Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB67 Compare Versions

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

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1	1	2025 - 2026 LEGISLATURE
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4	4	2025 ASSEMBLY BILL 67
5	5	February 24, 2025 - Introduced by Representatives STEFFEN, ALLEN, ARMSTRONG,
6	6	DITTRICH, GOEBEN, GUNDRUM, KNODL, KREIBICH, MURPHY and SORTWELL,
7	7	cosponsored by Senators JAMES, NASS, TOMCZYK and WANGGAARD. Referred to
8	8	Committee on Judiciary.
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10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 801.50 (6) and 814.61 (2) (title); to create 753.067, 801.50
12	12	(4r) and 814.61 (2) (c) of the statutes; relating to: venue for actions in which
13	13	there is a governmental party.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill provides that when certain governmental parties are parties to or
16	16	intervene in an action filed in a county in which there is a first or second class city,
17	17	any party to the action may seek to have the clerk of the circuit court in which the
18	18	case has been filed assign venue at random. Under the bill, a governmental party
19	19	means 1) the legislature, either house of the legislature, or a committee of the
20	20	legislature or of either house of the legislature, or any member of the legislature
21	21	acting in his or her official capacity; 2) the elections commission or the ethics
22	22	commission, or any commissioner thereof, acting in his or her official capacity; or 3)
23	23	if acting in his or her official capacity, the governor, lieutenant governor, secretary
24	24	of state, state treasurer, attorney general, or superintendent of public instruction, a
25	25	secretary or deputy secretary of a department, a commissioner or deputy
26	26	commissioner of an independent agency, the president or vice president of the
27	27	United States, or any U.S. senator or representative in Congress from this state.
28	28	The bill provides that if an action is filed in a county in which there is a first or
29	29	second class city and a governmental party is a party to the action, including as an
30	30	intervenor, any party to the action has the option to elect random venue
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34	34	ASSEMBLY BILL 67
35	35	- 2 - LRB-0282/1
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37	37	SECTION 1
38	38	assignment. A plaintiff seeking to exercise the option for random venue assignment
39	39	must file a notice not later than five days after the summons and complaint are
40	40	filed. If the party seeking to exercise the option for random venue assignment is not
41	41	the plaintiff, that party must file notice not later than five days after the service of
42	42	a summons and complaint upon that party. In an action in which a governmental
43	43	party files a motion to intervene, the notice must be filed not later than five days
44	44	after that governmental party[s motion to intervene is granted.
45	45	Under the bill, upon receipt of a notice from a party seeking random venue
46	46	assignment, the clerk of the circuit court in which the case is filed must select a
47	47	circuit at random, excluding the circuit in which the case was originally filed, and
48	48	then assign the selected circuit as the venue for the case. The clerk of courts for the
49	49	county where the action was initially filed must notify the clerk of courts for the
50	50	county where the action is assigned of the venue assignment. The court to which
51	51	the action is assigned must then issue an order to notify the parties of the venue
52	52	assignment. If a case is assigned under the provisions of the bill, no party may seek
53	53	to exercise the random venue assignment option again in the case, and neither a
54	54	court, acting on its own, nor any party or intervenor may move for any subsequent
55	55	change of venue.
56	56	The people of the state of Wisconsin, represented in senate and assembly, do
57	57	enact as follows:
58	58	SECTION 1. 753.067 of the statutes is created to read:
59	59	753.067 Actions filed in a 1st or 2nd class city in which there is a
60	60	governmental party; venue. (1) Upon receiving notice under s. 801.50 (4r), the
61	61	clerk of the circuit court in which the action is filed shall select at random a circuit,
62	62	excluding the circuit in which the case has been filed, and assign the randomly
63	63	selected circuit as the venue for the matter. The clerk of courts for the county where
64	64	the action was initially filed shall notify the clerk of courts for the county where the
65	65	action is assigned under this section of the venue assignment. The court to which
66	66	the action is assigned shall then issue an order to notify the parties of the venue
67	67	assignment. The requirements under s. 801.61 shall apply to cases assigned under
68	68	this section.
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80	80	ASSEMBLY BILL 67
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83	83	SECTION 1
84	84	(2) Notwithstanding s. 801.52, once an action has been assigned under this
85	85	section, the assignment is conclusive. If an action has been assigned under this
86	86	section, no party may seek to exercise the random venue assignment option again in
87	87	the case, and neither a court, upon its own motion, nor any party or intervenor may
88	88	move for any subsequent change of venue.
89	89	SECTION 2. 801.50 (4r) of the statutes is created to read:
90	90	801.50 (4r) (a) In this subsection, Xgovernmental partyY means any of the
91	91	following:
92	92	1. The legislature, either house of the legislature, or a committee of the
93	93	legislature or of either house of the legislature, or any member of the legislature
94	94	acting in his or her official capacity.
95	95	2. The elections commission or the ethics commission, or any commissioner
96	96	thereof, acting in his or her official capacity.
97	97	3. Any of the following, acting in his or her official capacity:
98	98	a. The governor, lieutenant governor, secretary of state, state treasurer,
99	99	attorney general, or superintendent of public instruction, a secretary or deputy
100	100	secretary of a department, or a commissioner or deputy commissioner of an
101	101	independent agency.
102	102	b. The president or vice president of the United States, or any U.S. senator or
103	103	representative in Congress from this state.
104	104	(b) In any action in which a governmental party is a party, including as an
105	105	intervenor, and that is filed in a county in which there is a 1st or 2nd class city, any
106	106	party shall have the option to elect random venue assignment as described under s.
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130	130	ASSEMBLY BILL 67
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133	133	SECTION 2
134	134	753.067. Venue shall be as provided in s. 753.067 if any party to an action of the
135	135	type described in this paragraph notifies the clerk of the circuit court in which the
136	136	action has been filed in writing that the party seeks to exercise the option for
137	137	random venue assignment as follows:
138	138	1. If the party seeking to exercise the option for random venue assignment is
139	139	the plaintiff, not later than 5 days after the summons and complaint are filed, or, if
140	140	the party seeking to exercise the option for random venue assignment is not the
141	141	plaintiff, not later than 5 days after the service of a summons and complaint upon
142	142	that party.
143	143	2. In an action in which a governmental party files a motion to intervene, not
144	144	later than 5 days after that governmental party[s motion to intervene is granted.
145	145	SECTION 3. 801.50 (6) of the statutes is amended to read:
146	146	801.50 (6) Venue Except as provided under s. 753.067 (2), venue under this
147	147	section may be changed under s. 801.52.
148	148	SECTION 4. 814.61 (2) (title) of the statutes is amended to read:
149	149	814.61 (2) (title) CHANGE OF VENUE; RANDOM VENUE ASSIGNMENT.
150	150	SECTION 5. 814.61 (2) (c) of the statutes is created to read:
151	151	814.61 (2) (c) A fee as set forth in par. (a) if a party exercises the option under
152	152	s. 801.50 (4r) for random venue assignment.
153	153	(END)
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