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2 | 2 | | HOUSE DOCKET, NO. 3466 FILED ON: 1/17/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2100 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Ann-Margaret Ferrante |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to snow removal service liability limitation. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Ann-Margaret Ferrante5th Essex1/17/2025Daniel M. Donahue16th Worcester1/29/2025Bradley H. Jones, Jr.20th Middlesex2/26/2025Hannah Kane11th Worcester2/26/2025James Arciero2nd Middlesex2/26/2025Christopher M. Markey9th Bristol2/26/2025 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 3466 FILED ON: 1/17/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2100 |
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18 | 18 | | By Representative Ferrante of Gloucester, a petition (accompanied by bill, House, No. 2100) of |
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19 | 19 | | Ann-Margaret Ferrante and others relative to snow removal service liability limitations. Labor |
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20 | 20 | | and Workforce Development. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE HOUSE, NO. 1874 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act relative to snow removal service liability limitation. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 Chapter 149 of the General Laws, as appearing in the 2018 Official Edition, is hereby |
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32 | 32 | | 2amended by inserting after Section 29C, the following new section:- |
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33 | 33 | | 3 Section 29C1/2. (a) As used in this section, the following terms shall have the following |
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34 | 34 | | 4meanings:- |
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35 | 35 | | 5 "Service provider”, a person providing services under a snow removal and ice control |
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36 | 36 | | 6services contract. |
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37 | 37 | | 7 "Service receiver", a person receiving services under a snow removal and ice control |
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38 | 38 | | 8services contract. 2 of 2 |
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39 | 39 | | 9 "Snow removal and ice control services contract", a contract or agreement for the |
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40 | 40 | | 10performance of any of the following: (1) plowing, shoveling, or other removal of snow or other |
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41 | 41 | | 11mixed precipitation from a surface; (2) de-icing services; or (3) a service incidental to an activity |
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42 | 42 | | 12described in item (1) or (2), including operating or otherwise moving snow removal or de-icing |
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43 | 43 | | 13equipment or materials. |
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44 | 44 | | 14 (b) A provision, clause, covenant, or agreement that is part of or in connection with a |
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45 | 45 | | 15snow removal and ice control services contract is against public policy and void if it does any of |
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46 | 46 | | 16the following: (1) requires, or has the effect of requiring, a service provider to indemnify a |
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47 | 47 | | 17service receiver for damages resulting from the acts or omissions of the service receiver or the |
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48 | 48 | | 18service receiver's agents or employees; (2) requires, or has the effect of requiring, a service |
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49 | 49 | | 19receiver to indemnify a service provider for damages resulting from the acts or omissions of the |
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50 | 50 | | 20service provider or the service provider's agents or employees; (3) requires, or has the effect of |
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51 | 51 | | 21requiring, a service provider to hold a service receiver harmless from any tort liability for |
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52 | 52 | | 22damages resulting from the acts or omissions of the service receiver or the service receiver's |
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53 | 53 | | 23agents or employees; (4) Requires, or has the effect of requiring, a service receiver to hold a |
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54 | 54 | | 24service provider harmless from any tort liability for damages resulting from the acts or omissions |
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55 | 55 | | 25of the service provider or the service provider's agents or employees. |
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