SB627,1
1Section
1. 985.01 (1b) of the statutes is created to read:
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985.01
(1b) “Bona fide paid circulation” means the paid circulation of a
3newspaper that satisfies all of the following:
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(a) The publisher of the newspaper sells 50 percent or more of the circulation
5of the newspaper.
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1(b) The publisher of the newspaper has actual subscribers at each publication
2of not less than 1,000 copies in 1st and 2nd class cities or 300 copies in 3rd and 4th
3class cities, villages, or towns.
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4Section
2. 985.01 (3g) of the statutes is created to read:
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985.01
(3g) “News content” means written information and images, other than
6advertisements, that are printed in a publication.
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7Section
3. 985.01 (5) of the statutes is amended to read:
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985.01
(5) A newspaper is “published" at the place from which its mailing
9permit is issued, except that if the place where the newspaper has its major
10concentration of circulation has no primary post office, then at the place it shall
11designate as its place of publication in the affidavit required by s. 985.03
(2) (1) (cm),
12but no newspaper shall have more than one place of publication during the same
13period of time.
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14Section
4. 985.02 (1) of the statutes is amended to read:
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985.02
(1) Except as otherwise provided by law, a legal notice shall be published
16in a newspaper likely to give notice in the area or to the person affected. Whenever
17the law requires publication in a newspaper published in a designated municipality
18or area and no newspaper
that satisfies the requirements under s. 985.03 (1) (a) or
19(am) is published therein
, publication shall be made in a newspaper likely to give
20notice.
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21Section
5. 985.03 (1) (a) (intro.) of the statutes is amended to read:
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985.03
(1) (a) (intro.)
No
Except as provided in par. (am), no publisher of any
23newspaper in this state shall be awarded or be entitled to any compensation or fee
24for the publishing of any legal notice unless
, for at least 2 of the 5 years immediately
25before the date of the notice publication, the newspaper
has been published regularly
1and continuously in the city, village or town where published, and has had a bona fide
2paid circulation
and one of the following applies:
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3Section
6. 985.03 (1) (a) 1. of the statutes is repealed.
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4Section
7. 985.03 (1) (a) 1m. of the statutes is created to read:
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985.03
(1) (a) 1m. For at least 2 of the 5 years immediately before the date of
6the publication of the notice, the newspaper has been published regularly and
7continuously in the city, village, or town where published.
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8Section
8. 985.03 (1) (a) 2. of the statutes is repealed.
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9Section
9. 985.03 (1) (a) 2m. of the statutes is created to read:
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985.03
(1) (a) 2m. The newspaper is a successor to a newspaper described in
11subd. 1m. and the successor newspaper has resumed publication following
12succession within 30 days.
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13Section
10. 985.03 (1) (a) 3. of the statutes is created to read:
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985.03
(1) (a) 3. The newspaper has merged or consolidated with one or more
15newspapers and one of the newspapers subject to the consolidation or merger has
16been continuously published at regular intervals of at least once each week for at
17least 50 issues each year for at least one year prior to the first publication of the
18notice.
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19Section
11. 985.03 (1) (am) of the statutes is created to read:
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985.03
(1) (am) If there is not a newspaper in a city, village, or town that
21satisfies the requirements under par. (a), the publisher of a newspaper that satisfies
22all of the following may be awarded or be entitled to compensation or a fee for the
23publishing of a legal notice:
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11. The newspaper is published regularly and continuously in the city, village,
2or town and publishing in the newspaper is likely to give notice in the area or to the
3affected person.
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2. The newspaper is otherwise qualified under this section.
SB627,12
5Section
12. 985.03 (1) (c) of the statutes is renumbered 985.01 (3r) and
6amended to read:
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985.01
(3r) A newspaper, under this chapter, is “Newspaper” means a
8publication that is published at regular intervals and at least once a week,
9containing
, on average, 25 percent news content per issue, including reports of
10happenings of recent occurrence of a varied character, such as political, social, moral
11and religious subjects, designed to inform the general reader.
The definition 12“Newspaper” includes a daily newspaper published in a county having a population
13of 500,000 or more, devoted principally to business news and publishing of records,
14which has been designated by the courts of record of the county for publication of
15legal notices for a period of 6 months or more.
SB627,13
16Section
13. 985.03 (1) (cm) of the statutes is created to read:
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985.03
(1) (cm) A newspaper in order to be eligible under this section shall also
18file a certificate with the county clerk stating that it qualifies under this section and
19stating its place of publication.
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20Section
14. 985.03 (2) of the statutes is amended to read:
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985.03
(2) Any person charged with the duty of causing legal notices to be
22published, and who causes any legal notice
, to be published in any newspaper not
23eligible to so publish under the requirements of sub. (1), or who fails to cause such
24legal notice to be published in any newspaper eligible under this section, may be
25fined not to exceed $100 for each offense. Each day in which a legal notice should
1have been but was not published as required by law shall constitute a separate
2offense hereunder.
A newspaper in order to be eligible under this section shall also
3file a certificate with the county clerk stating that it qualifies under this section and
4stating its place of publication.