LRB-1745/1
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1995 - 1996 LEGISLATURE
January 31, 1995 - Introduced by Senators Farrow, Huelsman, Cowles,
Fitzgerald, Rude, Petak, Darling, Buettner, Schultz, A. Lasee and Moore,
cosponsored by Representatives
Schneiders, Grothman, Wood, Hoven, Ward,
Seratti, Hahn, Harsdorf, Lehman, Silbaugh, Porter, Dobyns, Hanson,
Plombon, Lazich, Musser, Duff, Ainsworth, Kaufert, Jensen, Ladwig,
Zukowski, Wilder, Boyle, Handrick, Gunderson, Vrakas, Klusman and
Wasserman. Referred to Committee on Education and Financial Institutions.
SB50,1,3
1An Act to create 895.515 of the statutes;
relating to: civil immunity for persons
2who donate commercial equipment or technology to elementary or secondary
3schools or institutions of higher education.
Analysis by the Legislative Reference Bureau
This bill provides civil immunity to any person who donates or sells, at a price
not to exceed overhead and transportation costs, commercial equipment or
technology to a public or private elementary or secondary school or an institution of
higher education. The immunity does not apply if the death or injury was caused by
a wilful or wanton act or omission of the person who donated or sold the commercial
equipment or technology.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB50, s. 1
4Section
1. 895.515 of the statutes is created to read:
SB50,1,6
5895.515 Liability exemption; equipment or technology donation. (1) 6In this section:
SB50,1,87
(a) "Commercial equipment or technology" means goods or related procedures
8used or bought for use primarily in a business, including farming and a profession.
SB50,1,119
(b) "Institution of higher education" means a center or institution within the
10University of Wisconsin System, a technical college or a private, nonprofit institution
11of higher education located in this state.
SB50,2,6
1(2) Any person engaged in the sale or use of commercial equipment or
2technology, for profit or not for profit, who donates or sells, at a price not to exceed
3overhead and transportation costs, any commercial equipment or technology to a
4public or private elementary or secondary school or an institution of higher education
5is immune from civil liability for the death of or injury to an individual caused by the
6commercial equipment or technology donated or sold by the person.
SB50,2,9
7(3) This section does not apply if the death or injury was caused by a wilful or
8wanton act or omission of the person who donated or sold the commercial equipment
9or technology.
SB50,2,12
11(1) This act first applies to commercial equipment or technology donated or
12sold on the effective date of this subsection.
