Connecticut 2019 Regular Session

Connecticut House Bill HB07288 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07288-R01-
4		-	HB.docx
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7		-	General Assembly Substitute Bill No. 7288
	4	+	LCO No. 5115 1 of 2
	5	+
	6	+	General Assembly Raised Bill No. 7288
8	7		January Session, 2019
	8	+	LCO No. 5115
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	11	+	Referred to Committee on GENERAL LAW
	12	+
	13	+
	14	+	Introduced by:
	15	+	(GL)
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14	19		AN ACT CONCERNING SN OW REMOVAL AND ICE CONTROL
15	20		SERVICES CONTRACTS.
16	21		Be it enacted by the Senate and House of Representatives in General
17	22		Assembly convened:
18	23
19	24		Section 1. (NEW) (Effective July 1, 2019, and applicable to contracts 1
20	25		entered into on and after said date) (a) As used in this section: 2
21	26		(1) "Service provider" means a person providing services under a 3
22	27		snow removal and ice control services contract; 4
23	28		(2) "Service receiver" means a person receiving services under a 5
24	29		snow removal and ice control services contract; 6
25	30		(3) "Snow removal and ice control services contract" means a 7
26	31		contract or agreement for the performance of: (A) Plowing, shoveling 8
27	32		or removal of snow or ice, (B) de-icing services, or (C) a service 9
28	33		incidental to subparagraph (A) or (B) of this subdivision, including, 10
29	34		but not limited to, operating or moving snow removal or de-icing 11
30	35		equipment or materials. 12
31		-	(b) A provision, clause, covenant or agreement that is part of or in 13
32		-	connection with a snow removal and ice control services contract and 14
33		-	that: (1) Requires or has the effect of requiring a service provider to 15
34		-	indemnify a service receiver for acts that the service provider is not 16
35		-	required to perform, or is instructed by the service receiver not to 17 Substitute Bill No. 7288
	36	+	(b) A provision, clause, covenant or agreement that is part of or 13
	37	+	related to a snow removal and ice control services contract is against 14
	38	+	public policy and void if it requires, or has the effect of requiring: (1) A 15 Raised Bill No. 7288
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38		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07288-
39		-	R01-HB.docx }
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42		-	perform, under a snow removal and ice control services contract, or (2) 18
43		-	requires, or has the effect of requiring, a service provider to hold a 19
44		-	service receiver harmless from any tort liability for damages resulting 20
45		-	from the acts or omissions of the service receiver or the service 21
46		-	receiver's agents or employees is against public policy and void if it 22
47		-	prohibits the service provider, by express contract terms or in writing, 23
48		-	from mitigating a specific snow, ice or other mixed-precipitation event 24
49		-	or risk. 25
50		-	(c) The provisions of this section shall not apply to snow removal 26
51		-	and ice control services contracts to be performed on municipal or 27
52		-	state-owned roadways or property. 28
	42	+	LCO No. 5115 2 of 2
	43	+
	44	+	service provider to indemnify a service receiver for damages resulting 16
	45	+	from the acts or omissions of the service receiver or the service 17
	46	+	receiver's agents or employees, (2) a service receiver to indemnify a 18
	47	+	service provider for damages resulting from the acts or omissions of 19
	48	+	the service provider or the service provider's agents or employees, (3) a 20
	49	+	service provider to hold a service receiver harmless from any tort 21
	50	+	liability for damages resulting from the acts or omissions of the service 22
	51	+	receiver or the service receiver's agents or employees, (4) a service 23
	52	+	receiver to hold a service provider harmless from any tort liability for 24
	53	+	damages resulting from the acts or omissions of the service provider or 25
	54	+	the service provider's agents or employees, (5) a service provider to 26
	55	+	defend a service receiver against any tort liability for damages 27
	56	+	resulting from the acts or omissions of the service receiver or the 28
	57	+	service receiver's agents or employees, or (6) a service receiver to 29
	58	+	defend a service provider against any tort liability for damages 30
	59	+	resulting from the acts or omissions of the service provider or the 31
	60	+	service provider's agents or employees. 32
	61	+	(c) The provisions of this section shall not apply to snow removal 33
	62	+	and ice control services contracts to be performed on municipal or 34
	63	+	state-owned roadways or property. 35
53	64		This act shall take effect as follows and shall amend the following
54	65		sections:
55	66
56	67		Section 1 July 1, 2019, and
57	68		applicable to contracts
58	69		entered into on and after
59	70		said date
60	71		New section
61	72
62		-	Statement of Legislative Commissioners:
63		-	The provisions of Subsec. (b) were rearranged for purposes of clarity.
64		-
65		-	GL Joint Favorable Subst.
	73	+	Statement of Purpose:
	74	+	To promote fairness in snow removal and ice control services
	75	+	contracts.
	76	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	77	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	78	+	not underlined.]
66	79