SB 433

This bill changes the requirements for service of a notice of claim against a state

officer, employee, or agent. Under current law, with certain exceptions, in order to

bring an action against a state officer, employee, or agent, a person must serve on the

attorney general a written notice of claim within 120 days of the event causing the

injury, damage, or death. Current law requires that the notice be served upon the

attorney general at his or her office in the capitol by certified mail. In

Sorenson v.

Batchelder

, 2016 WI 34, 368 Wis. 2d 140, 885 N.W.2d 362, the Wisconsin Supreme

Court held that the notice of claim statute requires strict and literal compliance and

that, accordingly, under current law, a notice of claim against a state employee must

be served by certified mail upon the attorney general at his or her office at the capitol.

The court held that personal service does not comply with the requirements of the

statute because the statute requires service by certified mail. This bill changes the

requirements for service of a notice of claim against a state officer, employee, or agent

to allow personal service or service by certified mail upon the attorney general at the

attorney general's office either in the capitol or at the Department of Justice.