PRINTER'S NO. 2478
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1672
Session of
2015
INTRODUCED BY MURT, DRISCOLL, ROZZI, COHEN, McNEILL AND
ZIMMERMAN, OCTOBER 29, 2015
REFERRED TO COMMITTEE ON TRANSPORTATION, OCTOBER 29, 2015
AN ACT
Providing for enforceability of certain indemnity provisions in
snow plow and de-icing services contracts.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Snow Plow and
De-icing Services Contract Liability Limitation Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Promisee." A person and an agent, employee, servant or
independent contractor who is directly responsible to a person.
"Snow plow and de-icing services contract." A contract in
which a promisee agrees to perform any of the following
activities:
(1) plowing, shoveling or other removal of snow or other
mixed precipitation from a surface;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
(2) de-icing services; or
(3) a service incidental to an activity described in
paragraph (1) or (2), including, but not limited to, driving
or otherwise moving snow plow equipment or de-icing equipment
and materials.
Section 3. Certain indemnity agreements void.
Notwithstanding any provision of law to the contrary, a
provision, clause, covenant or agreement contained in,
collateral to or affecting a snow plow and de-icing services
contract 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 or omissions of the promisee is
against the public policy of this Commonwealth and is void and
unenforceable.
Section 4. Applicability.
This act shall apply to contracts entered into on or after
the effective date of this section.
Section 5. Effective date.
This act shall take effect in 60 days.
20150HB1672PN2478 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20