Wisconsin 2025 Regular Session Status: To Executive 6 R cosponsors

AB 73 — Relating to: statutory recognition of specialized treatment court and commercial court dockets.

Last action — Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been sent to the executive. Introduced February 24, 2025. It awaits signature.

Vetoed by Governor Tony Evers (Democratic) on August 11, 2025.

Next likely step: the executive signs it into law or issues a veto.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 74% · moderate confidence
  • To Executive

    Current position in the legislative process.

  • 8 sponsors

    1 primary, 7 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (6 R).

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

An Act to create chapter 798 of the statutes;

Bill Text

What changed in the latest version

209 added · 367 removed

Plain-language change summary

The updated version of Assembly Bill 73 includes a new section that formally recognizes specialized treatment courts and commercial court dockets in Wisconsin. This change matters because it emphasizes the importance of addressing underlying issues such as addiction and mental health, while also streamlining the court process for commercial cases. The inclusion of various types of treatment courts, like juvenile and family dependency courts, reflects a commitment to holistic and specialized approaches to justice, aiming to reduce recidivism and better meet the needs of vulnerable individuals.

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- 2026 LEGISLATURE LRB-1313/1 SWB:emw ASSEMBLY BILL 73 February 24, 2025 - Introduced by RepresentativesUSLER , B.
Date of enactment:
ACOBSON , BROOKS, K NODL, M URPHY and O'C ONNOR , cosponsored by Senators J ACQUE and W IMBERGER .
Assembly Bill 73 Date of publication*:
Referred to Committee on Mental Health and Substance Abuse Prevention.
WISCONSIN ACT A N A CT to create chapter 798 of the statutes;
A N A CT to create chapter 798 of the statutes;
Analysis by the Legislative Reference Bureau This bill statutorily recognizes specialized dockets for treatment courts and for commercial cases.
The people of the state of Wisconsin, represented in sen- recognize specialized dockets for treatment courts.
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.
ate and assembly, do enact as follows:
The bill also statutorily recognizes a specialized docket for commercial cases.
Treatment courts are designed to operate within the SECTION 1.
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.
Chapter 798 of the statutes is created to framework of the existing state court system and specifi- cally address underlying issues relating to criminal be- read:
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.
havior.
Under the bill, certain commercial case types must be assigned to the commercial court docket, including cases involving all of the following:
Treatment courts provide treatment while work- CHAPTER 798 SPECIALTY COURTS ing with a multidisciplinary team to deploy a range of 798.01 Legislative findings.
1) the governance or internal affairs of business organizations;
The legislature finds graduated rewards and sanctions with the goal of engag- all of the following:
2) tortious or statutorily prohibited business activity, unfair competition, or antitrust claims;
ing participants in treatment long enough to successfully address any addiction or mental health issues and end (1) Specialized dockets for treatment courts and for the cycle of recidivism.
3) the sale, consolidation, or merger of a business organization or the conversion, share - 2026 Legislature - 2 - LRB-1313/1 SWB:emw ASSEMBLY BILL 73 S ECTION 1 exchange, or sale of substantially all of the assets of a business organization;
commercial cases have existed in this state and across (2) D EFINITION .
4) the issuance, sale, or transfer of securities;
In this section, Xtreatment courtY the country for a number of years in recognition of the fact that the interests of justice in general, and of liti- includes all of the following:
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:
SECTION 1.
Chapter 798 of the statutes is created to read:
CHAPTER 798 SPECIALTY COURTS 798.01 Legislative findings.
The legislature finds all of the following:
(1) Specialized dockets for treatment courts and for commercial cases have existed in this state and across the country for a number of years in recognition of - 2026 Legislature - 3 - LRB-1313/1 SWB:emw ASSEMBLY BILL 73 S ECTION 1 the fact that the interests of justice in general, and of litigants in particular, are substantially enhanced when judges and other court personnel commit to take specific training in the subject matter areas of a particular specialized docket and then apply that training and expertise to the unique issues before the court.
The use of specialized dockets increases efficiencies and improve outcomes in the handling of these cases.
(2) The commercial court docket has existed in this state for over 7 years as a pilot project in a number of counties and judicial districts and has been shown to reduce substantially the time it takes to obtain a decision and increase the level of satisfaction of the parties with the results in commercial disputes.
798.05 Treatment court dockets.
(1) P URPOSE ;AUTHORITY .
The purpose of this section is to statutorily recognize specialized dockets for treatment courts.
Treatment courts are designed to operate within the framework of the existing state court system and specifically address underlying issues relating to criminal behavior.
Treatment courts provide treatment while working with a multidisciplinary team to deploy a range of graduated rewards and sanctions with the goal of engaging participants in treatment long enough to successfully address any addiction or mental health issues and end the cycle of recidivism.
(2) DEFINITION.
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In this section, “treatment court” includes all of the following:
(b) Juvenile drug treatment court.
gants in particular, are substantially enhanced when (b) Juvenile drug treatment court.
(c) Operating while intoxicated treatment court.
judges and other court personnel commit to take specific (c) Operating while intoxicated treatment court.
- 2026 Legislature - 4 - LRB-1313/1 SWB:emw ASSEMBLY BILL 73 S ECTION 1 (d) Mental health treatment court.
training in the subject matter areas of a particular spe- (d) Mental health treatment court.
(e) Family dependency treatment court.
