Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB75 Compare Versions

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

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1	1	2025 - 2026 LEGISLATURE
2	2	LRB-1911/1
3	3	SWB:skw
4	4	2025 SENATE BILL 75
5	5	February 26, 2025 - Introduced by Senators JAMES, NASS, TOMCZYK and
6	6	WANGGAARD, cosponsored by Representatives STEFFEN, ALLEN, ARMSTRONG,
7	7	DITTRICH, GOEBEN, GUNDRUM, KNODL, KREIBICH, MURPHY and SORTWELL.
8	8	Referred to Committee on Judiciary and Public Safety.
9	9	AN ACT to amend 801.50 (6) and 814.61 (2) (title); to create 753.067, 801.50
10	10	(4r) and 814.61 (2) (c) of the statutes; relating to: venue for actions in which
11	11	there is a governmental party.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill provides that when certain governmental parties are parties to or
14	14	intervene in an action filed in a county in which there is a first or second class city,
15	15	any party to the action may seek to have the clerk of the circuit court in which the
16	16	case has been filed assign venue at random. Under the bill, a governmental party
17	17	means 1) the legislature, either house of the legislature, or a committee of the
18	18	legislature or of either house of the legislature, or any member of the legislature
19	19	acting in his or her official capacity; 2) the elections commission or the ethics
20	20	commission, or any commissioner thereof, acting in his or her official capacity; or 3)
21	21	if acting in his or her official capacity, the governor, lieutenant governor, secretary
22	22	of state, state treasurer, attorney general, or superintendent of public instruction, a
23	23	secretary or deputy secretary of a department, a commissioner or deputy
24	24	commissioner of an independent agency, the president or vice president of the
25	25	United States, or any U.S. senator or representative in Congress from this state.
26	26	The bill provides that if an action is filed in a county in which there is a first or
27	27	second class city and a governmental party is a party to the action, including as an
28	28	intervenor, any party to the action has the option to elect random venue
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31	31	3 2025 - 2026 Legislature
32	32	SENATE BILL 75
33	33	- 2 - LRB-1911/1
34	34	SWB:skw
35	35	SECTION 1
36	36	assignment. A plaintiff seeking to exercise the option for random venue assignment
37	37	must file a notice not later than five days after the summons and complaint are
38	38	filed. If the party seeking to exercise the option for random venue assignment is not
39	39	the plaintiff, that party must file notice not later than five days after the service of
40	40	a summons and complaint upon that party. In an action in which a governmental
41	41	party files a motion to intervene, the notice must be filed not later than five days
42	42	after that governmental party[s motion to intervene is granted.
43	43	Under the bill, upon receipt of a notice from a party seeking random venue
44	44	assignment, the clerk of the circuit court in which the case is filed must select a
45	45	circuit at random, excluding the circuit in which the case was originally filed, and
46	46	then assign the selected circuit as the venue for the case. The clerk of courts for the
47	47	county where the action was initially filed must notify the clerk of courts for the
48	48	county where the action is assigned of the venue assignment. The court to which
49	49	the action is assigned must then issue an order to notify the parties of the venue
50	50	assignment. If a case is assigned under the provisions of the bill, no party may seek
51	51	to exercise the random venue assignment option again in the case, and neither a
52	52	court, acting on its own, nor any party or intervenor may move for any subsequent
53	53	change of venue.
54	54	The people of the state of Wisconsin, represented in senate and assembly, do
55	55	enact as follows:
56	56	SECTION 1. 753.067 of the statutes is created to read:
57	57	753.067 Actions filed in a 1st or 2nd class city in which there is a
58	58	governmental party; venue. (1) Upon receiving notice under s. 801.50 (4r), the
59	59	clerk of the circuit court in which the action is filed shall select at random a circuit,
60	60	excluding the circuit in which the case has been filed, and assign the randomly
61	61	selected circuit as the venue for the matter. The clerk of courts for the county where
62	62	the action was initially filed shall notify the clerk of courts for the county where the
63	63	action is assigned under this section of the venue assignment. The court to which
64	64	the action is assigned shall then issue an order to notify the parties of the venue
65	65	assignment. The requirements under s. 801.61 shall apply to cases assigned under
66	66	this section.
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77	77	11 2025 - 2026 Legislature
78	78	SENATE BILL 75
79	79	- 3 - LRB-1911/1
80	80	SWB:skw
81	81	SECTION 1
82	82	(2) Notwithstanding s. 801.52, once an action has been assigned under this
83	83	section, the assignment is conclusive. If an action has been assigned under this
84	84	section, no party may seek to exercise the random venue assignment option again in
85	85	the case, and neither a court, upon its own motion, nor any party or intervenor may
86	86	move for any subsequent change of venue.
87	87	SECTION 2. 801.50 (4r) of the statutes is created to read:
88	88	801.50 (4r) (a) In this subsection, Xgovernmental partyY means any of the
89	89	following:
90	90	1. The legislature, either house of the legislature, or a committee of the
91	91	legislature or of either house of the legislature, or any member of the legislature
92	92	acting in his or her official capacity.
93	93	2. The elections commission or the ethics commission, or any commissioner
94	94	thereof, acting in his or her official capacity.
95	95	3. Any of the following, acting in his or her official capacity:
96	96	a. The governor, lieutenant governor, secretary of state, state treasurer,
97	97	attorney general, or superintendent of public instruction, a secretary or deputy
98	98	secretary of a department, or a commissioner or deputy commissioner of an
99	99	independent agency.
100	100	b. The president or vice president of the United States, or any U.S. senator or
101	101	representative in Congress from this state.
102	102	(b) In any action in which a governmental party is a party, including as an
103	103	intervenor, and that is filed in a county in which there is a 1st or 2nd class city, any
104	104	party shall have the option to elect random venue assignment as described under s.
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127	127	23 2025 - 2026 Legislature
128	128	SENATE BILL 75
129	129	- 4 - LRB-1911/1
130	130	SWB:skw
131	131	SECTION 2
132	132	753.067. Venue shall be as provided in s. 753.067 if any party to an action of the
133	133	type described in this paragraph notifies the clerk of the circuit court in which the
134	134	action has been filed in writing that the party seeks to exercise the option for
135	135	random venue assignment as follows:
136	136	1. If the party seeking to exercise the option for random venue assignment is
137	137	the plaintiff, not later than 5 days after the summons and complaint are filed, or, if
138	138	the party seeking to exercise the option for random venue assignment is not the
139	139	plaintiff, not later than 5 days after the service of a summons and complaint upon
140	140	that party.
141	141	2. In an action in which a governmental party files a motion to intervene, not
142	142	later than 5 days after that governmental party[s motion to intervene is granted.
143	143	SECTION 3. 801.50 (6) of the statutes is amended to read:
144	144	801.50 (6) Venue Except as provided under s. 753.067 (2), venue under this
145	145	section may be changed under s. 801.52.
146	146	SECTION 4. 814.61 (2) (title) of the statutes is amended to read:
147	147	814.61 (2) (title) CHANGE OF VENUE; RANDOM VENUE ASSIGNMENT.
148	148	SECTION 5. 814.61 (2) (c) of the statutes is created to read:
149	149	814.61 (2) (c) A fee as set forth in par. (a) if a party exercises the option under
150	150	s. 801.50 (4r) for random venue assignment.
151	151	(END)
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