SB639: Bill Text

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.

SB639,334,16 (13) Upon the first Monday of January following the first election of county officers for the consolidated county, the several counties shall thereafter for all purposes be treated and considered as one county, under the name and upon the terms and conditions set forth in the said consolidation agreement; and all. All rights, privileges, and franchises of each of the said several counties, and all records, books, and documents, and all property, real and personal, and all debts due on whatever account, as well as other things in action, belonging to each of such the counties, shall be deemed as considered transferred to and vested in the said consolidated county, without further act or deed. All property, all rights-of-way, and all and every other interest shall be as effectually the property of the consolidated county as they were of the several counties prior to said before the consolidation; and the. The title to real estate, either by deed or otherwise, under the laws of this state vested in any of the said counties, shall not be deemed considered to revert or be in any way impaired by reason of this consolidation; but the. The rights of creditors and all liens upon the property of any of the said counties shall be preserved unimpaired;, and the respective counties shall be deemed considered to continue in existence to preserve the same and all debts, liabilities and duties of any of the said counties shall henceforth attach to said the consolidated county and be enforced against it to the same extent as if the said debts, liabilities and duties had been incurred or contracted by it, unless by the terms of said the agreement the outstanding bonded indebtedness of the said counties shall not be transferred and attached to said the consolidated county, but shall remain as obligations of the said counties which for such purpose shall be deemed considered to continue in existence.

SB639,334,24 (14) Suits may be brought and maintained against the consolidated county in any of the courts of this state in the same manner as against any other county. Any action or proceeding pending by or against either any of the counties consolidated may be prosecuted to judgment as if the consolidation had not taken place;, or the consolidated county may be substituted in its place. The towns, school districts, election districts and voting places in the consolidated county shall continue as in the several counties prior to before consolidation, unless and until changed in accordance with law.

SB639,335,9 (15) Until changed by law, the same circuit courts shall continue, though it may result in the consolidated county being a part of two 2 or more circuits. All such courts shall, however, be held at the place designated as the county seat of the consolidated county, and each such court and the judge thereof of that court shall continue to have and exercise the same jurisdiction as the court or the judge had and exercised before such the consolidation. If two 2 or more judges have jurisdiction in any consolidated county they or a majority of them shall exercise the power to appoint officers and fill vacancies as is vested in judges of circuit courts of other counties.

SB639,335,15 (16) For the purpose of representation in congress and in the legislature the existing congressional, senatorial and assembly districts shall continue until changed in accordance with law. Such The consolidated county shall in all respects, except as otherwise provided herein in this section, be subject to all the obligations and liabilities imposed, and shall possess all the rights, powers and privileges vested by law in other counties.

SB639,335,18 (17) The provisions of this section shall be deemed considered cumulative and the authority herein granted in this section to counties shall not be limited or made inoperative by any existing statute.

SB639, s. 484 Section 484. 60.10 (2) (h) of the statutes is amended to read:

SB639,335,22 60.10 (2) (h) Exercise of certain zoning authority. In a town located in a county which has adopted enacted a zoning ordinance under s. 59.97 59.69, authorize, under s. 60.62 (2), the town board to adopt enact town zoning ordinances under s. 61.35.

SB639, s. 485 Section 485. 60.10 (3) (d) of the statutes is amended to read:

SB639,336,3 60.10 (3) (d) Rural numbering systems. Posting signs and otherwise cooperating with the county in the establishment of a rural numbering system under s. 59.07 (65) 59.54 (4) and (4m).

SB639, s. 486 Section 486. 60.23 (5) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,336,7 60.23 (5) Cooperation in county planning. Cooperate with the county in rural planning under ss. 27.019, 59.07 (65) 59.54 (4) and (4m) and 59.97 59.69.

SB639, s. 487 Section 487. 60.23 (20) of the statutes is amended to read:

SB639,336,14 60.23 (20) Disposition of dead animals. Notwithstanding ss. 59.07 (84) 59.54 (21) and 95.50 (3), dispose of any dead animal within the town or contract for the removal and disposition with any private disposal facility. A town may enter into a contract with any other governmental unit under s. 66.30 to provide for the removal and disposition. A town may recover its costs under this subsection by levying a special assessment under s. 66.345.

