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General Assembly Substitute Bill No. 7288
January Session, 2019
AN ACT CONCERNING SN OW REMOVAL AND ICE C ONTROL
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 in 13
connection with a snow removal and ice control services contract and 14
that: (1) Requires or has the effect of requiring a service provider to 15
indemnify a service receiver for acts that the service provider is not 16
required to perform, or is instructed by the service receiver not to 17 Substitute Bill No. 7288
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perform, under a snow removal and ice control services contract, or (2) 18
requires, or has the effect of requiring, a service provider to hold a 19
service receiver harmless from any tort liability for damages resulting 20
from the acts or omissions of the service receiver or the service 21
receiver's agents or employees is against public policy and void if it 22
prohibits the service provider, by express contract terms or in writing, 23
from mitigating a specific snow, ice or other mixed-precipitation event 24
or risk. 25
(c) The provisions of this section shall not apply to snow removal 26
and ice control services contracts to be performed on municipal or 27
state-owned roadways or property. 28
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 Legislative Commissioners:
The provisions of Subsec. (b) were rearranged for purposes of clarity.
GL Joint Favorable Subst.