LRB-2034/1
TKK:jld
2017 - 2018 LEGISLATURE
February 15, 2017 - Introduced by Senators Stroebel, L. Taylor, Feyen,
Wanggaard, Nass, Craig, C. Larson, Darling, Lasee and Kapenga,
cosponsored by Representatives Thiesfeldt, Fields, Bernier, E. Brooks, R.
Brooks
, Considine, Duchow, Felzkowski, Gannon, Horlacher, Hutton,
Jacque, Jarchow, Kooyenga, Kremer, Krug, Kuglitsch, Kulp, Murphy,
Mursau, Nygren, Pronschinske, Ripp, Rodriguez, Rohrkaste, Sanfelippo,
Schraa, Sinicki, Skowronski, Snyder, Stuck and Tittl. Referred to
Committee on Economic Development, Commerce and Local Government.
SB42,1,4 1An Act to renumber and amend 38.12 (4), 59.14 (2), 62.11 (4) (a), 64.34 (1) and
2120.11 (4); to amend 61.32 and 985.05 (1); and to create 38.12 (4) (b), 59.14 (2)
3(b), 62.11 (4) (a) 2., 64.34 (1) (b) and 120.11 (4) (b) of the statutes; relating to:
4publication of proceedings of meetings held by certain governmental bodies.
Analysis by the Legislative Reference Bureau
This bill authorizes city councils and the boards of villages, counties, school
districts, and technical college districts to satisfy their legal obligation to publish the
proceedings of regular and special meetings by posting a copy of the proceedings in
a public place and electronically placing a copy of the proceedings on the Internet site
maintained by the respective governmental unit. Generally, proceedings are defined
as the substance of every official action taken by a local governing body at any
meeting of the governing body. With some exceptions, current law requires each of
these governmental units to publish proceedings of meetings held by the council or
board in a newspaper published in the jurisdiction.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB42,1 5Section 1. 38.12 (4) of the statutes is renumbered 38.12 (4) (a) and amended
6to read:
SB42,2,8
138.12 (4) (a) The Except as provided in par. (b), the proceedings of the district
2board meetings shall be published within 45 days after the meeting as a class 1
3notice, under ch. 985, in a newspaper published in the district. If no newspaper is
4published in the district, the proceedings may be publicized as the district board
5directs. The publication of the proceedings shall include a statement of receipts and
6expenditures in the aggregate. The district board shall make a detailed record of all
7receipts and expenditures available to the public for inspection at each district board
8meeting and upon request.
SB42,2 9Section 2. 38.12 (4) (b) of the statutes is created to read:
SB42,2,1510 38.12 (4) (b) In lieu of publishing the proceedings in a newspaper published in
11the district, the district board may post the proceedings, including a statement of
12receipts and expenditures in the aggregate, in at least one public place and place the
13same proceedings electronically on an Internet site maintained by the board. If the
14board elects to act under this paragraph, the board shall maintain the electronically
15placed proceedings on the Internet site for at least 3 years.
SB42,3 16Section 3. 59.14 (2) of the statutes is renumbered 59.14 (2) (a) and amended
17to read:
SB42,2,2218 59.14 (2) (a) The Except as provided in par. (b), the board shall, by ordinance
19or resolution, provide for publication in one or more newspapers in the county as a
20class 1 notice, under ch. 985, a certified copy of all its proceedings had at any meeting,
21regular or special; said publication to be completed within 60 days after the
22adjournment of each session.
SB42,4 23Section 4. 59.14 (2) (b) of the statutes is created to read:
SB42,3,524 59.14 (2) (b) In lieu of publishing the proceedings in a newspaper published in
25the county, the board may, by ordinance or resolution, provide for posting within 60

1days after the adjournment of each session of a certified copy of all its proceedings
2in at least one public place and for placing the same proceedings electronically on an
3Internet site maintained by the board. If the board elects to act under this
4paragraph, the board shall maintain the electronically placed proceedings on the
5Internet site for at least 3 years.
SB42,5 6Section 5. 61.32 of the statutes is amended to read:
SB42,4,15 761.32 Village board; meeting; salaries. The trustees of each village shall
8constitute a board designated the “Village Board of" (name of village) in which shall
9be vested all the powers of the village not specifically given some other officer. A
10majority of the members-elect shall constitute a quorum, but a less number may
11adjourn from time to time. The president shall preside at all meetings when present.
12In the president's absence the board may select another trustee to preside. Regular
13meetings shall be held at such time as may be prescribed by their bylaws. Special
14meetings may be called by any 2 trustees in writing, filed with the clerk, who shall
15thereupon seasonably notify all the trustees of the time and place thereof in the
16manner directed by the bylaws. All meetings shall be open to the public. The board
17shall keep a record of all its proceedings, and, except as provided in this section, if
18there is a newspaper published in any village, the board shall cause the proceedings
19to be published therein as a class 1 notice, under ch. 985. The proceedings for the
20purpose of publication shall include the substance of every official action taken by
21the governing body. In lieu of publishing the proceedings in a newspaper published
22in a village, the board may post the proceedings in at least one public place and place
23the same proceedings electronically on an Internet site maintained by the board. If
24the board elects to post the proceedings in a public place and place the proceedings
25electronically, the board shall maintain the electronically placed proceedings on the

1Internet site for at least 3 years.
If there is no newspaper published in the village,
2the board may cause the proceedings to be published in a newspaper having general
3circulation in the village, posted in several public places or publicized in some other
4fashion, in such manner as the board directs. Nothing herein shall be construed as
5requiring the republication of any proceeding, ordinance or other matter or thing
6which has already been published according to law, nor shall anything herein be
7construed to relieve any village from publishing any proceeding, ordinance or other
8matter or thing required by law to be published. Notwithstanding the provisions of
9s. 985.08 (4), the fee for any such publication shall not exceed the rates specified in
10s. 985.08 (1). The board has power to preserve order at its meetings, compel
11attendance of trustees and punish nonattendance and it shall be judge of the election
12and qualification of its members. The president and board of trustees of any village,
13whether operating under general or special law, may by a three-fourths vote of all
14the members of the village board determine that a salary be paid the president and
15trustees.
