LCO No. 5115 1 of 2
General Assembly Raised Bill No. 7288
January Session, 2019
LCO No. 5115
Referred to Committee on GENERAL LAW
Introduced by:
(GL)
AN ACT CONCERNING SN OW REMOVAL AND ICE CONTROL
SERVICES CONTRACTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2019, and applicable to contracts 1
entered into on and after said date) (a) As used in this section: 2
(1) "Service provider" means a person providing services under a 3
snow removal and ice control services contract; 4
(2) "Service receiver" means a person receiving services under a 5
snow removal and ice control services contract; 6
(3) "Snow removal and ice control services contract" means a 7
contract or agreement for the performance of: (A) Plowing, shoveling 8
or removal of snow or ice, (B) de-icing services, or (C) a service 9
incidental to subparagraph (A) or (B) of this subdivision, including, 10
but not limited to, operating or moving snow removal or de-icing 11
equipment or materials. 12
(b) A provision, clause, covenant or agreement that is part of or 13
related to a snow removal and ice control services contract is against 14
public policy and void if it requires, or has the effect of requiring: (1) A 15 Raised Bill No. 7288
LCO No. 5115 2 of 2
service provider to indemnify a service receiver for damages resulting 16
from the acts or omissions of the service receiver or the service 17
receiver's agents or employees, (2) a service receiver to indemnify a 18
service provider for damages resulting from the acts or omissions of 19
the service provider or the service provider's agents or employees, (3) a 20
service provider to hold a service receiver harmless from any tort 21
liability for damages resulting from the acts or omissions of the service 22
receiver or the service receiver's agents or employees, (4) a service 23
receiver to hold a service provider harmless from any tort liability for 24
damages resulting from the acts or omissions of the service provider or 25
the service provider's agents or employees, (5) a service provider to 26
defend a service receiver against any tort liability for damages 27
resulting from the acts or omissions of the service receiver or the 28
service receiver's agents or employees, or (6) a service receiver to 29
defend a service provider against any tort liability for damages 30
resulting from the acts or omissions of the service provider or the 31
service provider's agents or employees. 32
(c) The provisions of this section shall not apply to snow removal 33
and ice control services contracts to be performed on municipal or 34
state-owned roadways or property. 35
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019, and
applicable to contracts
entered into on and after
said date
New section
Statement of Purpose:
To promote fairness in snow removal and ice control services
contracts.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]