cialized docket and then apply that training and exper- tise to the unique issues before the court.
The use of (e) Family dependency treatment court.
(g) Hybrid treatment court.
specialized dockets increases efficiencies and improve (g) Hybrid treatment court.
outcomes in the handling of these cases.
798.15 Commercial court docket.
(2) The commercial court docket has existed in this 798.15 Commercial court docket.
(1) P URPOSE ;AUTHORITY .
(1) P URPOSE ;
The purpose of this section is to statutorily recognize a specialized docket for commercial cases in state circuit courts.
state for over 7 years as a pilot project in a number of AUTHORITY .
The commercial court docket is designed to operate within the framework of the existing state court system with minimal impact on the balance of court operations.
The purpose of this section is to statutorily counties and judicial districts and has been shown to re- recognize a specialized docket for commercial cases in duce substantially the time it takes to obtain a decision state circuit courts.
It is intended to leverage judicial expertise in commercial law and disputes with commercial litigants’ desire to tailor case management practices best suited for resolving substantial business disputes fairly and expeditiously.
The commercial court docket is de- and increase the level of satisfaction of the parties with signed to operate within the framework of the existing the results in commercial disputes.
(2) DEFINITIONS.
state court system with minimal impact on the balance 798.05 Treatment court dockets.
(1) P URPOSE ;
of court operations.
It is intended to leverage judicial AUTHORITY .
The purpose of this section is to statutorily expertise in commercial law and disputes with commer- * Section 991.11, ISCONSINSTATUTES:
Effective date of acts.
XEvery act and every portion of an act enacted by the legislature over the gov- ernor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.Y Wisconsin Act - 2 - 2025 Assembly Bill 73 cial litigants[ desire to tailor case management practices (4) M ANDATORY ASSIGNMENT OF CASES TO THE best suited for resolving substantial business disputes COMMERCIAL COURT DOCKET .
(a) Any case of a type fairly and expeditiously.
described under par.
(b) that is filed in a circuit court in (2) D EFINITIONS .
(a) “Business organization” includes a sole proprietorship, corporation, partnership, limited liabilitycompany, limited partnership, professional association, benefits corporation, service corporation, joint venture, bank, savings bank, savings and loan association, or business trust.
which a commercial court docket has been established (a) XBusiness organizationY includes a sole propri- shall be assigned to the commercial court docket as pro- etorship, corporation, partnership, limited liability com- vided under sub.
A “business organization” excludes an individual, a family trust, or a political subdivision or governmental entity.
(b) “Consumer contract or transaction” means a consumer contract or transaction that is primarily for personal, family, or household purposes.
(3) SCOPE .
(a) The commercial court procedures outlined in this section apply to judicial administrative districts that have established specialized dockets - 2026 Legislature - 5 - LRB-1313/1 SWB:emw ASSEMBLY BILL 73 SECTION 1 for commercial cases on the effective date of this paragraph ....
[LRB inserts date], and to any commercial court docket established after the effective date of this paragraph ....
[LRB inserts date], beginning on the date that docket is established.
Courts with specialized dockets for commercial cases shall be referred to as the “commercial court.” (b) 1.
The chief justice of the supreme court, after considering the recommendation of the chief judge of the encompassing judicial administrative district, shall select the circuit court judges in the judicial administrative districts who will be assigned to the commercial court docket upon each judge’s agreement to so serve.
The chief justice of the supreme court shall select at least all of the following to participate in the commercial court under this section:
a.
No fewer than 4 circuit court judges within the 2nd judicial administrative district.
b.
No fewer than 4 circuit court judges within the 3rd judicial administrative district.
c.
No fewer than 4 circuit court judges within the 5th judicial administrative district.
d.
No fewer than 4 circuit court judges within the 8th judicial administrative district.
e.
No fewer than 4 circuit court judges within the 10th judicial administrative district.
f.
No fewer than 4 circuit court judges within any judicial administrative district that adds a commercial court docket.
- 2026 Legislature - 6 - LRB-1313/1 SWB:emw ASSEMBLY BILL 73 SECTION 1 2.
A judge who presides in a commercial court docket is not prohibited from working on any other assigned docket.
3.
The chief justice of the supreme court may add additional judicial administrative districts to the commercial court docket upon the recommendation of the director of state courts.
(4) M ANDATORY ASSIGNMENT OF CASES TO THE COMMERCIAL COURT DOCKET .
(a) Any case of a type described under par.
(b) that is filed in a circuit court in which a commercial court docket has been established shall be assigned to the commercial court docket as provided under sub.
(b) The commercial court shall have jurisdiction over all of the following types of cases:
pany, limited partnership, professional association, ben- (b) The commercial court shall have jurisdiction efits corporation, service corporation, joint venture, over all of the following types of cases:
1.
bank, savings bank, savings and loan association, or 1.
Cases involving the governance or internal affairs of business organizations, including all of the following:
Cases involving the governance or internal affairs business trust.
a.
A Xbusiness organizationY excludes an of business organizations, including all of the following:
Claims between or among owners or constituents of a business organization.
individual, a family trust, or a political subdivision or a.
b.
Claims between or among owners or constituents governmental entity.
Claims against officers, directors, or managers of a business organization.
of a business organization.
(b) XConsumer contract or transactionY means a b.
Claims against officers, directors, or managers of consumer contract or transaction that is primarily for a business organization.
personal, family, or household purposes.
Claims involving the indemnity of owners, officers, directors, or managers of a business organization.
