Bills · 2019-2020 Regular Session
Relating to: service of notice of claim against state officer, employee, or agent.
Attorney general Claims Service of process and papers
- Introduced, stopped here
- Passes Senate, not reached
- Passes Assembly, not reached
- Governor signs, not reached
- 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
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 pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Full history
- 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
- Mar 1, 2019 · Senate
Read first time and referred to Committee on Insurance, Financial Services, Government Oversight and Courts
- Jul 16, 2019 · Senate
Public hearing held
- Sep 19, 2019 · Senate
Executive action taken
- Sep 19, 2019 · Senate
Report passage recommended by Committee on Insurance, Financial Services, Government Oversight and Courts, Ayes 5, Noes 0
- Sep 19, 2019 · Senate
Available for scheduling
- Apr 1, 2020 · Senate
Failed to pass pursuant to Senate Joint Resolution 1