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| 1 | AN ACT concerning civil law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 1. Short title. This Act may be cited as the Snow | ||||||
| 5 | Removal Service Liability Limitation Act. | ||||||
| 6 | Section 5. Definitions. In this Act: | ||||||
| 7 | "Service provider" means a person providing services under | ||||||
| 8 | a snow removal and ice control services contract. | ||||||
| 9 | "Service receiver" means a person receiving services under | ||||||
| 10 | a snow removal and ice control services contract. | ||||||
| 11 | "Snow removal and ice control services contract" means a | ||||||
| 12 | contract or agreement for the performance of any of the | ||||||
| 13 | following: | ||||||
| 14 | (1) plowing, shoveling, or other removal of snow or | ||||||
| 15 | other mixed precipitation from a surface;
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| 16 | (2) de-icing services; or | ||||||
| 17 | (3) a service incidental to an activity described in | ||||||
| 18 | item (1) or (2), including operating or otherwise moving | ||||||
| 19 | snow removal or de-icing equipment or materials.
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| 20 | Section 10. Certain indemnity agreements void. A | ||||||
| 21 | provision, clause, covenant, or agreement that is part of or in | ||||||
| 22 | connection with a snow removal and ice control services | ||||||
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| 1 | contract is against public policy and void if it does any of | ||||||
| 2 | the following: | ||||||
| 3 | (1) Requires, or has the effect of requiring, a service | ||||||
| 4 | provider to indemnify a service receiver for damages | ||||||
| 5 | resulting from the acts or omissions of the service | ||||||
| 6 | receiver or the service receiver's agents or employees. | ||||||
| 7 | (2) Requires, or has the effect of requiring, a service | ||||||
| 8 | provider to hold a service receiver harmless from any tort | ||||||
| 9 | liability for damages resulting from the acts or omissions | ||||||
| 10 | of the service receiver or the service receiver's agents or | ||||||
| 11 | employees. | ||||||
| 12 | (3) Requires, or has the effect of requiring, a service | ||||||
| 13 | provider to defend a service receiver against any tort | ||||||
| 14 | liability for damages resulting from the acts or omissions | ||||||
| 15 | of the service receiver or the service receiver's agents or | ||||||
| 16 | employees.
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| 17 | Section 15. Applicability. | ||||||
| 18 | (a) This Act applies to snow removal and ice control | ||||||
| 19 | services contracts entered into on and after the effective date | ||||||
| 20 | of this Act. | ||||||
| 21 | (b) This Act does not apply to contracts for snow removal | ||||||
| 22 | or ice control services on public roads or with public bodies. | ||||||
| 23 | (c) This Act does not apply to contracts for snow removal | ||||||
| 24 | or ice control services with a public utility. As used in this | ||||||
| 25 | Section, "public utility" has the meaning provided in Section | ||||||
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| 1 | 3-105 of the Public Utilities Act. | ||||||
| 2 | (d) This Act does not apply to an insurance policy, a | ||||||
| 3 | surety bond, or workers' compensation. | ||||||
| 4 | (e) This Act does not affect any immunities or affirmative | ||||||
| 5 | defenses arising under other law.
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| 6 | Section 99. Effective date. This Act takes effect upon | ||||||
| 7 | becoming law.
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