Read the full stored bill text
Wisconsin Legislature: SB80: Bill Text
Skip navigation
Home
Documents
Senate
Assembly
Committees
Service Agencies
Docs
Options
Help
2025 Biennium
Statutes
Admin. Rules
Indices
Miscellaneous
Archives
Home
Bill, Rule, and Appointment Histories
Senators
Representatives
Committees
Text of Introduced Proposals
Amendment Text
Acts
Veto Messages
Enrolled Bills
Votes
Assembly and Senate Floor Calendars
Schedule of Committee Activities
Assembly and Senate Journals
Committee Records (ROCPs)
Legislative Rules
All Session-Related Documents
Subject Index to Acts
Subject Index to Legislation
Subject Index to Journals
Author Index to Legislation
Subject Index to Clearinghouse Rules
Miscellaneous Budget Documents
Executive Orders
Rulings of the Chair
Wisconsin Supreme Court Rules
Opinions of the Attorney General
Town Law Forms
Law
Districts
Session
Drafting Files
Feeds
Preferences
Show tree
Hide tree
Feedback
Help
Home
Senate Home
Senators
Committees
Session
Chief Clerk
Sergeant at Arms
Civics Education
Human Resources
Assembly Home
Representatives
Committees
Session
Chief Clerk
Sergeant at Arms
Human Resources
Schedule
Joint
Senate
Assembly
Study
Legislative Audit Bureau
Legislative Council
Legislative Fiscal Bureau
Legislative Human Resources Office
Legislative Reference Bureau
Legislative Technology Services Bureau
Menu
»
2025
»
Related Documents
»
Proposal Text
»
SB80: Bill Text
Up
Up
2025 - 2026 LEGISLATURE
LRB-2002/1
SWB:emw
2025 SENATE BILL 80
February 26, 2025 - Introduced by Senators
Jacque
and
Wimberger
, cosponsored by Representatives
Tusler
,
B. Jacobson
,
Brooks
,
Knodl
,
Murphy
and
O'Connor
. Referred to Committee on Judiciary and Public Safety.
SB80,1,2
1
An Act
to create
chapter 798 of the statutes;
relating to:
statutory recognition
2
of specialized treatment court and commercial court dockets.
Analysis by the Legislative Reference Bureau
This bill statutorily recognizes specialized dockets for treatment courts and for commercial cases. The bill recognizes in statute treatment courts, which are defined in the bill to include adult drug treatment court, juvenile drug treatment court, operating while intoxicated treatment court, mental health treatment court, family dependency treatment court, veterans treatment court, hybrid treatment court, and tribal healing to wellness court.
The bill also statutorily recognizes a specialized docket for commercial cases. Under the bill, the chief justice of the Wisconsin Supreme Court, taking into consideration recommendations from the relevant chief judges of the judicial administrative districts, must select circuit court judges who will be assigned to the commercial court docket upon each judge’s agreement to serve. The bill provides that a judge who presides over cases on the commercial court docket is not prohibited from working on any other assigned docket.
Under the bill, certain commercial case types must be assigned to the commercial court docket, including cases involving all of the following: 1) the governance or internal affairs of business organizations; 2) tortious or statutorily prohibited business activity, unfair competition, or antitrust claims; 3) the sale, consolidation, or merger of a business organization or the conversion, share exchange, or sale of substantially all of the assets of a business organization; 4) the issuance, sale, or transfer of securities; 5) intellectual property rights; 6) the relationship between a franchisor and franchisee or similar distribution relationship; 7) certain claims or disputes involving the Uniform Commercial Code, when the amount in controversy exceeds $100,000; 8) receiverships in excess of $250,000; 9) confirmation of arbitration awards and compelling or enforcing arbitration awards when the amount in controversy exceeds $100,000; and 10) real estate construction disputes when the amount in controversy exceeds $250,000. The bill provides that certain types of cases are ineligible for assignment to the commercial court docket, including small claims cases, cases involving a governmental entity or political subdivision seeking to enforce a statutory or regulatory restriction or prohibition, or disputes between landlords and tenants.
