Full Text of HB3832 96th General Assembly
HB3832enr 96TH GENERAL ASSEMBLY
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HB3832 Enrolled |
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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 | 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 |
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HB3832 Enrolled |
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LRB096 07370 AJT 17456 b |
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| 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.
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| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.
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