State of Illinois
91^st General Assembly
Public Acts

Public Act 91-0428

HB1163 Enrolled                                LRB9102306RCdv

    AN ACT to amend the Oil Spill Responders Liability Act by
changing Section 10.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Oil  Spill Responders Liability Act is
amended by changing Section 10 as follows:

    (740 ILCS 113/10)
    Sec. 10. Liability of oil spill responders.
    (a)  Notwithstanding any other provision of law, a person
is not liable for removal costs or damages that  result  from
action  taken  or  omitted  to  be  taken  in  the  course of
rendering  care,  assistance,  or  advice  responding  to  an
emergency request consistent with  the  National  Contingency
Plan  or  as  otherwise  directed  by  the  federal  on-scene
coordinator  or by the State official with responsibility for
oil spill response.
    (b)  Subsection (a) does not apply:
         (1)  to a responsible party;
         (2)  with respect to  personal  injury  or  wrongful
    death; or
         (3)  if  the  person is grossly negligent or engages
    in reckless, wilful, wanton, or intentional misconduct.
    (c)  A responsible party is liable for removal costs  and
damages  that  another person is relieved of under subsection
(a).
    (d)  A responsible party is liable  for  any  damages  or
removal  costs,  whether present or future, resulting from or
arising out of any discharge, as defined in Section 5.
    (e)  Nothing in this Section affects the liability  of  a
responsible party for oil spill response under State law.
(Source: P.A. 88-521.)
    Section  99.  Effective date.  This Act takes effect upon
becoming law.