SB639: Bill Text

SB639,314,15 (br) 1. No adult family home described in s. 50.01 (1) (b) may be established within 2,500 feet, or any lesser distance established by an ordinance of the city, town or village municipality, of any other adult family home described in s. 50.01 (1) (b) or any community living arrangement. An agent of an adult family home described in s. 50.01 (1) (b) may apply for an exception to this requirement, and the exception may be granted at the discretion of the city municipality.

SB639,314,20 2. An adult family home described in s. 50.01 (1) (b) that meets the criteria specified in subd. 1. and that is licensed under s. 50.033 (1m) (b) is permitted in the city, town or village municipality without restriction as to the number of adult family homes and may locate in any residential zone, without being required to obtain special zoning permission except as provided in par. (i).

SB639,315,2 (c) In all cases where Where the community living arrangement has capacity for 8 or fewer persons being served by the program, meets the criteria listed in pars. (a) and (b), and is licensed, operated or permitted under the authority of the department of health and family services, that facility is entitled to locate in any residential zone, without being required to obtain special zoning permission except as provided in par. (i).

SB639,315,11 (d) In all cases where Where the community living arrangement has capacity for 9 to 15 persons being served by the program, meets the criteria listed in pars. (a) and (b), and is licensed, or operated or permitted under the authority of the department of health and family services, the facility is entitled to locate in any residential area except areas zoned exclusively for single-family or 2-family residences, except as provided in par. (i), but is entitled to apply for special zoning permission to locate in those areas. The local municipality may grant special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.

SB639,315,18 (e) In all cases where Where the community living arrangement has capacity for serving 16 or more persons, meets the criteria listed in pars. (a) and (b), and is licensed, operated or permitted under the authority of the department of health and family services, that facility is entitled to apply for special zoning permission to locate in areas zoned for residential use. The local municipality may grant special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.

SB639,315,22 (f) The department of health and family services shall designate a single subunit within the department to maintain appropriate records indicating the location and the capacity of each community living arrangement, and such the information shall be available to the public.

SB639,315,25 (g) In this subsection, "special zoning permission" includes, but is not limited to, the following: special exception, special permit, conditional use, zoning variance, conditional permit and words of similar intent.

SB639,316,2 (h) The attorney general shall take all necessary action, upon the request of the department of health and family services, to enforce compliance with this subsection.

SB639,316,21 (i) Not less than 11 months nor more than 13 months after the first licensure of an adult family home under s. 50.033 or of a community living arrangement and every year thereafter, the common council, town board or village or town board of a city, town or village municipality in which a licensed adult family home or a community living arrangement is located may make a determination as to the effect of the adult family home or community living arrangement on the health, safety or welfare of the residents of the city, town or village municipality. The determination shall be made according to the procedures provided under par. (j). If the common council, town board or village or town board determines that the existence in the city, town or village municipality of a licensed adult family home or a community living arrangement poses a threat to the health, safety or welfare of the residents of the city, town or village municipality, the common council , town board or village or town board may order the adult family home or community living arrangement to cease operation unless special zoning permission is obtained. The order is subject to judicial review under s. 68.13, except that a free copy of the transcript may not be provided to the licensed adult family home or community living arrangement. The licensed adult family home or community living arrangement shall cease operation within 90 days after the date of the order, or the date of final judicial review of the order, or the date of the denial of special zoning permission, whichever is later.

SB639,317,3 (im) The fact that an individual with acquired immunodeficiency syndrome or a positive test for the presence of HIV, as defined in s. 252.01 (1) (1m), antigen or nonantigenic products of HIV or an antibody to HIV resides in a community living arrangement with a capacity for 8 or fewer persons may not be used under par. (i) to assert or prove that the existence of the community living arrangement in the city, town or village municipality poses a threat to the health, safety or welfare of the residents of the city, town or village municipality.

SB639,317,21 (j) A determination under par. (i) shall be made after a hearing before the common council, town board or village or town board. The city, town or village municipality shall provide at least 30 days' notice to the licensed adult family home or the community living arrangement that such a hearing will be held. At the hearing, the licensed adult family home or the community living arrangement may be represented by counsel and may present evidence and call and examine witnesses and cross-examine other witnesses called. The common council, town board or village or town board may call witnesses and may issue subpoenas. All witnesses shall be sworn by the common council, town board or village board. The common council, town board or village or town board shall take notes of the testimony and shall mark and preserve all exhibits. The common council, town board or village or town board may, and upon request of the licensed adult family home or the community living arrangement shall, cause the proceedings to be taken by a stenographer or by a recording device, the expense thereof to be paid by the city, town or village municipality. Within 20 days after the hearing, the common council, town board or village or town board shall mail or deliver to the licensed adult family home or the community living arrangement its written determination stating the reasons therefor. The determination shall be a final determination.

