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91_HB1163eng HB1163 Engrossed LRB9102306RCdv 1 AN ACT to amend the Oil Spill Responders Liability Act by 2 changing Section 10. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Oil Spill Responders Liability Act is 6 amended by changing Section 10 as follows: 7 (740 ILCS 113/10) 8 Sec. 10. Liability of oil spill responders. 9 (a) Notwithstanding any other provision of law, a person 10 is not liable for removal costs or damages that result from 11 action taken or omitted to be taken in the course of 12 rendering care, assistance, or adviceresponding to an13emergency requestconsistent with the National Contingency 14 Plan or as otherwise directed by the federal on-scene 15 coordinator or by the State official with responsibility for 16 oil spill response. 17 (b) Subsection (a) does not apply: 18 (1) to a responsible party; 19 (2) with respect to personal injury or wrongful 20 death; or 21 (3) if the person is grossly negligent or engages 22 in reckless, wilful, wanton, or intentional misconduct. 23 (c) A responsible party is liable for removal costs and 24 damages that another person is relieved of under subsection 25 (a). 26 (d) A responsible party is liable for any damages or 27 removal costs, whether present or future, resulting from or 28 arising out of any discharge, as defined in Section 5. 29 (e) Nothing in this Section affects the liability of a 30 responsible party for oil spill response under State law. 31 (Source: P.A. 88-521.) HB1163 Engrossed -2- LRB9102306RCdv 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.