S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4489
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M.  of A. B. MILLER, CROUCH -- 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:
 
   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.
   § 2. The general obligations law is amended by adding  a  new  section
 5-319 to read as follows:
   §  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06595-01-9
              

 A. 4489                             2
 
 SERVICES  CONTRACT, WHICH PROVIDES ANY OF THE FOLLOWING, SHALL BE DEEMED
 TO BE VOID AS AGAINST PUBLIC POLICY AND WHOLLY UNENFORCEABLE:
   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.
   § 3. This act shall take effect immediately.