SB3467 EngrossedLRB102 24343 LNS 33577 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  


 
4    Section 1. Short title. This Act may be cited as the Park 
5District and Public Utility Liability Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Lessee" means any park district engaged in a contractual 
8lease for property use.
 
9    "Lessor" means any public utility leasing property 
10ownership, control, or access.

11    "Park district" means a park district as defined in the 
12Park District Code, a forest preserve district, a conservation 
13district, or another local public entity that has recreation 
14departments or facilities and has a lease with a lessor.

15    "Public utility" has the same meaning as used in the 
16Public Utilities Act.

 
17    Section 10. Liability. 
18    (a) Provisions in, or in connection with, a land lease 
19agreement between an electric public utility and a park 
20district that require a lessee to indemnify or hold harmless 
21the lessor, or the lessor's independent contractors, agents, 
22employees, or indemnitees, including, but not limited to, 
 
 
SB3467 Engrossed- 2 -LRB102 24343 LNS 33577 b

1waivers of subrogation, against liability for damages arising 
2out of bodily injury to persons or damage to property 
3proximately caused by or resulting from negligence, in whole 
4or in part, of the lessor, or its independent contractors, 
5agents, employees, or indemnitees, are against public policy, 
6void, and unenforceable.
7    (b) Nothing in this Act shall prevent or prohibit a 
8contract, promise, or agreement for a lessor to indemnify or 
9hold harmless any lessee against liability for damages 
10resulting from the sole negligence of the lessor, its agents, 
11or its employees.
 

12    Section 99. Effective date. This Act takes effect upon 
13becoming law.