NY State Senate Bill 2021-S6409

Senate Bill S6409

2021-2022 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
Jan 05, 2022	referred to judiciary
Apr 27, 2021	referred to judiciary

2021-S6409 (ACTIVE) - Details

See Assembly Version of this Bill:: A4788
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:: 2017-2018: A6746
2019-2020: A4489
2023-2024: S1011, A6524

2021-S6409 (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.

2021-S6409 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6409

SPONSOR: OBERACKER
 
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 negli-
gence 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: Effec-
tive Date.

 
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 legis-
lation 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:

2020 referred to judiciary 2020 held for consideration in judiciary
 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2021-S6409 (ACTIVE) - Bill Text download pdf

                            
 
                     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.

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