SB2138sam001 99TH GENERAL ASSEMBLY

Sen. Chris Nybo

Filed: 2/26/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2138

2    AMENDMENT NO. ______. Amend Senate Bill 2138 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the Snow
5Removal Service Liability Limitation Act.
 
6    Section 5. Definitions. In this Act:
7    "Service provider" means a person providing services under
8a snow removal and ice control services contract.
9    "Service receiver" means a person receiving services under
10a snow removal and ice control services contract.
11    "Snow removal and ice control services contract" means a
12contract or agreement for the performance of any of the
13following:
14        (1) plowing, shoveling, or other removal of snow or
15    other mixed precipitation from a surface;
16        (2) de-icing services; or

 

 

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1        (3) a service incidental to an activity described in
2    item (1) or (2), including operating or otherwise moving
3    snow removal or de-icing equipment or materials.
 
4    Section 10. Certain indemnity agreements void. A
5provision, clause, covenant, or agreement that is part of or in
6connection with a snow removal and ice control services
7contract is against public policy and void if it does any of
8the following:
9        (1) Requires, or has the effect of requiring, a service
10    provider to indemnify a service receiver for damages
11    resulting from the acts or omissions of the service
12    receiver or the service receiver's agents or employees.
13        (2) Requires, or has the effect of requiring, a service
14    provider to hold a service receiver harmless from any tort
15    liability for damages resulting from the acts or omissions
16    of the service receiver or the service receiver's agents or
17    employees.
18        (3) Requires, or has the effect of requiring, a service
19    provider to defend a service receiver against any tort
20    liability for damages resulting from the acts or omissions
21    of the service receiver or the service receiver's agents or
22    employees.
 
23    Section 15. Applicability.
24    (a) This Act applies to snow removal and ice control

 

 

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1services in existence as well as entered into on and after the
2effective date of this Act.
3    (b) This Act does not apply to an insurance policy, a
4surety bond, or workers' compensation.
5    (c) This Act does not affect any immunities or affirmative
6defenses arising under other law.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".