S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7275

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 8, 2013
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
  Committee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, the state  finance  law  and
  the  general municipal law, in relation to contracts with professional
  design firms

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  2  of  the  public authorities law is amended by
adding three new subdivisions 7, 8 and 9 to read as follows:
  7. "MUNICIPAL  CORPORATION"  SHALL  MEAN  A  COUNTY,  TOWN,  CITY,  OR
VILLAGE.
  8.  "STATE  DEPARTMENT" SHALL MEAN THOSE STATE GOVERNMENT DEPARTMENTS,
DIVISIONS OR COMMISSIONS EMPOWERED BY THE STATE TO ENTER INTO CONTRACTU-
AL AGREEMENTS ON BEHALF OF THE STATE OF NEW YORK.
  9. "PROFESSIONAL FIRM" SHALL MEAN ANY INDIVIDUAL, SOLE PROPRIETORSHIP,
PARTNERSHIP, CORPORATION, ASSOCIATION, OR OTHER LEGAL  ENTITY  PERMITTED
BY  LAW  TO  PRACTICE  THE  PROFESSIONS OF ARCHITECTURE, ENGINEERING, OR
SURVEYING.
  S 2. The public authorities law is amended by  adding  a  new  section
2879-d to read as follows:
  S 2879-D. INDEMNIFICATION LANGUAGE IN CONTRACTS. ALL CONTRACTS SUBJECT
TO THIS ARTICLE SHALL INCLUDE THE FOLLOWING LANGUAGE:
  "TO  THE FULLEST EXTENT PERMITTED BY LAW, THE PROFESSIONAL FIRM AGREES
TO INDEMNIFY AND HOLD THE  STATE  AND  LOCAL  AUTHORITY,  ITS  OFFICERS,
DIRECTORS,  AND  EMPLOYEES HARMLESS FROM ALL THIRD PARTY CLAIMS, LIABIL-
ITIES, DAMAGES, AND COSTS (INCLUDING ALL REASONABLE ATTORNEY'S FEES  AND
COST  OF  DEFENSE) TO WHICH THE STATE AND LOCAL AUTHORITY, ITS OFFICERS,
DIRECTORS, AND EMPLOYEES MAY BE SUBJECT TO, ARISING OUT OF THE DEATH  OR
BODILY INJURY TO ANY PERSON OR THE DESTRUCTION OR DAMAGE TO ANY PROPERTY
TO  THE  EXTENT  CAUSED  BY  THE NEGLIGENT ACTS, ERRORS OR OMISSIONS, OR
WILLFUL MISCONDUCT OF THE PROFESSIONAL  FIRM'S  PERFORMANCE  OF  PROFES-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10729-01-3
              

