HB3832 Enrolled

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 Enrolled
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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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    (c) This Section does not apply to the Uniform Intermodal 
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Interchange and Facilities Access Agreement administered by 
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the Intermodal Association of North America or other agreements 
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providing for the interchange, use, or possession of intermodal 
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chassis or other intermodal equipment. 
 

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