SB 75

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.