A. 7275                             2

SIONAL  SERVICES PROVIDED UNDER THIS AGREEMENT AND THOSE OF ITS SUB-CON-
SULTANTS OR ANYONE FOR WHOM THE PROFESSIONAL FIRM IS LEGALLY LIABLE.
  TO  THE  FULLEST EXTENT POSSIBLE BY LAW, THE STATE AND LOCAL AUTHORITY
AGREES TO INDEMNIFY AND HOLD THE PROFESSIONAL  FIRM  HARMLESS  FROM  ALL
THIRD  PARTY  CLAIMS,  LIABILITIES,  DAMAGES  AND  COSTS  (INCLUDING ALL
REASONABLE ATTORNEY'S FEES AND COST OF DEFENSE) TO THE EXTENT CAUSED  BY
THE NEGLIGENT ACTS, ERRORS, OR OMISSIONS OF THE STATE AND LOCAL AUTHORI-
TY, ITS CONTRACTORS, CONSULTANTS, OR ANYONE FOR WHOM THE STATE AND LOCAL
AUTHORITY IS LEGALLY LIABLE."
  S  3.  Section  2-a of the state finance law is amended by adding five
new subdivisions 7, 8, 9, 10 and 11 to read as follows:
  7. "MUNICIPAL CORPORATION". A COUNTY, TOWN, CITY, OR VILLAGE.
  8. "STATE DEPARTMENT". THOSE STATE GOVERNMENT  DEPARTMENTS,  DIVISIONS
OR  COMMISSIONS  EMPOWERED BY THE STATE TO ENTER INTO CONTRACTUAL AGREE-
MENTS ON BEHALF OF THE STATE OF NEW YORK.
  9. "STATE AUTHORITY". 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.
  10. "LOCAL AUTHORITY". (A) A PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPO-
RATION 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  GOVERN-
MENTS;
  (B)  A  NOT-FOR-PROFIT  CORPORATION  AFFILIATED WITH, SPONSORED BY, OR
CREATED BY A COUNTY, CITY, TOWN OR VILLAGE GOVERNMENT;
  (C) A LOCAL INDUSTRIAL DEVELOPMENTAL  AGENCY  OR  AUTHORITY  OR  OTHER
LOCAL PUBLIC BENEFIT CORPORATION;
  (D) AN AFFILIATE OF SUCH LOCAL AUTHORITY; OR
   (E)  A  LAND  BANK CORPORATION CREATED PURSUANT TO ARTICLE SIXTEEN OF
THE NOT-FOR-PROFIT CORPORATION LAW.
  11. "PROFESSIONAL FIRM". ANY INDIVIDUAL, SOLE PROPRIETORSHIP, PARTNER-
SHIP, CORPORATION, ASSOCIATION, OR OTHER LEGAL ENTITY PERMITTED  BY  LAW
TO PRACTICE THE PROFESSIONS OF ARCHITECTURE, ENGINEERING, OR SURVEYING.
  S 4. The state finance law is amended by adding a new section 136-d to
read as follows:
  S  136-D. INDEMNIFICATION LANGUAGE IN CONTRACTS. ALL CONTRACTS SUBJECT
TO THIS ARTICLE SHALL INCLUDE THE FOLLOWING LANGUAGE:
  "TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROFESSIONAL FIRM  AGREES
TO INDEMNIFY AND HOLD THE STATE DEPARTMENT, ITS OFFICERS, DIRECTORS, AND
EMPLOYEES  HARMLESS  FROM  ALL THIRD PARTY CLAIMS, LIABILITIES, DAMAGES,
AND COSTS (INCLUDING ALL REASONABLE ATTORNEY'S FEES AND COST OF DEFENSE)
TO WHICH THE STATE DEPARTMENT, ITS OFFICERS,  DIRECTORS,  AND  EMPLOYEES
MAY  BE  SUBJECT  TO,  ARISING  OUT OF THE DEATH OR BODILY INJURY TO ANY
PERSON OR THE DESTRUCTION OR DAMAGE TO ANY PROPERTY TO THE EXTENT CAUSED
BY THE NEGLIGENT ACTS, ERRORS OR OMISSIONS, OR WILLFUL MISCONDUCT OF THE
PROFESSIONAL FIRM'S PERFORMANCE OF PROFESSIONAL SERVICES PROVIDED  UNDER
THIS  AGREEMENT  AND THOSE OF ITS SUB-CONSULTANTS OR ANYONE FOR WHOM THE
PROFESSIONAL FIRM IS LEGALLY LIABLE.
  TO THE FULLEST EXTENT POSSIBLE BY LAW, THE STATE DEPARTMENT AGREES  TO
INDEMNIFY  AND  HOLD THE PROFESSIONAL FIRM HARMLESS FROM ALL THIRD PARTY
CLAIMS, LIABILITIES, DAMAGES AND COSTS (INCLUDING ALL REASONABLE  ATTOR-