Claims involving the indemnity of owners, offi- (3) S COPE .
d.
(a) The commercial court procedures cers, directors, or managers of a business organization.
Claims involving the interpretation of the rights and obligations under the law governing business organizations, such as chs.
outlined in this section apply to judicial administrative d.
178 to 181, 183, 185, 204, 214, 215, and 221 to 223, or any similar statute or law from another jurisdiction.
Claims involving the interpretation of the rights districts that have established specialized dockets for and obligations under the law governing business orga- commercial cases on the effective date of this paragraph nizations, such as chs.
e.
178 to 181, 183, 185, 204, 214, ....
Claims involving the interpretation of the rights and obligations under any agreement governing a business organization, such as the articles of incorporation, - 2026 Legislature - 7 - LRB-1313/1 SWB:emw ASSEMBLY BILL 73 SECTION 1 bylaws, operating agreements, membership agreements, or partnership agreement of the business organization.
[LRB inserts date], and to any commercial court 215, and 221 to 223, or any similar statute or law from docket established after the effective date of this para- another jurisdiction.
2.
graph ....
Cases involving tortious or statutorily prohibited business activity, unfair competition, or antitrust, including all of the following:
[LRB inserts date], beginning on the date that e.
a.
Claims involving the interpretation of the rights docket is established.
Courts with specialized dockets and obligations under any agreement governing a busi- for commercial cases shall be referred to as the Xcom- ness organization, such as the articles of incorporation, mercial court.Y bylaws, operating agreements, membership agreements, (b) 1.
The chief justice of the supreme court, after or partnership agreement of the business organization.
considering the recommendation of the chief judge of 2.
Cases involving tortious or statutorily prohibited the encompassing judicial administrative district, shall business activity, unfair competition, or antitrust, in- select the circuit court judges in the judicial administra- cluding all of the following:
tive districts who will be assigned to the commercial a.
court docket upon each judge[s agreement to so serve.
c.
The chief justice of the supreme court shall select at c.
d.
least all of the following to participate in the commercial d.
Claims of tortious interference with a business organization.
Claims of tortious interference with a business court under this section:
e.
organization.
Claims involving restrictive covenants and agreements not to compete or solicit.
a.
f.
No fewer than 4 circuit court judges within the e.
Claims involving restrictive covenants and agree- 2nd judicial administrative district.
ments not to compete or solicit.
b.
No fewer than 4 circuit court judges within the f.
3rd judicial administrative district.
Cases involving 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.
Cases involving the sale, consolidation, or merger c.
No fewer than 4 circuit court judges within the 5th of a business organization or the conversion, share ex- judicial administrative district.
change, or sale of substantially all of the assets of a busi- d.
No fewer than 4 circuit court judges within the ness organization.
8th judicial administrative district.
Cases involving the issuance, sale, or transfer of securities, including claims for securities fraud under ch.
Cases involving the issuance, sale, or transfer of e.
551, or any similar statute or law from another jurisdiction.
No fewer than 4 circuit court judges within the securities, including claims for securities fraud under 10th judicial administrative district.
5.
ch.
Cases involving intellectual property rights, including all of the following:
551, or any similar statute or law from another f.
a.
No fewer than 4 circuit court judges within any ju- jurisdiction.
Claims to determine the use, ownership, or status of trademarks, trade secrets, or copyrights.
dicial administrative district that adds a commercial 5.
Cases involving intellectual property rights, in- court docket.
cluding all of the following:
2.
A judge who presides in a commercial court a.
Claims to determine the use, ownership, or status docket is not prohibited from working on any other as- of trademarks, trade secrets, or copyrights.
signed docket.
c.
3.
Claims involving any agreement relating to the licensing of any intellectual property right, including patent rights.
The chief justice of the supreme court may add c.
- 2026 Legislature - 8 - LRB-1313/1 SWB:emw ASSEMBLY BILL 73 SECTION 1 6.
Claims involving any agreement relating to the li- additional judicial administrative districts to the com- censing of any intellectual property right, including mercial court docket upon the recommendation of the patent rights.
Cases involving the relationship between a franchisor and franchisee or similar distribution relationship, including all of the following:
director of state courts.
a.
6.
Claims arising from ch.
Cases involving the relationship between a fran- Assembly Bill 73 - 3 - 2025 Wisconsin Act chisor and franchisee or similar distribution relation- cases, except as provided in sub.
135 or any similar statute or law from another jurisdiction.
b.
Claims arising from s.
134.93 or any similar statute or law from another jurisdiction.
c.
Claims arising from ch.
553 or any similar statute or law from another jurisdiction.
7.
Cases involving claims or disputes under ch.
402, 403, 404, 405, or 409, or any similar statute or law from another jurisdiction, when the amount in controversy exceeds $100,000, exclusive of interest, costs, and attorney fees.
8.
Cases involving receiverships in excess of $250,000.
9.
Cases involving confirmation of arbitration awards and compelling or enforcing arbitration awards when the amount in controversy exceeds $100,000.
10.
Cases involving commercial real estate construction disputes when the amount in controversy exceeds $250,000.
(5) D ISCRETIONARY ASSIGNMENT OF CASES TO THE COMMERCIAL COURT DOCKET.
(a) In addition to the cases identified under sub.
(4) and that are not otherwise excluded under sub.
(6), parties to a case in a judicial administrative district in which there is a commercial court docket may jointly move the chief judge of that judicial administrative district for discretionary assignment of the case to that commercial court docket.If the motion for discretionary assignment is granted, the case may be assigned to a commercial court docket.
