LRB-2197/1
SWB:jld
2017 - 2018 LEGISLATURE
September 29, 2017 - Introduced by Representatives Tusler, Crowley, Murphy,
Horlacher, C. Taylor, Anderson, Berceau, Jacque, Kolste, Kremer, Pope,
Spiros, Spreitzer and Thiesfeldt, cosponsored by Senator Risser. Referred
to Committee on Judiciary.
AB519,1,2
1An Act to amend 893.82 (5) of the statutes;
relating to: service of notice of claim
2against state officer, employee, or agent.
Analysis by the 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 of the event causing the
injury, damage, or death. Current law requires that the notice be served upon the
attorney general 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, accordingly, under current law, a notice of claim against a state employee must
be served by certified mail upon the attorney general at his or her office at the capitol.
The court held that personal service does not comply with the requirements of the
statute because the statute requires service by certified mail. 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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB519,1
1Section
1. 893.82 (5) of the statutes is amended to read:
AB519,2,62
893.82
(5) The notice under sub. (3) shall be sworn to by the claimant and shall
3be served upon the attorney general at his or her office in the capitol
or at the
4department of justice by
personal service or by certified mail.
Notice If served by
5certified mail, notice shall be considered to be given upon mailing for the purpose of
6computing the time of giving notice.
