SB639,329,3
16(10) Certiorari. Any person or persons, jointly or severally, A person aggrieved
17by any decision of the board of adjustment, or
any
a taxpayer, or any officer,
18department, board or bureau of the municipality, may, within 30 days after the filing
19of the decision in the office of the board, commence an action seeking the remedy
20available by certiorari. The court shall not stay
proceedings upon the decision
21appealed from, but may,
on application, on with notice to the board
and on due cause
22shown, grant a restraining order. The board of adjustment shall not be required to
23return the original papers acted upon by it, but it shall be sufficient to return certified
24or sworn copies thereof. If necessary for the proper disposition of the matter, the
25court may take evidence, or appoint a referee to take evidence and report findings
1of fact and conclusions of law as it directs, which shall constitute a part of the
2proceedings upon which the determination of the court shall be made. The court may
3reverse or affirm, wholly or partly, or may modify, the decision brought up for review.
SB639,329,7
4(14) Costs. Costs shall not be allowed against the board
of adjustment unless
5it shall appear to the court that it acted with gross negligence, or in bad faith, or with
6malice in making the decision appealed from. All issues in any proceeding under this
7section shall have preference over all other civil actions and proceedings.
SB639, s. 480
8Section
480. 59.997 (title) of the statutes is renumbered 59.08 (title).
SB639, s. 481
9Section
481. 59.997 (1) to (6) of the statutes are renumbered 59.08 (1) to (6)
10and amended to read:
SB639,329,1211
59.08
(1) Any
two 2 or more adjoining counties
in the state may consolidate into
12a single county by complying with the requirements and procedure herein specified.
SB639,329,16
13(2) The
county boards
of supervisors of any 2 or more adjoining counties
14desiring to consolidate their respective counties into a single county may enter into
15a joint agreement for the consolidation of the counties, setting forth in the
16consolidation agreement
all of the following:
SB639,329,1817
(a)
First, the The names of the several counties which they propose to be
18consolidated
;.
SB639,329,2119
(b)
Second, the The name under which it is proposed to consolidate the
said 20counties, which name shall be such as to distinguish it from the name of any other
21county in Wisconsin, other than the consolidating counties
;
.
SB639,329,2322
(c)
Third, the The property, real and personal, belonging to each county, and the
23fair current fair market value thereof
in current money of the United States;.
SB639,329,2424
(d)
Fourth, the The indebtedness, bonded and otherwise, of each county
;.
SB639,330,2
1(e)
Fifth, the The proposed name and location of the county seat of the
2consolidated county
;.
SB639,330,53
(f)
Sixth, if If the
said counties have different forms of county organization and
4government, the proposed form of county organization and government of the
5consolidated county
;.
SB639,330,66
(g)
And seventh, the The terms of agreement.
SB639,330,9
7(3) The
county board
of supervisors of each
of the counties county may appoint
8an advisory committee composed of 3 persons to assist the board in the preparation
9of the agreement.
SB639,330,15
10(4) The original of the consolidation agreement, together with a petition on
11behalf of the several
county boards
of supervisors, signed by the chairperson of each
12of the boards, asking that a referendum on the question of consolidation of the several
13counties be ordered, shall be filed with the clerk of the circuit court of one of the
14counties and a copy of the consolidation agreement and of the petition shall be filed
15with the clerk of the circuit court of each of the other counties.
SB639,331,5
16(5) The qualified electors of each county involved in the consolidation proposal
17whose
county board
of supervisors has not taken the initiative under sub. (2) may,
18by filing with the
county board
of supervisors of the county a petition conforming to
19the requirements of s. 8.40, signed by not less than 20% of the qualified electors of
20the county, based on the total vote cast for governor at the last general election,
21asking the board to effect a consolidation agreement with the county or counties
22named in the petition, and asking for a referendum on the question, require the
23board to so proceed. A copy of the petition of the electors shall also be filed with the
24clerk of the circuit court of the county. If the
county board
of supervisors is able
25within 6 months thereafter to effect the consolidation agreement, the procedure shall
1be the same as set forth in this section. If the board within that period of time is
2unable or for any reason fails to perfect the consolidation agreement, then the judge
3of the circuit court of the county shall appoint a committee of 5 representative
4citizens of the county, to act for and in lieu of the
county board
of supervisors in
5perfecting the consolidation agreement and in petitioning for a referendum.
