Bill Text: MI HB5230 | 2015-2016 | 98th Legislature | Engrossed

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Bill Title: Torts; liability; indemnity agreement in snowplow and deicing services contracts; prohibit. Creates new act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-05-31 - Referred To Committee On Judiciary [HB5230 Detail]

Download: Michigan-2015-HB5230-Engrossed.html

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HB-5230, As Passed House, May 25, 2016

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5230

 

(as amended May 24, 2016)

 

 

 

 

 

 

 

 

 

 

     A bill to make certain indemnity contracts relating to

 

snowplow and deicing services void and unenforceable.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) A provision, clause, covenant, or agreement

 

contained in, collateral to, or affecting a commercial snowplow and

 

deicing services contract that purports to require a service

 

provider to indemnify, defend, or hold harmless, or that has the

 

effect of requiring a service provider to indemnify, defend, or

 

hold harmless, the service receiver from or against liability for

 

loss or damage resulting from the [sole] negligence or omissions of the

 

service receiver is against the public policy of this state and is

 

void and unenforceable.

 

     (2) As used in this act:

 

     (a) "Commercial snowplow and deicing services contract" means,

subject to subdivision (b), a contract, agreement, or understanding

 

to which all of the following apply:

 

     (i) The contract covers any of the following:

 

     (A) Plowing, shoveling, or other removing of snow or other

 

mixed precipitation from a surface.

 

     (B) Deicing services.

 

     (C) A service incidental to activity described in sub-

 

subparagraph (A) or (B), including, but not limited to, driving or

 

otherwise moving snowplow and deicing equipment and materials.

 

     (ii) The contract is between a service receiver and a service

 

provider.

 

     (iii) The contract requires activities under subparagraph (i)

 

to be performed on real property where business is conducted,

 

including, but not limited to, a restaurant, bank, retail store,

 

hotel, homeowner's association, condominium, and apartment complex.

 

     (b) "Commercial snowplow and deicing services contract" does

 

not include:

 

     (i) A contract between a resident of a single-family home and

 

a service provider that requires activities described in

 

subdivision (a)(i) to be performed on single-family residential

 

property.

 

     (ii) A contract between an owner or operator of an airport

 

facility and a service provider.

 

     (c) "Service receiver" means the service receiver and any

 

agents, employees, servants, or independent contractors who are

 

directly or indirectly responsible to the service receiver.

 

     Sec. 2. This act applies to a commercial snowplow and deicing

 

House Bill No. 5320 as amended May 24, 2016

services contract entered into after [the effective date of this act].

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.