SB639, s. 476 Section 476. 59.971 of the statutes is renumbered 59.692, and 59.692 (1m), (2) (a) and (c), (3), (4), (5), (6) and (7) (a) (intro.) and 3., (ad) (intro.) and 3., (ag) and (c), as renumbered, are amended to read:

SB639,318,4 59.692 (1m) To effect the purposes of s. 144.26 and to promote the public health, safety and general welfare, each county shall zone by ordinance all shorelands in its unincorporated area. This ordinance may be enacted separately from ordinances enacted under s. 59.97 59.69.

SB639,318,9 (2) (a) Except as otherwise specified, all provisions of s. 59.97 59.69 apply to ordinances and their amendments enacted under this section whether or not enacted separately from ordinances enacted under s. 59.97 59.69, but the ordinances and amendments shall not require approval or be subject to disapproval by any town or town board.

SB639,318,12 (c) Ordinances that are enacted under this section shall accord and be consistent with any comprehensive zoning plan or general zoning ordinance applicable to the enacting counties, so far as practicable.

SB639,318,15 (3) All powers granted to a county under s. 236.45 may be exercised by it with respect to shorelands, but it the county must have or provide a planning agency as defined in s. 236.02 (3).

SB639,318,22 (4) (a) Section 66.30 applies to this section, except that for the purposes of this section any an agreement under s. 66.30 shall be effected by ordinance. If the municipalities as defined in s. 144.26 are served by a regional planning commission under s. 66.945, the commission may, with its consent, be empowered by the ordinance of agreement to administer each ordinance enacted hereunder throughout its enacting municipality, whether or not the area otherwise served by the commission includes all of that municipality.

SB639,318,25 (b) Variances and appeals regarding shorelands within a county are for the board of adjustment for that county under s. 59.99 59.694, and the procedures of that section apply.

SB639,319,2 (5) An ordinance enacted under this section supersedes all provisions of an ordinance enacted under s. 59.97 59.69 that relate to shorelands.

SB639,319,7 (6) If any a county does not enact an ordinance by January 1, 1968, or if the department, after notice and hearing, determines that a county has enacted an ordinance that fails to meet the shoreland zoning standards, the department shall adopt such an ordinance for the county. As far as possible, s. 87.30 shall apply to this subsection.

SB639,319,12 (7) (a) (intro.) Provisions of a county shoreland zoning ordinance that are enacted under this section that were applicable, prior to annexation, to any shoreland area annexed by a city or village after May 7, 1982, shall continue in effect and shall be enforced after annexation by the annexing city or village unless any of the following occurs:

SB639,319,15 3. After annexation, the city or village requests that the county shoreland zoning ordinance, as it applies to the annexed area, continue continues to be in effect and enforced by the county and the county agrees to enforce the ordinance.

SB639,319,21 (ad) (intro.) Provisions of a county shoreland zoning ordinance that are enacted under this section that were applicable, prior to incorporation, to any shoreland area that is part of a town that incorporates as a city or village under s. 66.012, 66.014, 66.018 or 66.019 after April 30, 1994, shall continue in effect and shall be enforced after incorporation by the incorporated city or village unless any of the following occurs:

SB639,319,24 3. After incorporation, the city or village requests that the county shoreland zoning ordinance, as it applies to the incorporated area, continue continues to be in effect and enforced by the county and the county agrees to enforce the ordinance.

SB639,320,4 (ag) For purposes of pars. (a) 2. and (ad) 2., the types of provisions that may be deleted or modified are those that establish specified land uses or requirements that are associated with those uses and that are not necessary to effect the purposes of s. 144.26 (1) that relate to the protection of navigable waters.

SB639,320,10 (c) If the department determines that an amendment enacted by a county under par. (a) 2. or (ad) 2. does not meet the shoreland zoning standards, the department, after providing notice and conducting a hearing on the matter, shall issue an order declaring the amendment void and shall reinstate the applicability of the county shoreland zoning ordinance, that was in effect prior to before amending the ordinance, to the annexed or incorporated area.

