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SENATE DOCKET, NO. 20 FILED ON: 1/9/2023
SENATE . . . . . . . . . . . . . . No. 1221
The Commonwealth of Massachusetts
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PRESENTED BY:
Bruce E. Tarr
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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 :Bruce E. TarrFirst Essex and Middlesex 1 of 2
SENATE DOCKET, NO. 20 FILED ON: 1/9/2023
SENATE . . . . . . . . . . . . . . No. 1221
By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1221) of Bruce E. Tarr for legislation
relative to snow removal service liability limitation. Labor and Workforce Development.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1249 OF 2021-2022.]
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. 2 of 2
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
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.