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.