Illinois General Assembly - Full Text of Public Act 099-0889
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Public Act 099-0889


 

Public Act 0889 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0889
 
SB2138 EnrolledLRB099 12553 JLS 36027 b

    AN ACT 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:
    "Service provider" means a person providing services under
a snow removal and ice control services contract.
    "Service receiver" means a person receiving services under
a snow removal and ice control services contract.
    "Snow removal and ice control services contract" means a
contract or agreement for the performance of any of the
following:
        (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 operating or otherwise moving
    snow removal or de-icing equipment or materials.
 
    Section 10. Certain indemnity agreements void. A
provision, clause, covenant, or agreement that is part of or in
connection with a snow removal and ice control services
contract is against public policy and void if it does any of
the following:
        (1) Requires, or has the effect of requiring, a service
    provider to indemnify a service receiver for damages
    resulting from the acts or omissions of the service
    receiver or the service receiver's agents or employees.
        (2) Requires, or has the effect of requiring, a service
    receiver to indemnify a service provider for damages
    resulting from the acts or omissions of the service
    provider or the service provider's agents or employees.
        (3) Requires, or has the effect of requiring, a service
    provider to hold a service receiver harmless from any tort
    liability for damages resulting from the acts or omissions
    of the service receiver or the service receiver's agents or
    employees.
        (4) Requires, or has the effect of requiring, a service
    receiver to hold a service provider harmless from any tort
    liability for damages resulting from the acts or omissions
    of the service provider or the service provider's agents or
    employees.
        (5) Requires, or has the effect of requiring, a service
    provider to defend a service receiver against any tort
    liability for damages resulting from the acts or omissions
    of the service receiver or the service receiver's agents or
    employees.
        (6) Requires, or has the effect of requiring, a service
    receiver to defend a service provider against any tort
    liability for damages resulting from the acts or omissions
    of the service provider or the service provider's agents or
    employees.
 
    Section 15. Applicability.
    (a) This Act applies to snow removal and ice control
services contracts entered into on and after the effective date
of this Act.
    (b) This Act does not apply to contracts for snow removal
or ice control services on public roads or with public bodies.
    (c) This Act does not apply to contracts for snow removal
or ice control services with a public utility. As used in this
Section, "public utility" has the meaning provided in Section
3-105 of the Public Utilities Act.
    (d) This Act does not apply to an insurance policy, a
surety bond, or workers' compensation.
    (e) This Act does not affect any liabilities, immunities,
or affirmative defenses arising under other law.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/25/2016