2015 - 2016 LEGISLATURE
April 23, 2015 - Introduced by Senators Marklein,
Olsen, Bewley, Nass and
Harsdorf, cosponsored by Representatives Spiros,
Jacque, Kulp, Bowen, Stuck, Kitchens, Horlacher, Tittl, Doyle, Knodl, T.
Larson, Weatherston, Kerkman, Ripp, Kremer, Murtha, Kapenga, Murphy
and Quinn. Referred to Committee on Elections and Local Government.
1An Act to amend
985.01 (7), 985.02 (2) (a), 985.02 (2) (b), 985.02 (2) (c), 985.02 2
(3) and 985.08 (1) of the statutes;
relating to: publication of certain legal
3notices on an Internet site maintained by a municipality.
Analysis by the Legislative Reference Bureau
Under current law, certain legal notices are required by statute or by an order
of a court to be published. Legal notices are generally published in a newspaper
likely to give notice in the area or to the persons affected. Current law also allows
certain municipalities to opt to post certain legal notices in lieu of publishing the
notices in a newspaper, if the municipality meets statutory requirements regarding
timing and placement of the notices.
Under current law, the municipality must post the notice in at least three public
places likely to give notice to persons affected, and must post a notice that would be
published before the act or event requiring notice no later than the time specified for
the first newspaper publication or, if the notice would be published after the act or
event requiring notice, must post the notice within one week after the act or event.
Under this bill, a municipality that opts to post a legal notice in lieu of
publication may, instead of posting the notice in three public places, post the notice
in one public place and publish the notice on the municipality's Internet site.
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:
985.01 (7) of the statutes is amended to read:
"Wisconsin newspapers legal notices
site" means an 3
site maintained by Wisconsin newspapers for the purpose of providing 4
and maintaining an electronic version of printed and published legal notices.
985.02 (2) (a) of the statutes is amended to read:
(a) The notice must be posted in at least 3 public places likely to give 7
notice to persons affected or must be posted in at least one public place likely to give
8notice to persons affected and placed electronically on an Internet site maintained
9by the municipality
985.02 (2) (b) of the statutes is amended to read:
(b) The notice posted before the act or event requiring notice shall 12
be posted and, if applicable, placed electronically,
no later than the time specified for 13
the first newspaper publication.
985.02 (2) (c) of the statutes is amended to read:
(c) The notice posted after the act or event requiring notice shall be 16
posted and, if applicable, placed electronically,
within one week after the act or event. 17
Actions of governing bodies posted after the act or event shall be effective upon 18
985.02 (3) of the statutes is amended to read:
The newspaper that publishes a legal notice shall, in addition to 2
newspaper publication, place an electronic copy of the legal notice at no additional 3
charge on the Wisconsin newspapers legal notice Web
985.08 (1) of the statutes is amended to read:
The fee for publishing a legal notice shall be not more than the rate 6
issued by the department of administration for the first and subsequent insertions 7
per standard line. The charge for the publication of a facsimile ballot shall be 8
computed as if the area occupied by the ballot were set in standard lines. If a legal 9
notice contains tabulated matter, then the fees allowable for the area containing such 10
matter shall be increased 50% of the standard line base rate without adjustment for 11
circulation premium. Composed matter shall be interpreted as being tabular when 12
it contains 2 or more justifications per line. The standard line rate shall be reviewed 13
annually, the adjustment, if any, to be effective on January 1 of each year to reflect 14
the relevant change in costs of the newspaper publishing industry during the 15
previous year, as determined by the department of administration in consultation 16
with representatives of the daily and weekly newspaper industry of the state. In 17
making the determination the department shall base the standard line rate upon the 18
factors of wage and independent indices of newsprint costs in the proportions 19
determined by the department to be proper. No additional fee may be charged for 20
placing a legal notice on the Wisconsin newspapers legal notice Web notices Internet 21
site pursuant to s. 985.02 (3).