LRBs0296/3
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1995 - 1996 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
To 1995 SENATE BILL 42
November 7, 1995 - Offered by
Committee on Judiciary.
SB42-SSA1,1,5
1An Act to amend 59.76 (1), 59.77 (1), 60.44 (1) (a), 60.44 (1) (b), 60.44 (3), 62.25
2(1), 88.145, 118.26, 119.68 (2), 198.12 (2), 893.80 (1) (intro.) and 893.80 (1) (b);
3and
to create 19.37 (1m), 19.97 (5), 893.80 (8) and 893.82 (8) of the statutes;
4relating to: claims against governmental bodies and their officers, employes
5and agents.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB42-SSA1,1,87
19.37
(1m) Notice of claim. Sections 893.80 and 893.82 do not apply to actions
8commenced under this section.
SB42-SSA1,1,1110
19.97
(5) Sections 893.80 and 893.82 do not apply to actions commenced under
11this section.
SB42-SSA1,2,3
159.76
(1) No action may be brought or maintained against a county upon a
2claim or cause of action unless the claimant complies with s. 893.80.
This subsection
3does not apply to actions commenced under s. 19.37 or 19.97.
SB42-SSA1,2,95
59.77
(1) In general. Every person, except jurors, witnesses and interpreters,
6and except physicians or other persons entitled to receive from the county fees for
7reporting to the register of deeds births or deaths, which have occurred under their
8care, having any claim against any county shall comply with s. 893.80.
This
9subsection does not apply to actions commenced under s. 19.37 or 19.97.
SB42-SSA1, s. 5
10Section
5. 60.44 (1) (a) of the statutes is amended to read:
SB42-SSA1,2,1411
60.44
(1) (a) Claims for money against a town or against officers, officials,
12agents or employes of the town arising out of acts done in their official capacity shall
13be filed with the town clerk as provided under s. 893.80 (1) (b).
This paragraph does
14not apply to actions commenced under s. 19.37 or 19.97.
SB42-SSA1, s. 6
15Section
6. 60.44 (1) (b) of the statutes is amended to read:
SB42-SSA1,2,1716
60.44
(1) (b) The town board shall allow or disallow the claim. Notice of
17disallowance shall be made as provided under s. 893.80
(1) (b) (1g).
SB42-SSA1,2,2319
60.44
(3) Court actions to recover claims. Subsection (2), or an ordinance
20adopted under that subsection, does not affect the applicability of s. 893.80. No
21action may be brought or maintained against a town upon a claim unless the
22claimant complies with s. 893.80.
This subsection does not apply to actions
23commenced under s. 19.37 or 19.97.
SB42-SSA1,3,3
162.25
(1) Claims. No action may be brought or maintained against a city upon
2a claim or cause of action unless the claimant complies with s. 893.80.
This
3subsection does not apply to actions commenced under s. 19.37 or 19.97.
SB42-SSA1,3,12
588.145 Limitation of damages and suits. In any action against a drainage
6district, drainage board, drainage board member, drainage board employe or an
7owner of land within the district who undertakes work approved by the drainage
8board, s. 893.80 is applicable and the limit on the amount recoverable by any person
9under s. 893.80 (3) applies to the drainage board, the members and employes of the
10drainage board, the drainage district and any owner of land within the district who
11undertakes work approved by the drainage board.
This section does not apply to
12actions commenced under s. 19.37 or 19.97.
SB42-SSA1,3,17
14118.26 Claim against school district. No action may be brought or
15maintained against a school district upon a claim or cause of action unless the
16claimant complies with s. 893.80.
This section does not apply to actions commenced
17under s. 19.37 or 19.97.
SB42-SSA1,3,2119
119.68
(2) No action may be brought or maintained against the school upon a
20claim or cause of action unless the claimant complies with s. 893.80.
This subsection
21does not apply to actions commenced under s. 19.37 or 19.97.
SB42-SSA1,4,623
198.12
(2) Service of process on, personal injury claims, venue. The district
24shall sue or be sued in its corporate name and service of process upon the district
25shall be by service upon the chairperson of the board and the clerk of the district, but
1no action shall be brought or maintained against a district upon a claim or cause of
2action unless the claimant complies with s. 893.80.
Compliance with s. 893.80 is not
3required under this subsection in actions commenced under s. 19.37 or 19.97. All
4actions by or against the district, except condemnation proceedings and actions to
5which the state or any officer or commission thereof is a party, shall be brought in
6the circuit court for the county in which its principal administrative office is located.
SB42-SSA1, s. 13
7Section
13. 893.80 (1) (intro.) of the statutes is amended to read:
SB42-SSA1,4,138
893.80
(1) (intro.) Except as provided in subs.
(1g), (1m)
and, (1p)
and (8), no
9action may be brought or maintained against any volunteer fire company organized
10under ch. 213, political corporation, governmental subdivision or agency thereof nor
11against any officer, official, agent or employe of the corporation, subdivision or
12agency for acts done in their official capacity or in the course of their agency or
13employment upon a claim or cause of action unless:
SB42-SSA1, s. 14
14Section
14. 893.80 (1) (b) of the statutes is amended to read:
SB42-SSA1,4,1915
893.80
(1) (b) A claim containing the address of the claimant and an itemized
16statement of the relief sought is presented to the appropriate clerk or person who
17performs the duties of a clerk or secretary for the defendant fire company,
18corporation, subdivision or agency and the claim is disallowed.
Failure of the
19appropriate body to disallow within 120 days after presentation is a disallowance.
SB42-SSA1,5,3
20(1g) Notice of disallowance
of the claim submitted under sub. (1) shall be
21served on the claimant by registered or certified mail and the receipt therefor, signed
22by the claimant, or the returned registered letter, shall be proof of service.
Failure
23of the appropriate body to disallow a claim within 120 days after presentation of the
24written notice of the claim is a disallowance. No action on a claim
under this section 25against any defendant fire company, corporation, subdivision or agency nor against
1any defendant officer, official, agent or employe, may be brought after 6 months from
2the date of service of the notice
of disallowance, and the notice
of disallowance shall
3contain a statement to that effect.
SB42-SSA1,5,65
893.80
(8) This section does not apply to actions commenced under s. 19.37 or
619.97.
SB42-SSA1,5,98
893.82
(8) This section does not apply to actions commenced under s. 19.37 or
919.97.
SB42-SSA1,5,12
11(1) This act first applies to actions arising against governmental bodies,
12officers, agents or employes on the effective date of this subsection.