- 2026 Legislature - 9 - LRB-1313/1 SWB:emw ASSEMBLY BILL 73 SECTION 1 (b) In deciding a motion for discretionary assignment of a case to a commercial court docket, the chief judge of the encompassing judicial administrative district shall consider the parties to the dispute, the nature of the dispute, the complexity of the issues presented, and whether the commercial court’s resolution of the case will provide needed guidance to influence future commercial behavior or assist in resolving future disputes.
The decision granting or denying a motion for a discretionary assignment of a case to a commercial court docket is final and nonappealable.
(6) INELIGIBLE CASE TYPE.
The following cases may not be assigned to the commercial court docket:
(a) Cases involving small claims under ch.
799.
(b) Cases involving a governmental entity or political subdivision seeking to enforce a statutory or regulatory restriction or prohibition.
(c) Unless the claim or dispute identified in this subsection is ancillary and incidental to a case assigned to the commercial court docket under sub.
(4), cases involving a consumer contract or transaction;
disputes between landlords and tenants;
domestic relations claims;
labor claims;
receivership, insolvency, or liquidation cases, except as provided in sub.
malpractice claims;
malpractice ship, including all of the following:
claims;
civil rights claims;
a.
Claims arising from ch.
135 or any similar statute civil rights claims;
cases seeking to compel arbitration or to affirm or disaffirm an arbitration award, except as provided in sub.
cases seeking to compel or law from another jurisdiction.
arbitration or to affirm or disaffirm an arbitration award, b.
Claims arising from s.
134.93 or any similar except as provided in sub.
construction claims, except as provided in sub.
construction statute or law from another jurisdiction.
claims, except as provided in sub.
or environmental claims.
or environ- c.
(7) IDENTIFICATION AND ASSIGNMENT OF CASES TO COMMERCIAL COURT - 2026 Legislature - 10 - LRB-1313/1 SWB:emw ASSEMBLY BILL 73 SECTION 1 DOCKET.
Claims arising from ch.
553 or any similar statute mental claims.
or law from another jurisdiction.
(7) IDENTIFICATION AND ASSIGNMENT OF CASES TO 7.
Cases involving claims or disputes under ch.
402, COMMERCIAL COURT DOCKET .
At the time of the filing of the complaint under s.
At 403, 404, 405, or 409, or any similar statute or law from the time of the filing of the complaint under s.
801.02 (1), the plaintiff in a civil action shall state on the face of the complaint whether the case qualifies for the commercial court docket under sub.
801.02 another jurisdiction, when the amount in controversy ex- (1), the plaintiff in a civil action shall state on the face of ceeds $100,000, exclusive of interest, costs, and attorney the complaint whether the case qualifies for the com- fees.
(4) and is not ineligible for assignment under sub.
mercial court docket under sub.
(4) and is not ineligible 8.
Cases involving receiverships in excess of for assignment under sub.
$250,000.
For cases filed in which a circuit court judge in that county has already been assigned a commercial court docket, the clerk of court shall assign the case to the commercial court docket and to one of the judges designated for the commercial court docket.
For cases filed in which 9.
In the event of a request for judicial substitution, the case shall be transferred to another circuit court judge who is assigned to the commercial court docket in that judicial administrative district.
Cases involving confirmation of arbitration a circuit court judge in that county has already been as- awards and compelling or enforcing arbitration awards signed a commercial court docket, the clerk of court when the amount in controversy exceeds $100,000.
2.
shall assign the case to the commercial court docket and 10.
Within a judicial administrative district participating in the commercial court docket, but in which no circuit court judge has been assigned to the commercial court docket, upon the filing of a qualifying case, the clerk of court shall notify the chief judge of the encompassing judicial administrative district, and the chief judge shall assign one of the commercial court docket judges from the other counties in the judicial administrative district.
Cases involving commercial real estate con- to one of the judges designated for the commercial court struction disputes when the amount in controversy ex- docket.
The chief judge’s selection shall be made pursuant to s.
In the event of a request for judicial substitution, ceeds $250,000.
the case shall be transferred to another circuit court (5) D ISCRETIONARY ASSIGNMENT OF CASES TO THE judge who is assigned to the commercial court docket in COMMERCIAL COURT DOCKET .
(a) In addition to the that judicial administrative district.
cases identified under sub.
(4) and that are not otherwise 2.
Within a judicial administrative district partici- excluded under sub.
(6), parties to a case in a judicial ad- pating in the commercial court docket, but in which no ministrative district in which there is a commercial court circuit court judge has been assigned to the commercial docket may jointly move the chief judge of that judicial court docket, upon the filing of a qualifying case, the administrative district for discretionary assignment of clerk of court shall notify the chief judge of the encom- the case to that commercial court docket.
If the motion passing judicial administrative district, and the chief for discretionary assignment is granted, the case may be judge shall assign one of the commercial court docket assigned to a commercial court docket.
judges from the other counties in the judicial adminis- (b) In deciding a motion for discretionary assign- trative district.
The chief judge[s selection shall be made ment of a case to a commercial court docket, the chief pursuant to s.
In the event a request for substitution is filed regarding the judge chosen by the chief judge of the encompassing judicial administrative district, the chief judge shall then assign another judge from the judicial administrative district who has been appointed for commercial court cases.
