LRBs0090/1
RPN:jld:jf
2001 - 2002 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2001 ASSEMBLY BILL 174
February 19, 2002 - Offered by
Committee on Tourism and Recreation.
AB174-ASA1,1,2
1An Act to create 895.523 of the statutes;
relating to: immunity of private
2campground owners, operators, employees, and agents.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB174-ASA1,1,4
4895.523 Liability exemption; private campgrounds. (1) In this section:
AB174-ASA1,1,75
(a) "Private campground" means a facility that is issued a campground permit
6under s. 254.47 and that is owned and operated by someone other than a public
7agency.
AB174-ASA1,1,88
(b) "Public agency" has the meaning given in s. 66.0825 (3) (h).
AB174-ASA1,2,2
9(2) The owner or operator of a private campground and the employees and
10agents of the owner or operator are immune from civil liability for damage to property
11or for the death of or injury to an individual if the negligence of a person other than
1the owner or operator of the campground and the employees and agents of the owner
2or operator was a cause of the damage, death, or injury and all of the following apply:
AB174-ASA1,2,43
(a) The cause of the damage, death, or injury took place on the private
4campground property.
AB174-ASA1,2,75
(b) Any negligence of the owner or operator or the employees or agents of the
6owner or operator that was the cause of the damage, death, or injury is an act of
7omission.
AB174-ASA1,2,118
(c) The owner or operator or the employees or agents of the owner or operator
9are not joint tortfeasors with any person other than the owner or operator or the
10employees or agents of the owner or operator with respect to the damage, death, or
11injury.
AB174-ASA1,2,13
12(3) The immunity under sub. (2) does not apply if the damage, death, or injury
13is caused by any of the following:
AB174-ASA1,2,1514
(a) An intentional or malicious act of the owner or operator or the employees
15or agents of the owner or operator.
AB174-ASA1,2,1816
(b) The malicious failure of the owner or operator or the employees or agents
17of the owner or operator to warn against an unsafe condition on the campground
18property, of which the owner or operator knew.
AB174-ASA1,2,2120
(1) This act first applies to acts or omissions that occur on the effective date of
21this subsection.
