Assembly Bill A6524

2023-2024 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

Current Bill Status - In Assembly 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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2023-A6524 (ACTIVE) - Details

See Senate Version of this Bill:
S1011
Current Committee:
Assembly 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
2021-2022: A4788, S6409

2023-A6524 (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.

2023-A6524 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6524
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 13, 2023
                                ___________
 
 Introduced  by  M.  of  A.  MILLER, K. BROWN, DeSTEFANO, SIMPSON, TAGUE,
   ANGELINO, MANKTELOW -- 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.
                                                            LBD03608-01-3
              

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