LRB-3440/1
RPN:skg:km
1995 - 1996 LEGISLATURE
May 16, 1995 - Introduced by Senators Leean, Ellis and Rude, by request of
Governor Tommy G. Thompson. Referred to Committee on Judiciary.
SB192,1,3
1An Act to create 895.48 (2) (e) and 895.48 (2) (f) of the statutes;
relating to:
2granting civil immunity for damages resulting from containing or stabilizing
3an oil discharge.
Analysis by the Legislative Reference Bureau
This bill creates an immunity from civil liability for property damage by a
person acting in good faith in containing and stabilizing a discharge of oil into any
navigable water if the person is responding to the direction of a state or federal
hazardous substance contingency plan, a federal on-scene coordinator or the
secretary of natural resources. The immunity created in this bill does not apply to
a person who possesses or controls the oil which is discharged, who causes the
discharge of the oil or whose act or omission involves reckless, wanton or intentional
misconduct.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB192, s. 1
4Section
1. 895.48 (2) (e) of the statutes is created to read:
SB192,1,85
895.48
(2) (e) A person is immune from civil liability for property damages
6resulting from his or her good faith act or omission in containing and stabilizing a
7discharge of oil into any navigable water if the act or omission was taken at the
8direction of one of the following:
SB192,2,1
11. The national contingency plan prepared under
33 USC 1321 (d).
SB192,2,22
2. The state contingency plan under s. 144.76 (5).
SB192,2,43
3. The federal on-scene coordinator of the containment and stabilization of the
4oil discharge.
SB192,2,55
4. The secretary of natural resources or his or her designee.
SB192, s. 2
6Section
2. 895.48 (2) (f) of the statutes is created to read:
SB192,2,77
895.48
(2) (f) The immunity under par. (e) does not extend to any person:
SB192,2,98
1. Who is required to act under s. 144.76 (3) because the person possessed or
9controlled the oil that was discharged or caused the discharge of the oil.
SB192,2,1010
2. Whose act or omission involves reckless, wanton or intentional misconduct.
SB192,2,13
12(1) This act first applies to acts or omissions occurring on the effective date of
13this subsection.
