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LRBs0167/1
TKK:jld&ahe
2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 70
November 8, 2017 - Offered by Representatives Thiesfeldt and Steffen.
AB70-ASA1,1,5 1An Act to renumber and amend 38.12 (4), 59.14 (2), 61.32, 62.11 (4) (a), 64.34
2(1) and 120.11 (4); to amend 985.05 (1); and to create 38.12 (4) (b), 59.14 (2)
3(b), 61.32 (2), 62.11 (4) (a) 2., 64.34 (1) (b) and 120.11 (4) (b) of the statutes;
4relating to: publication of proceedings of meetings held by certain
5governmental bodies.
Analysis by the Legislative Reference Bureau
This substitute amendment authorizes city councils and the boards of villages,
counties, school districts, and technical college districts to satisfy their legal
obligation to publish the proceedings of regular and special meetings by posting a
copy of the proceedings in a public place, electronically placing a copy of the
proceedings on the Internet site maintained by the respective governmental unit,
and transmitting a copy to the newspaper designated by the governmental unit or
likely to give notice in the territory of the governmental unit. Generally, proceedings
are defined as the substance of every official action taken by a local governing body
at any meeting of the governing body. With some exceptions, current law requires
each of these governmental units to publish proceedings of meetings held by the
council or board in a newspaper published in the jurisdiction.

Under the substitute amendment, before the governmental unit may
discontinue publication in a newspaper, the governmental unit must do the
following:
1. Provide 180 days' notice to the newspaper.
2. Publish two separate notices in the newspaper indicating that it will
discontinue publication in the newspaper and will instead post, electronically place,
and transmit the proceedings. The governmental unit may discontinue publication
of its proceedings 30 days after the second notice required under this provision.
3. Establish an electronic notification service to notify interested individuals
and organizations in the governmental unit each time the proceedings are posted,
electronically placed, and transmitted. The governmental unit must have at least
as many individuals and organizations receiving electronic notices as the bona fide
paid circulation of the newspaper in which the governmental unit publishes its
proceedings. Current law defines a newspaper's “bona fide paid circulation” as a paid
circulation “that has constituted 50 percent or more of its circulation, and that has
had actual subscribers at each publication of not less than 1,000 copies in 1st and 2nd
class cities, or 300 copies if in 3rd and 4th class cities, villages or towns.”
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB70-ASA1,1 1Section 1. 38.12 (4) of the statutes is renumbered 38.12 (4) (a) and amended
2to read:
AB70-ASA1,2,103 38.12 (4) (a) The Except as provided in par. (b), the proceedings of the district
4board meetings shall be published within 45 days after the meeting as a class 1
5notice, under ch. 985, in a newspaper published in the district. If no newspaper is
6published in the district, the proceedings may be publicized as the district board
7directs. The publication of the proceedings shall include a statement of receipts and
8expenditures in the aggregate. The district board shall make a detailed record of all
9receipts and expenditures available to the public for inspection at each district board
10meeting and upon request.
AB70-ASA1,2 11Section 2. 38.12 (4) (b) of the statutes is created to read:
AB70-ASA1,3,612 38.12 (4) (b) In lieu of publishing the proceedings in a newspaper published in
13the district, the district board may post the proceedings, including a statement of

1receipts and expenditures in the aggregate, in at least one public place, place the
2same proceedings electronically on an Internet site maintained by the board, and
3transmit an electronic copy of the same proceedings to the official newspaper
4designated by the district under ch. 985 or, if there is no official newspaper, to a
5newspaper likely to give notice in the district. If the board elects to act under this
6paragraph, the board shall do all of the following:
AB70-ASA1,3,87 1. If there is a newspaper published in the district or if the district board has
8designated an official newspaper, do all of the following:
AB70-ASA1,3,109 a. Provide 180 days notice to the newspaper of its intention to act under this
10paragraph.