SB639,331,8
6(6) The
county board
of supervisors shall
cause a copy of publish the
7consolidation agreement
thereafter to be published in each county as a class 1 notice
8under ch. 985.
SB639,331,2411
59.08
(7) When
the publication of the
said consolidation agreement in each of
12the
said counties is completed, of which the certificate to the
judge judges of the
13circuit
court courts of the
said counties from the owner-editor or manager of each
14newspaper publishing the same shall be proof, the
judge or judges of the circuit
15courts of the
said counties shall, by order entered of record in each of such counties,
16require the several
county clerks of the counties included in the consolidation
17agreement to submit such question to a vote of the qualified electors of such counties
18at the next election to be held on the first Tuesday in April, or the next regular
19election, or at a special election to be held on the day fixed in said order, which day
20shall be the same in each of the counties proposing to consolidate. A copy of
said the 21order shall be filed with the
county clerk of each of such counties. If
such the question
22is submitted at a special election, it shall be held not less than
thirty 30 days nor more
23than
sixty 60 days from the completion of the consolidation agreement, but not
24within
sixty 60 days of any spring or general election.
SB639, s. 483
1Section
483. 59.997 (8) to (11) and (13) to (17) of the statutes are renumbered
259.08 (8) to (11) and (13) to (17) are amended to read:
SB639,332,53
59.08
(8) The
county clerk shall notice such election as other elections. The
4ballots shall be provided by the
county clerk and shall be in substantially the
5following form:
SB639,332,6
6Official referendum ballot
SB639,332,117
If you desire to vote for the consolidation of
.... (insert names of counties
8proposing to consolidate) counties
pursuant to under a consolidation agreement,
9make a cross (
8) in the square after the word "Yes", underneath the question; if you
10desire to vote against consolidation, make a cross (
8) in the square after the word
11"No", underneath the question.
SB639,332,1312
Shall
.... (here insert names of counties proposing to consolidate) counties
13consolidate
pursuant to under a consolidation agreement?
SB639,332,14
14Yes ⍽ No ⍽
SB639,332,21
15(9) The ballot shall have on the back or reverse side
thereof the endorsements
16provided by law for ballots for general elections and shall be marked, punched or
17labeled by the elector and counted and canvassed as other ballots cast on questions
18in the county are counted and canvassed. The election shall be conducted by the
19same officers and in the same manner as are other elections in the county. The
20results of the election shall be certified to the
judge or judges of the circuit
court 21courts for the counties.
SB639,333,4
22(10) If a majority of the votes cast in each county upon
such the questions are
23in favor of the consolidation of
such the counties, the judge
or judges of
said
the circuit
24court shall enter
such the fact of record in each such county. If in any one of
such
the 25counties less than a majority of the votes cast upon such question are in favor of the
1proposed consolidation,
said the consolidation shall be declared to have failed for all
2purposes. If a majority of the votes cast upon
such
the question in any county are
3opposed to consolidation, the question of consolidation shall not be again submitted
4to the electors of
such the county for a period of
two 2 years.
SB639,333,18
5(11) At the next succeeding regular November election, held at least 60 days
6after the election at which consolidation is approved by the voters, there shall be
7elected for the consolidated county all county officers provided for by law and the
8officers shall be nominated as provided in ch. 6. Their terms shall begin on the first
9Monday of January next succeeding their election, at which time they shall replace
10all elective county officers of the counties
that are consolidated into the consolidated
11county whose terms shall on that day terminate. All appointive county officers shall
12be appointed by the person, board or authority upon whom the power to appoint such
13officers in other counties is conferred. The terms of the officers shall commence on
14the first Monday of January next succeeding the first election of officers for the
15consolidated county, and shall continue, unless otherwise removed, until their
16successors have been appointed and qualified. The successors of all
such officers
17whose first election or appointment is provided for in this subsection shall thereafter
18be elected or appointed at the time, in the manner and for the terms provided by law.
