•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A06524 Summary:

BILL NOA06524
 
SAME ASSAME AS S01011
 
SPONSORMiller
 
COSPNSRBrown K, DeStefano, Simpson, Tague, Angelino, Manktelow
 
MLTSPNSR
 
Amd §5-101, add §5-319, Gen Ob L
 
Declares provisions, in snow removal and de-icing service contracts, requiring the service provider to indemnify the recipient of the services for damages arising out of such recipient's acts or omissions, to be null and void.
Go to top    

A06524 Actions:

BILL NOA06524
 
04/13/2023referred to judiciary
01/03/2024referred to judiciary
Go to top

A06524 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6524
 
SPONSOR: Miller
  TITLE OF BILL: An act to amend the general obligations law, in relation to making certain agreements in snow removal and ice control services void and unenforceable   PURPOSE OR GENERAL IDEA OF BILL: To provide that any provision in a snow removal and de-icing services contract that purports to indemnify or hold harmless a service receiver from or against liability for loss or damage resulting from the negli- gence or omissions of the recipient of the services is against public policy of this State and is void and unenforceable.   SUMMARY OF PROVISIONS: Section 1: Amends Section 5-101 of the General Obligations Law by adding three new subdivisions which define the meaning of "service provider", "service receiver" and "snow removal and ice control services contract" as used in section 5-319. Section 2: Provides that agreements requiring snow removal and ice control service providers to indemnify service receivers for negligence are void and unenforceable. Section 3: Effective Date.   JUSTIFICATION: According to the Accredited Snow Contractors Association, general liability insurance expenses for a snow contractor average three times the insurance expenses for similar policies. This insurance expense is driven by a number of factors. One of these factors is that through the use of indemnification language and hold harmless agreements, property owners attempt to pass on all liability for any accident or incident on their property. Should a snow removal or ice control services contractor refuses to sign these agreements they run the risk of the property owner refusing to give them the contract and they lose the work. This legis- lation would clarify that any agreement by a snow removal and ice management service receiver that purports to indemnify the service receiver for their own negligence is void and unenforceable as against public policy.   PRIOR LEGISLATIVE HISTORY: 2020 referred to judiciary 2020 held for consideration in judiciary 2021 referred to judiciary 2022 referred to judiciary 2022 held for consideration in judiciary   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: Immediately.
Go to top

A06524 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6524
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 13, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  MILLER, K. BROWN, DeSTEFANO, SIMPSON, TAGUE,
          ANGELINO, MANKTELOW -- read once and  referred  to  the  Committee  on
          Judiciary
 
        AN  ACT  to  amend  the  general  obligations law, in relation to making
          certain agreements in snow removal and ice control services  void  and
          unenforceable

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 5-101 of the general obligations law is amended  by
     2  adding three new subdivisions 5, 6 and 7 to read as follows:
     3    5. As used in section 5-319 of this article, the term "service provid-
     4  er"  means  any  person  or entity which provides services pursuant to a
     5  snow removal and ice control services contract.
     6    6. As used in section 5-319 of this article, the term "service receiv-
     7  er" means any person or entity which receives  services  pursuant  to  a
     8  snow removal and ice control services contract.
     9    7.  As  used  in section 5-319 of this article, the term "snow removal
    10  and ice control services contract" means a contract or  agreement  which
    11  provides for the performance of any of the following:
    12    a. plowing, shoveling, or other removal of snow or other mixed precip-
    13  itation from a surface;
    14    b. de-icing services;
    15    c.  any  service incidental to a service described in paragraph a or b
    16  of this subdivision, including the operating or moving of  snow  removal
    17  or de-icing equipment or materials.
    18    §  2.  The  general obligations law is amended by adding a new section
    19  5-319 to read as follows:
    20    § 5-319. Agreements requiring snow removal  and  ice  control  service
    21  providers  to  indemnify service receivers for negligence void and unen-
    22  forceable.  Every  covenant,  agreement  or  understanding  in   or   in
    23  connection  with  or  collateral  to  any  snow  removal and ice control
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03608-01-3

        A. 6524                             2
 
     1  services contract, which provides any of the following, shall be  deemed
     2  to be void as against public policy and wholly unenforceable:
     3    1.  requires  or  has  the  effect  of requiring a service provider to
     4  indemnify a service receiver for damages  resulting  from  the  acts  or
     5  omissions of such service receiver, or its employees or agents;
     6    2.  requires or has the effect of requiring a service provider to hold
     7  a service receiver harmless from any tort liability for damages  result-
     8  ing  from the acts or omissions of such service receiver, or its employ-
     9  ees or agents; or
    10    3. requires or has the effect  of  requiring  a  service  provider  to
    11  defend a service receiver against any tort liability for damages result-
    12  ing  from the acts or omissions of such service receiver, or its employ-
    13  ees or agents.
    14    § 3. This act shall take effect immediately.
Go to top