AB70-ASA1,3,1511 b. Provide a class 2 notice, under ch. 985, in the newspaper prior to first posting
12the proceedings in at least one public place and placing and transmitting the
13proceedings electronically as permitted under this paragraph. The district board
14may not begin posting and electronic placement under this paragraph until 30 days
15after the last insertion required under this subd. 1. b.
AB70-ASA1,4,316 c. Establish an electronic notification service to notify interested individuals
17and organizations in the district each time proceedings are posted in a public place
18and placed and transmitted electronically. The district board may not begin posting
19and electronic placement and transmittal under this paragraph until the number of
20individuals and organizations that will receive electronic notices under the service
21is equal to or greater than the bona fide paid circulation of the newspaper published
22in the district or designated by the board. If, after the board has commenced posting
23and electronic placement and transmittal, the number of individuals and
24organizations that are receiving electronic notices decreases below the bona fide paid
25circulation of the official newspaper published in the district or designated by the

1board, the board may nevertheless continue to post and electronically place and
2transmit proceedings as permitted under this paragraph. In this subd. 1. c., bona fide
3paid circulation has the meaning given in s. 985.03 (1) (a).
AB70-ASA1,4,54 2. Maintain the proceedings placed electronically on the district board's
5Internet site for at least 3 years.
AB70-ASA1,3 6Section 3. 59.14 (2) of the statutes is renumbered 59.14 (2) (a) and amended
7to read:
AB70-ASA1,4,128 59.14 (2) (a) The Except as provided in par. (b), the board shall, by ordinance
9or resolution, provide for publication in one or more newspapers in the county as a
10class 1 notice, under ch. 985, a certified copy of all its proceedings had at any meeting,
11regular or special; said publication to be completed within 60 days after the
12adjournment of each session.
AB70-ASA1,4 13Section 4. 59.14 (2) (b) of the statutes is created to read:
AB70-ASA1,4,2114 59.14 (2) (b) In lieu of publishing the proceedings in a newspaper published in
15the county, the board may, by ordinance or resolution, provide for posting within 60
16days after the adjournment of each session of a certified copy of all its proceedings
17in at least one public place, for placing the same proceedings electronically on an
18Internet site maintained by the board, and for transmitting an electronic copy of the
19same proceedings to the official newspaper designated by the county under ch. 985
20or, if there is no official newspaper, to a newspaper likely to give notice in the county.
21If the board elects to act under this paragraph, the board shall do all of the following:
AB70-ASA1,4,2422 1. Provide 180 days notice to the newspaper or newspapers designated by the
23board by ordinance or resolution for publication of its proceedings of its intention to
24act under this paragraph.
AB70-ASA1,5,6
12. Prior to first posting the proceedings in at least one public place and placing
2and transmitting the proceedings electronically as permitted under this paragraph,
3provide a class 2 notice, under ch. 985, in the newspaper or newspapers identified
4under subd. 1. The board may not begin posting and electronic placement and
5transmittal under this paragraph until 30 days after the last insertion required
6under this subdivision.
AB70-ASA1,5,197 3. Establish an electronic notification service to notify interested individuals
8and organizations in the county each time proceedings are posted in a public place
9and placed and transmitted electronically. The board may not begin posting and
10electronic placement and transmittal under this paragraph until the number of
11individuals and organizations that will receive electronic notices under the service
12is equal to or greater than the bona fide paid circulation of a newspaper identified
13under subd. 1. If, after the board has commenced posting and electronic placement
14and transmittal, the number of individuals and organizations that are receiving
15electronic notices decreases below the bona fide paid circulation of a newspaper
16identified under subd. 1., the board may nevertheless continue to post and
17electronically place and transmit proceedings as permitted under this paragraph.
18In this subdivision, bona fide paid circulation has the meaning given in s. 985.03 (1)
19(a).
AB70-ASA1,5,2120 4. Maintain the proceedings placed electronically on the board's Internet site
21for at least 3 years.
