.................... moves to amend H.F. No. 2090 as follows:
Delete everything after the enacting clause and insert:
"Section 1. [604.21] INDEMNITY AGREEMENTS IN DESIGN PROFESSIONAL
1.4SERVICES CONTRACTS VOID.
1.5(a) A provision contained in, or executed in connection with, a design professional
1.6services contract is void and unenforceable to the extent it attempts to require an
1.7indemnitor to indemnify, to hold harmless, or to defend an indemnitee from or against
1.8liability for loss or damage resulting from the negligence or fault of anyone other than the
1.9indemnitor or others for whom the indemnitor is legally liable.
1.10(b) For purposes of this section, "design professional services contract" means a
1.11contract under which some portion of the work or services is to be performed or supervised
1.12by a person licensed under section 326.02, and is furnished in connection with any actual
1.13or proposed maintenance of or improvement to real property, highways, roads, or bridges.
1.14(c) This section does not apply to the extent that the obligation to indemnify, to hold
1.15harmless, or to defend an indemnitee is able to be covered by insurance.
1.16(d) This section does not apply to agreements referred to in section 337.03 or 337.04.
1.17(e) A provision contained in, or executed in connection with, a design professional
1.18services contract for any actual or proposed maintenance of, or improvement to, real
1.19property, highways, roads, or bridges located in Minnesota that makes the contract subject
1.20to the laws of another state or requires that any litigation, arbitration, or other dispute
1.21resolution process on the contract occur in another state is void and unenforceable.
1.22(f) This section supersedes any other inconsistent provision of law.
1.23EFFECTIVE DATE; APPLICATION.This section is effective August 1, 2014,
1.24and applies to contracts or agreements entered into on or after that date.