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2015 - 2016 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO ASSEMBLY BILL 174
January 12, 2016 - Offered by Representative Kitchens.
AB174-ASA2,1,2 1An Act to amend 895.519 (1) (a); and to create 895.519 of the statutes; relating
2to:
immunity of private campgrounds.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB174-ASA2,1 3Section 1. 895.519 of the statutes is created to read:
AB174-ASA2,1,5 4895.519 Civil liability exemption; private campgrounds. (1) In this
5section:
AB174-ASA2,1,86 (a) "Private campground" means a facility that is issued a campground permit
7under s. 254.47 and that is owned and operated by a private property owner, as
8defined in s. 895.52 (1) (e).
AB174-ASA2,1,109 (b) "Inherent risk of camping" means a danger or condition that is an integral
10part of camping, including dangers posed by any of the following:
AB174-ASA2,1,1211 1. Features of the natural world, such as trees, tree stumps, roots, brush, rocks,
12mud, sand, and soil.
AB174-ASA2,2,1
12. Uneven or unpredictable terrain.
AB174-ASA2,2,22 3. Natural bodies of water.
AB174-ASA2,2,43 4. Another camper or visitor at the private campground acting in a negligent
4manner.
AB174-ASA2,2,55 5. A lack of lighting, including lighting at campsites.
AB174-ASA2,2,66 6. Campfires in a fire pit or enclosure provided by the campground.
AB174-ASA2,2,77 7. Weather.
AB174-ASA2,2,88 8. Insects, birds, and other wildlife.
AB174-ASA2,2,13 9(2) Except as provided in sub. (3), a private campground, an owner or operator
10of a private campground, and any employees and officers of a private campground
11or private campground owner or operator are immune from civil liability for acts or
12omissions related to camping at a private campground if a person is injured or killed,
13or property is damaged, as a result of an inherent risk of camping.
AB174-ASA2,2,15 14(3) The immunity of sub. (2) does not apply if the person seeking immunity does
15any of the following:
AB174-ASA2,2,1616 (a) Intentionally causes the injury, death, or property damage.
AB174-ASA2,2,1917 (b) Acts with a willful or wanton disregard for the safety of the party or the
18property damaged. In this paragraph, "willful or wanton disregard" means conduct
19committed with an intentional or reckless disregard for the safety of others.
AB174-ASA2,2,2220 (c) Fails to conspicuously post warning signs of a dangerous inconspicuous
21condition known to him or her on the property that he or she owns, leases, rents, or
22is otherwise in lawful control of or possession.
AB174-ASA2,2,23 23(4) This section does not limit the immunity created under s. 895.52.
AB174-ASA2,2,25 24(5) Nothing in this section affects the assumption of risk under s. 895.525 by
25a person participating in a recreational activity including camping.
AB174-ASA2,2
1Section 2. 895.519 (1) (a) of the statutes, as created by 2015 Wisconsin Act ....
2(this act), is amended to read:
AB174-ASA2,3,53 895.519 (1) (a) "Private campground" means a facility that is issued a
4campground permit license under s. 254.47 97.67 and that is owned and operated by
5a private property owner, as defined in s. 895.52 (1) (e).
AB174-ASA2,3 6Section 3. Initial applicability.
AB174-ASA2,3,87 (1) This act first applies to acts or omissions that occur on the effective date of
8this subsection.
AB174-ASA2,4 9Section 4. Effective dates. This act takes effect on the day after publication,
10except as follows:
AB174-ASA2,3,1211 (1) The amendment of section 895.519 (1) (a) of the statutes takes effect on July
121, 2016.
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