Bill Amendment: IL SB2138 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SNOW REMOVAL LIABILITY LIMITS

Status: 2016-08-25 - Public Act . . . . . . . . . 99-0889 [SB2138 Detail]

Download: Illinois-2015-SB2138-Senate_Amendment_001.html

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Sen. Chris Nybo

Filed: 2/26/2016

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AMENDMENT TO SENATE BILL 2138
AMENDMENT NO. ______. Amend Senate Bill 2138 by replacing
everything after the enacting clause with the following:
"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

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(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
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.
(3) 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.
Section 15. Applicability.
(a) This Act applies to snow removal and ice control

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services in existence as well as entered into on and after the
effective date of this Act.
(b) This Act does not apply to an insurance policy, a
surety bond, or workers' compensation.
(c) This Act does not affect any immunities or affirmative
defenses arising under other law.
Section 99. Effective date. This Act takes effect upon
becoming law.".