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.".