February 24, 2025 - Introduced by Representatives Steffen, Allen, Armstrong, Dittrich, Goeben, Gundrum, Knodl, Kreibich, Murphy and Sortwell, cosponsored by Senators James, Nass, Tomczyk and Wanggaard. Referred to Committee on Judiciary.
AB67,1,3
1An Act to amend 801.50 (6) and 814.61 (2) (title); to create 753.067, 801.50 2(4r) and 814.61 (2) (c) of the statutes; relating to: venue for actions in which
3there is a governmental party. Analysis by the Legislative Reference Bureau
This bill provides that when certain governmental parties are parties to or intervene in an action filed in a county in which there is a first or second class city, any party to the action may seek to have the clerk of the circuit court in which the case has been filed assign venue at random. Under the bill, a governmental party means 1) the legislature, either house of the legislature, or a committee of the legislature or of either house of the legislature, or any member of the legislature acting in his or her official capacity; 2) the elections commission or the ethics commission, or any commissioner thereof, acting in his or her official capacity; or 3) if acting in his or her official capacity, the governor, lieutenant governor, secretary of state, state treasurer, attorney general, or superintendent of public instruction, a secretary or deputy secretary of a department, a commissioner or deputy commissioner of an independent agency, the president or vice president of the United States, or any U.S. senator or representative in Congress from this state.
The bill provides that if an action is filed in a county in which there is a first or second class city and a governmental party is a party to the action, including as an intervenor, any party to the action has the option to elect random venue assignment. A plaintiff seeking to exercise the option for random venue assignment must file a notice not later than five days after the summons and complaint are filed. If the party seeking to exercise the option for random venue assignment is not the plaintiff, that party must file notice not later than five days after the service of a summons and complaint upon that party. In an action in which a governmental party files a motion to intervene, the notice must be filed not later than five days after that governmental party’s motion to intervene is granted.
Under the bill, upon receipt of a notice from a party seeking random venue assignment, the clerk of the circuit court in which the case is filed must select a circuit at random, excluding the circuit in which the case was originally filed, and then assign the selected circuit as the venue for the case. The clerk of courts for the county where the action was initially filed must notify the clerk of courts for the county where the action is assigned of the venue assignment. The court to which the action is assigned must then issue an order to notify the parties of the venue assignment. If a case is assigned under the provisions of the bill, no party may seek to exercise the random venue assignment option again in the case, and neither a court, acting on its own, nor any party or intervenor may move for any subsequent change of venue.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB67,1
1Section 1. 753.067 of the statutes is created to read: AB67,2,112753.067 Actions filed in a 1st or 2nd class city in which there is a 3governmental party; venue. (1) Upon receiving notice under s. 801.50 (4r), the 4clerk of the circuit court in which the action is filed shall select at random a circuit, 5excluding the circuit in which the case has been filed, and assign the randomly 6selected circuit as the venue for the matter. The clerk of courts for the county where 7the action was initially filed shall notify the clerk of courts for the county where the 8action is assigned under this section of the venue assignment. The court to which 9the action is assigned shall then issue an order to notify the parties of the venue 10assignment. The requirements under s. 801.61 shall apply to cases assigned under 11this section. AB67,3,5
1(2) Notwithstanding s. 801.52, once an action has been assigned under this 2section, the assignment is conclusive. If an action has been assigned under this 3section, no party may seek to exercise the random venue assignment option again in 4the case, and neither a court, upon its own motion, nor any party or intervenor may 5move for any subsequent change of venue. AB67,26Section 2. 801.50 (4r) of the statutes is created to read: AB67,3,87801.50 (4r) (a) In this subsection, “governmental party” means any of the 8following: AB67,3,1191. The legislature, either house of the legislature, or a committee of the 10legislature or of either house of the legislature, or any member of the legislature 11acting in his or her official capacity. AB67,3,13122. The elections commission or the ethics commission, or any commissioner 13thereof, acting in his or her official capacity. AB67,3,14143. Any of the following, acting in his or her official capacity: AB67,3,1815a. The governor, lieutenant governor, secretary of state, state treasurer, 16attorney general, or superintendent of public instruction, a secretary or deputy 17secretary of a department, or a commissioner or deputy commissioner of an 18independent agency. AB67,3,2019b. The president or vice president of the United States, or any U.S. senator or 20representative in Congress from this state. AB67,4,421(b) In any action in which a governmental party is a party, including as an 22intervenor, and that is filed in a county in which there is a 1st or 2nd class city, any 23party shall have the option to elect random venue assignment as described under s.
1753.067. Venue shall be as provided in s. 753.067 if any party to an action of the 2type described in this paragraph notifies the clerk of the circuit court in which the 3action has been filed in writing that the party seeks to exercise the option for 4random venue assignment as follows: AB67,4,951. If the party seeking to exercise the option for random venue assignment is 6the plaintiff, not later than 5 days after the summons and complaint are filed, or, if 7the party seeking to exercise the option for random venue assignment is not the 8plaintiff, not later than 5 days after the service of a summons and complaint upon 9that party. AB67,4,11102. In an action in which a governmental party files a motion to intervene, not 11later than 5 days after that governmental party’s motion to intervene is granted. AB67,312Section 3. 801.50 (6) of the statutes is amended to read: AB67,4,1413801.50 (6) Venue Except as provided under s. 753.067 (2), venue under this 14section may be changed under s. 801.52. AB67,415Section 4. 814.61 (2) (title) of the statutes is amended to read: AB67,4,1616814.61 (2) (title) Change of venue; random venue assignment. AB67,517Section 5. 814.61 (2) (c) of the statutes is created to read: AB67,4,1918814.61 (2) (c) A fee as set forth in par. (a) if a party exercises the option under 19s. 801.50 (4r) for random venue assignment.
