LRBs0567/1
RPN:lmk:pg
2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 958
February 22, 2006 - Offered by Committee on Housing.
AB958-ASA1,1,2 1An Act to amend 166.03 (10) of the statutes; relating to: civil immunity for
2persons who provide assistance during an emergency.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB958-ASA1, s. 1 3Section 1. 166.03 (10) of the statutes is amended to read:
AB958-ASA1,2,74 166.03 (10) Exemption from liability. No person who provides equipment,
5materials, facilities, labor,
or services under the direction of the governor, the
6adjutant general, the governing body, the chief or acting chief executive officer, or the
7head of emergency management services in any county, town, municipality , or
8federally recognized American Indian tribe or band in this state, the department of
9health and family services if that department is designated by the governor under
10s. 166.03 (1) (b) 1., or a local health department acting under s. 251.05 (3) (e) during
11a state of emergency declared by the governor or in response to enemy action, a
12natural or man-made disaster, or a federally declared state or emergency
is liable

1for the death of or injury to any person or damage to any property caused by his or
2her actions, except where the trier of fact finds that the person acted intentionally
3or with gross negligence
person's act or omission involved reckless, wanton, or
4intentional misconduct
. This subsection does not affect the right of any person to
5receive benefits to which he or she would otherwise would be entitled under the
6worker's compensation law or under any pension law, nor does it affect entitlement
7to any other benefits or compensation authorized by state or federal law.
AB958-ASA1, s. 2 8Section 2. Initial applicability.
AB958-ASA1,2,109 (1) This act first applies to acts or omissions that occur on the effective date of
10this subsection.
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