HB 555

            
2020 SESSION

20101922D

HOUSE BILL NO. 555


Offered January 8, 2020


Prefiled January 6, 2020

A BILL to amend the Code of Virginia by adding a section 
 numbered 11-4.6, relating to snow removal and ice control contracts.
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Patron-- Knight

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Referred to Committee on General Laws

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Be it enacted by the General Assembly of Virginia:
 
 
1. That the Code of Virginia is amended by adding a section 
 numbered 11-4.6 as follows:
 
 
� 11-4.6. Snow removal and ice 
 control services contracts; certain provisions 
 declared void.
 
 
A. As used in this section:
 
 
"Service provider" 
 means a person providing services under a snow removal 
 and ice control services contract.
 
 
"Service receiver" 
 means a person receiving services under a snow removal and ice control services 
 contract.
 
 
"Snow removal and ice 
 control services contract" means a contract or agreement for the 
 performance of (i) plowing, shoveling, or removal 
 of snow or ice; (ii) de-icing services; or (iii) a 
 service incidental to clause (i) or (ii), including 
 operating or moving snow removal or de-icing equipment or materials.
 
 
B. A provision, clause, 
 covenant, or agreement contained 
 in, collateral to, or affecting a snow removal and ice control 
 services contract is against public policy and void and 
 unenforceable if it requires, or has the effect of requiring, (i) a service 
 provider to indemnify a service receiver for damages resulting from the acts or 
 omissions of the service receiver or the service receivers agents or 
 employees, (ii) a service receiver to indemnify a service provider for damages 
 resulting from the acts or omissions of the service provider or the service 
 providers agents or employees, (iii) a service provider to hold a service 
 receiver harmless from any tort liability for damages resulting from the acts 
 or omissions of the service receiver or the service receivers agents or 
 employees, (iv) a service receiver to hold a service provider harmless from any 
 tort liability for damages resulting from the acts or omissions of the service 
 provider or the service providers agents or employees, (v) a service provider 
 to defend a service receiver against any tort liability for damages resulting 
 from the acts or omissions of the service receiver or the service receivers 
 agents or employees, or (vi) a service receiver to defend a service provider 
 against any tort liability for damages resulting from the acts or omissions of 
 the service provider or the service providers agents or employees.
 
 
C. The provisions of this 
 section shall not apply to snow removal and ice control services contracts to 
 be performed on county, city, town, or state-owned roadways or property.