In the event a request for sub- judge of the encompassing judicial administrative dis- stitution is filed regarding the judge chosen by the chief trict shall consider the parties to the dispute, the nature judge of the encompassing judicial administrative dis- of the dispute, the complexity of the issues presented, trict, the chief judge shall then assign another judge and whether the commercial court[s resolution of the from the judicial administrative district who has been case will provide needed guidance to influence future appointed for commercial court cases.
(c) Omission by plaintiff;
commercial behavior or assist in resolving future dis- (c) Omission by plaintiff;
defendant’s and 3rd-party defendant’s rights and prerogatives of the circuit court.
defendant[s and 3rd-party putes.
In the event the duties set forth in par.
The decision granting or denying a motion for a defendant[s rights and prerogatives of the circuit court.
(a) are not met, the circuit court may sua sponte, or upon a motion filed by a defendant or a 3rd - 2026 Legislature - 11 - LRB-1313/1 SWB:emw ASSEMBLY BILL 73 SECTION 1 party with his or her or its responsive pleading or responsive motion, order the transfer of a case to the commercial court docket if the court determines that the case meets the mandatory criteria of sub.
discretionary assignment of a case to a commercial In the event the duties set forth in par.
(a) are not met, court docket is final and nonappealable.
the circuit court may sua sponte, or upon a motion filed (6) I NELIGIBLE CASE TYPES .
The following cases by a defendant or a 3rd party with his or her or its re- may not be assigned to the commercial court docket:
sponsive pleading or responsive motion, order the trans- (a) Cases involving small claims under ch.
799.
fer of a case to the commercial court docket if the court (b) Cases involving a governmental entity or politi- determines that the case meets the mandatory criteria of cal subdivision seeking to enforce a statutory or regula- sub.
tory restriction or prohibition.
(d) Action number assignment.
(c) Unless the claim or dispute identified in this sub- (d) Action number assignment.
On assignment of any matter to the commercial court docket, the matter shall retain the civil action number assigned to it by the clerk of court upon the filing of the complaint.
On assignment of section is ancillary and incidental to a case assigned to any matter to the commercial court docket, the matter the commercial court docket under sub.
(8) DISPUTES REGARDING ASSIGNMENTS OF CASES TO THE COMMERCIAL COURT DOCKET.
(4), cases in- shall retain the civil action number assigned to it by the volving a consumer contract or transaction;
(a) Contesting the assignment of a case to the commercial court docket.
disputes be- clerk of court upon the filing of the complaint.
1.
tween landlords and tenants;
After assignment of a case to the commercial court docket, the judge assigned to the case may sua sponte, or upon motion of any party, reconsider whether assignment of that case to the commercial court docket is appropriate under the requirements of sub.
domestic relations claims;
(4) and is not ineligible for assignment under sub.
(8) D ISPUTES REGARDING ASSIGNMENTS OF CASES labor claims;
receivership, insolvency, or liquidation TO THE COMMERCIAL COURT DOCKET .
(a) Contesting Wisconsin Act - 4 - 2025 Assembly Bill 73 the assignment of a case to the commercial court docket.
(c) The procedure for a joint petition for transfer 1.
After assignment of a case to the commercial court shall be as follows:
docket, the judge assigned to the case may sua sponte, or 1.
When parties petition for the transfer of a com- upon motion of any party, reconsider whether assign- mercial court case from a district that does not then have ment of that case to the commercial court docket is ap- a commercial court docket, they shall file that petition propriate under the requirements of sub.
(4) and is not with the clerk of court in the county where the case is ineligible for assignment under sub.
Any party filing a reconsideration motion under this paragraph shall file the motion no later than the earlier of the following:
Any party fil- originally filed and also file a copy of that petition with the court administrative officer designated by the direc- ing a reconsideration motion under this paragraph shall file the motion no later than the earlier of the following:
a.
tor of state courts.
Before any judicial ruling is rendered on any issue of material substance in the case.
The supervising commercial court a.
b.
Before any judicial ruling is rendered on any issue judge shall determine where the case should be trans- of material substance in the case.
Twenty days after the case is assigned to the commercial court docket.
ferred based upon workload and the reasonable conve- b.
Twenty days after the case is assigned to the com- nience of the parties and shall confer with the chief judge of that judicial administrative district as to which mercial court docket.
If the assigned commercial court judge concludes that the case does not qualify for assignment to the commercial court docket, the judge shall return the case to the general civil case docket.
If the assigned commercial court judge concludes commercial court judge is best able to accept that addi- that the case does not qualify for assignment to the com- tional workload assignment.
(b) Review.
The parties requesting the mercial court docket, the judge shall return the case to assignment to the commercial court docket shall agree that the judge assigned to the case may direct that all the general civil case docket.
matters, other than trial, be held either in the assigned (b) Review.
(a) may request the chief judge of the judicial - 2026 Legislature - 12 - LRB-1313/1 SWB:emw ASSEMBLY BILL 73 SECTION 1 administrative district in which the commercial court sits to review the reconsideration decision.
(a) may request judge[s home courtroom or by electronic means.
A decision by the chief judge of the judicial administrative district resolving the question of which docket shall be assigned the case is final and nonappealable.
Trials the chief judge of the judicial administrative district in shall be held in the county in which the case was origi- which the commercial court sits to review the reconsid- nally filed.
(9) TRANSFERRING A CASE TO A COMMERCIAL COURT DOCKET.
The clerk of the circuit court of the county where the case was originally filed shall continue to be eration decision.
(a) Parties from judicial administrative districts that do not have a dedicated commercial court docket may petition to have their cases administered within a commercial court docket.
