Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1874 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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HOUSE DOCKET, NO. 1437       FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1874
The Commonwealth of Massachusetts
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PRESENTED BY:
Ann-Margaret Ferrante
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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.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Ann-Margaret Ferrante5th Essex1/18/2023 1 of 2
HOUSE DOCKET, NO. 1437       FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1874
By Representative Ferrante of Gloucester, a petition (accompanied by bill, House, No. 1874) of 
Ann-Margaret Ferrante relative to snow removal service liability limitations. Labor and 
Workforce Development.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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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:
1 Chapter 149 of the General Laws, as appearing in the 2018 Official Edition, is hereby 
2amended by inserting after Section 29C, the following new section:-
3 Section 29C1/2. (a) As used in this section, the following terms shall have the following 
4meanings:-
5 "Service provider”, a person providing services under a snow removal and ice control 
6services contract.
7 "Service receiver", a person receiving services under a snow removal and ice control 
8services contract.
9 "Snow removal and ice control services contract", a contract or agreement for the 
10performance of any of the following: (1) plowing, shoveling, or other removal of snow or other 
11mixed precipitation from a surface; (2) de-icing services; or (3) a service incidental to an activity  2 of 2
12described in item (1) or (2), including operating or otherwise moving snow removal or de-icing 
13equipment or materials.
14 (b) A provision, clause, covenant, or agreement that is part of or in connection with a 
15snow removal and ice control services contract is against public policy and void if it does any of 
16the following: (1) requires, or has the effect of requiring, a service provider to indemnify a 
17service receiver for damages resulting from the acts or omissions of the service receiver or the 
18service receiver's agents or employees; (2) requires, or has the effect of requiring, a service 
19receiver to indemnify a service provider for damages resulting from the acts or omissions of the 
20service provider or the service provider's agents or employees; (3) requires, or has the effect of 
21requiring, a service provider to hold a service receiver harmless from any tort liability for 
22damages resulting from the acts or omissions of the service receiver or the service receiver's 
23agents or employees; (4) Requires, or has the effect of requiring, a service receiver to hold a 
24service provider harmless from any tort liability for damages resulting from the acts or omissions 
25of the service provider or the service provider's agents or employees.