Bill Text: IL SB3467 | 2021-2022 | 102nd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the introduced bill with the following changes: Removes the word electric from the definition of "lessor." To the definition of "park district", adds forest preserve districts, conservation districts, and other local public entities that have recreation departments or facilities and have leases with lessors. Provides that waivers of subrogation are against public policy.
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Passed) 2022-06-10 - Public Act . . . . . . . . . 102-1084 [SB3467 Detail]
Download: Illinois-2021-SB3467-Enrolled.html
Bill Title: Reinserts the provisions of the introduced bill with the following changes: Removes the word electric from the definition of "lessor." To the definition of "park district", adds forest preserve districts, conservation districts, and other local public entities that have recreation departments or facilities and have leases with lessors. Provides that waivers of subrogation are against public policy.
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Passed) 2022-06-10 - Public Act . . . . . . . . . 102-1084 [SB3467 Detail]
Download: Illinois-2021-SB3467-Enrolled.html
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| 1 | AN ACT concerning civil law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 1. Short title. This Act may be cited as the Park | ||||||
| 5 | District and Public Utility Liability Act.
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| 6 | Section 5. Definitions. As used in this Act: | ||||||
| 7 | "Lessee" means any park district engaged in a contractual | ||||||
| 8 | lease for property use.
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| 9 | "Lessor" means any public utility leasing property | ||||||
| 10 | ownership, control, or access.
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| 11 | "Park district" means a park district as defined in the | ||||||
| 12 | Park District Code, a forest preserve district, a conservation | ||||||
| 13 | district, or another local public entity that has recreation | ||||||
| 14 | departments or facilities and has a lease with a lessor.
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| 15 | "Public utility" has the same meaning as used in the | ||||||
| 16 | Public Utilities Act.
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| 17 | Section 10. Liability. | ||||||
| 18 | (a) Provisions in, or in connection with, a land lease | ||||||
| 19 | agreement between a public utility and a park district that | ||||||
| 20 | require a lessee to indemnify or hold harmless the lessor, or | ||||||
| 21 | the lessor's independent contractors, agents, employees, or | ||||||
| 22 | indemnitees, including, but not limited to, waivers of | ||||||
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| 1 | subrogation, against liability for damages arising out of | ||||||
| 2 | bodily injury to persons or damage to property proximately | ||||||
| 3 | caused by or resulting from negligence, in whole or in part, of | ||||||
| 4 | the lessor, or its independent contractors, agents, employees, | ||||||
| 5 | or indemnitees, are against public policy, void, and | ||||||
| 6 | unenforceable. | ||||||
| 7 | (b) Nothing in this Act shall prevent or prohibit a | ||||||
| 8 | contract, promise, or agreement for a lessor to indemnify or | ||||||
| 9 | hold harmless any lessee against liability for damages | ||||||
| 10 | resulting from the sole negligence of the lessor, its agents, | ||||||
| 11 | or its employees.
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| 12 | Section 99. Effective date. This Act takes effect upon | ||||||
| 13 | becoming law.
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