Senate Bill S4303

2019-2020 Legislative Session

Relates to the liability of design professionals

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government 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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2019-S4303 (ACTIVE) - Details

Current Committee:
Senate Local Government
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 2017-2018 Legislative Session:
S6622

2019-S4303 (ACTIVE) - 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, 2020.

2019-S4303 (ACTIVE) - Sponsor Memo

2019-S4303 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4303
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2019
                                ___________
 
 Introduced  by  Sens.  RANZENHOFER,  AKSHAR,  GALLIVAN,  JACOBS, ROBACH,
   SEWARD -- 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 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 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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