SB639, s. 477 Section 477. 59.972 of the statutes is renumbered 59.695 and amended to read:

SB639,320,17 59.695 Zoning of shorelands for Trenton island in Pierce county. (1) An ordinance enacted under s. 59.971 59.692 that applies to Trenton island in Pierce county may not limit the cost of any reconstruction, alteration or repair of, or addition to, any structure on the island that does not conform with the ordinance, except as provided in sub. (2).

SB639,320,22 (2) (a) For a structure not covered under par. (b), an ordinance enacted under s. 59.971 59.692 may require that the cost of an alteration or repair of, or an addition to, a structure that does not conform with the ordinance may not exceed 50% of the structure's market value on the date on which the alteration, repair or addition begins.

SB639,321,3 (b) For structures that have been destroyed or that have been so severely damaged that they cannot be repaired, and that did not conform with the ordinance enacted under s. 59.971 59.692, an ordinance under s. 59.971 59.692 may require that the cost of the reconstruction of the structure may not exceed 150% of the structure's market value on the date immediately before the destruction or damage occurred.

SB639,321,7 (c) An ordinance enacted under s. 59.971 59.692 may not impose the limitations under pars. (a) and (b) if, as a result of the alteration, repair, addition or reconstruction, the structure will conform with all of the provisions of the ordinance enacted under s. 59.971 59.692.

SB639, s. 478 Section 478. 59.974 of the statutes is renumbered 59.693 and amended to read:

SB639,321,12 59.693 Construction site erosion control and storm water management zoning. (1) Definition. As used in In this section, "department" means the department of natural resources.

SB639,321,19 (2) Authority to enact ordinance. To effect the purposes of s. 144.266 and to promote the public health, safety and general welfare, a county may enact a zoning ordinance, that is applicable to all of its unincorporated area, except as provided in s. 60.627 (2) (b), for construction site erosion control at sites where the construction activities do not include the construction of a building and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 59.97 59.69.

SB639,321,24 (4) Applicability of county zoning provisions; town approval. (a) Except as otherwise specified in this section, s. 59.97 59.69 applies to any ordinance or amendment to an ordinance enacted under this section, but an ordinance or amendment to an ordinance enacted under this section does not require approval and is not subject to disapproval by any town or town board.

SB639,322,4 (b) Variances and appeals regarding construction site erosion control and storm water management regulations under this section are to be determined by the board of adjustment for that county. Procedures under s. 59.99 59.694 apply to these determinations.

SB639,322,7 (c) An ordinance enacted under this section supersedes all provisions of an ordinance enacted under s. 59.97 59.69 that relate to construction site erosion control or storm water management regulation.

SB639,322,11 (6) Applicability of comprehensive zoning plan or general zoning ordinance. Ordinances that are enacted under this section shall accord and be consistent with any comprehensive zoning plan or general zoning ordinance applicable to the enacting counties, so far as practicable.

SB639,322,16 (7) Applicability of local subdivision regulation. All powers granted to a county under s. 236.45 may be exercised by it the county with respect to construction site erosion control at sites where the construction activities do not include the construction of a building or with respect to storm water management regulation if the county has or provides a county planning agency as defined in s. 236.02 (1).

SB639,322,23 (8) Applicability to local governments and agencies. An ordinance that is enacted under this section is applicable to activities conducted by a unit of local government and an agency of that unit of government. An ordinance that is enacted under this section is not applicable to activities conducted by an agency, as defined under s. 227.01 (1) but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under s. 144.266 (2).

SB639,323,3 (9) Intergovernmental cooperation. (a) Except as provided in par. (c), s. 66.30 applies to this section, but for the purposes of this section any an agreement under s. 66.30 shall be effected by ordinance.

SB639,323,8 (b) If a county is served by a regional planning commission under s. 66.945 and if the commission consents, the county may empower the commission by ordinance to administer an ordinance that is enacted under this section throughout the county, whether or not the area otherwise served by the commission includes all of that county.

SB639,323,13 (c) If the board of commissioners of the Dane county lakes and watershed commission consents, Dane county may empower it the commission by ordinance to administer an ordinance that is enacted under this section whether or not the area otherwise served by the commission includes all of Dane county. Section 66.30 does not apply to this paragraph.

