LRB-0720/1
RPN:lmk&kjf:ch
2005 - 2006 LEGISLATURE
February 17, 2005 - Introduced by Representatives Krawczyk, Van Roy, Gielow,
Montgomery, Musser, Meyer, Nelson, Owens, Kaufert, Hines, Townsend,
Albers, F. Lasee, Moulton, Vrakas, McCormick and Gunderson, cosponsored
by Senators Roessler, Risser, Breske and
Lassa. Referred to Committee on
Judiciary.
AB109,1,4
1An Act to create 895.488 of the statutes;
relating to: immunity from civil
2liability for those who provide, or administer the provision of, transportation
3to an individual who is utilizing the service to avoid operating a motor vehicle
4while under the influence of an intoxicant.
Analysis by the Legislative Reference Bureau
Under current law, certain persons are given civil immunity for their acts or
omissions when performing certain services. For example, a person who renders
emergency care at the scene of an accident is given civil immunity for his or her acts
in providing that service. That immunity does not apply if the person is a health care
provider and provides the emergency care for compensation within the scope of his
or her employment.
This bill provides civil immunity for the acts or omissions of persons who
administer a transportation program and the individuals who drive a motor vehicle
in that transportation program. Under the bill, "transportation program" is defined
as a program that is specifically created to provide transportation to individuals who
utilize the service to avoid operating a vehicle while they are incapable of safely
driving because of their actual or planned consumption or use of an intoxicant. The
immunity does not apply to a driver in the program who is under the influence of an
intoxicant or who has an alcohol concentration of 0.04 or more while driving, or
whose act or omission while driving involves reckless, wanton, or intentional
misconduct. The immunity does not apply to the act or omission of a person
administering a transportation program if that act or omission involves reckless,
wanton, or intentional misconduct.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB109, s. 1
1Section
1. 895.488 of the statutes is created to read:
AB109,2,3
2895.488 Civil liability exemption; transportation services. (1) In this
3section:
AB109,2,44
(a) "Intoxicant" means any of the following:
AB109,2,65
1. Alcohol, a controlled substance, a controlled substance analog, any other
6drug, or a vapor-releasing substance.
AB109,2,87
2. Any combination of alcohol, a controlled substance, a controlled substance
8analog, any other drug, or a vapor-releasing substance.
AB109,2,119
(b) "Transportation program" means a program that is specifically created to
10provide transportation to individuals who utilize the program to avoid operating a
11motor vehicle while under the influence of an intoxicant.
AB109,2,1512
(c) "Under the influence of an intoxicant" means a condition in which a person's
13ability to operate a motor vehicle, because of the consumption or use of an intoxicant,
14is impaired to the extent that the person is less able to exercise the clear judgment
15and steady hand necessary to handle and control a motor vehicle.
AB109,2,18
16(2) Any person administering a transportation program or driving a motor
17vehicle in that program shall be immune from civil liability for any act or omission
18in providing transportation under that program.
AB109,2,20
19(3) The civil immunity under this section does not apply to the driver of the
20motor vehicle in the transportation program if:
AB109,3,3
1(a) The driver has an alcohol concentration, as defined in s. 340.01 (1v), of 0.04
2or more or is under the influence of an intoxicant at the time that he or she is driving
3the motor vehicle.
AB109,3,54
(b) The driver's act or omission while driving involves reckless, wanton, or
5intentional misconduct.
AB109,3,8
6(4) The civil immunity under this section does not apply to a person
7administering the transportation program if the person's act or omission involves
8reckless, wanton, or intentional misconduct.
AB109,3,12
9(5) The liability of any person driving a motor vehicle in a transportation
10program who is not immune from civil liability as the result of action described in
11sub. (3) (a) or (b) is limited to the amounts required for an automobile liability policy
12under s. 344.15 (1).
AB109,3,1514
(1) This act first applies to acts or omissions occurring on the effective date of
15this subsection.
