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Who cares
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Sponsors
No co-sponsors yet.
History
- Referred to judiciary
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.