AB70-ASA1,5 22Section 5. 61.32 of the statutes is renumbered 61.32 (1) and amended to read:
AB70-ASA1,6,2523 61.32 (1) The trustees of each village shall constitute a board designated the
24“Village Board of" (name of village) in which shall be vested all the powers of the
25village not specifically given some other officer. A majority of the members-elect

1shall constitute a quorum, but a less number may adjourn from time to time. The
2president shall preside at all meetings when present. In the president's absence the
3board may select another trustee to preside. Regular meetings shall be held at such
4time as may be prescribed by their bylaws. Special meetings may be called by any
52 trustees in writing, filed with the clerk, who shall thereupon seasonably notify all
6the trustees of the time and place thereof in the manner directed by the bylaws. All
7meetings shall be open to the public. The board shall keep a record of all its
8proceedings, and, except as provided in sub. (2), if there is a newspaper published in
9any village, the board shall cause the proceedings to be published therein as a class
101 notice, under ch. 985. The proceedings for the purpose of publication shall include
11the substance of every official action taken by the governing body. If there is no
12newspaper published in the village, the board may cause the proceedings to be
13published in a newspaper having general circulation in the village, posted in several
14public places or publicized in some other fashion, in such manner as the board
15directs. Nothing herein shall be construed as requiring the republication of any
16proceeding, ordinance or other matter or thing which has already been published
17according to law, nor shall anything herein be construed to relieve any village from
18publishing any proceeding, ordinance or other matter or thing required by law to be
19published. Notwithstanding the provisions of s. 985.08 (4), the fee for any such
20publication shall not exceed the rates specified in s. 985.08 (1). The board has power
21to preserve order at its meetings, compel attendance of trustees and punish
22nonattendance and it shall be judge of the election and qualification of its members.
23The president and board of trustees of any village, whether operating under general
24or special law, may by a three-fourths vote of all the members of the village board
25determine that a salary be paid the president and trustees.
AB70-ASA1,6
1Section 6. 61.32 (2) of the statutes is created to read:
AB70-ASA1,7,92 61.32 (2) If there is a newspaper published in the village, in lieu of publishing
3the proceedings in that newspaper, the board may post the proceedings in at least
4one public place, place the same proceedings electronically on an Internet site
5maintained by the board, and transmit an electronic copy of the same proceedings
6to the official newspaper designated by the village under ch. 985 or, if there is no
7official newspaper, to a newspaper likely to give notice in the village. If the board
8elects to post the proceedings in a public place and place and transmit the
9proceedings electronically, the board shall do all of the following:
AB70-ASA1,7,1110 (a) Provide 180 days notice to the newspaper of its intention to act under this
11subsection.
AB70-ASA1,7,1612 (b) Provide a class 2 notice, under ch. 985, in the newspaper prior to first posting
13the proceedings in at least one public place and placing and transmitting the
14proceedings electronically as permitted under this subsection. The board may not
15begin posting and electronic placement and transmittal under this subsection until
1630 days after the last insertion required under this paragraph.
AB70-ASA1,8,417 (c) Establish an electronic notification service to notify interested individuals
18and organizations in the village each time proceedings are posted in a public place
19and placed and transmitted electronically. The board may not begin posting and
20electronic placement and transmittal under this subsection until the number of
21individuals and organizations that will receive electronic notices under the service
22is equal to or greater than the bona fide paid circulation of the newspaper published
23in the village. If, after the board has commenced posting and electronic placement
24and transmittal, the number of individuals and organizations that are receiving
25electronic notices decreases below the bona fide paid circulation of the newspaper

1published in the village, the board may nevertheless continue to post and
2electronically place and transmit proceedings as permitted under this subsection.
3In this paragraph, bona fide paid circulation has the meaning given in s. 985.03 (1)
4(a).
AB70-ASA1,8,65 (d) Maintain the proceedings placed electronically on the board's Internet site
6for at least 3 years.