SB639,323,24 (10) Validity upon annexation. An ordinance that is enacted under this section by a county that is in effect in an area immediately before the area is annexed by a city or village continues in effect in the area after annexation unless the city or village enacts, maintains and enforces a city or village ordinance which complies with minimum standards established by the department and which is at least as restrictive as the county ordinance enacted under this section. If, after providing notice and conducting a hearing on the matter, the department determines that an ordinance that is enacted by a city or village which is applicable to the annexed area does not meet these standards or is not as restrictive as the county ordinance, the department shall issue an order declaring the city or village ordinance void and reinstating the applicability of the county ordinance to the annexed area.

SB639, s. 479 Section 479. 59.99 of the statutes is renumbered 59.694 and amended to read:

SB639,324,11 59.694 County zoning, adjustment board. (1) Appointment, power. The county board may provide for the appointment of a board of adjustment, and in the regulations and restrictions adopted pursuant to s. 59.97 under s. 59.69 may provide that such the board of adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained. Nothing in this subsection shall preclude precludes the granting of special exceptions by the county zoning agency designated under s. 59.97 59.69 (2) (a) or the county board in accordance with regulations and restrictions adopted pursuant to s. 59.97 under s. 59.69 which were in effect on July 7, 1973, or adopted after that date.

SB639,324,23 (2) Personnel. (a) In counties having with a population of less than 500,000, the board of adjustment shall consist of not more than 5 members as determined by resolution of the county board. The chairperson of the county board shall appoint the members with the approval of the county board for terms of 3 years beginning July 1. The incumbent members shall continue to serve until their terms expire. The county board resolution increasing the size of the board of adjustment shall indicate how many members shall be appointed for 1, 2 and 3 years prior to July 1 of the year in which the change takes effect in making the first appointments. If the county board, by resolution, determines to reduce the membership of the board of adjustment below 5 but not less than 3, one of the positions for which the term expires as determined by lot shall not be filled each year until the requisite number of positions has been reached.

SB639,325,2 (b) In counties having with a population of 500,000 or more, the board of adjustment shall consist of 3 members who are residents of the county, elected by the county board for terms of 1, 2 and 3 years, respectively, and until their successors are elected and qualify.

SB639,325,11 (bm) The chairperson of the county board may appoint, for staggered 3-year terms, 2 alternate members of the board of adjustment, who are subject to the approval of the county board. Annually, the chairperson of the county board shall designate one of the alternate members as the first alternate and the other as 2nd alternate. The first alternate shall act, with full power, only when a member of the board of adjustment refuses to vote because of a conflict of interest or when a member is absent. The 2nd alternate shall act only when the first alternate refuses to vote because of a conflict of interest or is absent, or if more than one member of the board of adjustment refuses to vote because of a conflict of interest or is absent.

SB639,325,21 (c) The members of the board of adjustment, including alternate members, shall all reside within the county and outside of the limits of incorporated cities and villages; provided, however, that no 2 members shall reside in the same town. The board of adjustment shall choose its own chairperson. Office room shall be provided by the county board, and the actual and necessary expenses incurred by the board of adjustment in the performance of its duties shall be paid and allowed as in cases of other claims against the county. The county board may likewise compensate the members of the board of adjustment, including alternate members, and the assistants as may be authorized by the county board. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

SB639,326,9 (3) Rules, meetings, minutes. The county board shall adopt rules for the conduct of the business of the board of adjustment, in accordance with the provisions of any ordinance or ordinances adopted pursuant to s. 59.97 enacted under s. 59.69. The board of adjustment may adopt further rules as necessary to carry into effect the regulations of the county board. Meetings of the board of adjustment shall be held at the call of the chairperson and at such other times as the board of adjustment may determine. The chairperson, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be open to the public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board of adjustment and shall be a public record.

SB639,326,18 (4) Appeals to board. Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the building inspector or other administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board of adjustment, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.

SB639,327,2 (5) Stays. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken shall certify to the board of adjustment after the notice of appeal shall have been filed with that officer that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by upon application to the board of adjustment or by petition to a court of record on application on, with notice to the officer from whom the appeal is taken and on due cause shown.

