| 1 | 1 | | 2025 - 2026 LEGISLATURE |
|---|
| 2 | 2 | | LRB-1971/1 |
|---|
| 3 | 3 | | JPC&SWB:amn |
|---|
| 4 | 4 | | 2025 SENATE BILL 226 |
|---|
| 5 | 5 | | April 25, 2025 - Introduced by Senators FEYEN, MARKLEIN and QUINN, cosponsored |
|---|
| 6 | 6 | | by Representatives DUCHOW, ALLEN, BROOKS, KREIBICH, MAXEY and |
|---|
| 7 | 7 | | O'CONNOR. Referred to Committee on Judiciary and Public Safety. |
|---|
| 8 | 8 | | AN ACT to create 801.50 (3c) and 801.50 (3g) of the statutes; relating to: |
|---|
| 9 | 9 | | determination of where a defendant resides or does substantial business for |
|---|
| 10 | 10 | | purposes of venue. |
|---|
| 11 | 11 | | Analysis by the Legislative Reference Bureau |
|---|
| 12 | 12 | | Under current law, with certain exceptions, venue in civil actions or special |
|---|
| 13 | 13 | | proceedings must be in either the county where the claim arose, the county where |
|---|
| 14 | 14 | | the real or tangible personal property, or some part thereof, which is the subject of |
|---|
| 15 | 15 | | the claim is situated, the county where a defendant resides or does substantial |
|---|
| 16 | 16 | | business, or, if none of the foregoing apply, in any county designated by the plaintiff. |
|---|
| 17 | 17 | | This bill provides that, for the purposes of determining whether a county is a proper |
|---|
| 18 | 18 | | venue based on where a defendant resides or does substantial business, a court may |
|---|
| 19 | 19 | | not consider the participation of a party joined to the civil action or special |
|---|
| 20 | 20 | | proceeding because their joinder is needed for just and complete adjudication, as |
|---|
| 21 | 21 | | provided under current law, or a party joined to the civil action or special |
|---|
| 22 | 22 | | proceeding whose joinder is permissive, as provided under current law. Further, |
|---|
| 23 | 23 | | this bill provides that, for the purposes of determining where a business entity |
|---|
| 24 | 24 | | resides or does substantial business, a business entity shall be deemed to reside in |
|---|
| 25 | 25 | | the place of incorporation or organization and shall be deemed to do substantial |
|---|
| 26 | 26 | | business only in the county of its principal place of business. |
|---|
| 27 | 27 | | 1 |
|---|
| 28 | 28 | | 2 |
|---|
| 29 | 29 | | 3 2025 - 2026 Legislature |
|---|
| 30 | 30 | | SENATE BILL 226 |
|---|
| 31 | 31 | | - 2 - LRB-1971/1 |
|---|
| 32 | 32 | | JPC&SWB:amn |
|---|
| 33 | 33 | | SECTION 1 |
|---|
| 34 | 34 | | The people of the state of Wisconsin, represented in senate and assembly, do |
|---|
| 35 | 35 | | enact as follows: |
|---|
| 36 | 36 | | SECTION 1. 801.50 (3c) of the statutes is created to read: |
|---|
| 37 | 37 | | 801.50 (3c) In determining whether a county is a proper venue under sub. (2) |
|---|
| 38 | 38 | | (c), the court may not consider the participation of any of the following: |
|---|
| 39 | 39 | | (a) A party joined to the civil action or special proceeding pursuant to s. |
|---|
| 40 | 40 | | 803.03. |
|---|
| 41 | 41 | | (b) An insurer joined to the civil action or special proceeding pursuant to s. |
|---|
| 42 | 42 | | 803.04. |
|---|
| 43 | 43 | | SECTION 2. 801.50 (3g) of the statutes is created to read: |
|---|
| 44 | 44 | | 801.50 (3g) For the purposes of sub. (2) (c), a corporation, limited liability |
|---|
| 45 | 45 | | company, or other business entity shall be deemed to reside in the place of |
|---|
| 46 | 46 | | incorporation or organization, and a corporation, limited liability company, or other |
|---|
| 47 | 47 | | business entity shall be deemed to be doing substantial business only in the county |
|---|
| 48 | 48 | | of its principal place of business. |
|---|
| 49 | 49 | | (END) |
|---|
| 50 | 50 | | 1 |
|---|
| 51 | 51 | | 2 |
|---|
| 52 | 52 | | 3 |
|---|
| 53 | 53 | | 4 |
|---|
| 54 | 54 | | 5 |
|---|
| 55 | 55 | | 6 |
|---|
| 56 | 56 | | 7 |
|---|
| 57 | 57 | | 8 |
|---|
| 58 | 58 | | 9 |
|---|
| 59 | 59 | | 10 |
|---|
| 60 | 60 | | 11 |
|---|
| 61 | 61 | | 12 |
|---|
| 62 | 62 | | 13 |
|---|
| 63 | 63 | | 14 |
|---|