Amendment AA2-AB442

LRBa1705/1

MES:jld:rs

2003 - 2004 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO 2003 ASSEMBLY BILL 442

November 11, 2003 - Offered by Representative Albers.

AB442-AA2,1,1 At the locations indicated, amend the bill as follows:

AB442-AA2,1,2 1. Page 3, line 6: delete lines 6 to 11 and substitute:

AB442-AA2,1,5 "59.694 (3m) Quorum, reconsideration requirements. (a) If a quorum is present, the board of adjustment may take action under this section by a majority vote of the members present.

AB442-AA2,1,9 (b) 1. If only 3 members of the board of adjustment are present and the board of adjustment contains more than 3 members, and if the vote on any issue results in a tie, that issue shall be reconsidered at the next scheduled meeting of the board of adjustment.

AB442-AA2,2,7 2. If at the next 2 successive meetings of the board of adjustment a tie vote results on an issue that is described in subd. 1., the party that appealed to the board of adjustment may request a special meeting of the board of adjustment, which shall be held not later than 10 days after the request is made. All members of the board of adjustment shall attend the special meeting. If a member is unable to attend a special meeting, an alternate member shall attend the special meeting. If one or more members of the board of adjustment are absent from the special meeting and if each absent member is not represented by an alternate member of the board of adjustment, the party that appealed to the board of adjustment may file an action to recover damages caused by the failure of the board of adjustment to act with all of its members present at the special meeting.".

AB442-AA2,2,8 2. Page 4, line 5: delete lines 5 to 9 and substitute:

AB442-AA2,2,10 "62.23 (7) (e) 3m. If a quorum is present, the board of appeals may take action under this subsection by a majority vote of the members present.

AB442-AA2, s. 5m Section 5m. 62.23 (7) (e) 3s. of the statutes is created to read:

AB442-AA2,2,14 62.23 (7) (e) 3s. a. If less than 5 members of the board of appeals are present, and if the vote on any issue results in a tie, that issue shall be reconsidered at the next scheduled meeting of the board of appeals.

AB442-AA2,3,2 b. If at the next 2 successive meetings of the board of appeals a tie vote results on an issue that is described in subd. 3. a., the party that appealed to the board of appeals may request a special meeting of the board of appeals, which shall be held not later than 10 days after the request is made. All members of the board of appeals shall attend the special meeting. If a member is unable to attend a special meeting, an alternate member shall attend the special meeting. If one or more members of the board of appeals are absent from the special meeting and if each absent member is not represented by an alternate member of the board of appeals, the party that appealed to the board of appeals may file an action to recover damages caused by the failure of the board of appeals to act with all of its members present at the special meeting.".

AB442-AA2,3,3 (End)