2017 - 2018 LEGISLATURE
March 2, 2017 - Introduced by Senator Carpenter, cosponsored by Representatives
Zepnick, C. Taylor, Berceau, Sargent, Anderson, Spreitzer and Sinicki.
Referred to Committee on Government Operations, Technology and
1An Act to renumber
893.83; to amend
893.83 (title); and to create
893.83 (2m) 2
of the statutes; relating to: state liability for damages caused by an
3insufficiency or want of repair of a state highway.
Analysis by the Legislative Reference Bureau
This bill creates a specific immunity exception under which the state may be
held liable for damages occurring as a result of an insufficiency or want of repairs of
a state highway. Under current law, the state is responsible for maintaining the
state's highways. This bill provides that the state is liable for damages of up to
$50,000 to a person or property resulting from an insufficiency or want of repair of
a highway, which includes shoulders, sidewalks, and bridges.
Current law also provides that cities, villages, towns, and counties are liable for
damages resulting from the accumulation of snow or ice that has existed on a
highway for at least three weeks. This bill does not affect that immunity exception.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
893.83 (title) of the statutes is amended to read:
(title) Damages caused by accumulation of snow or ice highway
2defects; liability of city, village, town, and county.
893.83 of the statutes is renumbered 893.83 (1).
893.83 (2m) of the statutes is created to read:
If damages happen to any person or his or her property by reason 6
of the insufficiency or want of repairs of any state highway, the person sustaining the 7
damages has the right to recover the damages from the state. The amount 8
recoverable by any person for any damages described under this subsection may not 9
exceed $50,000. Any action brought under this subsection is subject to the 10
procedures in s. 893.80.
(1) This act first applies to damages occurring on the effective date of this 13