LRBs0149/1
RPN:jld:cph
2003 - 2004 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2003 ASSEMBLY BILL 38
August 22, 2003 - Offered by Representative Pettis.
AB38-ASA1,1,2
1An Act to create 895.523 of the statutes;
relating to: immunity of private
2campground owners, operators, employees, and agents.
Analysis by the Legislative Reference Bureau
Under this substitute amendment, the owner or operator of a private
campground, and the employees and agents of the owner or operator, are immune
from civil liability for damage to property or for the death or injury to a person that
occurs on the campground property under the following conditions:
1. The property damage, death, or injury was caused by the negligence or
intentional or malicious act of a person other than the owner, operator, employee, or
agent.
2. If the owner, operator, employee, or agent is found to be negligent, that
negligence is an act of omission.
3. The owner, operator, employee, or agent were not joint tortfeasors with any
other person with respect to the damage, death, or injury.
The immunity under the substitute amendment does not apply if a cause of the
damage, death, or injury was caused by an intentional or malicious act of the owner,
operator, employee, or agent, or by the malicious failure of the owner, operator,
employee, or agent to warn against the unsafe condition of the campground property,
of which the owner or operator knew.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB38-ASA1,2,2
2895.523 Liability exemption; private campgrounds. (1) In this section:
AB38-ASA1,2,53
(a) "Private campground" means a facility that is issued a campground permit
4under s. 254.47 and that is owned and operated by someone other than a public
5agency.
AB38-ASA1,2,66
(b) "Public agency" has the meaning given in s. 66.0825 (3) (h).
AB38-ASA1,2,13
7(2) The owner or operator of a private campground and the employees and
8agents of the owner or operator are immune from civil liability for damage to property
9or for the death of or injury to an individual that took place on the private
10campground property if the negligence or intentional or malicious act of a person
11other than the owner or operator of the campground or the employees and agents of
12the owner or operator was a cause of the damage, death, or injury and all of the
13following apply:
AB38-ASA1,2,1514
(a) If the owner or operator or the employees or agents of the owner or operator
15are found to be negligent, that negligence is an act of omission.
AB38-ASA1,2,1916
(b) The owner or operator or the employee or agent of the owner or operator are
17not joint tortfeasors with any person other than the owner or operator or the
18employees or agents of the owner or operator with respect to the damage, death, or
19injury.
AB38-ASA1,2,21
20(3) The immunity under sub. (2) does not apply if a cause of the damage, death,
21or injury is any of the following:
AB38-ASA1,3,2
1(a) An intentional or malicious act of the owner or operator or the employees
2or agents of the owner or operator.
AB38-ASA1,3,53
(b) The malicious failure of the owner or operator or the employee or agent of
4the owner or operator to warn against an unsafe condition on the campground
5property, of which the owner or operator knew.
AB38-ASA1,3,87
(1) This act first applies to acts or omissions that occur on the effective date of
8this subsection.
