SHALL MEAN: (1) A  PUBLIC  AUTHORITY  OR
 PUBLIC  BENEFIT CORPORATION CREATED BY OR EXISTING UNDER THIS CHAPTER OR
 ANY OTHER LAW OF THE STATE OF NEW YORK WHOSE MEMBERS DO NOT HOLD A CIVIL
 OFFICE OF THE STATE, ARE NOT APPOINTED BY THE GOVERNOR OR ARE  APPOINTED
 BY  THE  GOVERNOR  SPECIFICALLY  UPON  THE  RECOMMENDATION  OF THE LOCAL
 GOVERNMENT OR GOVERNMENTS; (2) A NOT-FOR-PROFIT  CORPORATION  AFFILIATED
 WITH,  SPONSORED  BY,  OR  CREATED  BY  A  COUNTY, CITY, TOWN OR VILLAGE
 GOVERNMENT; (3) A LOCAL INDUSTRIAL DEVELOPMENTAL AGENCY OR AUTHORITY  OR
 OTHER  LOCAL  PUBLIC BENEFIT CORPORATION; (4) AN AFFILIATE OF SUCH LOCAL
 AUTHORITY; OR (5) A LAND BANK CORPORATION CREATED  PURSUANT  TO  ARTICLE
 SIXTEEN OF THE NOT-FOR-PROFIT CORPORATION 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  NINETEEN  BETWEEN  A  STATE AUTHORITY OR LOCAL AUTHORITY AND A
 DESIGN PROFESSIONAL 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  FACILITY THAT REQUIRES A DESIGN PROFESSIONAL TO DEFEND OR INDEM-
 NIFY SUCH STATE AUTHORITY OR LOCAL AUTHORITY, 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 SHALL BE LIMITED AND ENFORCEABLE ONLY TO THE DEGREE OR  PERCENT-
 AGE OR FAULT ATTRIBUTABLE TO SUCH DESIGN PROFESSIONAL.
   § 3. Section 136-a of the state finance law is amended by adding a new
 subdivision 6 to read as follows:
   6. A. AS USED IN THIS SUBDIVISION:
   (1)  THE  TERM  "DESIGN  PROFESSIONAL"  SHALL  MEAN: (I) AN INDIVIDUAL
 LICENSED PURSUANT  TO  ARTICLES  ONE  HUNDRED  FORTY-FIVE,  ONE  HUNDRED
 FORTY-SEVEN,  AND  ONE HUNDRED FORTY-EIGHT OF THE EDUCATION LAW; OR (II)
 ANY CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP OR  OTHER  BUSI-

 S. 6622--A                          3
 
 NESS  ENTITY LEGALLY AUTHORIZED TO PRACTICE ANY OF THE PROFESSIONS REGU-
 LATED BY ARTICLES ONE HUNDRED FORTY-FIVE, ONE HUNDRED  FORTY-SEVEN,  AND
 ONE HUNDRED FORTY-EIGHT OF THE EDUCATION LAW.
   (2)  THE TERM "STATE AGENCY" SHALL MEAN (I) ANY STATE DEPARTMENT, (II)
 ANY DIVISION, BOARD, COMMISSION OR BUREAU OF ANY STATE DEPARTMENT, (III)
 THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY  OF  NEW  YORK,
 INCLUDING  ALL  THEIR  CONSTITUENT UNITS, OR (IV) A BOARD, A MAJORITY OF
 WHOSE MEMBERS ARE APPOINTED BY THE GOVERNOR OR WHO SERVE  BY  VIRTUE  OF
 BEING  STATE  OFFICERS OR EMPLOYEES AS DEFINED IN SUBPARAGRAPH (I), (II)
 OR (III) OF PARAGRAPH (I) OF SUBDIVISION ONE OF SECTION SEVENTY-THREE OF
 THE PUBLIC OFFICERS LAW.
   B. ANY PROVISION, CLAUSE, COVENANT, OR AGREEMENT CONTAINED IN, COLLAT-
 ERAL TO, OR AFFECTING A CONTRACT EXECUTED ON OR AFTER JANUARY FIRST, TWO
 THOUSAND NINETEEN BETWEEN A STATE AGENCY AND A DESIGN  PROFESSIONAL  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 FACILITY THAT
 REQUIRES A DESIGN PROFESSIONAL TO DEFEND OR INDEMNIFY SUCH STATE AGENCY,
 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  OBLI-
 GATION  PERMITTED  UNDER  THIS  SECTION SHALL BE LIMITED AND ENFORCEABLE
 ONLY TO THE DEGREE OR PERCENTAGE OR FAULT ATTRIBUTABLE  TO  SUCH  DESIGN
 PROFESSIONAL.
   § 4. This act shall take effect immediately.

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Senate Bill S6622A

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Jun 14, 2018 - Floor Vote

Floor Vote: Jun 14, 2018

Jun 14, 2018 - Rules Committee Vote

Rules Committee Vote: Jun 14, 2018

Bill Amendments

co-Sponsors

2017-S6622 - Details

2017-S6622 - Summary

2017-S6622 - Sponsor Memo

2017-S6622 - Bill Text download pdf

co-Sponsors

2017-S6622A (ACTIVE) - Details

2017-S6622A (ACTIVE) - Summary

2017-S6622A (ACTIVE) - Sponsor Memo

2017-S6622A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6622A

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Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Bill Amendments

co-Sponsors

2017-S6622 - Details

2017-S6622 - Summary

2017-S6622 - Sponsor Memo

2017-S6622 - Bill Text download pdf

co-Sponsors

2017-S6622A (ACTIVE) - Details

2017-S6622A (ACTIVE) - Summary

2017-S6622A (ACTIVE) - Sponsor Memo

2017-S6622A (ACTIVE) - Bill Text download pdf

Comments