SB639, s. 488 Section 488. 60.23 (30) of the statutes is amended to read:

SB639,336,20 60.23 (30) Riding horses, dogs running at large. Enact and enforce ordinances, and provide forfeitures for violations of those ordinances, that are the same as or similar to ordinances that may be enacted by a county to regulate riding horses and commercial stables under s. 59.07 (50) 59.54 (19) or to regulate dogs running at large under s. 59.07 (69) 59.54 (20).

SB639, s. 489 Section 489. 60.23 (31) of the statutes is amended to read:

SB639,336,24 60.23 (31) Unified local transportation system. Cooperate with a county under s. 59.967 (10) 59.58 (2) (j) in the establishment of a comprehensive unified local transportation system, as defined in s. 59.967 (3) (a) 59.58 (2) (c) 2.

SB639, s. 490 Section 490. 60.305 (3) (b) of the statutes is amended to read:

SB639,337,5 60.305 (3) (b) If the town board and county board agree to combine a county and town office under this subsection, the election to fill the combined office shall be under s. 59.12 59.20 (2). No separate election for the town office may be held until the county board, by resolution, revokes the combination and the town board, by resolution, concurs.

SB639, s. 491 Section 491. 60.61 (2) (intro.) of the statutes is amended to read:

SB639,337,9 60.61 (2) Extent of authority. (intro.) Subject to subs. (3) and (3m), if a town is located in a county which has not adopted enacted a county zoning ordinance under s. 59.97 59.69, the town board, by ordinance, may:

SB639, s. 492 Section 492. 60.61 (3) (intro.) and (a) of the statutes are amended to read:

SB639,337,14 60.61 (3) Exercise of authority. (intro.) Before exercising authority under sub. (2), the town board shall petition the county board to initiate, at any regular or special meeting, action to adopt enact a county zoning ordinance under s. 59.97 59.69. The town board may proceed under sub. (2) if:

SB639,337,16 (a) The county board fails or refuses, at the meeting, to direct the county zoning agency to proceed under s. 59.97 59.69;

SB639, s. 493 Section 493. 60.62 (2) of the statutes is amended to read:

SB639,337,21 60.62 (2) If the county in which the town is located has adopted enacted a zoning ordinance under s. 59.97 59.69, the exercise of the authority under sub. (1) is subject to approval by the town meeting or by a referendum vote of the electors of the town held at the time of any regular or special election.

SB639, s. 494 Section 494. 60.627 (2) (b) of the statutes is amended to read:

SB639,337,25 60.627 (2) (b) A county ordinance enacted under s. 59.974 59.693 does not apply and has no effect in a town in which an ordinance enacted under this section is in effect.

SB639, s. 495 Section 495. 60.65 (5) of the statutes is amended to read:

SB639,338,5 60.65 (5) Exercise of county board of adjustment powers. Boards of adjustment under town zoning ordinances shall have the powers and duties provided for boards of adjustment under s. 59.99 59.694 and shall carry out their duties in the manner provided for boards of adjustment by s. 59.99 59.694.

SB639, s. 496 Section 496. 61.351 (1) (a) of the statutes is amended to read:

SB639,338,8 61.351 (1) (a) "Shorelands" has the meaning specified under s. 59.971 (1) 59.692 (1) (b).

SB639, s. 497 Section 497. 62.231 (1) (a) of the statutes is amended to read:

SB639,338,11 62.231 (1) (a) "Shorelands" has the meaning specified under s. 59.971 (1) 59.692 (1) (b).

SB639, s. 498 Section 498. 63.01 (2) of the statutes is amended to read:

SB639,338,24 63.01 (2) Except as provided under s. 59.031 59.17 (2) (c), the chairperson of the board of supervisors of any county, within 30 days after ss. 63.01 to 63.16 become applicable thereto, shall appoint the members of the commission, designating the term of office of each. The appointment and designation shall be subject to confirmation by the board of supervisors. Of the persons first appointed one shall hold for one year, one for 2 years, one for 3 years, one for 4 years, and one for 5 years from the first day of January next following appointment, and until a successor is appointed and qualifies. In the month of December of each year, immediately preceding the expiration of the term of office of any commissioner, the board of supervisors shall elect one member of the commission to hold office for the term of 5 years, from the first day of January next succeeding the appointment and until a successor is elected and qualifies.

