SB 3467

Abstract

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. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. 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. House Floor Amendment No. 1 Provides that provisions in, or in connection with, a land lease agreement between a public utility (rather than 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.