A. 7275                             3

NEY'S  FEES  AND  COST OF DEFENSE) TO THE EXTENT CAUSED BY THE NEGLIGENT
ACTS, ERRORS, OR OMISSIONS OF THE  STATE  DEPARTMENT,  ITS  CONTRACTORS,
CONSULTANTS, OR ANYONE FOR WHOM THE STATE DEPARTMENT IS LEGALLY LIABLE."
  S  5. Section 2 of the general municipal law, subdivision a as amended
by chapter 402 of the laws of 1961 and subdivision b as added by chapter
927 of the laws of 1974, is amended to read as follows:
  S 2. Definitions. 1.  "MUNICIPAL  CORPORATION."  The  term  "municipal
corporation,"  as  used  in  this chapter, includes only a county, town,
city and village.
  2. "GOVERNING BOARD." The term "governing board" includes the board of
supervisors of a county, the town board of a town, the common council of
a city, and the board of trustees of a village.
  [a.] 3. "Urban renewal." The term "urban renewal" shall mean a program
as defined in article fifteen of this chapter.
  [b.] 4. "Infant" or "minor". The term "infant" or "minor", as used  in
this  chapter, shall mean a person who has not attained the age of eigh-
teen years.
  5. "STATE DEPARTMENT." THE TERM "STATE DEPARTMENT"  SHALL  MEAN  THOSE
STATE  GOVERNMENT DEPARTMENTS, DIVISIONS OR COMMISSIONS EMPOWERED BY THE
STATE TO ENTER INTO CONTRACTUAL AGREEMENTS ON BEHALF OF THE STATE OF NEW
YORK.
  6. "STATE AUTHORITY." 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.
  7.  "LOCAL  AUTHORITY."  THE  TERM  "LOCAL AUTHORITY" SHALL MEAN (A) 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;   (B)   A
NOT-FOR-PROFIT  CORPORATION AFFILIATED WITH, SPONSORED BY, OR CREATED BY
A COUNTY, CITY, TOWN OR  VILLAGE  GOVERNMENT;  (C)  A  LOCAL  INDUSTRIAL
DEVELOPMENTAL  AGENCY  OR AUTHORITY OR OTHER LOCAL PUBLIC BENEFIT CORPO-
RATION; (D) AN AFFILIATE OF SUCH LOCAL AUTHORITY; OR  (E)  A  LAND  BANK
CORPORATION  CREATED  PURSUANT  TO ARTICLE SIXTEEN OF THE NOT-FOR-PROFIT
CORPORATION LAW.
  8. "PROFESSIONAL FIRM." THE TERM "PROFESSIONAL FIRM"  SHALL  MEAN  ANY
INDIVIDUAL,  SOLE PROPRIETORSHIP, PARTNERSHIP, CORPORATION, ASSOCIATION,
OR OTHER LEGAL ENTITY PERMITTED BY LAW TO PRACTICE  THE  PROFESSIONS  OF
ARCHITECTURE, ENGINEERING, OR SURVEYING.
  S  6.  The  general  municipal  law is amended by adding a new section
103-h to read as follows:
  S 103-H. INDEMNIFICATION LANGUAGE IN CONTRACTS. ALL CONTRACTS  SUBJECT
TO THIS ARTICLE SHALL INCLUDE THE FOLLOWING LANGUAGE:
  "TO  THE FULLEST EXTENT PERMITTED BY LAW, THE PROFESSIONAL FIRM AGREES
TO INDEMNIFY AND HOLD THE MUNICIPAL CORPORATION,  ITS  OFFICERS,  DIREC-
TORS,  AND  EMPLOYEES HARMLESS FROM ALL THIRD PARTY CLAIMS, LIABILITIES,
DAMAGES, AND COSTS (INCLUDING ALL REASONABLE ATTORNEY'S FEES AND COST OF
DEFENSE) TO WHICH THE MUNICIPAL CORPORATION,  ITS  OFFICERS,  DIRECTORS,
AND  EMPLOYEES  MAY  BE  SUBJECT  TO, ARISING OUT OF THE DEATH OR BODILY
INJURY TO ANY PERSON OR THE DESTRUCTION OR DAMAGE TO ANY PROPERTY TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS, ERRORS  OR  OMISSIONS,  OR  WILLFUL

