AB582: Bill Text

LRB-2851/3

MES:wlj:sh

2007 - 2008 LEGISLATURE

2007 Assembly BILL 582

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 An Act to amend 59.10 (1) (b), 59.14 (1), 60.77 (5) (c), 60.77 (5m), 60.80 (1) (intro.), 61.50 (1), 61.50 (1m), 62.11 (4) (a) and 62.23 (7a) (b); and to create 59.14 (1m), 60.77 (5s), 60.80 (5), 61.50 (3) and 62.11 (4) (c) of the statutes; relating to: changing the requirements for the publication of certain actions taken by certain 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 Section 1. 59.10 (1) (b) of the statutes is amended to read:

AB582,2,12 59.10 (1) (b) Terms. The term of office of supervisors is 2 years. A board may determine whether the terms shall be concurrent or staggered. Supervisors shall be elected at the election to be held on the first Tuesday in April next preceding the expiration of their respective terms and shall take office on the 3rd Tuesday in April following their election. If the board determines that supervisors shall serve staggered terms, the board shall, by ordinance, provide for a division of supervisors into 2 classes, one class to be elected for one-half of a full term and the other class for a full term and thereafter the supervisors shall be elected for a full term. The board shall publish the ordinance as a class 1 notice, under ch. 985, or as a notice, as described under s. 59.14 (1m) (b), before publication of the notice of the election at which supervisors are to be elected.

AB582, s. 2 Section 2. 59.14 (1) of the statutes is amended to read:

AB582,2,18 59.14 (1) Whenever a board enacts an ordinance under this chapter the clerk shall immediately publish it the ordinance either in its entirety, as a class 1 notice, under ch. 985, or as a notice, as described under sub. (1m) (b); and the clerk shall procure and distribute copies of the ordinance to the several town clerks, who shall file it in their respective offices.

AB582, s. 3 Section 3. 59.14 (1m) of the statutes is created to read:

AB582,2,21 59.14 (1m) (a) In this subsection, "summary" means a brief, precise, and plain-language description that can be easily understood.

AB582,3,3 (b) A notice of an ordinance that may be published under this subsection shall be published as a class 1 notice under ch. 985 and shall contain at least all of the following:

AB582,3,4 1. The number and title of the ordinance.

AB582,3,5 2. The date of enactment.

AB582,3,6 3. A summary of the subject matter and main points of the ordinance.

AB582,3,10 4. Information as to where the full text of the ordinance may be obtained, including the phone number of the county clerk, a street address where the full text of the ordinance may be viewed, and a Web site, if any, at which the ordinance may be accessed.

AB582, s. 4 Section 4. 60.77 (5) (c) of the statutes is amended to read:

AB582,3,14 60.77 (5) (c) Issue rules or orders, which shall be published either in their entirety, as a class 1 notice under ch. 985, or as a notice, as described under sub. (5s) (b).

AB582, s. 5 Section 5. 60.77 (5m) of the statutes is amended to read:

AB582,3,19 60.77 (5m) Authority to enact ordinances. The commission may enact and enforce ordinances to implement the powers listed under sub. (5). The ordinances shall be published either in their entirety, as a class 1 notice under ch. 985, or as a notice, as described under sub. (5s) (b).

AB582, s. 6 Section 6. 60.77 (5s) of the statutes is created to read:

AB582,3,22 60.77 (5s) Requirements for notice. (a) In this subsection, "summary" has the meaning given in s. 59.14 (1m) (a).

AB582,3,25 (b) A notice of an ordinance, rule, or order that may be published under this subsection shall be published as a class 1 notice under ch. 985 and shall contain at least all of the following:

AB582,4,1 1. The number and title of the ordinance, rule, or order.

AB582,4,2 2. The date of enactment.

AB582,4,4 3. A summary of the subject matter and main points of the ordinance, rule, or order.

AB582,4,8 4. Information as to where the full text of the ordinance, rule, or order may be obtained, including the phone number of the commission's secretary, a street address where the full text of the ordinance, rule, or order may be viewed, and a Web site, if any, at which the ordinance, rule, or order may be accessed.

AB582, s. 7 Section 7. 60.80 (1) (intro.) of the statutes is amended to read:

AB582,4,13 60.80 (1) General requirement. (intro.) The town clerk shall publish either in its entirety, as a class 1 notice under ch. 985, or as a notice, as described under sub. (5) (b), or post in at least 3 places in the town likely to give notice to the public, the following, within 30 days after passage or adoption:

AB582, s. 8 Section 8. 60.80 (5) of the statutes is created to read:

AB582,4,16 60.80 (5) Requirements for notice. (a) In this subsection, "summary" has the meaning given in s. 59.14 (1m) (a).

AB582,4,19 (b) A notice of a resolution, motion, ordinance, or action that may be published under this subsection shall be published as a class 1 notice under ch. 985 and shall contain at least all of the following:

AB582,4,20 1. The number and title of the resolution, motion, ordinance, or action.

AB582,4,21 2. The date of enactment.

AB582,4,23 3. A summary of the subject matter and main points of the resolution, motion, ordinance, or action.

AB582,5,3 4. Information as to where the full text of the resolution, motion, ordinance, or action may be obtained, including the phone number of the town clerk, a street address where the full text of the resolution, motion, ordinance, or action may be viewed, and a Web site, if any, at which the resolution, motion, ordinance, or action may be accessed.

AB582, s. 9 Section 9. 61.50 (1) of the statutes is amended to read:

AB582,5,17 61.50 (1) Publication of notice of ordinances. Every contract, conveyance, commission, license or other written instrument shall be executed on the part of the village by the president and clerk, sealed with corporate seal, and in pursuance only of authority therefor from the village board. All ordinances and bylaws shall be signed by the president and countersigned by the clerk; and, if any penalty or forfeiture is thereby imposed, the ordinance or bylaw shall be published either in its entirety, as a class 1 notice, under ch. 985, or as a notice, as described under sub. (3) (b), and shall take effect on the day after its the publication or a later date if expressly prescribed. If there is no newspaper published in the village, the village board may in lieu of newspaper publication have copies of said the ordinances and bylaws posted in at least 3 public places in said village, and proof thereof filed and recorded by the village clerk, and the same shall take effect the day after the proof of posting has been filed and recorded, or at a later date if expressly provided in the ordinance or bylaw.