SB3467 102ND GENERAL ASSEMBLY

LRB102 24343 LNS 33577 b

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.

A BILL FOR

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 electric public utility leasing property ownership, control, or access.

"Park district" has the same meaning as used in the Park District Code.

"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 an electric public utility and a park district that require a lessee to indemnify or hold harmless the lessor, the lessor's independent contractors, agents, employees, or indemnitees, 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, its independent contractors, agents, employees, or indemnitees, is 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.