Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 08, 2020 |
referred to local government |
Mar 07, 2019 |
referred to local government |
Senate Bill S4303
2019-2020 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
co-Sponsors
(R, C, IP, RFM) Senate District
(R, C) 60th Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
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) - Sponsor Memo
BILL NUMBER: S4303 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 professionals 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 an 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
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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