Sen. Adriane Johnson
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AMENDMENT TO SENATE BILL 3467
AMENDMENT NO. ______. Amend Senate Bill 3467 by replacing
everything after the enacting clause with the following:
This Act may be cited as the
District and Public Utility Liability Act.
As used in this Act:
"Lessee" means any park district engaged in a contractual
lease for property use.
"Lessor" means any public utility leasing property
ownership, control, or access.
"Park district" means a park district as defined in the
Park District Code, a forest preserve district, a conservation
district, or another local public entity that has recreation
departments or facilities and has a lease with a lessor.
"Public utility" has the same meaning as used in the
Public Utilities Act.
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(a) Provisions in, or in connection with, a land lease
agreement between an electric public utility and a park
district that require a lessee to indemnify or hold harmless
the lessor, or the lessor's independent contractors, agents,
employees, or indemnitees, including, but not limited to,
waivers of subrogation, against liability for damages arising
out of bodily injury to persons or damage to property
proximately caused by or resulting from negligence, in whole
or in part, of the lessor, or its independent contractors,
agents, employees, or indemnitees, are against public policy,
void, and unenforceable.
(b) Nothing in this Act shall prevent or prohibit a
contract, promise, or agreement for a lessor to indemnify or
hold harmless any lessee against liability for damages
resulting from the sole negligence of the lessor, its agents,
or its employees.
This Act takes effect upon