Illinois General Assembly - Full Text of HB3832
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Full Text of HB3832  96th General Assembly



HB3832 Enrolled LRB096 07370 AJT 17456 b

1     AN ACT concerning transportation.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Illinois Vehicle Code is amended by adding
5 Section 18c-4105 as follows:
6     (625 ILCS 5/18c-4105 new)
7     Sec. 18c-4105. Indemnity agreement in motor carrier
8 transportation contracts void.
9     (a) Notwithstanding any other provision of law, a
10 provision, clause, covenant, or agreement contained in,
11 collateral to, or affecting a motor carrier transportation
12 contract that purports to indemnify, defend or hold harmless,
13 or has the effect of indemnifying, defending or holding
14 harmless, the promisee from or against any liability for loss
15 or damage resulting from the negligence or intentional acts or
16 omissions of the promisee is against the public policy of this
17 State and is void and unenforceable.
18     (b) As used in this Section:
19         (1) "Motor carrier transportation contract" means a
20     contract, agreement or understanding covering:
21             (A) The transportation of property for
22         compensation or hire by the motor carrier;
23             (B) Entrance on property by the motor carrier for



HB3832 Enrolled - 2 - LRB096 07370 AJT 17456 b

1         the purpose of loading, unloading, or transporting
2         property for compensation or hire; or
3             (C) A service incidental to activity described in
4         (i) or (ii) above, including, but not limited to,
5         storage of property.
6         (2) "Promisee" means the promisee and any agents,
7     employees, servants, or independent contractors who are
8     directly responsible to the promisee except for motor
9     carriers party to a motor carrier transportation contract
10     with promisee, and such motor carrier's agents, employees,
11     servants or independent contractors directly responsible
12     to the motor carrier.
13     (c) This Section does not apply to the Uniform Intermodal
14 Interchange and Facilities Access Agreement administered by
15 the Intermodal Association of North America or other agreements
16 providing for the interchange, use, or possession of intermodal
17 chassis or other intermodal equipment.
18     Section 99. Effective date. This Act takes effect upon
19 becoming law.