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Senate bill · S4591 (2025-26)

Prohibits broad indemnification by a design professional of a state or local agency or political subdivision involving public work for contracts

Latest action May 18, 2026

New York State Senate

Same as A7379, the matching bill in the Assembly.

Sponsor

Jeremy Cooney

State Senator, District 56 · Democratic/Working Families

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Summary

Prohibits broad indemnification by a design professional of a state or local agency or political subdivision involving public work for contracts except to the extent that damages were caused by or are the proximate result of the negligence, recklessness, or willful misconduct of the design professional.

Summary from NY Open Legislation. How we handle summaries

Amends the General Municipal Law.

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Nov 1, 2026. About our data

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Purpose, from the sponsor's memo

Section 1 amends article 5-A of the General Municipal Law by adding a new § 103-h. The new § 103-h provides that provisions requiring defense and indemnification in contracts involving a public work are void to the extent that a design professional is required to defend and indemnify a political subdivision or other parties for damages that are not the result of the negligence, recklessness, or willful misconduct of the design professional. The amendment more clearly states the objective of this provision. Section 2 amends the Public Authorities Law by adding a new § 2879-d. The new § 2879-d provides that provisions requiring defense and indemni- fication in contracts involving a public work are void to the extent that a design professional is required to defend and indemnify the public authority or other parties for damages that are not the result of the negligence, recklessness, or willful misconduct of the design professional. The amendment more clearly states the objective of this provision. Section 3 amends § 136-a of the State Finance Law by adding a new subdi- vision 6. The new subdivision 6 provides that provisions requiring defense and indemnification in contracts involving a public work are void to the extent that a design professional is required to defend and indemnify a State Agency or other parties for damages that are not the result of the negligence, recklessness, or willful misconduct of the design professional. The amendment more clearly states the objective of this provision. Section 4 provides that the provisions of the bill shall take effect immediately.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Out of committee and scheduled for a vote by the full chamber.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Governmental Operations · New York State Assembly

Also referred to Procurement And Contracts · New York State Senate.

Cosponsors

Angelo Santabarbara, Anil Beephan Jr. and 5 more on Agora

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

Read on NY Senate (opens in a new tab)
  • Democratic6
  • Republican1

This bill has cosponsors from more than one party.

Shown in neutral colors by design; Agora is non-partisan.

The sponsor's argument

Why Jeremy Cooney says this is needed

State agencies, public authorities and local governments have long insisted upon the inclusion of broad form indemnification provisions in contracts for public works with design professionals. Design profes- sionals have little or no ability to negotiate with public owners regarding these provisions. In fact, the public owner can dictate contract terms of this type. The design professional only options are to assume the risks related to these provisions or walk away from the contract. These broad contractual provisions subject the design professional to liability for services that are well beyond the design professional's contractual scope of work and for matters over which the design profes- sional has no control. Design professionals are unable to secure insurance to cover the scope of claims these provisions can generate. The demands for defense and indemnification costs beyond the scope of the design professional's contractual scope of work may be illusory. This is particularly the case in instances when the public owner tenders a demand on the design professional for the provision of defense costs for claims unrelated to design professional's work.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Recorded votes

  • Vote: Committee vote · Procurement And Contracts

    Senate Procurement And ContractsMay 18, 2026Result: passed

    (7) (0) (0) (0)

  • Vote: Committee vote · Procurement And Contracts

    Senate Procurement And ContractsMay 28, 2025Result: passed

    (6) (0) (0) (1)

Full history

  1. May 18, 2026

    Reported out of committee

    REPORTED AND COMMITTED TO FINANCE

    NY Senate

  2. Jan 7, 2026

    Referred to committee

    REFERRED TO GOVERNMENTAL OPERATIONS

    NY Assembly

  3. Jan 7, 2026

    Referred to committee

    REFERRED TO PROCUREMENT AND CONTRACTS

    NY Senate

  4. May 28, 2025

    Reported out of committee

    REPORTED AND COMMITTED TO FINANCE

    NY Senate

  5. Mar 25, 2025

    Referred to committee

    REFERRED TO GOVERNMENTAL OPERATIONS

    NY Assembly

Show full history (1 earlier event)
  1. Feb 10, 2025

    Referred to committee

    REFERRED TO PROCUREMENT AND CONTRACTS

    NY Senate