96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3832


 
Introduced 2/25/2009, by Rep. Frank J. Mautino
 
SYNOPSIS AS INTRODUCED:
 		













625 ILCS 5/18c-4105 new










    Amends the Illinois Vehicle Code. Provides that notwithstanding any other provision of law, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend or hold harmless, or has the effect of indemnifying, defending or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this State and is void and unenforceable. Defines "motor carrier transportation contract" and "promisee". Effective immediately.
















LRB096 07370 AJT 17456 b

















 


 


A BILL FOR









 











HB3832

LRB096 07370 AJT 17456 b






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    AN ACT concerning transportation.

 
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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 5. The Illinois Vehicle Code is amended  by adding 
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Section 18c-4105 as follows:
 
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    (625 ILCS 5/18c-4105  new)
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    Sec. 18c-4105. Indemnity agreement in motor carrier 
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transportation contracts void.
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    (a) Notwithstanding any other provision of law, a 
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provision, clause, covenant, or agreement contained in, 
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collateral to, or affecting a motor carrier transportation 
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contract that purports to indemnify, defend or hold harmless, 
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or has the effect of indemnifying, defending or holding 
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harmless, the promisee from or against any liability for loss 
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or damage resulting from the negligence or intentional acts or 
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omissions of the promisee is against the public policy of this 
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State and is void and unenforceable.
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    (b) As used in this Section: 
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        (1) "Motor carrier transportation contract" means a 
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    contract, agreement or understanding covering: 
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            (A) The transportation of property for 
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        compensation or hire by the motor carrier; 
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            (B) Entrance on property by the motor carrier for 
 


 






HB3832
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LRB096 07370 AJT 17456 b




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        the purpose of loading, unloading, or transporting 
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        property for compensation or hire; or
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            (C) A service incidental to activity described in 
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        (i) or (ii) above, including, but not limited to, 
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        storage of property. 
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        (2) "Promisee" means the promisee and any agents, 
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    employees, servants, or independent contractors who are 
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    directly responsible to the promisee except for motor 
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    carriers party to a motor carrier transportation contract 
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    with promisee, and such motor carrier's agents, employees, 
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    servants or independent contractors directly responsible 
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    to the motor carrier. 
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.