January 21, 2016, Introduced by Rep. Yonker and referred to the Committee on Judiciary.
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 snowplow and deicing
services contract that purports to indemnify, defend, or hold
harmless, or that has the effect of indemnifying, defending, or
holding harmless, the promisee from or against liability for loss
or damage resulting from the negligence or omissions of the
promisor is against the public policy of this state and is void and
unenforceable.
(2) As used in this act:
(a) "Promisee" means the promisee and any agents, employees,
servants, or independent contractors who are directly responsible
to the promisee.
(b) "Snowplow and deicing services contract" means a contract,
agreement, or understanding that covers any of the following:
(i) Plowing, shoveling, or other removing of snow or other
mixed precipitation from a surface.
(ii) Deicing services.
(iii) A service incidental to activity described in
subparagraph (i) or (ii), including, but not limited to, driving or
otherwise moving snowplow and deicing equipment and materials.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.