Bill Text: NJ S181 | 2016-2017 | Regular Session | Amended

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Bill Title: Prohibits snowplow or de-icing service contract from indemnifying promisee against liability for loss or damage in certain instances.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2017-01-23 - Received in the Assembly, Referred to Assembly Consumer Affairs Committee [S181 Detail]

Download: New_Jersey-2016-S181-Amended.html

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[First Reprint]

SENATE, No. 181

 

STATE OF NEW JERSEY

217th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

 

 

Sponsored by:

Senator  CHRISTOPHER "KIP" BATEMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Senator  FRED H. MADDEN, JR.

District 4 (Camden and Gloucester)

 

Co-Sponsored by:

Senator Cardinale

 

 

 

 

SYNOPSIS

     Prohibits snowplow or de-icing service contract from indemnifying promisee against liability for loss or damage in certain instances.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Commerce Committee on January 9, 2017, with amendments.

  

An Act concerning snowplow or de-icing service contracts and supplementing Title 56 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    For the purposes of P.L.      , c.    (C.      ) (pending before the Legislature as this bill):

     "Promisee" means a promisee and any agents, employees, servants, or independent contractors directly responsible to the promisee.

     "Snowplow or de-icing service contract" means a contract, agreement, or understanding ¹, except a contract, agreement or understanding to which the State, or any political subdivision or instrumentality thereof, is a party,¹ covering: 1) plowing, shoveling, or otherwise removing snow or other frozen precipitation from a surface; 2) de-icing services; or 3) a service incidental to plowing, shoveling, or otherwise removing snow or other frozen precipitation, or de-icing services, including, but not limited to, driving or otherwise moving a snowplow or de-icing equipment and materials.

 

     2.    Notwithstanding any law, rule, or regulation to the contrary, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a snowplow or de-icing service contract entered into on or after the effective date of P.L.     , c.    (C.       ) (pending before the Legislature as this bill) that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence, intentional acts, or omissions of the promisee is against the public policy of this State and is void and unenforceable.  ¹This provision shall not apply to any contract in which the promisor has been given full authority to take all actions the promisor deems necessary to maintain the property of the promisee.¹ 

 

     3.    This act shall take effect immediately.