SB639, s. 499 Section 499. 63.02 (2) of the statutes is amended to read:

SB639,339,8 63.02 (2) The director of personnel shall cause the minutes of its proceedings to be taken and fully transcribed. The original transcribed copy shall be the official minutes of such proceedings and shall be open and available for public inspection. The director of personnel shall preserve all reports made to the commission, keep a record of all examinations held under its direction and perform such other duties as the commission may from time to time prescribe. The director of personnel shall be appointed by the county executive in the unclassified civil service and is subject to confirmation by the county board, as provided in s. 59.031 59.17 (2) (bm).

SB639, s. 500 Section 500. 63.03 (2) (y) of the statutes is amended to read:

SB639,339,12 63.03 (2) (y) Any position of general manager under s. 27.03 (2), director under s. 46.21 (1m) (a), department director under s. 59.035 59.52 (1), director of personnel under s. 63.02 (2) or county highway commissioner under s. 83.01 (1).

SB639, s. 501 Section 501. 66.012 (7) (b) of the statutes is amended to read:

SB639,339,16 66.012 (7) (b) A county shoreland zoning ordinance enacted under s. 59.971 59.692 that is in force in any part of the territory shall continue in force until altered under s. 59.971 59.692 (7) (ad).

SB639, s. 502 Section 502. 66.014 (10) of the statutes is amended to read:

SB639,339,20 66.014 (10) Existing ordinances. A county shoreland zoning ordinance enacted under s. 59.971 59.692 that is in force in any part of the territory shall continue in force until altered under s. 59.971 59.692 (7) (ad).

SB639, s. 503 Section 503. 66.019 (2) (b) of the statutes is amended to read:

SB639,339,24 66.019 (2) (b) A county shoreland zoning ordinance enacted under s. 59.971 59.692 that is in force in any part of the territory shall continue in force until altered under s. 59.971 59.692 (7) (ad).

SB639, s. 504 Section 504. 66.021 (7) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,340,17 66.021 (7) (a) An ordinance for the annexation of the territory described in the annexation petition may be enacted by a two-thirds vote of the elected members of the governing body not less than 20 days after the publication of the notice of intention to circulate the petition and not later than 120 days after the date of filing with the city or village clerk of the petition for annexation or of the referendum election if favorable to the annexation. If the annexation is subject to sub. (11) the governing body shall first review the reasons given by the department of development that the proposed annexation is against the public interest. Subject to s. 59.971 59.692 (7), such an ordinance may temporarily designate the classification of the annexed area for zoning purposes until the zoning ordinance is amended as prescribed in s. 62.23 (7) (d). Before introduction of an ordinance containing such temporary classification, the proposed classification shall be referred to and recommended by the plan commission. The authority to make such temporary classification shall not be effective when the county ordinance prevails during litigation as provided in s. 59.97 59.69 (7).

SB639, s. 505 Section 505. 66.023 (3) (e) of the statutes is amended to read:

SB639,340,22 66.023 (3) (e) Content of plan; compatibility with existing law. The cooperative plan shall describe how the plan is consistent with current state and federal laws, county shoreland zoning ordinances under s. 59.971 59.692, municipal regulations and administrative rules that apply to the territory affected by the plan.

SB639, s. 506 Section 506. 66.023 (4) (a) 4. of the statutes is amended to read:

SB639,340,25 66.023 (4) (a) 4. Any county zoning agency under s. 59.97 59.69 (2) or regional planning commission whose jurisdiction includes a participating municipality.

SB639, s. 507 Section 507. 66.023 (4) (c) of the statutes, as affected by 1995 Wisconsin Act 35, is amended to read:

SB639,341,14 66.023 (4) (c) Comment on plan. Any person may comment on the plan during the hearing and may submit written comments before, at or within 20 days following the hearing. All comments shall be considered by each participating municipality. Any county zoning agency under s. 59.97 59.69 (2) or regional planning commission whose jurisdiction includes any participating municipality shall comment in writing on the plan's effect on the master plan adopted by the regional planning commission under s. 66.945 (9), or development plan adopted by the county board or county planning agency under s. 59.97 59.69 (3), and on the delivery of municipal services, and may comment on any other aspect of the plan. Any county in the regional planning commission's jurisdiction may submit comments on the effect of the cooperative plan on the master plan adopted under s. 66.945 (9) and on the delivery of county services or on any other matter related to the plan.

SB639, s. 508 Section 508. 66.024 (5m) of the statutes is amended to read: