SENATE DOCKET, NO. 1231        FILED ON: 2/12/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1249

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Bruce E. Tarr

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to snow removal service liability limitation.

_______________

PETITION OF:

 

Name:

District/Address:

 

Bruce E. Tarr

First Essex and Middlesex

 

Joanne M. Comerford

Hampshire, Franklin and Worcester

 

Michael D. Brady

Second Plymouth and Bristol

3/1/2021

James B. Eldridge

Middlesex and Worcester

3/4/2021


SENATE DOCKET, NO. 1231        FILED ON: 2/12/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1249

By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1249) of Bruce E. Tarr, Joanne M. Comerford, Michael D. Brady and James B. Eldridge for legislation relative to snow removal service liability limitation.  Labor and Workforce Development.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1116 OF 2019-2020.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

 

An Act relative to snow removal service liability limitation.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 149 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after Section 29C, the following new section:-

Section 29C1/2. (a) As used in this section, the following terms shall have the following meanings:-

"Service provider”, a person providing services under a snow removal and ice control services contract.

"Service receiver", a person receiving services 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, or other removal of snow or other mixed precipitation from a surface; (2) de-icing services; or (3) a service incidental to an activity described in item (1) or (2), including operating or otherwise moving snow removal or de-icing equipment or materials.

(b) 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 it does any of the following: (1) requires, or has the effect of requiring, a service provider to indemnify a service receiver for damages resulting from the acts or omissions of the service receiver or the service receiver's agents or employees; (2) requires, or has the effect of requiring, a service receiver to indemnify a service provider for damages resulting from the acts or omissions of the service provider or the service provider's agents or employees; (3) requires, or has the effect of requiring, 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 receiver's agents or employees; (4) Requires, or has the effect of requiring, 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 provider's agents or employees.