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2014 SESSION
HB 1084 Permits and approvals, certain; damages for unconstitutional grant or denial by locality.
Introduced by: Rick L. Morris | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Damages, attorney fees, and costs for unconstitutional grant or denial by locality of certain permits and approvals. Provides that an applicant aggrieved by the grant or denial by a locality of any approval or permit, where such grant included, or denial was based upon an unconstitutional condition, shall be entitled to an award of compensatory damages and may be awarded reasonable attorney fees and costs. Provides that an applicant aggrieved by the grant or denial by a locality of any approval or permit, where such grant included, or denial was based upon, an unconstitutional condition, shall be entitled to an award of compensatory damages and may be awarded reasonable attorney fees and costs. The bill also creates a presumption that a condition proven to be unconstitutional was a factor in the grant or denial of the permit, and it provides that the applicant shall be entitled to an order remanding the matter to the locality with a direction to grant or issue such permits or approvals without the unconstitutional condition. Any action brought pursuant to this bill shall be filed within the applicable time period, as set forth in the Code, after the grant or denial of the application, and the provisions of this bill shall only apply to approvals or permits that are granted or denied on or after July 1, 2014. This bill is identical to SB 578.
FULL TEXT
- 01/09/14 House: Presented and ordered printed 14103494D pdf | impact statement
- 02/03/14 House: Committee substitute printed 14104628D-H1 pdf
- 02/27/14 House: Bill text as passed House and Senate (HB1084ER) pdf
- 04/06/14 Governor: Acts of Assembly Chapter text (CHAP0671) pdf
AMENDMENTS
HISTORY
- 01/09/14 House: Presented and ordered printed 14103494D
- 01/09/14 House: Referred to Committee for Courts of Justice
- 01/16/14 House: Assigned Courts sub: Civil Law
- 01/29/14 House: Subcommittee recommends reporting with amendment(s) (5-Y 4-N)
- 02/03/14 House: Committee substitute printed 14104628D-H1
- 02/03/14 House: Reported from Courts of Justice with substitute (19-Y 2-N)
- 02/05/14 House: Read first time
- 02/06/14 House: Read second time
- 02/06/14 House: Committee substitute agreed to 14104628D-H1
- 02/06/14 House: Engrossed by House - committee substitute HB1084H1
- 02/07/14 House: Read third time and passed House (88-Y 7-N 1-A)
- 02/07/14 House: VOTE: PASSAGE (88-Y 7-N 1-A)
- 02/10/14 Senate: Constitutional reading dispensed
- 02/10/14 Senate: Referred to Committee on Local Government
- 02/18/14 Senate: Reported from Local Government with amendments (13-Y 2-N)
- 02/20/14 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/21/14 Senate: Read third time
- 02/21/14 Senate: Reading of amendments waived
- 02/21/14 Senate: Committee amendments agreed to
- 02/21/14 Senate: Engrossed by Senate as amended
- 02/21/14 Senate: Passed Senate with amendments (38-Y 2-N)
- 02/24/14 House: Placed on Calendar
- 02/25/14 House: Senate amendments agreed to by House (95-Y 3-N)
- 02/25/14 House: VOTE: ADOPTION (95-Y 3-N)
- 02/27/14 House: Enrolled
- 02/27/14 House: Bill text as passed House and Senate (HB1084ER)
- 02/27/14 House: Signed by Speaker
- 03/01/14 Senate: Signed by President
- 04/06/14 Governor: Approved by Governor-Chapter 671 (effective 7/1/14)
- 04/06/14 Governor: Acts of Assembly Chapter text (CHAP0671)