LRB-2851/3
MES:wlj:sh
2007 - 2008 LEGISLATURE
November 19, 2007 - Introduced by Representatives Gottlieb, LeMahieu, Hixson,
Hintz, Turner, Hahn, Lothian, Musser, Sheridan, Bies, Parisi, Steinbrink,
Roth, Kerkman, Murtha, Owens, Ballweg, Newcomer, A. Ott, Vos, Honadel,
Strachota, Petrowski and Mursau, cosponsored by Senators Lassa,
Roessler, Lehman, Schultz, Olsen, Kedzie, Grothman, Breske, Plale,
Erpenbach and Cowles. Referred to Committee on State Affairs.
AB582,1,5
1An Act to amend 59.10 (1) (b), 59.14 (1), 60.77 (5) (c), 60.77 (5m), 60.80 (1)
2(intro.), 61.50 (1), 61.50 (1m), 62.11 (4) (a) and 62.23 (7a) (b); and
to create 59.14
3(1m), 60.77 (5s), 60.80 (5), 61.50 (3) and 62.11 (4) (c) of the statutes;
relating
4to: changing the requirements for the publication of certain actions taken by
5certain local governments.
Analysis by the Legislative Reference Bureau
Generally under current law, the complete text of an ordinance that is enacted
by a city, village, town, county, or town sanitary district (local governmental unit)
must be published in a local newspaper. If no newspaper exists in a village, however,
the ordinance may be posted in at least three public places in the village. Towns may
also post ordinances in the same manner.
Under this bill, a local governmental unit may continue to publish the complete
text of an enacted ordinance, or the local governmental unit may publish a notice of
the ordinance in a local newspaper. The notice must contain at least all of the
following information:
1. The number and title of the ordinance.
2. The enactment date of the ordinance.
3. A summary of the ordinance, which shall be a brief, precise, and
plain-language description that can be easily understood.
4. Information about where the full text of the ordinance may be obtained.
The bill makes no change to current law regarding the posting of ordinances in
villages or towns.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB582, s. 1
1Section
1. 59.10 (1) (b) of the statutes is amended to read:
AB582,2,122
59.10
(1) (b)
Terms. The term of office of supervisors is 2 years. A board may
3determine whether the terms shall be concurrent or staggered. Supervisors shall be
4elected at the election to be held on the first Tuesday in April next preceding the
5expiration of their respective terms and shall take office on the 3rd Tuesday in April
6following their election. If the board determines that supervisors shall serve
7staggered terms, the board shall, by ordinance, provide for a division of supervisors
8into 2 classes, one class to be elected for one-half of a full term and the other class
9for a full term and thereafter the supervisors shall be elected for a full term. The
10board shall publish the ordinance as a class 1 notice, under ch. 985,
or as a notice,
11as described under s. 59.14 (1m) (b), before publication of the notice of the election
12at which supervisors are to be elected.
AB582, s. 2
13Section
2. 59.14 (1) of the statutes is amended to read:
AB582,2,1814
59.14
(1) Whenever a board enacts an ordinance under this chapter the clerk
15shall immediately publish
it the ordinance either in its entirety, as a class 1 notice,
16under ch. 985
, or as a notice, as described under sub. (1m) (b); and the clerk shall
17procure and distribute copies of the ordinance to the several town clerks, who shall
18file it in their respective offices.
AB582, s. 3
19Section
3. 59.14 (1m) of the statutes is created to read:
AB582,2,2120
59.14
(1m) (a) In this subsection, "summary" means a brief, precise, and
21plain-language description that can be easily understood.
AB582,3,3
1(b) A notice of an ordinance that may be published under this subsection shall
2be published as a class 1 notice under ch. 985 and shall contain at least all of the
3following:
AB582,3,44
1. The number and title of the ordinance.
AB582,3,55
2. The date of enactment.
AB582,3,66
3. A summary of the subject matter and main points of the ordinance.
AB582,3,107
4. Information as to where the full text of the ordinance may be obtained,
8including the phone number of the county clerk, a street address where the full text
9of the ordinance may be viewed, and a Web site, if any, at which the ordinance may
10be accessed.