A. 7275                             4

MISCONDUCT  OF  THE  PROFESSIONAL  FIRM'S  PERFORMANCE  OF  PROFESSIONAL
SERVICES PROVIDED UNDER THIS AGREEMENT AND THOSE OF ITS  SUB-CONSULTANTS
OR ANYONE FOR WHOM THE PROFESSIONAL FIRM IS LEGALLY LIABLE.
  TO  THE  FULLEST  EXTENT  POSSIBLE  BY  LAW, THE MUNICIPAL CORPORATION
AGREES TO INDEMNIFY AND HOLD THE PROFESSIONAL  FIRM  HARMLESS  FROM  ALL
THIRD  PARTY  CLAIMS,  LIABILITIES,  DAMAGES  AND  COSTS  (INCLUDING ALL
REASONABLE ATTORNEY'S FEES AND COST OF DEFENSE) TO THE EXTENT CAUSED  BY
THE  NEGLIGENT  ACTS, ERRORS, OR OMISSIONS OF THE MUNICIPAL CORPORATION,
ITS CONTRACTORS, CONSULTANTS, OR ANYONE FOR WHOM  THE  MUNICIPAL  CORPO-
RATION IS LEGALLY LIABLE."
  S 7. This act shall take effect immediately.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7275--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 8, 2013
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
  Committee on Corporations, Authorities and  Commissions  --  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 contracts  with  professional
  design firms

  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:
  S  103-H.  INDEMNIFICATION  LANGUAGE IN CONTRACTS.  1. DEFINITIONS. AS
USED IN THIS SECTION:
  A. THE TERM "MUNICIPAL CORPORATION," SHALL MEAN A COUNTY,  TOWN,  CITY
AND VILLAGE.
  B.  THE TERM "PROFESSIONAL FIRM" SHALL BE DEFINED AS ANY INDIVIDUAL OR
SOLE PROPRIETORSHIP, PARTNERSHIP,  CORPORATION,  ASSOCIATION,  OR  OTHER
LEGAL  ENTITY  PERMITTED BY LAW TO PRACTICE THE PROFESSIONS OF ARCHITEC-
TURE, ENGINEERING OR SURVEYING.
  2. ALL CONTRACTS SUBJECT TO THIS ARTICLE SHALL INCLUDE  THE  FOLLOWING
LANGUAGE:
  "TO  THE FULLEST EXTENT PERMITTED BY LAW, THE PROFESSIONAL FIRM AGREES
TO INDEMNIFY AND HOLD THE MUNICIPAL CORPORATION, ITS OFFICERS, DIRECTORS
AND EMPLOYEES HARMLESS FROM ALL THIRD PARTY CLAIMS, LIABILITIES, DAMAGES
AND COSTS (INCLUDING ALL REASONABLE ATTORNEY'S FEES AND COST OF DEFENSE)
TO WHICH THE MUNICIPAL CORPORATION, ITS OFFICERS, DIRECTORS AND  EMPLOY-
EES  MAY BE SUBJECT TO, ARISING OUT OF THE DEATH OR BODILY INJURY TO ANY
PERSON OR THE DESTRUCTION OR DAMAGE TO ANY PROPERTY TO THE EXTENT CAUSED
BY THE NEGLIGENT ACTS, ERRORS OR OMISSIONS, OR WILLFUL MISCONDUCT OF THE
PROFESSIONAL FIRM'S PERFORMANCE OF PROFESSIONAL SERVICES PROVIDED  UNDER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10729-02-3

              