SB639,334,16
19(13) Upon the first Monday of January following the first election of county
20officers for the consolidated county, the several counties shall thereafter for all
21purposes be treated and considered as one county, under the name and upon the
22terms and conditions set forth in the
said consolidation agreement
; and all. All 23rights, privileges, and franchises of each of the
said several counties, and all records,
24books, and documents, and all property, real and personal, and all debts due on
25whatever account, as well as other things in action, belonging to each of
such the
1counties, shall be
deemed as considered transferred to and vested in the
said 2consolidated county, without further act or deed. All property, all rights-of-way, and
3all and every other interest shall be as effectually the property of the consolidated
4county as they were of the several counties
prior to said before the consolidation
; and
5the. The title to real estate, either by deed or otherwise, under the laws of this state
6vested in any of the
said counties, shall not be
deemed considered to revert or be in
7any way impaired by reason of this consolidation
; but the. The rights of creditors and
8all liens upon the property of any of the
said counties shall be preserved unimpaired
;, 9and the respective counties shall be
deemed considered to continue in existence to
10preserve the same and all debts, liabilities and duties of any of the
said counties shall
11henceforth attach to
said the consolidated county and be enforced against it to the
12same extent as if the
said debts, liabilities and duties had been incurred or contracted
13by it, unless by the terms of
said the agreement the outstanding bonded indebtedness
14of the
said counties shall not be transferred and attached to
said the consolidated
15county, but shall remain as obligations of the
said counties which for such purpose
16shall be
deemed considered to continue in existence.
SB639,334,24
17(14) Suits may be brought and maintained against the consolidated county in
18any of the courts of this state in the same manner as against any other county. Any
19action or proceeding pending by or against
either
any of the counties consolidated
20may be prosecuted to judgment as if the consolidation had not taken place
;, or the
21consolidated county may be substituted in its place. The towns, school districts,
22election districts and voting places in the consolidated county shall continue as in the
23several counties
prior to before consolidation, unless and until changed in
24accordance with law.
SB639,335,9
1(15) Until changed by law, the same circuit courts shall continue, though it may
2result in the consolidated county being a part of
two
2 or more circuits. All such
3courts shall, however, be held at the place designated as the county seat of the
4consolidated county, and each such court and the judge
thereof of that court shall
5continue to have and exercise the same jurisdiction as the court or the judge had and
6exercised before
such the consolidation. If
two 2 or more judges have jurisdiction in
7any consolidated county they or a majority of them shall exercise the power to
8appoint officers and fill vacancies as is vested in judges of circuit courts of other
9counties.
SB639,335,15
10(16) For the purpose of representation in congress and in the legislature the
11existing congressional, senatorial and assembly districts shall continue until
12changed in accordance with law.
Such The consolidated county shall in all respects,
13except as otherwise provided
herein in this section, be subject to all the obligations
14and liabilities imposed, and shall possess all the rights, powers and privileges vested
15by law in other counties.
SB639,335,18
16(17) The provisions of this section shall be
deemed considered cumulative and
17the authority
herein granted
in this section to counties shall not be limited or made
18inoperative by any existing statute.
SB639, s. 484
19Section
484. 60.10 (2) (h) of the statutes is amended to read:
SB639,335,2220
60.10
(2) (h)
Exercise of certain zoning authority. In a town located in a county
21which has
adopted enacted a zoning ordinance under s.
59.97 59.69, authorize, under
22s. 60.62 (2), the town board to
adopt enact town zoning ordinances under s. 61.35.
SB639, s. 485
23Section
485. 60.10 (3) (d) of the statutes is amended to read:
SB639,336,3
160.10
(3) (d)
Rural numbering systems. Posting signs and otherwise
2cooperating with the county in the establishment of a rural numbering system under
3s.
