AB112: Bill Text

LRB-0134/1

SWB:cjs

2019 - 2020 LEGISLATURE

2019 Assembly BILL 112

March 22, 2019 - Introduced by Representatives Kitchens, Duchow, Kulp, Loudenbeck, Murphy, Mursau, Novak, Rohrkaste, Skowronski, Spreitzer, Steffen, Subeck and Tusler, cosponsored by Senators Jacque, Cowles and Olsen. Referred to Committee on Judiciary.

AB112,1,4 An Act to amend 985.01 (3r) and 985.12 (1) of the statutes; relating to: eligibility of Washington Island Observer newspaper to receive compensation for publication of legal notices and the content of affidavits of printing filed as evidence of publication.

Analysis by the Legislative Reference Bureau

This bill incorporates the Washington Island Observer newspaper into the definition of newspaper for purposes of eligibility to receive compensation for publishing legal notices. Under current law, a newspaper is defined, with certain exceptions, as a publication that is published at regular intervals and at least once a week, containing, on average, 25 percent news content per issue, including reports of happenings of recent occurrence of a varied character, such as political, social, moral and religious subjects, designed to inform the general reader. In addition to meeting other criteria, a publication must be a newspaper as defined in the statutes in order to qualify to receive compensation for publication of legal notices. This bill incorporates the Washington Island Observer, published at least two times a month, into the definition of newspaper.

Also, current law provides that in order for an affidavit of printing to be received as presumptive evidence of publication of a legal notice and of the facts stated in the affidavit, the affidavit must include a copy of the legal notice clipped from the newspaper and must specify the date of each insertion and the paper in which it was published. This bill specifies that the copy of the notice included with the affidavit of printing may be clipped from the newspaper in either hard copy or electronic format.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB112,1 Section 1. 985.01 (3r) of the statutes is amended to read:

AB112,2,11 985.01 (3r) “Newspaper” means a publication that is published at regular intervals and, except as otherwise provided in this subsection, at least once a week, containing, on average, 25 percent news content per issue, including reports of happenings of recent occurrence of a varied character, such as political, social, moral and religious subjects, designed to inform the general reader. “Newspaper” includes a daily newspaper published in a county having a population of 750,000 or more, devoted principally to business news and publishing of records, which has been designated by the courts of record of the county for publication of legal notices for a period of 6 months or more. “Newspaper” also includes a newspaper published in the town of Washington, Door County, at least 2 times a month.

AB112,2 Section 2 . 985.12 (1) of the statutes is amended to read:

AB112,2,18 985.12 (1) Affidavit of printing. The affidavit of the editor, publisher, printer or proprietor of any newspaper, or of his or her foreman or principal clerk, of the publication of any legal notice, annexed to a copy of the notice clipped from the newspaper in either hard copy or electronic format, and specifying the date of each insertion, and the paper in which it was published, shall be received in all cases as presumptive evidence of the publication and of the facts stated therein.

AB112,2,19 (End)