Illinois General Assembly - Full Text of SB3467
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Full Text of SB3467  102nd General Assembly


Sen. Adriane Johnson

Filed: 2/1/2022





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2    AMENDMENT NO. ______. Amend Senate Bill 3467 by replacing
3everything after the enacting clause with the following:
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.



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1    Section 10. Liability.
2    (a) Provisions in, or in connection with, a land lease
3agreement between an electric public utility and a park
4district that require a lessee to indemnify or hold harmless
5the lessor, or the lessor's independent contractors, agents,
6employees, or indemnitees, including, but not limited to,
7waivers of subrogation, against liability for damages arising
8out of bodily injury to persons or damage to property
9proximately caused by or resulting from negligence, in whole
10or in part, of the lessor, or its independent contractors,
11agents, employees, or indemnitees, are against public policy,
12void, and unenforceable.
13    (b) Nothing in this Act shall prevent or prohibit a
14contract, promise, or agreement for a lessor to indemnify or
15hold harmless any lessee against liability for damages
16resulting from the sole negligence of the lessor, its agents,
17or its employees.
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".