Bills · Sep 2011 Special Session

SB 22

Became law Official bill text Atom feed

the duty of care owed to trespassers.

Introduced, completed
Passes Senate, completed
Passes Assembly, completed
Governor signs, completed
Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

This bill sets forth limits on the civil liability of private property owners to

trespassers. Under the bill, a private property owner, including a lawful tenant or

other occupant of private property, owes no duty of care to a trespasser on his or her

property and may not be found liable for an act or omission relating to a condition

on his or her property that causes injury or death to a trespasser, except under

certain circumstances. The bill defines a trespasser as anyone who enters onto

private property without the express or implied consent of the property owner and

sets forth criteria for determining whether the owner gave implied consent to enter

onto the property.

Under the bill, a private property owner may be liable for injuries that he or she

intentionally causes to a trespasser, unless the private property owner was acting

reasonably in self-defense or in the defense of another.

Under the bill, a private property owner may, under certain circumstances, be

liable for injuries to a trespasser who is a child. Liability may attach if the child was

injured because of an artificial condition on the property that the owner knew or

should have known was unreasonably dangerous and knew or should have known

a child was likely to trespass near and if other factors indicate that the owner acted

unreasonably in failing to prevent harm to the child.

Votes

Senate: Report adoption of Senate Substitute Amendment 1 recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 5, Noes 0

Passed 5–0 Nov 1, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Read a third time and concurred in, Ayes 80, Noes 15, Paired 2

Passed 80–15 Nov 3, 2011 official source full page

Aye · 80

Nay · 15

Not voting · 1

Cory Mason (66)

Full history

Oct 18, 2011 · Senate
Introduced by committee on Senate Organization, by request of Governor Scott Walker, Senator Galloway, and Representative Kuglitsch
Oct 18, 2011 · Senate
Read first time and referred to committee on Judiciary, Utilities, Commerce, and Government Operations
Oct 18, 2011 · Senate
Senator Galloway added as a coauthor
Oct 18, 2011 · Senate
Representative Kuglitsch added as a cosponsor
Oct 18, 2011 · Senate
Senator Zipperer added as a coauthor
Oct 18, 2011 · Senate
Representatives Williams, Farrow and August added as a cosponsors
Oct 26, 2011 · Senate
Public hearing held
Oct 28, 2011 · Senate
Senate substitute amendment 1 offered by Senators Galloway and Zipperer
Nov 1, 2011 · Senate
Report passage as amended recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 5, Noes 0
Nov 1, 2011 · Senate
Available for scheduling
Nov 1, 2011 · Senate
Placed on calendar 11-2-2011 pursuant to Senate Rule 18(1)
Nov 1, 2011 · Senate
Executive action taken
Nov 1, 2011 · Senate
Report adoption of Senate Substitute Amendment 1 recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 5, Noes 0
Nov 2, 2011 · Senate
Read a second time
Nov 2, 2011 · Senate
Senate substitute amendment 1 adopted
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
Nov 2, 2011 · Senate
Ordered immediately messaged
Nov 3, 2011 · Assembly
Received from Senate
Nov 3, 2011 · Assembly
Read first time and referred to calendar 11-3-2011 pursuant to Assembly Rule 93
Nov 3, 2011 · Assembly
Rules suspended to withdraw from calendar and take up
Nov 3, 2011 · Assembly
Read a second time
Nov 3, 2011 · Assembly
Ordered to a third reading
Nov 3, 2011 · Assembly
Rules suspended
Nov 3, 2011 · Assembly
Read a third time and concurred in, Ayes 80, Noes 15, Paired 2
Nov 3, 2011 · Assembly
Ordered immediately messaged
Nov 4, 2011 · Senate
Received from Assembly concurred in
Nov 9, 2011 · Senate
Report correctly enrolled on 11-9-2011
Dec 6, 2011 · Senate
Presented to the Governor on 12-5-2011
Dec 8, 2011 · Senate
Report approved by the Governor on 12-7-2011. 2011 Wisconsin Act 93
Dec 12, 2011 · Senate
Published 12-20-2011