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

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Bill Title: Creates the Snow Removal Service Liability Limitation Act. Provides that any provision in a snow plow and de-icing services contract that purports to indemnify or hold harmless a promisee from or against liability for loss or damage resulting from the negligence or omissions of the promisee is against the public policy of this State and is void and unenforceable. Effective immediately.

Spectrum: Slight Partisan Bill (Republican 3-1)

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

Download: Illinois-2015-SB2138-Chaptered.html

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Public Act 099-0889
SB2138 Enrolled LRB099 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.