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Bills from the 2011–12 session

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 ⁠.

  1. Introduced, passed

    Jun 10, 2011

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed 21 to 11

  4. Assembly vote, passed

    Passed Jan 26, 2012

  5. Governor, passed

    Signed

  6. Law, here now

    2011 Wisconsin Act 132

Latest entry in the official record, Mar 23, 2012: “Published 4-4-2012”

Read the bill

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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

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

Authors (4)

Signed on in support (11)

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

D: Democrat, R: Republican

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

  1. Mar 23, 2012

    The new law was published.

  2. Mar 22, 2012

    The governor signed it. It became 2011 Wisconsin Act 132.

  3. Mar 20, 2012

    Sent to the governor.

  4. Jan 26, 2012

    The Assembly passed it too.

  5. Dec 20, 2011

    Sent to the Assembly Committee on Rules.

  6. Nov 7, 2011

    The Assembly received it.

  7. Nov 2, 2011

    The Senate passed it, 21 to 11.

  8. Nov 1, 2011

    The committee voted to recommend passing it, 3 to 2.

  9. Oct 4, 2011

    The committee held a public hearing.

  10. Jul 7, 2011

    A state agency sent in its estimate of the cost.

  11. Jun 29, 2011

    A state agency sent in its estimate of the cost.

  12. Jun 10, 2011

    Sent to the Senate Committee on Judiciary, Utilities, Commerce, and Government Operations.

  13. Jun 10, 2011

    Introduced in the Senate.

See the official record, word for word
  1. 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

  2. Jun 10, 2011 · Senate

    Read first time and referred to committee on Judiciary, Utilities, Commerce, and Government Operations

  3. Jun 29, 2011 · Senate

    Fiscal estimate received

  4. Jul 7, 2011 · Senate

    Fiscal estimate received

  5. Oct 4, 2011 · Senate

    Public hearing held

  6. Nov 1, 2011 · Senate

    Executive action taken

  7. Nov 1, 2011 · Senate

    Report passage recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 3, Noes 2

  8. Nov 1, 2011 · Senate

    Available for scheduling

  9. Nov 1, 2011 · Senate

    Placed on calendar 11-2-2011 pursuant to Senate Rule 18(1)

  10. Nov 2, 2011 · Senate

    Read a second time

  11. Nov 2, 2011 · Senate

    Ordered to a third reading

  12. Nov 2, 2011 · Senate

    Rules suspended

  13. Nov 2, 2011 · Senate

    Read a third time and passed, Ayes 21, Noes 11

  14. Nov 2, 2011 · Senate

    Ordered immediately messaged

  15. Nov 7, 2011 · Assembly

    Received from Senate

  16. Dec 20, 2011 · Assembly

    Read first time and referred to committee on Rules

  17. Jan 24, 2012 · Assembly

    Placed on calendar 1-26-2012 by committee on Rules

  18. Jan 26, 2012 · Assembly

    Rules suspended to withdraw from calendar and take up

  19. Jan 26, 2012 · Assembly

    Read a second time

  20. 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

  21. Jan 26, 2012 · Assembly

    Assembly amendment 1 laid on table, Ayes 60, Noes 36

  22. Jan 26, 2012 · Assembly

    Ordered to a third reading

  23. Jan 26, 2012 · Assembly

    Rules suspended

  24. Jan 26, 2012 · Assembly

    Read a third time and concurred in

  25. Jan 26, 2012 · Assembly

    Ordered immediately messaged

  26. Jan 27, 2012 · Senate

    Received from Assembly concurred in

  27. Feb 13, 2012 · Senate

    Report correctly enrolled on 2-13-2012

  28. Mar 20, 2012 · Senate

    Presented to the Governor on 3-20-2012

  29. Mar 22, 2012 · Senate

    Report approved by the Governor on 3-21-2012. 2011 Wisconsin Act 132

  30. 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

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

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