A. 7275--A                          2

THIS  AGREEMENT  AND THOSE OF ITS SUB-CONSULTANTS OR ANYONE FOR WHOM THE
PROFESSIONAL FIRM IS LEGALLY LIABLE."
  "TO  THE  FULLEST  EXTENT  PERMITTED BY LAW, THE MUNICIPAL CORPORATION
AGREES TO INDEMNIFY AND HOLD THE PROFESSIONAL  FIRM  HARMLESS  FROM  ALL
THIRD  PARTY  CLAIMS,  LIABILITIES,  DAMAGES  AND  COSTS  (INCLUDING ALL
REASONABLE ATTORNEY'S FEES AND COST OF DEFENSE) TO THE EXTENT CAUSED  BY
THE  NEGLIGENT  ACTS,  ERRORS OR OMISSIONS OF THE MUNICIPAL CORPORATION,
ITS CONTRACTORS, CONSULTANTS OR ANYONE FOR  WHOM  THE  MUNICIPAL  CORPO-
RATION IS LEGALLY LIABLE."
  S  2.  The  public  authorities law is amended by adding a new section
2879-d to read as follows:
  S 2879-D. INDEMNIFICATION LANGUAGE IN CONTRACTS.   1. DEFINITIONS.  AS
USED IN THIS SECTION:
  A.  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.
  B. THE TERM "LOCAL AUTHORITY" SHALL MEAN: (A) 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; (B) A NOT-FOR-PROFIT  CORPORATION  AFFILIATED
WITH,  SPONSORED  BY,  OR  CREATED  BY  A  COUNTY, CITY, TOWN OR VILLAGE
GOVERNMENT; (C) A LOCAL INDUSTRIAL DEVELOPMENTAL AGENCY OR AUTHORITY  OR
OTHER  LOCAL  PUBLIC BENEFIT CORPORATION; (D) AN AFFILIATE OF SUCH LOCAL
AUTHORITY; OR (E) A LAND BANK CORPORATION CREATED  PURSUANT  TO  ARTICLE
SIXTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW.
  C.  THE  TERM  "PROFESSIONAL  FIRM"  SHALL MEAN ANY INDIVIDUAL OR SOLE
PROPRIETORSHIP, PARTNERSHIP, CORPORATION, ASSOCIATION,  OR  OTHER  LEGAL
ENTITY  PERMITTED  BY  LAW  TO PRACTICE THE PROFESSIONS OF ARCHITECTURE,
ENGINEERING OR SURVEYING.
  2. ALL CONTRACTS SUBJECT TO THIS ARTICLE SHALL INCLUDE  THE  FOLLOWING
LANGUAGE:
  "TO  THE FULLEST EXTENT PERMITTED BY LAW, THE PROFESSIONAL FIRM AGREES
TO INDEMNIFY AND HOLD THE  STATE  AND  LOCAL  AUTHORITY,  ITS  OFFICERS,
DIRECTORS  AND  EMPLOYEES  HARMLESS FROM ALL THIRD PARTY CLAIMS, LIABIL-
ITIES, DAMAGES AND COSTS (INCLUDING ALL REASONABLE ATTORNEY'S  FEES  AND
COST  OF  DEFENSE) TO WHICH THE STATE AND LOCAL AUTHORITY, ITS OFFICERS,
DIRECTORS AND EMPLOYEES MAY BE SUBJECT TO, ARISING OUT OF THE  DEATH  OR
BODILY INJURY TO ANY PERSON OR THE DESTRUCTION OR DAMAGE TO ANY PROPERTY
TO  THE  EXTENT  CAUSED  BY  THE NEGLIGENT ACTS, ERRORS OR OMISSIONS, OR
WILLFUL MISCONDUCT OF THE PROFESSIONAL  FIRM'S  PERFORMANCE  OF  PROFES-
SIONAL  SERVICES PROVIDED UNDER THIS AGREEMENT AND THOSE OF ITS SUB-CON-
SULTANTS OR ANYONE FOR WHOM THE PROFESSIONAL FIRM IS LEGALLY LIABLE."
  "TO THE FULLEST EXTENT PERMITTED BY LAW, THE STATE AND LOCAL AUTHORITY
AGREES TO INDEMNIFY AND HOLD THE PROFESSIONAL  FIRM  HARMLESS  FROM  ALL
THIRD  PARTY  CLAIMS,  LIABILITIES,  DAMAGES  AND  COSTS  (INCLUDING ALL
REASONABLE ATTORNEY'S FEES AND COST OF DEFENSE) TO THE EXTENT CAUSED  BY
THE  NEGLIGENT ACTS, ERRORS OR OMISSIONS OF THE STATE AND LOCAL AUTHORI-
TY, ITS CONTRACTORS, CONSULTANTS OR ANYONE FOR WHOM THE STATE AND  LOCAL
AUTHORITY IS LEGALLY LIABLE."