AB582, s. 4
11Section
4. 60.77 (5) (c) of the statutes is amended to read:
AB582,3,1412
60.77
(5) (c) Issue rules or orders, which shall be published
either in their
13entirety, as a class 1 notice under ch. 985
, or as a notice, as described under sub. (5s)
14(b).
AB582, s. 5
15Section
5. 60.77 (5m) of the statutes is amended to read:
AB582,3,1916
60.77
(5m) Authority to enact ordinances. The commission may enact and
17enforce ordinances to implement the powers listed under sub. (5). The ordinances
18shall be published
either in their entirety, as a class 1 notice under ch. 985
, or as a
19notice, as described under sub. (5s) (b).
AB582, s. 6
20Section
6. 60.77 (5s) of the statutes is created to read:
AB582,3,2221
60.77
(5s) Requirements for notice. (a) In this subsection, "summary" has
22the meaning given in s. 59.14 (1m) (a).
AB582,3,2523
(b) A notice of an ordinance, rule, or order that may be published under this
24subsection shall be published as a class 1 notice under ch. 985 and shall contain at
25least all of the following:
AB582,4,1
11. The number and title of the ordinance, rule, or order.
AB582,4,22
2. The date of enactment.
AB582,4,43
3. A summary of the subject matter and main points of the ordinance, rule, or
4order.
AB582,4,85
4. Information as to where the full text of the ordinance, rule, or order may be
6obtained, including the phone number of the commission's secretary, a street address
7where the full text of the ordinance, rule, or order may be viewed, and a Web site, if
8any, at which the ordinance, rule, or order may be accessed.
AB582, s. 7
9Section
7. 60.80 (1) (intro.) of the statutes is amended to read:
AB582,4,1310
60.80
(1) General requirement. (intro.) The town clerk shall publish
either
11in its entirety, as a class 1 notice under ch. 985,
or as a notice, as described under sub.
12(5) (b), or post in at least 3 places in the town likely to give notice to the public, the
13following, within 30 days after passage or adoption:
AB582, s. 8
14Section
8. 60.80 (5) of the statutes is created to read:
AB582,4,1615
60.80
(5) Requirements for notice. (a) In this subsection, "summary" has the
16meaning given in s. 59.14 (1m) (a).
AB582,4,1917
(b) A notice of a resolution, motion, ordinance, or action that may be published
18under this subsection shall be published as a class 1 notice under ch. 985 and shall
19contain at least all of the following:
AB582,4,2020
1. The number and title of the resolution, motion, ordinance, or action.
AB582,4,2121
2. The date of enactment.
AB582,4,2322
3. A summary of the subject matter and main points of the resolution, motion,
23ordinance, or action.
AB582,5,324
4. Information as to where the full text of the resolution, motion, ordinance, or
25action may be obtained, including the phone number of the town clerk, a street
1address where the full text of the resolution, motion, ordinance, or action may be
2viewed, and a Web site, if any, at which the resolution, motion, ordinance, or action
3may be accessed.
AB582, s. 9
4Section
9. 61.50 (1) of the statutes is amended to read:
AB582,5,175
61.50
(1) Publication of notice of ordinances. Every contract, conveyance,
6commission, license or other written instrument shall be executed on the part of the
7village by the president and clerk, sealed with corporate seal, and in pursuance only
8of authority therefor from the village board. All ordinances and bylaws shall be
9signed by the president and countersigned by the clerk; and, if any penalty or
10forfeiture is thereby imposed,
the ordinance or bylaw shall be published
either in its
11entirety, as a class 1 notice, under ch. 985
, or as a notice, as described under sub. (3)
12(b), and shall take effect on the day after
its
the publication or a later date if expressly
13prescribed. If there is no newspaper published in the village, the village board may
14in lieu of newspaper publication have copies of
said
the ordinances and bylaws posted
15in at least 3 public places in said village, and proof thereof filed and recorded by the
16village clerk, and the same shall take effect the day after the proof of posting has been
17filed and recorded, or at a later date if expressly provided in the ordinance or bylaw.
AB582, s. 10
18Section
10. 61.50 (1m) of the statutes is amended to read:
AB582,5,2219
61.50
(1m) Indeterminate publication. When any village ordinance is
20required by law to be published without express designation therein as to class of
21notice,
it the ordinance shall be published
either in its entirety, as a class 1 notice
22under ch. 985
, or as a notice, as described under sub. (3) (b).