59.07 (65) 59.54 (4) and (4m).
SB639,336,76
60.23
(5) Cooperation in county planning. Cooperate with the county in rural
7planning under ss. 27.019,
59.07 (65) 59.54 (4) and (4m) and
59.97 59.69.
SB639, s. 487
8Section
487. 60.23 (20) of the statutes is amended to read:
SB639,336,149
60.23
(20) Disposition of dead animals. Notwithstanding ss.
59.07 (84) 59.54
10(21) and 95.50 (3), dispose of any dead animal within the town or contract for the
11removal and disposition with any private disposal facility. A town may enter into a
12contract with any other governmental unit under s. 66.30 to provide for the removal
13and disposition. A town may recover its costs under this subsection by levying a
14special assessment under s. 66.345.
SB639, s. 488
15Section
488. 60.23 (30) of the statutes is amended to read:
SB639,336,2016
60.23
(30) Riding horses, dogs running at large. Enact and enforce
17ordinances, and provide forfeitures for violations of those ordinances, that are the
18same as or similar to ordinances that may be enacted by a county to regulate riding
19horses and commercial stables under s.
59.07 (50)
59.54 (19) or to regulate dogs
20running at large under s.
59.07 (69) 59.54 (20).
SB639, s. 489
21Section
489. 60.23 (31) of the statutes is amended to read:
SB639,336,2422
60.23
(31) Unified local transportation system. Cooperate with a county
23under s.
59.967 (10) 59.58 (2) (j) in the establishment of a comprehensive unified local
24transportation system, as defined in s.
59.967 (3) (a)
59.58 (2) (c) 2.
SB639, s. 490
25Section
490. 60.305 (3) (b) of the statutes is amended to read:
SB639,337,5
160.305
(3) (b) If the town board and county board agree to combine a county and
2town office under this subsection, the election to fill the combined office shall be
3under s.
59.12 59.20 (2). No separate election for the town office may be held until
4the county board, by resolution, revokes the combination and the town board, by
5resolution, concurs.
SB639, s. 491
6Section
491. 60.61 (2) (intro.) of the statutes is amended to read:
SB639,337,97
60.61
(2) Extent of authority. (intro.) Subject to subs. (3) and (3m), if a town
8is located in a county which has not
adopted enacted a county zoning ordinance under
9s.
59.97 59.69, the town board, by ordinance, may:
SB639, s. 492
10Section
492. 60.61 (3) (intro.) and (a) of the statutes are amended to read:
SB639,337,1411
60.61
(3) Exercise of authority. (intro.) Before exercising authority under
12sub. (2), the town board shall petition the county board to initiate, at any regular or
13special meeting, action to
adopt enact a county zoning ordinance under s.
59.97 1459.69. The town board may proceed under sub. (2) if:
SB639,337,1615
(a) The county board fails or refuses, at the meeting, to direct the county zoning
16agency to proceed under s.
59.97 59.69;
SB639, s. 493
17Section
493. 60.62 (2) of the statutes is amended to read:
SB639,337,2118
60.62
(2) If the county in which the town is located has
adopted enacted a
19zoning ordinance under s.
59.97 59.69, the exercise of the authority under sub. (1)
20is subject to approval by the town meeting or by a referendum vote of the electors of
21the town held at the time of any regular or special election.
SB639, s. 494
22Section
494. 60.627 (2) (b) of the statutes is amended to read:
SB639,337,2523
60.627
(2) (b) A county ordinance enacted under s.
59.974 59.693 does not apply
24and has no effect in a town in which an ordinance enacted under this section is in
25effect.
SB639, s. 495
1Section
495. 60.65 (5) of the statutes is amended to read:
SB639,338,52
60.65
(5) Exercise of county board of adjustment powers. Boards of
3adjustment under town zoning ordinances shall have the powers and duties provided
4for boards of adjustment under s.
59.99 59.694 and shall carry out their duties in the
5manner provided for boards of adjustment by s.
59.99
59.694.
