Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1221 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 20 FILED ON: 1/9/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1221
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bruce E. Tarr
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to snow removal service liability limitation.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and Middlesex 1 of 2
16	16	SENATE DOCKET, NO. 20 FILED ON: 1/9/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1221
18	18	By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1221) of Bruce E. Tarr for legislation
19	19	relative to snow removal service liability limitation. Labor and Workforce Development.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 1249 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to snow removal service liability limitation.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 Chapter 149 of the General Laws, as appearing in the 2018 Official Edition, is hereby
31	31	2amended by inserting after Section 29C, the following new section:-
32	32	3 Section 29C1/2. (a) As used in this section, the following terms shall have the following
33	33	4meanings:-
34	34	5 "Service provider”, a person providing services under a snow removal and ice control
35	35	6services contract.
36	36	7 "Service receiver", a person receiving services under a snow removal and ice control
37	37	8services contract. 2 of 2
38	38	9 "Snow removal and ice control services contract", a contract or agreement for the
39	39	10performance of any of the following: (1) plowing, shoveling, or other removal of snow or other
40	40	11mixed precipitation from a surface; (2) de-icing services; or (3) a service incidental to an activity
41	41	12described in item (1) or (2), including operating or otherwise moving snow removal or de-icing
42	42	13equipment or materials.
43	43	14 (b) A provision, clause, covenant, or agreement that is part of or in connection with a
44	44	15snow removal and ice control services contract is against public policy and void if it does any of
45	45	16the following: (1) requires, or has the effect of requiring, a service provider to indemnify a
46	46	17service receiver for damages resulting from the acts or omissions of the service receiver or the
47	47	18service receiver's agents or employees; (2) requires, or has the effect of requiring, a service
48	48	19receiver to indemnify a service provider for damages resulting from the acts or omissions of the
49	49	20service provider or the service provider's agents or employees; (3) requires, or has the effect of
50	50	21requiring, a service provider to hold a service receiver harmless from any tort liability for
51	51	22damages resulting from the acts or omissions of the service receiver or the service receiver's
52	52	23agents or employees; (4) Requires, or has the effect of requiring, a service receiver to hold a
53	53	24service provider harmless from any tort liability for damages resulting from the acts or omissions
54	54	25of the service provider or the service provider's agents or employees.