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A06746 Summary:

BILL NOA06746
 
SAME ASSAME AS S03703
 
SPONSORMiller B
 
COSPNSRButler, Crouch, Errigo
 
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.
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A06746 Actions:

BILL NOA06746
 
03/16/2017referred to judiciary
01/03/2018referred to judiciary
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A06746 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6746
 
SPONSOR: Miller B
  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 contrac- tor 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 legislation 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: New Bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: Immediately.
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A06746 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6746
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 16, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  B. MILLER  --  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.
                                                                   LBD04001-01-7

        A. 6746                             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.
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