SB639, s. 496
6Section
496. 61.351 (1) (a) of the statutes is amended to read:
SB639,338,87
61.351
(1) (a) "Shorelands" has the meaning specified under s.
59.971 (1) 859.692 (1) (b).
SB639, s. 497
9Section
497. 62.231 (1) (a) of the statutes is amended to read:
SB639,338,1110
62.231
(1) (a) "Shorelands" has the meaning specified under s.
59.971 (1) 1159.692 (1) (b).
SB639, s. 498
12Section
498. 63.01 (2) of the statutes is amended to read:
SB639,338,2413
63.01
(2) Except as provided under s.
59.031 59.17 (2) (c), the chairperson of
14the board of supervisors of any county, within 30 days after ss. 63.01 to 63.16 become
15applicable thereto, shall appoint the members of the commission, designating the
16term of office of each. The appointment and designation shall be subject to
17confirmation by the board of supervisors. Of the persons first appointed one shall
18hold for one year, one for 2 years, one for 3 years, one for 4 years, and one for 5 years
19from the first day of January next following appointment, and until a successor is
20appointed and qualifies. In the month of December of each year, immediately
21preceding the expiration of the term of office of any commissioner, the board of
22supervisors shall elect one member of the commission to hold office for the term of
235 years, from the first day of January next succeeding the appointment and until a
24successor is elected and qualifies.
SB639, s. 499
25Section
499. 63.02 (2) of the statutes is amended to read:
SB639,339,8
163.02
(2) The director of personnel shall cause the minutes of its proceedings
2to be taken and fully transcribed. The original transcribed copy shall be the official
3minutes of such proceedings and shall be open and available for public inspection.
4The director of personnel shall preserve all reports made to the commission, keep a
5record of all examinations held under its direction and perform such other duties as
6the commission may from time to time prescribe. The director of personnel shall be
7appointed by the county executive in the unclassified civil service and is subject to
8confirmation by the county board, as provided in s.
59.031 59.17 (2) (bm).
SB639, s. 500
9Section
500. 63.03 (2) (y) of the statutes is amended to read:
SB639,339,1210
63.03
(2) (y) Any position of general manager under s. 27.03 (2), director under
11s. 46.21 (1m) (a), department director under s.
59.035
59.52 (1), director of personnel
12under s. 63.02 (2) or county highway commissioner under s. 83.01 (1).
SB639, s. 501
13Section
501. 66.012 (7) (b) of the statutes is amended to read:
SB639,339,1614
66.012
(7) (b) A county shoreland zoning ordinance enacted under s.
59.971 1559.692 that is in force in any part of the territory shall continue in force until altered
16under s.
59.971 59.692 (7) (ad).
SB639, s. 502
17Section
502. 66.014 (10) of the statutes is amended to read:
SB639,339,2018
66.014
(10) Existing ordinances. A county shoreland zoning ordinance
19enacted under s.
59.971 59.692 that is in force in any part of the territory shall
20continue in force until altered under s.
59.971 59.692 (7) (ad).
SB639, s. 503
21Section
503. 66.019 (2) (b) of the statutes is amended to read:
SB639,339,2422
66.019
(2) (b) A county shoreland zoning ordinance enacted under s.
59.971 2359.692 that is in force in any part of the territory shall continue in force until altered
24under s.
59.971 59.692 (7) (ad).
SB639,340,173
66.021
(7) (a) An ordinance for the annexation of the territory described in the
4annexation petition may be enacted by a two-thirds vote of the elected members of
5the governing body not less than 20 days after the publication of the notice of
6intention to circulate the petition and not later than 120 days after the date of filing
7with the city or village clerk of the petition for annexation or of the referendum
8election if favorable to the annexation. If the annexation is subject to sub. (11) the
9governing body shall first review the reasons given by the department of
10development that the proposed annexation is against the public interest. Subject to
11s.
