Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 14, 2016 |
referred to corporations, authorities and commissions delivered to assembly passed senate |
Jun 01, 2016 |
ordered to third reading cal.1247 committee discharged and committed to rules |
Jan 06, 2016 |
referred to local government returned to senate died in assembly |
Jun 17, 2015 |
referred to corporations, authorities and commissions delivered to assembly passed senate ordered to third reading cal.1782 committee discharged and committed to rules |
May 04, 2015 |
referred to local government |
Senate Bill S5129
2015-2016 Legislative Session
Sponsored By
(R, C) 7th Senate District
Archive: Last Bill Status - In Assembly 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
Votes
co-Sponsors
(R, C, IP, RFM) Senate District
(R, C, IP) Senate District
(R, C) 60th Senate District
(R, C, IP) Senate District
2015-S5129 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5981
- Current Committee:
- Assembly Corporations, Authorities And Commissions
- 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 Other Legislative Sessions:
-
2013-2014:
S5038, A7275
2017-2018: A6168
2015-S5129 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5129 TITLE OF BILL: 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 PURPOSE: To make indemnification language in contracts with public entities stan- dard throughout the state and to prevent design professionals from indemnifying clients for damages that fall outside their professional standard of care. SUMMARY OF PROVISIONS: Section 1 amends article 5A of the general municipal law by adding a new section 103-h. Section 2 amends title 4 of article 9 of the public authorities law by adding a new section 2879d. Section 3 amends section 136-a of the state finance law by adding a new subdivision 6.
2015-S5129 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5129 2015-2016 Regular Sessions I N S E N A T E May 4, 2015 ___________ Introduced by Sen. MARTINS -- 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 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 THIS AGREEMENT AND THOSE OF ITS SUB-CONSULTANTS OR ANYONE FOR WHOM THE PROFESSIONAL FIRM IS LEGALLY LIABLE." EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09400-01-5
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