765 ILCS 1080/ Park District and Public Utility Liability Act.

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

765 ILCS 1080/1

(765 ILCS 1080/1)

Sec. 1. Short title. This Act may be cited as the Park District and Public Utility Liability Act.

(Source: P.A. 102-1084, eff. 6-10-22.)

765 ILCS 1080/5

(765 ILCS 1080/5)

Sec. 5. Definitions. As used in this Act:

"Lessee" means any park district engaged in a contractual lease for property use.

"Lessor" means any public utility leasing property ownership, control, or access.

"Park district" means a park district as defined in the Park District Code, a forest preserve district, a conservation district, or another local public entity that has recreation departments or facilities and has a lease with a lessor.

"Public utility" has the same meaning as used in the Public Utilities Act.

(Source: P.A. 102-1084, eff. 6-10-22.)

765 ILCS 1080/10

(765 ILCS 1080/10)

Sec. 10. Liability.

(a) Provisions in, or in connection with, a land lease agreement between a public utility and a park district that require a lessee to indemnify or hold harmless the lessor, or the lessor's independent contractors, agents, employees, or indemnitees, including, but not limited to, waivers of subrogation, 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, or its independent contractors, agents, employees, or indemnitees, are 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.

(Source: P.A. 102-1084, eff. 6-10-22.)

765 ILCS 1080/99

(765 ILCS 1080/99)

Sec. 99. Effective date. This Act takes effect upon becoming law.

(Source: P.A. 102-1084, eff. 6-10-22.)