A decision by the chief judge of the ju- responsible to accept filings, clerk on the record pro- dicial administrative district resolving the question of which docket shall be assigned the case is final and ceedings, and perform all other duties applicable to that nonappealable.
To facilitate consideration of such petitions, the director of state courts shall periodically designate a district court administrator to be the court administrative officer for the commercial court docket and shall also designate a circuit court judge serving as a commercial court judge at the time of designation to be the supervising commercial court judge.
case.
(b) Parties described under par.
Any judgments rendered as a result of such pro- ceedings shall be docketed in the county in which the (9) TRANSFERRING A CASE TO A COMMERCIAL matter was originally filed, and any appeal shall be COURT DOCKET .
(a) may jointly petition for transfer of a case to a commercial court docket if all of the following are true:
(a) Parties from judicial administrative made to the court of appeals in the appellate district districts that do not have a dedicated commercial court docket may petition to have their cases administered where the case was originally filed.
within a commercial court docket.
To facilitate consid- 2.
The supervising commercial court docket judge shall consider the caseload of the judges designated for eration of such petitions, the director of state courts the commercial court docket, the nature of the case for shall periodically designate a district court administrator which the petition was submitted, and the work require- to be the court administrative officer for the commercial court docket and shall also designate a circuit court ments for cases already pending in the commercial court docket when determining whether to allow the transfer judge serving as a commercial court judge at the time of of a case under this paragraph.
designation to be the supervising commercial court 3.
The supervising commercial court docket judge judge.
shall, upon allowing a transfer, assign the case to the (b) Parties described under par.
(a) may jointly peti- tion for transfer of a case to a commercial court docket if commercial court docket and to one of the judges desig- nated for the commercial court docket in a participating all of the following are true:
judicial administrative district.
(4) and is not ineligible for assignment to a commercial court docket under sub.
(4) and is not 4.
In the event of a request for judicial substitution ineligible for assignment to a commercial court docket in a case transferred under this subsection and assigned under sub.
2.
to the commercial court docket, the chief judge of the ju- 2.
The parties agree to use the forms and procedures developed for use in the commercial court docket.
The parties agree to use the forms and procedures dicial administrative district in which the assignment is developed for use in the commercial court docket.
3.
made shall then assign another judge from the judicial 3.
The parties agree that all proceedings will be conducted in the courtroom of the judge to which the case is assigned under par.
The parties agree that all proceedings will be con- administrative district who has been appointed for com- ducted in the courtroom of the judge to which the case is mercial court cases.
(c), except that if the case proceeds to trial, the trial will be conducted in the county where the case was originally filed.
assigned under par.
(c) The procedure for a joint petition for transfer shall be as follows:
(c), except that if the case proceeds (d) No party may withdraw a request for transfer to to trial, the trial will be conducted in the county where the commercial court docket after a judicial assignment the case was originally filed.
- 2026 Legislature - 13 - LRB-1313/1 SWB:emw ASSEMBLY BILL 73 SECTION 1 1.
has been made under par.
When parties petition for the transfer of a commercial court case from a district that does not then have a commercial court docket, they shall file that petition with the clerk of court in the county where the case is originally filed and also file a copy of that petition with the court administrative officer designated by the director of state courtsThe supervising commercial court judge shall determine where the case should be transferred based upon workload and the reasonable convenience of the parties and shall confer with the chief judge of that judicial administrative district as to which commercial court judge is best able to accept that additional workload assignment.
The parties requesting the assignment to the commercial court docket shall agree that the judge assigned to the case may direct that all matters, other than trial, be held either in the assigned judge’s home courtroom or by electronic means.
Trials shall be held in the county in which the case was originally filed.
The clerk of the circuit court of the county where the case was originally filed shall continue to be responsible to accept filings, clerk on the record proceedings, and perform all other duties applicable to that case.
Any judgments rendered as a result of such proceedings shall be docketed in the county in which the matter was originally filed, and any appeal shall be made to the court of appeals in the appellate district where the case was originally filed.
2.
The supervising commercial court docket judge shall consider the caseload of the judges designated for the commercial court docket, the nature of the case for which the petition was submitted, and the work requirements for cases already pending in the commercial court docket when determining whether to allow the transfer of a case under this paragraph.
- 2026 Legislature - 14 - LRB-1313/1 SWB:emw ASSEMBLY BILL 73 SECTION 1 3.
The supervising commercial court docket judge shall, upon allowing a transfer, assign the case to the commercial court docket and to one of the judges designated for the commercial court docket in a participating judicial administrative district.
4.
In the event of a request for judicial substitution in a case transferred under this subsection and assigned to the commercial court docket, the chief judge of the judicial administrative district in which the assignment is made shall then assign another judge from the judicial administrative district who has been appointed for commercial court cases.
(d) No party may withdraw a request for transfer to the commercial court docket after a judicial assignment has been made under par.
(END)
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Action History

