Bill Text: IL HB3832 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0697 [HB3832 Detail]
Download: Illinois-2009-HB3832-Enrolled.html
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| 1 | AN ACT concerning transportation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Vehicle Code is amended by adding | ||||||
| 5 | Section 18c-4105 as follows:
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| 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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| 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.
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| 18 | Section 99. Effective date. This Act takes effect upon | ||||||
| 19 | becoming law.
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