2019 - 2020 LEGISLATURE
March 7, 2019 - Introduced by Representatives Tusler, C. Taylor, Brooks,
Horlacher, Kulp, Ramthun, Rohrkaste, Spiros, Spreitzer and Vruwink,
cosponsored by Senators Risser, Stroebel, Jacque, Marklein, Nass and
Olsen. Referred to Committee on Judiciary.
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 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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
893.82 (5) of the statutes is amended to read:
The notice under sub. (3) shall be sworn to by the claimant and shall 5
be served upon the attorney general at his or her office in the capitol
or at the
1department of justice
by personal service or by
certified mail. Notice If served by
2certified mail, notice
shall be considered to be given upon mailing for the purpose of 3
computing the time of giving notice.