59.971 59.692 (7), such an ordinance may temporarily designate the classification
12of the annexed area for zoning purposes until the zoning ordinance is amended as
13prescribed in s. 62.23 (7) (d). Before introduction of an ordinance containing such
14temporary classification, the proposed classification shall be referred to and
15recommended by the plan commission. The authority to make such temporary
16classification shall not be effective when the county ordinance prevails during
17litigation as provided in s.
59.97 59.69 (7).
SB639, s. 505
18Section
505. 66.023 (3) (e) of the statutes is amended to read:
SB639,340,2219
66.023
(3) (e)
Content of plan; compatibility with existing law. The cooperative
20plan shall describe how the plan is consistent with current state and federal laws,
21county shoreland zoning ordinances under s.
59.971
59.692, municipal regulations
22and administrative rules that apply to the territory affected by the plan.
SB639, s. 506
23Section
506. 66.023 (4) (a) 4. of the statutes is amended to read:
SB639,340,2524
66.023
(4) (a) 4. Any county zoning agency under s.
59.97 59.69 (2) or regional
25planning commission whose jurisdiction includes a participating municipality.
SB639,341,143
66.023
(4) (c)
Comment on plan. Any person may comment on the plan during
4the hearing and may submit written comments before, at or within 20 days following
5the hearing. All comments shall be considered by each participating municipality.
6Any county zoning agency under s.
59.97 59.69 (2) or regional planning commission
7whose jurisdiction includes any participating municipality shall comment in writing
8on the plan's effect on the master plan adopted by the regional planning commission
9under s. 66.945 (9), or development plan adopted by the county board or county
10planning agency under s.
59.97 59.69 (3), and on the delivery of municipal services,
11and may comment on any other aspect of the plan. Any county in the regional
12planning commission's jurisdiction may submit comments on the effect of the
13cooperative plan on the master plan adopted under s. 66.945 (9) and on the delivery
14of county services or on any other matter related to the plan.
SB639, s. 508
15Section
508. 66.024 (5m) of the statutes is amended to read:
SB639,341,2416
66.024
(5m) Temporary zoning of area proposed to be annexed. An interim
17zoning ordinance to become effective only upon approval of the annexation at the
18referendum election may be enacted by the governing body of the city or village.
19Subject to s.
59.971 59.692 (7), the ordinance may temporarily designate the
20classification of the annexed area for zoning purposes until the zoning ordinance is
21amended as prescribed in s. 62.23 (7) (d). The proposed interim zoning ordinance
22shall be referred to and recommended by the plan commission prior to introduction.
23Authority to make such temporary classification shall not be effective when the
24county zoning ordinance prevails during litigation as provided in s.
59.97 59.69 (7).
SB639, s. 509
25Section
509. 66.025 of the statutes is amended to read:
SB639,342,14
166.025 Annexation of owned territory. In addition to other methods
2provided by law and subject to ss.
59.971 59.692 (7) and 66.023 (7), territory owned
3by and lying near but not necessarily contiguous to a village or city may be annexed
4to a village or city by ordinance enacted by the board of trustees of the village or the
5common council of the city, provided that in the case of noncontiguous territory the
6use of the territory by the city or village is not contrary to any town or county zoning
7regulation. The ordinance shall contain the exact description of the territory
8annexed and the names of the towns from which detached, and shall operate to
9attach the territory to the village or city upon the filing of 6 certified copies thereof
10in the office of the secretary of state, together with 6 copies of a plat showing the
11boundaries of the territory attached. Two copies of the ordinance and plat shall be
12forwarded by the secretary of state to the department of transportation, one copy to
13the department of natural resources, one copy to the department of revenue and one
14copy to the department of education.
SB639, s. 510
15Section
510. 66.032 (1) (g) of the statutes is amended to read:
SB639,342,1916
66.032
(1) (g) "Municipality" means any county with a zoning ordinance under
17s.
59.97 59.69, any town with a zoning ordinance under s. 60.61, any city with a
18zoning ordinance under s. 62.23 (7), any 1st class city or any village with a zoning
19ordinance under s. 61.35.
SB639, s. 511
20Section
511. 66.035 of the statutes is amended to read: