Bills · 2019-2020 Regular Session

AB 58

Became law Official bill text Atom feed

Relating to: service of notice of claim against state officer, employee, or agent.

Attorney general Claims Service of process and papers

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

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

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 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 personal service of a notice of claim

does not comply with the statute. 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.

Votes

Assembly: Report passage recommended by Committee on Judiciary, Ayes 9, Noes 0

Passed 9–0 May 8, 2019 official source full page

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

Senate: Report concurrence recommended by Committee on Insurance, Financial Services, Government Oversight and Courts, Ayes 5, Noes 0

Passed 5–0 Sep 19, 2019 official source full page