Senate Bill S3703

2017-2018 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

Sponsored By

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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2017-S3703 (ACTIVE) - Details

See Assembly Version of this Bill:
A6746
Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd §5-101, add §5-319, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7282
2019-2020: A4489
2021-2022: A4788
2023-2024: A6524

2017-S3703 (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.

2017-S3703 (ACTIVE) - Sponsor Memo

2017-S3703 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3703
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2017
                                ___________
 
 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.
   § 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.
                                                            LBD04001-01-7
              

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