PRINTER'S NO. 1860
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1665
Session of
2021
INTRODUCED BY QUINN, ZIMMERMAN, MALAGARI, THOMAS, POLINCHOCK,
STEPHENS AND SCHROEDER, JUNE 21, 2021
REFERRED TO COMMITTEE ON INSURANCE, JUNE 21, 2021
AN ACT
Providing for enforceability of certain indemnity provisions in
certain snow removal and ice control services contracts
relating to commercial property.
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 Commercial
Property Snow Removal and Ice Control 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:
"Commercial property." A property or portion of a property
that is used, occupied or is intended, arranged or designed to
be used or occupied for the purpose of operating a business, an
office, a manufacturing facility or a public accommodation. The
term includes any of the following:
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(1) All or part of a building, structure or facility on
the property or portion of the property.
(2) A residential development operating under a
homeowners' association for the maintenance of the property
or portion of the property.
(3) An apartment complex consisting of five or more
residential dwelling units.
"Person." Includes a corporation, partnership, limited
liability company, business trust, other association, estate,
trust, foundation or individual. The term does not include the
Commonwealth, a political subdivision or an instrumentality of
the Commonwealth or a political subdivision.
"Service provider." A person providing services for a
commercial property under a snow removal and ice control
services contract.
"Service receiver." A person receiving services for a
commercial property under a snow removal and ice control
services contract.
"Snow removal and ice control services contract." A contract
or agreement for the performance of any of the following:
(1) Plowing, shoveling, relocating or other removal of
snow or other mixed precipitation from a surface.
(2) De-icing services.
(3) A service incidental to an activity under paragraph
(1) or (2), including operating or otherwise moving snow
removal or de-icing equipment or materials.
Section 3. Certain indemnity agreements void.
A provision, clause, covenant or agreement that is part of or
in connection with a snow removal and ice control services
contract is against public policy and void if the provision,
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clause, covenant or agreement requires, or has the effect of
requiring, a service provider to:
(1) indemnify a service receiver for damages resulting
from the acts or omissions of the service receiver or the
service receiver's agents or employees; or
(2) defend a service receiver against tort liability for
damages resulting from the acts or omissions of the service
receiver or the service receiver's agents or employees.
Section 4. Applicability.
The provisions of this act:
(1) Shall apply to snow removal and ice control services
contracts entered into on or after the effective date of this
section.
(2) Shall not apply to an insurance policy, a surety
bond or workers' compensation.
Section 5. Construction.
Nothing in this act shall be construed to affect an immunity
or affirmative defense arising under other law.
Section 6. Effective date.
This act shall take effect immediately.
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