Amendment AA2-AB266

EVM:cjs&wlj

2023 - 2024 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO ASSEMBLY BILL 266

June 12, 2023 - Offered by Representative Brooks.

AB266-AA2,1,1 At the locations indicated, amend the bill as follows:

AB266-AA2,1,4 1. Page 3, line 5: delete “59.694 (10) 781.10" and substitute “59.694 (10) (a), or if the decision is on an application for an approval, as defined in s. 781.10 (1) (a), under the procedures described in s. 59.694 (10) (b)".

AB266-AA2,1,5 2. Page 3, line 8: delete “781.10" and substitute “ 59.694 (10)".

AB266-AA2,1,6 3. Page 3, line 9: delete lines 9 to 11 and substitute:

AB266-AA2,1,7 “ Section 3e. 59.694 (10) of the statutes is renumbered 59.694 (10) (a).

AB266-AA2,3g Section 3g. 59.694 (10) (b) of the statutes is created to read:

AB266-AA2,1,11 59.694 (10) (b) Notwithstanding par. (a), a decision of the board of adjustment on an application for an approval, as defined in s. 781.10 (1) (a), is subject to review under the procedures contained in s. 781.10.”.

AB266-AA2,2,3 4. Page 3, line 16: delete “59.694 (10) 781.10" and substitute “59.694 (10) (a), or if the decision is on an application for an approval, as defined in s. 781.10 (1) (a), under the procedures described in s. 59.694 (10) (b)".

AB266-AA2,2,7 5. Page 3, line 19: delete “by certiorari under s. 781.10" and substitute “under the procedures described in s. 59.694 (10) (a), or if the decision is on an application for an approval, as defined in s. 781.10 (1) (a), under the procedures described in s. 59.694 (10) (b)".

AB266-AA2,2,11 6. Page 4, line 2: delete “under" and substitute “ pursuant to s. 62.23 (7) (e) 10. a., except that if the decision is on an application for an approval, as defined in s. 781.10 (1) (a), the decision shall be subject to review under the procedures contained in".

AB266-AA2,2,17 7. Page 4, line 22: delete lines 22 to 24 and substitute “paragraph shall be subject to review by certiorari issued by a court of record in the same manner and pursuant to the same provisions as in appeals from the decision of such board upon zoning regulations s. 62.23 (7) (e) 10. a., except that if the decision is on an application for an approval, as defined in s. 781.10 (1) (a), the decision shall be subject to review under the procedures contained in s. 781.10. In any city in which there is”.

AB266-AA2,2,20 8. Page 6, line 7: delete “par. (e) 10. s. 781.10" and substitute “par. (e) 10. a., or if the decision is on an application for an approval, as defined in s. 781.10 (1) (a), under the procedures described in par. (e) 10. b.".

AB266-AA2,2,21 9. Page 6, line 8: delete lines 8 to 11 and substitute:

AB266-AA2,2,23 “ Section 11e. 62.23 (7) (e) 10. of the statutes is renumbered 62.23 (7) (e) 10. a.

AB266-AA2,11g Section 11g. 62.23 (7) (e) 10. b. of the statutes is created to read:

AB266-AA2,3,3 62.23 (7) (e) 10. b. Notwithstanding subd. 10. a., a decision of the board of appeals on an application for an approval, as defined in s. 781.10 (1) (a), is subject to review under the procedures contained in s. 781.10.”.

AB266-AA2,3,4 10. Page 8, line 3: delete lines 1 to 9 and substitute:

AB266-AA2,3,6 “ Section 19e. 236.13 (5) of the statutes is renumbered 236.13 (5) (a) and amended to read:

AB266-AA2,3,14 236.13 (5) (a) Any person aggrieved by an objection to a plat or a failure to approve a plat may appeal therefrom as provided in s. 62.23 (7) (e) 10. a., 14. and 15., within 30 days of notification of the rejection of the plat. For the purpose of such an appeal under this paragraph, the term “board of appeals" means an “approving authority". Where the failure to approve is based on an unsatisfied objection, the agency making the objection shall be made a party to the action. The court shall direct that the plat be approved if it finds that the action of the approving authority or objecting agency is arbitrary, unreasonable, or discriminatory.

AB266-AA2,19g Section 19g. 236.13 (5) (b) of the statutes is created to read:

AB266-AA2,3,18 236.13 (5) (b) Notwithstanding par. (a), a decision of an approving authority on an application for an approval, as defined in s. 781.10 (1) (a), is subject to review under the procedures contained in s. 781.10.”.

AB266-AA2,3,21 11. Page 10, line 13: after “court's decision" insert “or take any other action that the court deems appropriate in the interests of justice that is consistent with judicial review of an action in certiorari".

AB266-AA2,3,22 (End)