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| Public Act 099-0889 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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;
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(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.
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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.
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(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.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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