Illinois General Assembly - Full Text of SB2138
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Full Text of SB2138  99th General Assembly

SB2138eng 99TH GENERAL ASSEMBLY

  
  
  

 


 
SB2138 EngrossedLRB099 12553 JLS 36027 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Snow
5Removal Service Liability Limitation Act.
 
6    Section 5. Definitions. In this Act:
7    "Service provider" means a person providing services under
8a snow removal and ice control services contract.
9    "Service receiver" means a person receiving services under
10a snow removal and ice control services contract.
11    "Snow removal and ice control services contract" means a
12contract or agreement for the performance of any of the
13following:
14        (1) plowing, shoveling, or other removal of snow or
15    other mixed precipitation from a surface;
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.
 
20    Section 10. Certain indemnity agreements void. A
21provision, clause, covenant, or agreement that is part of or in
22connection with a snow removal and ice control services

 

 

SB2138 Engrossed- 2 -LRB099 12553 JLS 36027 b

1contract is against public policy and void if it does any of
2the 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.
 
17    Section 15. Applicability.
18    (a) This Act applies to snow removal and ice control
19services contracts entered into on and after the effective date
20of this Act.
21    (b) This Act does not apply to contracts for snow removal
22or ice control services on public roads or with public bodies.
23    (c) This Act does not apply to contracts for snow removal
24or ice control services with a public utility. As used in this
25Section, "public utility" has the meaning provided in Section

 

 

SB2138 Engrossed- 3 -LRB099 12553 JLS 36027 b

13-105 of the Public Utilities Act.
2    (d) This Act does not apply to an insurance policy, a
3surety bond, or workers' compensation.
4    (e) This Act does not affect any immunities or affirmative
5defenses arising under other law.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.