SB2138 99TH GENERAL ASSEMBLY

LRB099 12553 JLS 36027 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2138

Introduced 5/22/2015, by Sen. Chris Nybo

SYNOPSIS AS INTRODUCED:

New Act

Creates the Snow Removal Service Liability Limitation Act. Provides that any provision in a snow plow and de-icing services contract that purports to indemnify or hold harmless a promisee from or against liability for loss or damage resulting from the negligence or omissions of the promisee is against the public policy of this State and is void and unenforceable. Effective immediately.

A BILL FOR

AN ACT concerning concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Snow Removal Service Liability Limitation Act.

Section 5. Definitions. In this Act:

"Promisee" means the promisee and any agents, employees, servants, or independent contractors who are directly responsible to the promisee.

"Snow plow and de-icing services contract" means a contract or understanding covering:

(1) plowing, shoveling, or other removal of snow or other mixed precipitation from a surface;

(2) de-icing services; or

(3) a service incidental to an activity described in item (1) or (2) including, but not limited to, driving or otherwise moving snow plow and de-icing equipment and materials.

Section 10. Certain indemnity agreements void.

Notwithstanding any provision of law to the contrary, a provision, clause, covenant, or agreement contained in, collateral to, or affecting any snow plow and de-icing services contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or omissions of the promisee is against the public policy of this State and is void and unenforceable.

Section 99. Effective date. This Act takes effect upon becoming law.