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S06622 Summary:

S06622 Actions:

S06622 Committee Votes:

S06622 Floor Votes:

S06622 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6622--A
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                      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:
 
     1    Section 1. The general municipal  law  is  amended  by  adding  a  new
     2  section 103-h to read as follows:
     3    §  103-h.  Design  professional  liability.  1.  For  purposes of this
     4  section, the term "design professional" shall mean:
     5    a. An individual licensed pursuant to articles one hundred forty-five,
     6  one hundred forty-seven, and one hundred forty-eight  of  the  education
     7  law; or
     8    b.  Any  corporation,  limited liability company, partnership or other
     9  business entity legally authorized to practice any  of  the  professions
    10  regulated  by  articles one hundred forty-five, one hundred forty-seven,
    11  and one hundred forty-eight of the education law.
    12    2. Any provision, clause, covenant, or agreement contained in, collat-
    13  eral to, or affecting a contract executed on or after January first, two
    14  thousand nineteen between a municipal corporation, as defined in section
    15  sixty-six of the general construction law, and a design professional for
    16  professional  design  services  related  to  the  design,  construction,
    17  repair,  or  maintenance  of  any  public  building, structure, highway,
    18  bridge, viaduct, water or sewer system, or other  public  facility  that
    19  requires  a  design  professional  to defend or indemnify such municipal
    20  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
 
     1  be  deemed  void  and  against  public  policy and wholly unenforceable,
     2  except as to claims that are caused by or the result of the  negligence,
     3  recklessness,  or  willful  misconduct  of  the design professional. Any
     4  contractual obligation permitted under this section shall be limited and
     5  enforceable  only  to  the degree or percentage or fault attributable to
     6  such design professional.
     7    § 2. The public authorities law is amended by  adding  a  new  section
     8  2879-d to read as follows:
     9    § 2879-d. Design professional liability. 1. As used in this section:
    10    a. The term "design professional" shall mean:
    11    (1)  An  individual  licensed  pursuant to articles one hundred forty-
    12  five, one hundred forty-seven, and one hundred forty-eight of the educa-
    13  tion law, or
    14    (2) Any corporation, limited liability company, partnership  or  other
    15  business  entity  legally  authorized to practice any of the professions
    16  regulated by articles one hundred forty-five, one  hundred  forty-seven,
    17  and one hundred forty-eight of the education law.
    18    b.  The term "state authority" shall mean a public authority or public
    19  benefit corporation created by or existing under  this  chapter  or  any
    20  other  law  of  the  state  of New York, with one or more of its members
    21  appointed by the governor or who serve as members by virtue of holding a
    22  civil office of the state, other than  an  interstate  or  international
    23  authority  or public benefit corporation, including subsidiaries of such
    24  public authority or public benefit corporation.
    25    c. The term "local authority" shall mean: (1) a  public  authority  or
    26  public  benefit corporation created by or existing under this chapter or
    27  any other law of the state of New York whose members do not hold a civil
    28  office of the state, are not appointed by the governor or are  appointed
    29  by  the  governor  specifically  upon  the  recommendation  of the local
    30  government or governments; (2) a not-for-profit  corporation  affiliated
    31  with,  sponsored  by,  or  created  by  a  county, city, town or village
    32  government; (3) a local industrial developmental agency or authority  or
    33  other  local  public benefit corporation; (4) an affiliate of such local
    34  authority; or (5) a land bank corporation created  pursuant  to  article
    35  sixteen of the not-for-profit corporation law.
    36    2. Any provision, clause, covenant, or agreement contained in, collat-
    37  eral to, or affecting a contract executed on or after January first, two
    38  thousand  nineteen  between  a  state authority or local authority and a
    39  design professional for professional  design  services  related  to  the
    40  design,  construction,  repair,  or  maintenance of any public building,
    41  structure, highway, bridge, viaduct, water or  sewer  system,  or  other
    42  public  facility that requires a design professional to defend or indem-
    43  nify such state authority or local authority, its  agents,  contractors,
    44  subcontractors  or  suppliers  shall  be  deemed void and against public
    45  policy and wholly unenforceable, except as to claims that are caused  by
    46  or  the result of the negligence, recklessness, or willful misconduct of
    47  the design professional. Any contractual obligation permitted under this
    48  section shall be limited and enforceable only to the degree or  percent-
    49  age or fault attributable to such design professional.
    50    § 3. Section 136-a of the state finance law is amended by adding a new
    51  subdivision 6 to read as follows:
    52    6. a. As used in this subdivision:
    53    (1)  The  term  "design  professional"  shall  mean: (i) an individual
    54  licensed pursuant  to  articles  one  hundred  forty-five,  one  hundred
    55  forty-seven,  and  one hundred forty-eight of the education law; or (ii)
    56  any corporation, limited liability company, partnership or  other  busi-
        S. 6622--A                          3
 
     1  ness  entity legally authorized to practice any of the professions regu-
     2  lated by articles one hundred forty-five, one hundred  forty-seven,  and
     3  one hundred forty-eight of the education law.
     4    (2)  The term "state agency" shall mean (i) any state department, (ii)
     5  any division, board, commission or bureau of any state department, (iii)
     6  the state university of New York and the city university  of  New  York,
     7  including  all  their  constituent units, or (iv) a board, a majority of
     8  whose members are appointed by the governor or who serve  by  virtue  of
     9  being  state  officers or employees as defined in subparagraph (i), (ii)
    10  or (iii) of paragraph (i) of subdivision one of section seventy-three of
    11  the public officers law.
    12    b. Any provision, clause, covenant, or agreement contained in, collat-
    13  eral to, or affecting a contract executed on or after January first, two
    14  thousand nineteen between a state agency and a design  professional  for
    15  professional  design  services  related  to  the  design,  construction,
    16  repair, or maintenance  of  any  public  building,  structure,  highway,
    17  bridge,  viaduct,  water  or sewer system, or other public facility that
    18  requires a design professional to defend or indemnify such state agency,
    19  its agents, contractors, subcontractors or  suppliers  shall  be  deemed
    20  void  and  against  public policy and wholly unenforceable, except as to
    21  claims that are caused by or the result of the negligence, recklessness,
    22  or willful misconduct of the design professional. Any contractual  obli-
    23  gation  permitted  under  this  section shall be limited and enforceable
    24  only to the degree or percentage or fault attributable  to  such  design
    25  professional.
    26    § 4. This act shall take effect immediately.