SB639,327,10 (6) Hearing appeals. The board of adjustment shall fix a reasonable time for the hearing of the appeal and publish a class 2 notice thereof under ch. 985, as well as give due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any, a party may appear in person or by agent or attorney. In any an action involving a historic property, as defined in s. 44.31 (3), the board of adjustment shall consider any suggested alternatives or recommended decision submitted by the landmarks commission or the planning and zoning committee or commission.

SB639,327,12 (7) Powers of board. The board of adjustment shall have all of the following powers:

SB639,327,15 (a) To hear and decide appeals where it is alleged there is error in any an order, requirement, decision or determination made by an administrative official in the enforcement of s. 59.97 59.69 or of any ordinance adopted enacted pursuant thereto.

SB639,327,17 (b) To hear and decide special exceptions to the terms of the ordinance upon which such the board is required to pass under such ordinance.

SB639,327,22 (c) To authorize upon appeal in specific cases such variance from the terms of the ordinance as that will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.

SB639,328,4 (d) To grant special exceptions and variances for renewable energy resource systems. If the board denies an application for a special exception or variance for a renewable energy resource such a system, the board shall provide a written statement of its reasons for denying the application. In this paragraph, "renewable energy resource system" means a solar energy system, a waste conversion energy system, a wind energy system or any other energy system which relies on a renewable energy resource.

SB639,328,10 (8) Order on appeal. In exercising the above-mentioned powers such under this section, the board of adjustment may, in conformity with the provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such the order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

SB639,328,15 (9) Majority rule. The concurring vote of a A majority vote of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.

SB639,329,3 (10) Certiorari. Any person or persons, jointly or severally, A person aggrieved by any decision of the board of adjustment, or any a taxpayer, or any officer, department, board or bureau of the municipality, may, within 30 days after the filing of the decision in the office of the board, commence an action seeking the remedy available by certiorari. The court shall not stay proceedings upon the decision appealed from, but may, on application, on with notice to the board and on due cause shown, grant a restraining order. The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof. If necessary for the proper disposition of the matter, the court may take evidence, or appoint a referee to take evidence and report findings of fact and conclusions of law as it directs, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify, the decision brought up for review.

SB639,329,7 (14) Costs. Costs shall not be allowed against the board of adjustment unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. All issues in any proceeding under this section shall have preference over all other civil actions and proceedings.

SB639, s. 480 Section 480. 59.997 (title) of the statutes is renumbered 59.08 (title).

SB639, s. 481 Section 481. 59.997 (1) to (6) of the statutes are renumbered 59.08 (1) to (6) and amended to read:

SB639,329,12 59.08 (1) Any two 2 or more adjoining counties in the state may consolidate into a single county by complying with the requirements and procedure herein specified.

SB639,329,16 (2) The county boards of supervisors of any 2 or more adjoining counties desiring to consolidate their respective counties into a single county may enter into a joint agreement for the consolidation of the counties, setting forth in the consolidation agreement all of the following:

SB639,329,18 (a) First, the The names of the several counties which they propose to be consolidated;.

SB639,329,21 (b) Second, the The name under which it is proposed to consolidate the said counties, which name shall be such as to distinguish it from the name of any other county in Wisconsin, other than the consolidating counties; .

SB639,329,23 (c) Third, the The property, real and personal, belonging to each county, and the fair current fair market value thereof in current money of the United States;.

SB639,329,24 (d) Fourth, the The indebtedness, bonded and otherwise, of each county;.

SB639,330,2 (e) Fifth, the The proposed name and location of the county seat of the consolidated county;.

SB639,330,5 (f) Sixth, if If the said counties have different forms of county organization and government, the proposed form of county organization and government of the consolidated county;.

SB639,330,6 (g) And seventh, the The terms of agreement.

SB639,330,9 (3) The county board of supervisors of each of the counties county may appoint an advisory committee composed of 3 persons to assist the board in the preparation of the agreement.

SB639,330,15 (4) The original of the consolidation agreement, together with a petition on behalf of the several county boards of supervisors, signed by the chairperson of each of the boards, asking that a referendum on the question of consolidation of the several counties be ordered, shall be filed with the clerk of the circuit court of one of the counties and a copy of the consolidation agreement and of the petition shall be filed with the clerk of the circuit court of each of the other counties.

