SB2138enr 99TH GENERAL ASSEMBLY

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.