  1. Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

  2. Placed on calendar 5-12-2026 pursuant to Joint Rule 82 (2)(a)

  3. Report vetoed by the Governor on 8-8-2025

  4. Presented to the Governor on 8-7-2025

  5. Report correctly enrolled on 5-16-2025

  6. Received from Senate concurred in

  7. Ordered immediately messaged

  8. Read a third time and concurred in, Ayes 18, Noes 15

  9. Rules suspended to give bill its third reading

  10. Ordered to a third reading

  11. Decision of the Chair stands as the judgment of the Senate, Ayes 18, Noes 15

  12. Point of order that Senate Amendment 1 was not germane well taken

  13. Read a second time

  14. Senate Amendment 1 offered by Senators Roys, L. Johnson, Keyeski, Spreitzer, Habush Sinykin, Dassler-Alfheim, Smith, Drake, Larson, Carpenter, Wirch and Hesselbein

  15. Placed on calendar 5-15-2025 pursuant to Senate Rule 18(1)

  16. Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2

  17. Available for scheduling

  18. Report concurrence recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 3

  19. Executive action taken

  20. Read first time and referred to committee on Judiciary and Public Safety

  21. Received from Assembly

  22. Ordered immediately messaged

  23. Read a third time and passed, Ayes 53, Noes 42, Paired 2

  24. Rules suspended

  25. Ordered to a third reading

  26. Read a second time

  27. Placed on calendar 4-22-2025 by Committee on Rules

  28. Referred to committee on Rules

  29. Report passage recommended by Committee on Mental Health and Substance Abuse Prevention, Ayes 7, Noes 2

  30. Executive action taken

  31. Representative Dittrich added as a coauthor

  32. Public hearing held

  33. Read first time and referred to Committee on Mental Health and Substance Abuse Prevention

  34. Introduced by Representatives Tusler, B. Jacobson, Brooks, Knodl, Murphy and O'Connor; cosponsored by Senators Jacque and Wimberger

Sponsors

Sponsorship breakdown

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1 sponsors · 7 co-sponsors · 124 not signed on · 53 voted No

Sponsors (1)

Co-sponsors (7)

Not signed on (124)

124 members have not signed on to this bill.

