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2009 SESSION

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HB 2465 Removal of public official; no person who signs petition for removal of shall be liable for costs.

Introduced by: Harvey B. Morgan | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Petition to remove public official; costs.  Provides that the court shall not dismiss a petition for the removal of a public official solely because of an error or omission in the form of the petition relating to its statement of the grounds or reasons for removal unless the error or omission is material in determining whether statutory requirements have been met.  The measure provides further that any person who signs or circulates a petition for the removal of a public official (i) will not be liable for any costs associated with the proceedings, including attorney fees or court costs, and (ii) will not have sanctions imposed on him under the statute (§ 8.01-271.1) that provides sanctions in frivolous court proceedings.  This bill incorporates HB 2049.  This bill is identical to SB 1394.  

SUMMARY AS PASSED HOUSE:

Removal of public official; procedures; costs.  Provides that an error or omission in the form of a petition for removal or in the statement of the grounds or reasons for removal shall not suffice to dismiss the petition unless the error or omission is material in determining whether statutory requirements have been met.  The bill provides further that no person who signs or circulates a petition for the removal of an official (i) shall be liable for any costs associated with removal proceedings conducted pursuant to the petition, including attorney fees incurred by any other party or court costs, or (ii) shall have sanctions imposed against him pursuant to § 8.01-271.1.  This bill incorporates HB 2049.   

SUMMARY AS INTRODUCED:

Removal of public official; procedures; costs.  Provides that an error or omission in the form of a petition for removal or in the statement of the grounds or reasons for removal shall not suffice to dismiss the petition unless the error or omission is material in determining whether statutory requirements have been met.  The bill provides further that no person who signs or circulates a petition for the removal of an official (i) shall be liable for any costs associated with removal proceedings conducted pursuant to the petition, including attorney fees incurred by any other party or court costs, or (ii) shall have sanctions imposed against him pursuant to § 8.01-271.1.  The court may assess such costs or impose such sanctions only if it finds by clear and convincing evidence that the petitioner acted maliciously. This bill is identical to SB 1394.