NY State Senate Bill 2015-S7282

Senate Bill S7282

2015-2016 Legislative Session

Declares provisions, in snow removal and de-icing service contracts, requiring the service provider to indemnify the recipient of the services to be void

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 12, 2016	referred to judiciary

2015-S7282 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Amd §5-101, add §5-319, Gen Ob L
Versions Introduced in 2017-2018 Legislative Session:: S3703

2015-S7282 (ACTIVE) - Summary

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.

2015-S7282 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7282

 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 :

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 negligence 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.

 EXISTING LAW :

Current law does not delineate clearly that any agreement by a snow
removal and ice control services receiver that purports to indemnify
the service receiver for their own negligence is void and
unenforceable as against public policy.

 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 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.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2015-S7282 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7282

                            I N  S E N A T E

                             April 12, 2016
                               ___________

Introduced  by  Sen.  LARKIN -- 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  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:

  Section  1. Section 5-101 of the general obligations law is amended by
adding three new subdivisions 5, 6 and 7 to read as follows:
  5. AS USED IN SECTION 5-319 OF THIS ARTICLE, THE TERM "SERVICE PROVID-
ER" MEANS ANY PERSON OR ENTITY WHICH PROVIDES  SERVICES  PURSUANT  TO  A
SNOW REMOVAL AND ICE CONTROL SERVICES CONTRACT.
  6. AS USED IN SECTION 5-319 OF THIS ARTICLE, THE TERM "SERVICE RECEIV-
ER"  MEANS  ANY  PERSON  OR ENTITY WHICH RECEIVES SERVICES PURSUANT TO A
SNOW REMOVAL AND ICE CONTROL SERVICES CONTRACT.
  7. AS USED IN SECTION 5-319 OF THIS ARTICLE, THE  TERM  "SNOW  REMOVAL
AND  ICE  CONTROL SERVICES CONTRACT" MEANS A CONTRACT OR AGREEMENT WHICH
PROVIDES FOR THE PERFORMANCE OF ANY OF THE FOLLOWING:
  A. PLOWING, SHOVELING, OR OTHER REMOVAL OF SNOW OR OTHER MIXED PRECIP-
ITATION FROM A SURFACE;
  B. DE-ICING SERVICES;
  C. ANY SERVICE INCIDENTAL TO A SERVICE DESCRIBED IN PARAGRAPH A  OR  B
OF  THIS  SUBDIVISION, INCLUDING THE OPERATING OR MOVING OF SNOW REMOVAL
OR DE-ICING EQUIPMENT OR MATERIALS.
  S 2. The general obligations law is amended by adding  a  new  section
5-319 to read as follows:
  S  5-319.  AGREEMENTS  REQUIRING  SNOW REMOVAL AND ICE CONTROL SERVICE
PROVIDERS TO INDEMNIFY SERVICE RECEIVERS FOR NEGLIGENCE VOID  AND  UNEN-
FORCEABLE.   EVERY   COVENANT,  AGREEMENT  OR  UNDERSTANDING  IN  OR  IN
CONNECTION WITH OR COLLATERAL  TO  ANY  SNOW  REMOVAL  AND  ICE  CONTROL
SERVICES  CONTRACT, WHICH PROVIDES ANY OF THE FOLLOWING, SHALL BE DEEMED
TO BE VOID AS AGAINST PUBLIC POLICY AND WHOLLY UNENFORCEABLE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14913-01-6

S. 7282                             2

  1. REQUIRES OR HAS THE EFFECT  OF  REQUIRING  A  SERVICE  PROVIDER  TO
INDEMNIFY  A  SERVICE  RECEIVER  FOR  DAMAGES RESULTING FROM THE ACTS OR
OMISSIONS OF SUCH SERVICE RECEIVER, OR ITS EMPLOYEES OR AGENTS;
  2.  REQUIRES OR HAS THE EFFECT OF REQUIRING A SERVICE PROVIDER TO HOLD
A SERVICE RECEIVER HARMLESS FROM ANY TORT LIABILITY FOR DAMAGES  RESULT-
ING  FROM THE ACTS OR OMISSIONS OF SUCH SERVICE RECEIVER, OR ITS EMPLOY-
EES OR AGENTS; OR
  3. REQUIRES OR HAS THE EFFECT  OF  REQUIRING  A  SERVICE  PROVIDER  TO
DEFEND A SERVICE RECEIVER AGAINST ANY TORT LIABILITY FOR DAMAGES RESULT-
ING  FROM THE ACTS OR OMISSIONS OF SUCH SERVICE RECEIVER, OR ITS EMPLOY-
EES OR AGENTS.
  S 3. This act shall take effect immediately.

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