A legislative update

Earlier this year, the Massachusetts House of Representatives introduced Bill H.2369 – an act relative to prohibit contract provisions requiring subcontractors to assume liability for negligence of others. In short, it’s an all-encompassing piece of legislation that fulfills the same mission as the Accredited Snow Contractors Association’s model legislation, namely prohibiting your clients from passing on their negligence through hold-harmless agreements and indemnification clauses. The difference with H.2369 is this legislation would cover all industries, not solely snow and ice management.

The ASCA has kept a watchful eye on H.2369, and this week returned to the Massachusetts State House to support the legislation, not only to ensure its legislative momentum, but to protect the interests of the professional snow and ice management industry in H.2369’s legislative language.

Mike Weiss, founder and president of Weiss Commercial Property Services, has championed H.2369 and maintains constant communication with state legislators on its progress. In early June, Weiss and myself visited 20 state senate and house offices to share our industry’s message with state legislative representatives.

H.2369 has been assigned to the Labor and Workforce Development Committee. This is a joint committee with both state house and senate representatives. We stopped into each committee member’s office to educate and generate support.

We also met with the office of the bill’s sponsor, State Representative Thomas A. Golden, Jr. (D-Lowell), and offered supporting statements for him to use to help pass H.2369.

Finally, Weiss and I met with Senate Minority Leader Bruce Tarr (R-Gloucester). Senator Tarr was encouraged by the bill’s progress, and added he felt positive about the bill’s continued forward momentum.

If you are a Massachusetts snow and ice management contractor, please reach out to your elected representative and ask them to support H.2369 when it comes up for consideration.

In other legislative news, The ASCA is planning a snow and ice management industry Legislative Day on the Hill in Washington, D.C. for Sept. 11 and 12.

A tentative agenda and specific details about a host hotel for the event are being finalized, and the ASCA will make a more detailed announcement will be made in the coming weeks.

We have to build an awareness of who we are as individuals and as an industry to our Congress members.

The association’s board and the Government Affairs Committee elected to begin holding its own Day on the Hill in D.C. this year, as opposed to partnering with the National Association of Landscape Professionals. We’ve experienced great success in the many years we’ve taken part in Day on the Hill in conjunction with NALP. However, as we’ve grown as an association and our legislative message has become more focused, the board believes it is the right time to begin scheduling an initiative solely for those in the snow and ice management industry.

We welcome snow and ice management industry professionals from across the nation to take part in this event. We have to build an awareness of who we are as individuals and as an industry to our Congress members. While some details are still being finalized, it is important to get the initial information and, most importantly, the dates out in the industry to those planning to participate.

Those individuals planning to attend the ASCA’s Day on the Hill should email me as soon as possible at kgilbride@gie.net.

Once we have an idea of the number of attendees and the need for rooms, we will find a hotel in the area that can accommodate our group.

The author is the executive director of the ASCA.

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