Show all 124 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 18 Yea · 15 Nay
Party YeaNayPresentNot Voting
Republican 18000
Democrat 01200
Unaffiliated 0300
Total 181500
% of votes cast 55%45%0%0%
How each member voted (33)
Member Party Vote
JOHNSON — Nay
DASSLER-ALFHEI — Nay
HABUSH SINYKIN — Nay
Carpenter, Tim Democrat Nay
Drake, Dora Democrat Nay
Hesselbein, Dianne Democrat Nay
Keyeski, Sarah Democrat Nay
Larson, Chris Democrat Nay
Pfaff, Brad Democrat Nay
Ratcliff, Melissa Democrat Nay
Roys, Kelda Democrat Nay
Smith, Jeff Democrat Nay
Spreitzer, Mark Democrat Nay
Wall, Jamie Democrat Nay
Wirch, Robert Democrat Nay
Bradley, Julian Republican Yea
Cabral-Guevara, Rachael Republican Yea
Felzkowski, Mary Republican Yea
Feyen, Dan Republican Yea
Hutton, Rob Republican Yea
Jacque, André Republican Yea
Jagler, John Republican Yea
James, Jesse Republican Yea
Kapenga, Chris Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Yea
Quinn, Romaine Republican Yea
Stafsholt, Rob Republican Yea
Testin, Patrick Republican Yea
Tomczyk, Cory Republican Yea
Wanggaard, Van Republican Yea
Wimberger, Eric Republican Yea

Official roll call →

Passed 53 Yea · 42 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 52000
Democrat 04101
Unaffiliated 1101
Total 534202
% of votes cast 55%43%0%2%
How each member voted (97)
Member Party Vote
JOHNSON — Nay
MOORE OMOKUNDE — Not Voting
SPEAKER — Yea
Anderson, Clinton Democrat Nay
Andraca, Deb Democrat Not Voting
Arney, Margaret Democrat Nay
Bare, Mike Democrat Nay
Billings, Jill Democrat Nay
Brown, Brienne Democrat Nay
Clancy, Ryan Democrat Nay
Cruz, Angelina Democrat Nay
DeSanto, Karen Democrat Nay
DeSmidt, Ben Democrat Nay
Doyle, Steve Democrat Nay
Emerson, Jodi Democrat Nay
Fitzgerald, Joan Democrat Nay
Goodwin, Russell Democrat Nay
Haywood, Kalan Democrat Nay
Hong, Francesca Democrat Nay
Hysell, Andrew Democrat Nay
Jacobson, Jenna Democrat Nay
Joers, Alex Democrat Nay
Kirsch, Karen Democrat Nay
Madison, Darrin Democrat Nay
Mayadev, Renuka Democrat Nay
McCarville, Maureen Democrat Nay
McGuire, Tip Democrat Nay
Neubauer, Greta Democrat Nay
Ortiz-Velez, Sylvia Democrat Nay
Palmeri, Lori Democrat Nay
Phelps, Christian Democrat Nay
Prado, Priscilla Democrat Nay
Rivera-Wagner, Amaad Democrat Nay
Roe, Ann Democrat Nay
Sheehan, Joe Democrat Nay
Sinicki, Christine Democrat Nay
Snodgrass, Lee Democrat Nay
Spaude, Ryan Democrat Nay
Stroud, Angela Democrat Nay
Stubbs, Shelia Democrat Nay
Subeck, Lisa Democrat Nay
Taylor, Sequanna Democrat Nay
Tenorio, Angelito Democrat Nay
Udell, Randy Democrat Nay
Vining, Robyn Democrat Nay
Allen, Scott Republican Yea
Armstrong, David Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Yea
Born, Mark Republican Yea
Brill, Lindee Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Donovan, Bob Republican Yea
Duchow, Cindi Republican Yea
Franklin, Benjamin Republican Yea
Goeben, Joy Republican Yea
Green, Chanz Republican Yea
Gundrum, Rick Republican Yea
Gustafson, Nate Republican Yea
Hurd, Karen Republican Yea
Jacobson, Brent Republican Yea
Kaufert, Dean Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Kreibich, Rob Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Maxey, Dave Republican Yea
Melotik, Paul Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Nedweski, Amanda Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
O'Connor, Jerry Republican Yea
Penterman, William Republican Yea
Petersen, Kevin Republican Yea
Piwowarczyk, Jim Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tucker, Duke Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 73 do?
An Act to create chapter 798 of the statutes;
Who sponsors AB 73?
AB 73 is sponsored by Jacque, Wimberger, Tusler, Ron (Republican), Jacobson, Brent (Republican), Brooks, Robert (Republican), Knodl, Daniel (Republican), Murphy, David (Republican), and O'Connor, Jerry (Republican).
What is the current status of AB 73?
This bill has been sent to the executive. Introduced February 24, 2025. It awaits signature.
Where can I track AB 73?
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