S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8293--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 6, 2017
                                ___________
 
 Introduced  by M. of A. MORELLE, LUPARDO, THIELE, SCHIMMINGER, SANTABAR-
   BARA, WEPRIN, McDONOUGH, CROUCH, JOHNS, STECK, WOERNER, TAYLOR,  HYND-
   MAN,  CUSICK, STIRPE, B. MILLER, RODRIGUEZ -- Multi-Sponsored by -- M.
   of A. HEVESI, MORINELLO -- read once and referred to the Committee  on
   Corporations,  Authorities  and  Commissions  --  recommitted  to  the
   Committee on Corporations, Authorities and Commissions  in  accordance
   with  Assembly  Rule  3, sec. 2 -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11957-02-8

 A. 8293--A                          2
 
 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
 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

 A. 8293--A                          3
 
 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 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.