|SAME AS||SAME AS S03703|
|COSPNSR||Butler, Crouch, Errigo|
|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.|
|03/16/2017||referred to judiciary|
|01/03/2018||referred to judiciary|
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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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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. LBD04001-01-7A. 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.