Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 14, 2010 |
starred on calendar |
Apr 13, 2010 |
advanced to third reading |
Apr 12, 2010 |
2nd report cal. |
Apr 08, 2010 |
1st report cal.341 |
Jan 06, 2010 |
referred to judiciary |
Feb 11, 2009 |
referred to judiciary |
Senate Bill S2074
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - On Floor Calendar
- 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
2009-S2074 (ACTIVE) - Details
- Law Section:
- General Obligations Law
- Laws Affected:
- Add ยง5-326.1, Gen Ob L
2009-S2074 (ACTIVE) - Summary
Declares void and unenforceable certain contract terms indemnifying or exempting manufacturers, sellers and/or monitors of burglary protection systems from liability for negligence; such terms must provide for recovery of no less than the cost associated with the installation, service and maintenance provided by the manufacturer, seller and/or monitor; applies only to agreements entered into after the effective date of this act.
2009-S2074 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2074 TITLE OF BILL : An act to amend the general obligations law, in relation to declaring agreements indemnifying or exempting manufacturers, sellers, and/or monitors of burglary protection systems from liability for negligence void and unenforceable PURPOSE OR GENERAL IDEA OF BILL : Renders unenforceable contract provisions which indemnify or exempt from liability manufacturers, sellers and/or monitors of burglary protection systems. SUMMARY OF SPECIFIC PROVISIONS : Adds a new Section 5-326.1 to the General Obligations Law, to render void and unenforceable contract provisions which indemnify or exempt manufacturers, sellers and/or monitors of burglary protection systems from liability for bodily injury and/or property damage caused by their negligence. JUSTIFICATION :
2009-S2074 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2074 2009-2010 Regular Sessions I N S E N A T E February 11, 2009 ___________ Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the general obligations law, in relation to declaring agreements indemnifying or exempting manufacturers, sellers, and/or monitors of burglary protection systems from liability for negligence void and unenforceable THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general obligations law is amended by adding a new section 5-326.1 to read as follows: S 5-326.1. AGREEMENTS INDEMNIFYING OR EXEMPTING MANUFACTURERS, SELL- ERS, AND/OR MONITORS OF BURGLARY PROTECTION SYSTEMS FROM LIABILITY FOR NEGLIGENCE VOID AND UNENFORCEABLE. 1. EVERY COVENANT, AGREEMENT OR UNDERSTANDING IN OR IN CONNECTION WITH OR COLLATERAL TO ANY CONTRACT ENTERED INTO WITH THE MANUFACTURER, SELLER AND/OR MONITOR OF A BURGLARY PROTECTION SYSTEM RELATIVE TO THE SALE, INSTALLATION, MAINTENANCE AND/OR MONITORING OF A BURGLARY PROTECTION SYSTEM EXEMPTING FROM LIABILITY OR LIMITING THE LIABILITY OF SUCH MANUFACTURER, SELLER AND/OR MONITOR OR PURPORTING TO INDEMNIFY OR HOLD HARMLESS SUCH MANUFACTURER, SELLER AND/OR MONITOR AGAINST LIABILITY FOR DAMAGE ARISING OUT OF BODILY INJURY TO PERSONS OR DAMAGE TO PROPERTY CAUSED BY OR RESULTING FROM THE SOLE NEGLIGENCE OF SUCH MANUFACTURER, SELLER AND/OR MONITOR, HIS AGENTS OR EMPLOYEES, TO AN AMOUNT WHICH IS LESS THAN THE COST ASSOCIATED WITH THE INSTALLATION, SERVICE AND MAINTENANCE PROVIDED BY THE MANUFACTURER, SELLER AND/OR MONITOR IS AGAINST PUBLIC POLICY AND IS VOID AND UNEN- FORCEABLE. 2. FOR PURPOSES OF THIS SECTION, A "MONITOR" OF A BURGLARY PROTECTION SYSTEM IS ANY PERSON, FIRM, ORGANIZATION, CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER ENTITY WHICH, FOR COMPENSATION, RECEIVES SIGNALS FROM A BURGLARY PROTECTION SYSTEM AND TRANSMITS NOTIFICATION TO THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02655-01-9
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