Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB128 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 128
5	5	March 24, 2023 - Introduced by Representatives STEFFEN, ALLEN, ARMSTRONG,
6	6	BEHNKE, DONOVAN, EDMING, HURD, KITCHENS, MACCO, MOSES, MURPHY,
7	7	RETTINGER, ROZAR and SORTWELL, cosponsored by Senators JAMES, COWLES,
8	8	MARKLEIN, QUINN and STROEBEL. Referred to Committee on Judiciary.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 751.037 and 801.50 (4r) of the statutes; relating to: venue for
11	11	actions in which the legislature is a party.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill provides that when the legislature is a party to an action, the
14	14	Wisconsin Supreme Court will assign venue at random. Under the bill, if an action
15	15	is filed in which the legislature is a party, the clerk of courts for the county in which
16	16	that action has been filed must notify the clerk of the supreme court within five days.
17	17	Upon receipt of the notice, the supreme court must select at random a judicial circuit
18	18	and then assign that circuit as the venue for the case. The clerk of the supreme court
19	19	must then notify both the clerk of courts for the county in which the case was initially
20	20	filed and the clerk of courts for the county where the action is assigned, and the case
21	21	will be treated as if it was filed in the judicial circuit assigned by the supreme court.
22	22	Under the bill, neither a court, acting on its own, nor a party may move for a change
23	23	of venue once the case has been assigned to a judicial circuit.
24	24	The people of the state of Wisconsin, represented in senate and assembly, do
25	25	enact as follows:
26	26	SECTION 1. 751.037 of the statutes is created to read:
27	27	751.037 Assignment when the legislature is a party. (1) Upon receiving
28	28	notice under s. 801.50 (4r), the supreme court shall select at random a judicial circuit
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33	33	5 - 2 -2023 - 2024 Legislature LRB-1227/1
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35	35	SECTION 1 ASSEMBLY BILL 128
36	36	and assign that circuit as the venue for the matter indicated in the notice. The clerk
37	37	of the supreme court shall notify the clerk of courts for the county where the action
38	38	indicated in the notice was initially filed and the clerk of courts for the county where
39	39	the action has been assigned under this section, and the action shall be treated as
40	40	if it was filed in the judicial circuit assigned by the supreme court.
41	41	(2) Notwithstanding s. 801.52, neither a court, upon its own motion, nor a party
42	42	may move for a change of venue after the case has been assigned under this section.
43	43	SECTION 2. 801.50 (4r) of the statutes is created to read:
44	44	801.50 (4r) In any action in which the legislature is a party, venue shall be as
45	45	provided in s. 751.037. Not more than 5 days after an action in which the legislature
46	46	is a party is filed, the clerk of courts for the county where the action is filed shall notify
47	47	the clerk of the supreme court of the filing.
48	48	(END)
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