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