The commercial court docket created under the bill is a commercial case docket that generally involves disputes between commercial entities rather than individuals and does not include actions typically involving individuals such as personal injury suits, products liability, malpractice, or other tort claims or landlord and tenant disputes or similar claims. Under the bill, parties may jointly move for discretionary assignment of a case to the commercial court docket if the case is one that is not identified under the mandatory criteria but is not otherwise ineligible for assignment. The bill provides that a decision granting or denying a motion for a discretionary assignment of a case to the commercial court docket is final and nonappealable.
The bill also allows that parties to a case that is filed in a judicial administrative district that does not have a dedicated commercial court docket may, in certain circumstances, jointly petition for transfer of the case to a commercial court docket. Under the bill, no party may withdraw a request for transfer to the commercial court docket after a judicial assignment of the case has been made.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB80,1
1
Section
1
.
Chapter 798 of the statutes is created to read:
SB80,2,3
2
CHAPTER 798
3
SPECIALTY COURTS
SB80,2,4
4
798.01 Legislative findings.
The legislature finds all of the following:
SB80,3,6
5
(1)
Specialized dockets for treatment courts and for commercial cases have
6
existed in this state and across the country for a number of years in recognition of
1
the fact that the interests of justice in general, and of litigants in particular, are
2
substantially enhanced when judges and other court personnel commit to take
3
specific training in the subject matter areas of a particular specialized docket and
4
then apply that training and expertise to the unique issues before the court. The
5
use of specialized dockets increases efficiencies and improve outcomes in the
6
handling of these cases.
SB80,3,10
7
(2)
The commercial court docket has existed in this state for over 7 years as a
8
pilot project in a number of counties and judicial districts and has been shown to
9
reduce substantially the time it takes to obtain a decision and increase the level of
10
satisfaction of the parties with the results in commercial disputes.
SB80,3,18
11
798.05 Treatment court dockets. (1)
Purpose; authority.
The purpose
12
of this section is to statutorily recognize specialized dockets for treatment courts.
13
Treatment courts are designed to operate within the framework of the existing state
14
court system and specifically address underlying issues relating to criminal
15
behavior. Treatment courts provide treatment while working with a
16
multidisciplinary team to deploy a range of graduated rewards and sanctions with
17
the goal of engaging participants in treatment long enough to successfully address
18
any addiction or mental health issues and end the cycle of recidivism.
SB80,3,20
19
(2)
Definition.
In this section, “treatment court” includes all of the
20
following:
SB80,3,21
21
(a) Adult drug treatment court.
SB80,3,22
22
(b) Juvenile drug treatment court.
SB80,3,23
23
(c) Operating while intoxicated treatment court.
SB80,4,1
1
(d) Mental health treatment court.
SB80,4,2
2
(e) Family dependency treatment court.
SB80,4,3
3
(f) Veterans treatment court.
SB80,4,4
4
(g) Hybrid treatment court.
SB80,4,5
5
(h) Tribal healing to wellness court.
SB80,4,12
6
798.15
Commercial court docket.
(1)
Purpose; authority.
The purpose
7
of this section is to statutorily recognize a specialized docket for commercial cases in
8
state circuit courts. The commercial court docket is designed to operate within the
9
framework of the existing state court system with minimal impact on the balance of
10
court operations. It is intended to leverage judicial expertise in commercial law and
11
disputes with commercial litigants’ desire to tailor case management practices best
12
suited for resolving substantial business disputes fairly and expeditiously.
SB80,4,13
13
(2)
Definitions.
In this section:
SB80,4,19
14
(a) “Business organization” includes a sole proprietorship, corporation,
15
partnership, limited liability company, limited partnership, professional
16
association, benefits corporation, service corporation, joint venture, bank, savings
17
bank, savings and loan association, or business trust. A “business organization”
18
excludes an individual, a family trust, or a political subdivision or governmental
19
entity.
SB80,4,21
20
(b) “Consumer contract or transaction” means a consumer contract or
21
transaction that is primarily for personal, family, or household purposes.
SB80,5,5
22
(3)
Scope.
