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
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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.