SB3467 EnrolledLRB102 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 a public utility and a park district that 
20require a lessee to indemnify or hold harmless the lessor, or 
21the lessor's independent contractors, agents, employees, or 
22indemnitees, including, but not limited to, waivers of 
 
 
SB3467 Enrolled- 2 -LRB102 24343 LNS 33577 b

1subrogation, against liability for damages arising out of 
2bodily injury to persons or damage to property proximately 
3caused by or resulting from negligence, in whole or in part, of 
4the lessor, or its independent contractors, agents, employees, 
5or indemnitees, are against public policy, void, and 
6unenforceable.
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.