Public Act 102-1084
 
SB3467 EnrolledLRB102 24343 LNS 33577 b


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


 
    Section 1. Short title. This Act may be cited as the Park 
District and Public Utility Liability Act.
 
    Section 5. Definitions. 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.

 
    Section 10. Liability. 
    (a) Provisions in, or in connection with, a land lease 
agreement between a 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.
 

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