SB42,6 16Section 6. 62.11 (4) (a) of the statutes is renumbered 62.11 (4) (a) 1. and
17amended to read:
SB42,4,2518 62.11 (4) (a) 1. Proceedings Except as provided in subd. 2., proceedings of the
19council shall be published in the newspaper designated under s. 985.06 as a class 1
20notice, under ch. 985. The proceedings for the purpose of publication shall include
21the substance of every official action taken by the governing body. Except as provided
22in this subsection every ordinance shall be published either in its entirety, as a class
231 notice, under ch. 985, or as a notice, as described under par. (c) 2., within 15 days
24of passage, and shall take effect on the day after the publication or at a later date if
25expressly prescribed.
SB42,7
1Section 7. 62.11 (4) (a) 2. of the statutes is created to read:
SB42,5,62 62.11 (4) (a) 2. In lieu of publishing the proceedings of the council as provided
3in subd. 1., the council may post the proceedings in at least one public place and place
4the same proceedings electronically on an Internet site maintained by the council.
5If the council elects to act under this subdivision, the council shall maintain the
6electronically placed proceedings on the Internet site for at least 3 years.
SB42,8 7Section 8. 64.34 (1) of the statutes is renumbered 64.34 (1) (a) and amended
8to read:
SB42,5,239 64.34 (1) (a) The city comptroller shall each month prepare and present to the
10council a summary statement of the revenues and expenses of the city for the
11preceding month, detailed as to appropriations and funds, and arranged in standard
12form, together with a balance sheet statement of the current assets and current
13liabilities of such city at the close of such month. These summaries shall be
14accompanied by such detailed schedules as the council may by ordinance require.
15The Except as provided in par. (b), the full detailed acts and proceedings of the council
16at every general or special meeting thereof, including the full text of all reports filed
17and presented at such meeting, shall be published as a class 1 notice, under ch. 985,
18subsequent to the day of each such council meeting; and in. Except as provided in
19par. (b), in
the months of January, April, July, and October the council shall cause to
20be published as a class 1 notice, under ch. 985, detailed schedules of the receipts and
21disbursements of moneys for the 3 calendar months next preceding the month of such
22publication. The compensation to be paid for such publications shall not exceed the
23rate provided by law for the publication of legal notices.
SB42,9 24Section 9. 64.34 (1) (b) of the statutes is created to read:
SB42,6,11
164.34 (1) (b) In lieu of publishing the acts and proceedings of every general and
2special meeting of the council as provided under par. (a), the council may, subsequent
3to the day of the council meeting, post the acts and proceedings in at least one public
4place and place the same acts and proceedings electronically on an Internet site
5maintained by the council. In lieu of publishing the detailed schedules as provided
6in par. (a), the council may, in the months of January, April, July, and October, post
7the detailed schedules in at least one public place and place the same detailed
8schedules electronically on an Internet site maintained by the council. If the council
9elects to act under this paragraph, the council shall maintain the electronically
10placed acts, proceedings, and detailed schedules on the Internet site for at least 3
11years.
SB42,10 12Section 10. 120.11 (4) of the statutes is renumbered 120.11 (4) (a) and
13amended to read:
SB42,6,2414 120.11 (4) (a) The Except as provided in par. (b), the proceedings of a school
15board meeting shall be published within 45 days after the meeting as a class 1 notice,
16under ch. 985, in a newspaper published in the school district, if any, or publicized
17by school district-wide distribution prepared and directed by the school board and
18paid out of school funds. If there is no newspaper published in the school district, the
19proceedings shall be posted or published as the school board directs. For the purpose
20of publication, the proceedings shall include the substance of every official action
21taken by the school board at the meeting and a statement of receipts and
22expenditures in the aggregate. The school board shall make a detailed record of all
23receipts and expenditures available to the public for inspection at each regular school
24board meeting and upon request.
SB42,11 25Section 11. 120.11 (4) (b) of the statutes is created to read:
SB42,7,6
1120.11 (4) (b) In lieu of publishing the proceedings in a newspaper published
2in the school district, the school board may post the proceedings, as defined in par.
3(a), in at least one public place and place the same proceedings electronically on an
4Internet site maintained by the board. If the school board elects to act under this
5paragraph, the board shall maintain the electronically placed proceedings on the
6Internet site for at least 3 years.
SB42,12 7Section 12. 985.05 (1) of the statutes is amended to read:
SB42,7,228 985.05 (1) The governing body of every municipality not required to have an
9official newspaper may designate a newspaper published or having general
10circulation in the municipality and eligible under s. 985.03 as its official newspaper
11or utilize the same for specific notices. The governing body of such municipality may,
12in lieu of newspaper publication, direct other form of publication or posting under s.
13985.02 (2). Other publication or posting, however, shall not be substituted for
14newspaper publication in proceedings relating to: tax redemptions or sales of land
15acquired by the county or city authorized to act under s. 74.87 for delinquent taxes,
16charges or assessments; civil annexations, detachments, consolidations or
17incorporations under chs. 59 to 66; or legal notices directed to specific individuals.
18Posting may not be substituted for publication in school board elections conducted
19under s. 120.06 or publication under s. 60.80 (2) of town ordinances imposing
20forfeitures. If an eligible newspaper is published in the municipality, other
21publication or posting shall not be substituted for newspaper publication under s.
2261.32 or 61.50.
SB42,7,2323 (End)
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