Senate Bill 125
Liability of cities, villages, towns, and counties for damages caused by an insufficiency or want of repair of a highway
Topics: Claims, County, Damage (to property), Municipality, Road: Construction and repair, Town, Village
Became law
The governor signed it on Mar 22, 2012. It's .
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Introduced, passed
Jun 10, 2011
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Committee, passed
Approved
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Senate vote, passed
Passed 21 to 11
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Assembly vote, passed
Passed Jan 26, 2012
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Governor, passed
Signed
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Law, here now
2011 Wisconsin Act 132
Latest entry in the official record, Mar 23, 2012: “Published 4-4-2012”
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Terms on this page
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
What it does
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Under current law, cities, villages, towns, and counties are immune from claims arising out of the performance of a discretionary duty, or duty that requires a governmental entity to use judgment or discretion in carrying out the duty. Cities, villages, towns, and counties are liable for damages of up to $50,000 arising out of the performance of a nondiscretionary duty.
Also under current law, cities, villages, towns, and counties are liable for damages of up to $50,000 to a person or property resulting from an insufficiency or want of repair of a highway, which includes shoulders, sidewalks, and bridges.
Read the full summary Show less
Cities, villages, towns, and counties are also liable for damages resulting from the accumulation of snow or ice that has existed on a highway for at least three weeks.
The Wisconsin Supreme Court in Morris v. Juneau County , 219 Wis. 2d 544 (1998), held that the statutory provision imposing liability on cities, villages, towns, and counties for highway defects is an exception to the more general provision granting immunity to cities, villages, towns, and counties from liability arising out of the performance of discretionary duties.
Finally, under current law, if the negligence or deliberate wrongdoing of a person contributes to the creation of a highway defect that results in damages to a person or property, the negligent or wrongdoing person is primarily liable and the city, village, town, or county is secondarily liable only if the negligent person or the person who committed the wrongdoing does not satisfy the judgment, and the city, village, town, or county is otherwise liable for the damages.
This bill eliminates the specific immunity exception under which cities, villages, towns, and counties may be held liable for an insufficiency or want of repairs of a highway. This bill does not affect the immunity exception under which cities, villages, towns, and counties may be held liable for damages of up to $50,000 for the accumulation of snow or ice that has existed on a highway for at least three weeks.
The bill also eliminates secondary liability for cities, villages, towns, and counties.
Who's behind it
4 senators are its . All 4 are Republicans.
11 more lawmakers .
See all 15 names Hide the names
Authors (4)
- Pam Galloway · Republican, Senate
- Glenn Grothman · Republican, Senate
- Frank G. Lasee · Republican, Senate
- Mary Lazich · Republican, Senate
Signed on in support (11)
- Kathleen Bernier · Republican, Senate
- Edward Brooks · Republican, Assembly
- André Jacque · Republican, Senate
- Dean Kaufert · Republican, Assembly
- Dean Knudson · Republican, Assembly
- Daniel LeMahieu · Republican, Assembly
- Michelle Litjens · Republican, Assembly
- Richard Spanbauer · Republican, Assembly
- Pat Strachota · Republican, Assembly
- Robin Vos · Republican, Assembly
- Chad Weininger · Republican, Assembly
What it would cost
State agencies filed a . Each opens as a PDF from the Legislature.
Versions and amendments
Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.
How lawmakers voted
There were 3 votes on this bill.
Senate Committee on Judiciary vote to recommend it
Passed, 3 to 2 · Nov 1, 2011
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report passage recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 3, Noes 2”. Official record · This vote on its own page
Senate vote to pass it
Passed, 21 to 11 · Nov 2, 2011 · 1 didn't vote
See how each of the 33 senators voted Hide the names
D: Democrat, R: Republican
Yes (21)
- Alberta Darling (R, 8)
- Dale Schultz (R, 17)
- Frank G. Lasee (R, 1)
- Glenn Grothman (R, 20)
- Jim Holperin (D, 12)
- Joe Leibham (R, 9)
- Julie M. Lassa (D, 24)
- Lena Taylor (D, 4)
- Luther S. Olsen (R, 14)
- Mary Lazich (R, 28)
- Michael Ellis (R, 19)
- Neal Kedzie (R, 11)
- Pam Galloway (R, 29)
- Rich Zipperer (R, 33)
- Rob Cowles (R, 2)
- Scott L. Fitzgerald (R, 13)
- Sheila Harsdorf (R, 10)
- Spencer Coggs (D, 6)
- Terry Moulton (R, 23)
- Timothy Cullen (D, 15)
- Van Wanggaard (R, 21)
No (11)
- Chris Larson (D, 7)
- Dave Hansen (D, 30)
- Fred A. Risser (D, 26)
- Jennifer Shilling (D, 32)
- Jessica King (D, 18)
- Jon Erpenbach (D, 27)
- Kathleen Vinehout (D, 31)
- Leah Vukmir (R, 5)
- Mark Miller (D, 16)
- Robert Jauch (D, 25)
- Tim Carpenter (D, 3)
Didn't vote (1)
- Bob Wirch (D, 22)
Official motion: “Read a third time and passed, Ayes 21, Noes 11”. Official record · This vote on its own page
Assembly vote on an amendment
Passed, 60 to 36 · Jan 26, 2012
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Assembly amendment 1 laid on table, Ayes 60, Noes 36”. Official record · This vote on its own page
What happened
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Mar 23, 2012
The new law was published.