(a) The commercial court procedures outlined in this section
23
apply to judicial administrative districts that have established specialized dockets
1
for commercial cases on the effective date of this paragraph .... [LRB inserts date],
2
and to any commercial court docket established after the effective date of this
3
paragraph .... [LRB inserts date], beginning on the date that docket is established.
4
Courts with specialized dockets for commercial cases shall be referred to as the
5
“commercial court.”
SB80,5,11
6
(b) 1. The chief justice of the supreme court, after considering the
7
recommendation of the chief judge of the encompassing judicial administrative
8
district, shall select the circuit court judges in the judicial administrative districts
9
who will be assigned to the commercial court docket upon each judge’s agreement to
10
so serve. The chief justice of the supreme court shall select at least all of the
11
following to participate in the commercial court under this section:
SB80,5,13
12
a. No fewer than 4 circuit court judges within the 2nd judicial administrative
13
district.
SB80,5,15
14
b. No fewer than 4 circuit court judges within the 3rd judicial administrative
15
district.
SB80,5,17
16
c. No fewer than 4 circuit court judges within the 5th judicial administrative
17
district.
SB80,5,19
18
d. No fewer than 4 circuit court judges within the 8th judicial administrative
19
district.
SB80,5,21
20
e. No fewer than 4 circuit court judges within the 10th judicial administrative
21
district.
SB80,5,23
22
f. No fewer than 4 circuit court judges within any judicial administrative
23
district that adds a commercial court docket.
SB80,6,2
1
2. A judge who presides in a commercial court docket is not prohibited from
2
working on any other assigned docket.
SB80,6,5
3
3. The chief justice of the supreme court may add additional judicial
4
administrative districts to the commercial court docket upon the recommendation
5
of the director of state courts.
SB80,6,9
6
(4)
Mandatory assignment of cases to the commercial court docket.
7
(a) Any case of a type described under par. (b) that is filed in a circuit court in which
8
a commercial court docket has been established shall be assigned to the commercial
9
court docket as provided under sub. (7).
SB80,6,11
10
(b) The commercial court shall have jurisdiction over all of the following types
11
of cases:
SB80,6,13
12
1. Cases involving the governance or internal affairs of business
13
organizations, including all of the following:
SB80,6,15
14
a. Claims between or among owners or constituents of a business
15
organization.
SB80,6,16
16
b. Claims against officers, directors, or managers of a business organization.
SB80,6,18
17
c. Claims involving the indemnity of owners, officers, directors, or managers
18
of a business organization.
SB80,6,21
19
d. Claims involving the interpretation of the rights and obligations under the
20
law governing business organizations, such as chs. 178 to 181, 183, 185, 204, 214,
21
215, and 221 to 223, or any similar statute or law from another jurisdiction.
SB80,7,2
22
e. Claims involving the interpretation of the rights and obligations under any
23
agreement governing a business organization, such as the articles of incorporation,
1
bylaws, operating agreements, membership agreements, or partnership agreement
2
of the business organization.
SB80,7,4
3
2. Cases involving tortious or statutorily prohibited business activity, unfair
4
competition, or antitrust, including all of the following:
SB80,7,5
5
a. Claims under ch. 133.
SB80,7,6
6
b. Claims under s. 100.30 (5m) or (5r).
SB80,7,7
7
c. Claims under s. 134.01.
SB80,7,8
8
d. Claims of tortious interference with a business organization.
Down
Down
/2025/related/proposals/sb80
true
proposaltext
/2025/related/proposals/sb80
proposaltext/2025/REG/SB80
proposaltext/2025/REG/SB80
section
true
Menu
»
2025
»
Related Documents
»
Proposal Text
»
SB80: Bill Text
×
Details for
PDF view
Link
(Permanent link)
Bookmark this location
View toggle
Go to top of document
Search in this chapter
Search in this section
Search in this agency
Search in this chapter group
Search in this chapter
Search in this section
Cross references for section
Acts affecting this section
References to this
1970 Statutes Annotations
Appellate Court Citations
Administrative Code Index
Reference lines
Clear highlighting