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Bills · 2019-2020 Regular Session

SB 62

Died at session end 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

  1. Introduced, stopped here
  2. Passes Senate, not reached
  3. Passes Assembly, not reached
  4. Governor signs, not reached
  5. Law, not reached

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.

Sponsors

Introduced by: Jacque (R) , Marklein (R) , Nass (R) , Olsen (R) , Risser (D) , Stroebel (R)

10 cosponsors

Brooks (R) , C. Taylor (D) , Horlacher (R) , Kulp (R) , Ramthun (R) , Rohrkaste (R) , Spiros (R) , Spreitzer (D) , Tusler (R) , Vruwink (D)

Votes

Senate: Report passage 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

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

Full history

  1. Mar 1, 2019 · Senate

    Introduced by Senators Risser, Stroebel, Jacque, Marklein, Nass and Olsen; cosponsored by Representatives Tusler, C. Taylor, Brooks, Horlacher, Kulp, Ramthun, Rohrkaste, Spiros, Spreitzer and Vruwink

  2. Mar 1, 2019 · Senate

    Read first time and referred to Committee on Insurance, Financial Services, Government Oversight and Courts

  3. Jul 16, 2019 · Senate

    Public hearing held

  4. Sep 19, 2019 · Senate

    Executive action taken

  5. Sep 19, 2019 · Senate

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

  6. Sep 19, 2019 · Senate

    Available for scheduling

  7. Apr 1, 2020 · Senate

    Failed to pass pursuant to Senate Joint Resolution 1