A. 7275--A                          3

  S 3. Section 136-a of the state finance law is amended by adding a new
subdivision 6 to read as follows:
  6.  (A) DEFINITIONS. AS USED IN THIS SUBDIVISION:
  (I)  THE  TERM  "STATE  DEPARTMENT"  SHALL MEAN THOSE STATE GOVERNMENT
DEPARTMENTS, DIVISIONS OR COMMISSIONS EMPOWERED BY THE  STATE  TO  ENTER
INTO CONTRACTUAL AGREEMENTS ON BEHALF OF THE STATE OF NEW YORK.
  (II)  THE  TERM "PROFESSIONAL FIRM" SHALL BE DEFINED AS ANY INDIVIDUAL
OR SOLE PROPRIETORSHIP, PARTNERSHIP, CORPORATION, ASSOCIATION, OR  OTHER
LEGAL  ENTITY  PERMITTED BY LAW TO PRACTICE THE PROFESSIONS OF ARCHITEC-
TURE, ENGINEERING OR SURVEYING.
  (B) ALL CONTRACTS SUBJECT TO THIS ARTICLE SHALL INCLUDE THE  FOLLOWING
LANGUAGE:
  "TO  THE FULLEST EXTENT PERMITTED BY LAW, THE PROFESSIONAL FIRM AGREES
TO INDEMNIFY AND HOLD THE STATE DEPARTMENT, ITS OFFICERS, DIRECTORS  AND
EMPLOYEES HARMLESS FROM ALL THIRD PARTY CLAIMS, LIABILITIES, DAMAGES AND
COSTS  (INCLUDING ALL REASONABLE ATTORNEY'S FEES AND COST OF DEFENSE) TO
WHICH THE STATE DEPARTMENT, ITS OFFICERS, DIRECTORS AND EMPLOYEES MAY BE
SUBJECT TO, ARISING OUT OF THE DEATH OR BODILY INJURY TO ANY  PERSON  OR
THE  DESTRUCTION  OR  DAMAGE TO ANY PROPERTY TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS, ERRORS  OR  OMISSIONS,  OR  WILLFUL  MISCONDUCT  OF  THE
PROFESSIONAL  FIRM'S PERFORMANCE OF PROFESSIONAL SERVICES PROVIDED UNDER
THIS AGREEMENT AND THOSE OF ITS SUB-CONSULTANTS OR ANY ONE FOR WHOM  THE
DESIGN CONSULTANT IS LEGALLY LIABLE."
  "TO  THE  FULLEST EXTENT PERMITTED BY LAW, THE STATE DEPARTMENT AGREES
TO INDEMNIFY AND HOLD THE PROFESSIONAL  FIRM  HARMLESS  FROM  ALL  THIRD
PARTY  CLAIMS,  LIABILITIES, DAMAGES AND COSTS (INCLUDING ALL REASONABLE
ATTORNEY'S FEES AND COST OF DEFENSE) TO THE EXTENT CAUSED BY THE  NEGLI-
GENT ACTS, ERRORS OR OMISSIONS OF THE STATE DEPARTMENT, ITS CONTRACTORS,
CONSULTANTS OR ANYONE FOR WHOM THE STATE DEPARTMENT IS LEGALLY LIABLE."
  S 4. This act shall take effect immediately.