SB639,331,5 (5) The qualified electors of each county involved in the consolidation proposal whose county board of supervisors has not taken the initiative under sub. (2) may, by filing with the county board of supervisors of the county a petition conforming to the requirements of s. 8.40, signed by not less than 20% of the qualified electors of the county, based on the total vote cast for governor at the last general election, asking the board to effect a consolidation agreement with the county or counties named in the petition, and asking for a referendum on the question, require the board to so proceed. A copy of the petition of the electors shall also be filed with the clerk of the circuit court of the county. If the county board of supervisors is able within 6 months thereafter to effect the consolidation agreement, the procedure shall be the same as set forth in this section. If the board within that period of time is unable or for any reason fails to perfect the consolidation agreement, then the judge of the circuit court of the county shall appoint a committee of 5 representative citizens of the county, to act for and in lieu of the county board of supervisors in perfecting the consolidation agreement and in petitioning for a referendum.

SB639,331,8 (6) The county board of supervisors shall cause a copy of publish the consolidation agreement thereafter to be published in each county as a class 1 notice under ch. 985.

SB639, s. 482 Section 482. 59.997 (7) of the statutes, as affected by 1995 Wisconsin Act 16, is renumbered 59.08 (7) and amended to read:

SB639,331,24 59.08 (7) When the publication of the said consolidation agreement in each of the said counties is completed, of which the certificate to the judge judges of the circuit court courts of the said counties from the owner-editor or manager of each newspaper publishing the same shall be proof, the judge or judges of the circuit courts of the said counties shall, by order entered of record in each of such counties, require the several county clerks of the counties included in the consolidation agreement to submit such question to a vote of the qualified electors of such counties at the next election to be held on the first Tuesday in April, or the next regular election, or at a special election to be held on the day fixed in said order, which day shall be the same in each of the counties proposing to consolidate. A copy of said the order shall be filed with the county clerk of each of such counties. If such the question is submitted at a special election, it shall be held not less than thirty 30 days nor more than sixty 60 days from the completion of the consolidation agreement, but not within sixty 60 days of any spring or general election.

SB639, s. 483 Section 483. 59.997 (8) to (11) and (13) to (17) of the statutes are renumbered 59.08 (8) to (11) and (13) to (17) are amended to read:

SB639,332,5 59.08 (8) The county clerk shall notice such election as other elections. The ballots shall be provided by the county clerk and shall be in substantially the following form:

SB639,332,6 Official referendum ballot

SB639,332,11 If you desire to vote for the consolidation of .... (insert names of counties proposing to consolidate) counties pursuant to under a consolidation agreement, make a cross (8) in the square after the word "Yes", underneath the question; if you desire to vote against consolidation, make a cross (8) in the square after the word "No", underneath the question.

SB639,332,13 Shall .... (here insert names of counties proposing to consolidate) counties consolidate pursuant to under a consolidation agreement?

SB639,332,14 Yes ⍽ No ⍽

SB639,332,21 (9) The ballot shall have on the back or reverse side thereof the endorsements provided by law for ballots for general elections and shall be marked, punched or labeled by the elector and counted and canvassed as other ballots cast on questions in the county are counted and canvassed. The election shall be conducted by the same officers and in the same manner as are other elections in the county. The results of the election shall be certified to the judge or judges of the circuit court courts for the counties.

SB639,333,4 (10) If a majority of the votes cast in each county upon such the questions are in favor of the consolidation of such the counties, the judge or judges of said the circuit court shall enter such the fact of record in each such county. If in any one of such the counties less than a majority of the votes cast upon such question are in favor of the proposed consolidation, said the consolidation shall be declared to have failed for all purposes. If a majority of the votes cast upon such the question in any county are opposed to consolidation, the question of consolidation shall not be again submitted to the electors of such the county for a period of two 2 years.

SB639,333,18 (11) At the next succeeding regular November election, held at least 60 days after the election at which consolidation is approved by the voters, there shall be elected for the consolidated county all county officers provided for by law and the officers shall be nominated as provided in ch. 6. Their terms shall begin on the first Monday of January next succeeding their election, at which time they shall replace all elective county officers of the counties that are consolidated into the consolidated county whose terms shall on that day terminate. All appointive county officers shall be appointed by the person, board or authority upon whom the power to appoint such officers in other counties is conferred. The terms of the officers shall commence on the first Monday of January next succeeding the first election of officers for the consolidated county, and shall continue, unless otherwise removed, until their successors have been appointed and qualified. The successors of all such officers whose first election or appointment is provided for in this subsection shall thereafter be elected or appointed at the time, in the manner and for the terms provided by law.