Illinois General Assembly - Full Text of Public Act 096-0697
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Public Act 096-0697




Public Act 096-0697
HB3832 Enrolled LRB096 07370 AJT 17456 b

    AN ACT concerning transportation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Vehicle Code is amended by adding
Section 18c-4105 as follows:
    (625 ILCS 5/18c-4105 new)
    Sec. 18c-4105. Indemnity agreement in motor carrier
transportation contracts void.
    (a) 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.
    (b) As used in this Section:
        (1) "Motor carrier transportation contract" means a
    contract, agreement or understanding covering:
            (A) The transportation of property for
        compensation or hire by the motor carrier;
            (B) Entrance on property by the motor carrier for
        the purpose of loading, unloading, or transporting
        property for compensation or hire; or
            (C) A service incidental to activity described in
        (i) or (ii) above, including, but not limited to,
        storage of property.
        (2) "Promisee" means the promisee and any agents,
    employees, servants, or independent contractors who are
    directly responsible to the promisee except for motor
    carriers party to a motor carrier transportation contract
    with promisee, and such motor carrier's agents, employees,
    servants or independent contractors directly responsible
    to the motor carrier.
    (c) This Section does not apply to the Uniform Intermodal
Interchange and Facilities Access Agreement administered by
the Intermodal Association of North America or other agreements
providing for the interchange, use, or possession of intermodal
chassis or other intermodal equipment.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/25/2009