Senate Bill S6409

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6409
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 27, 2021
                                ___________
 
 Introduced by Sen. OBERACKER -- 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.
                                                            LBD08821-01-1
              

 S. 6409                             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.