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Sen. Adriane Johnson
Filed: 2/1/2022
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| 1 | | AMENDMENT TO SENATE BILL 3467
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3467 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 1. Short title. This Act may be cited as the Park |
| 5 | | District and Public Utility Liability Act.
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| 6 | | Section 5. Definitions. As used in this Act: |
| 7 | | "Lessee" means any park district engaged in a contractual |
| 8 | | lease for property use.
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| 9 | | "Lessor" means any public utility leasing property |
| 10 | | ownership, control, or access.
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| 11 | | "Park district" means a park district as defined in the |
| 12 | | Park District Code, a forest preserve district, a conservation |
| 13 | | district, or another local public entity that has recreation |
| 14 | | departments or facilities and has a lease with a lessor.
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| 15 | | "Public utility" has the same meaning as used in the |
| 16 | | Public Utilities Act.
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| | 10200SB3467sam001 | - 2 - | LRB102 24343 LNS 35089 a |
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| 1 | | Section 10. Liability. |
| 2 | | (a) Provisions in, or in connection with, a land lease |
| 3 | | agreement between an electric public utility and a park |
| 4 | | district that require a lessee to indemnify or hold harmless |
| 5 | | the lessor, or the lessor's independent contractors, agents, |
| 6 | | employees, or indemnitees, including, but not limited to, |
| 7 | | waivers of subrogation, against liability for damages arising |
| 8 | | out of bodily injury to persons or damage to property |
| 9 | | proximately caused by or resulting from negligence, in whole |
| 10 | | or in part, of the lessor, or its independent contractors, |
| 11 | | agents, employees, or indemnitees, are against public policy, |
| 12 | | void, and unenforceable. |
| 13 | | (b) Nothing in this Act shall prevent or prohibit a |
| 14 | | contract, promise, or agreement for a lessor to indemnify or |
| 15 | | hold harmless any lessee against liability for damages |
| 16 | | resulting from the sole negligence of the lessor, its agents, |
| 17 | | or its employees.
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| 18 | | Section 99. Effective date. This Act takes effect upon |
| 19 | | becoming law.".
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