AB70-ASA1,7 7Section 7 . 62.11 (4) (a) of the statutes is renumbered 62.11 (4) (a) 1. and
8amended to read:
AB70-ASA1,8,169 62.11 (4) (a) 1. Proceedings Except as provided in subd. 2., proceedings of the
10council shall be published in the newspaper designated under s. 985.06 as a class 1
11notice, under ch. 985. The proceedings for the purpose of publication shall include
12the substance of every official action taken by the governing body. Except as provided
13in this subsection every ordinance shall be published either in its entirety, as a class
141 notice, under ch. 985, or as a notice, as described under par. (c) 2., within 15 days
15of passage, and shall take effect on the day after the publication or at a later date if
16expressly prescribed.
AB70-ASA1,8 17Section 8 . 62.11 (4) (a) 2. of the statutes is created to read:
AB70-ASA1,8,2418 62.11 (4) (a) 2. In lieu of publishing the proceedings of the council as provided
19in subd. 1., the council may post the proceedings in at least one public place, place
20the same proceedings electronically on an Internet site maintained by the council,
21and transmit an electronic copy of the same proceedings to the official newspaper of
22the city as provided in s. 985.05 (2) or, if there is no official newspaper, to a newspaper
23likely to give notice in the city. If the council elects to act under this subdivision, the
24council shall do all of the following:
AB70-ASA1,9,2
1a. Provide 180 days notice to the newspaper designated under s. 985.06 of its
2intention to act under this subdivision.
AB70-ASA1,9,73 b. Provide a class 2 notice, under ch. 985, in the newspaper prior to first posting
4the proceedings in at least one public place and placing and transmitting the
5proceedings electronically as permitted under this subdivision. The council may not
6begin posting and electronic placement and transmittal under this subdivision until
730 days after the last insertion required under this subd. 2. b.
AB70-ASA1,9,208 c. Establish an electronic notification service to notify interested individuals
9and organizations in the city each time proceedings are posted in a public place and
10placed and transmitted electronically. The council may not begin posting and
11electronic placement and transmittal under this subdivision until the number of
12individuals and organizations that will receive electronic notices under the service
13is equal to or greater than the bona fide paid circulation of the newspaper designated
14under s. 985.06. If, after the council has commenced posting and electronic
15placement and transmittal, the number of individuals and organizations that are
16receiving electronic notices decreases below the bona fide paid circulation of the
17newspaper designated under s. 985.06, the council may nevertheless continue to post
18and electronically place and transmit proceedings as permitted under this
19subdivision. In this subd. 2. c., bona fide paid circulation has the meaning given in
20s. 985.03 (1) (a).
AB70-ASA1,9,2221 d. Maintain the proceedings placed electronically on the council's Internet site
22for at least 3 years.
AB70-ASA1,9 23Section 9. 64.34 (1) of the statutes is renumbered 64.34 (1) (a) and amended
24to read:
AB70-ASA1,10,15
164.34 (1) (a) The city comptroller shall each month prepare and present to the
2council a summary statement of the revenues and expenses of the city for the
3preceding month, detailed as to appropriations and funds, and arranged in standard
4form, together with a balance sheet statement of the current assets and current
5liabilities of such city at the close of such month. These summaries shall be
6accompanied by such detailed schedules as the council may by ordinance require.
7The Except as provided in par. (b), the full detailed acts and proceedings of the council
8at every general or special meeting thereof, including the full text of all reports filed
9and presented at such meeting, shall be published as a class 1 notice, under ch. 985,
10subsequent to the day of each such council meeting; and in. Except as provided in
11par. (b), in
the months of January, April, July, and October the council shall cause to
12be published as a class 1 notice, under ch. 985, detailed schedules of the receipts and
13disbursements of moneys for the 3 calendar months next preceding the month of such
14publication. The compensation to be paid for such publications shall not exceed the
15rate provided by law for the publication of legal notices.
AB70-ASA1,10 16Section 10. 64.34 (1) (b) of the statutes is created to read:
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