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Mar 22, 2012
The governor signed it. It became 2011 Wisconsin Act 132.
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Mar 20, 2012
Sent to the governor.
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Jan 26, 2012
The Assembly passed it too.
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Dec 20, 2011
Sent to the Assembly Committee on Rules.
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Nov 7, 2011
The Assembly received it.
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Nov 2, 2011
The Senate passed it, 21 to 11.
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Nov 1, 2011
The committee voted to recommend passing it, 3 to 2.
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Oct 4, 2011
The committee held a public hearing.
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Jul 7, 2011
A state agency sent in its estimate of the cost.
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Jun 29, 2011
A state agency sent in its estimate of the cost.
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Jun 10, 2011
Sent to the Senate Committee on Judiciary, Utilities, Commerce, and Government Operations.
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Jun 10, 2011
Introduced in the Senate.
See the official record, word for word Hide the official record
- Jun 10, 2011 · Senate
Introduced by Senators Grothman, Galloway, Lasee and Lazich;Cosponsored by Representatives Jacque, Brooks, Bernier, Kaufert, Knudson, LeMahieu, Litjens, Spanbauer, Strachota, Vos and Weininger
- Jun 10, 2011 · Senate
Read first time and referred to committee on Judiciary, Utilities, Commerce, and Government Operations
- Jun 29, 2011 · Senate
Fiscal estimate received
- Jul 7, 2011 · Senate
Fiscal estimate received
- Oct 4, 2011 · Senate
Public hearing held
- Nov 1, 2011 · Senate
Executive action taken
- Nov 1, 2011 · Senate
Report passage recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 3, Noes 2
- Nov 1, 2011 · Senate
Available for scheduling
- Nov 1, 2011 · Senate
Placed on calendar 11-2-2011 pursuant to Senate Rule 18(1)
- Nov 2, 2011 · Senate
Read a second time
- Nov 2, 2011 · Senate
Ordered to a third reading
- Nov 2, 2011 · Senate
Rules suspended
- Nov 2, 2011 · Senate
Read a third time and passed, Ayes 21, Noes 11
- Nov 2, 2011 · Senate
Ordered immediately messaged
- Nov 7, 2011 · Assembly
Received from Senate
- Dec 20, 2011 · Assembly
Read first time and referred to committee on Rules
- Jan 24, 2012 · Assembly
Placed on calendar 1-26-2012 by committee on Rules
- Jan 26, 2012 · Assembly
Rules suspended to withdraw from calendar and take up
- Jan 26, 2012 · Assembly
Read a second time
- Jan 26, 2012 · Assembly
Assembly amendment 1 offered by Representatives Mason, Vruwink, Pasch, C. Taylor, Ringhand, Zamarripa, Doyle, Hulsey, Bernard Schaber, Danou, Sinicki, Zepnick, Kessler, Hebl, Pope-Roberts, Clark, Seidel, Roys, Barca, Molepske Jr, E. Coggs, Hintz, Bewley, Pocan, Billings, Richards and Jorgensen
- Jan 26, 2012 · Assembly
Assembly amendment 1 laid on table, Ayes 60, Noes 36
- Jan 26, 2012 · Assembly
Ordered to a third reading
- Jan 26, 2012 · Assembly
Rules suspended
- Jan 26, 2012 · Assembly
Read a third time and concurred in
- Jan 26, 2012 · Assembly
Ordered immediately messaged
- Jan 27, 2012 · Senate
Received from Assembly concurred in
- Feb 13, 2012 · Senate
Report correctly enrolled on 2-13-2012
- Mar 20, 2012 · Senate
Presented to the Governor on 3-20-2012
- Mar 22, 2012 · Senate
Report approved by the Governor on 3-21-2012. 2011 Wisconsin Act 132
- Mar 23, 2012 · Senate
Published 4-4-2012
Terms on this page
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote