102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3467
 
Introduced 1/19/2022, by Sen. Adriane Johnson
 
SYNOPSIS AS INTRODUCED:
 

 
New Act

     Creates the Park District and Public Utility Liability Act. Provides that provisions in, or in connection with, a land lease agreement between an electric public utility and a park district that require a lessee park district to indemnify or hold harmless the lessor public utility against liability for damages arising out of bodily injury to persons or damage to property proximately caused by or resulting from the negligence of the lessor is against public policy, void, and unenforceable. Provides that nothing in the 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. Effective immediately.
  


LRB102 24343 LNS 33577 b

 
 
A BILL FOR
 

  
SB3467LRB102 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 electric public utility leasing 
10property ownership, control, or access.
11    "Park district" has the same meaning as used in the Park 
12District Code.
13    "Public utility" has the same meaning as used in the 
14Public Utilities Act.
 
15    Section 10. Liability.
16    (a) Provisions in, or in connection with, a land lease 
17agreement between an electric public utility and a park 
18district that require a lessee to indemnify or hold harmless 
19the lessor, the lessor's independent contractors, agents, 
20employees, or indemnitees, against liability for damages 
21arising out of bodily injury to persons or damage to property 
22proximately caused by or resulting from negligence, in whole 
 
 
SB3467- 2 -LRB102 24343 LNS 33577 b

1or in part, of the lessor, its independent contractors, 
2agents, employees, or indemnitees, is against public policy, 
3void, and unenforceable.
4    (b) Nothing in this Act shall prevent or prohibit a 
5contract, promise, or agreement for a lessor to indemnify or 
6hold harmless any lessee against liability for damages 
7resulting from the sole negligence of the lessor, its agents, 
8or its employees.
 
 
9    Section 99. Effective date. This Act takes effect upon 
10becoming law.