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2014 SESSION
SB 578 Permits and approvals, certain; damages for unconstitutional grant or denial by locality.
Introduced by: Mark D. Obenshain | 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. 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 HB 1084.
FULL TEXT
- 01/10/14 Senate: Presented and ordered printed 14103510D pdf
- 01/27/14 Senate: Committee substitute printed 14104439D-S1 pdf
- 03/05/14 Senate: Bill text as passed Senate and House (SB578ER) pdf
- 04/06/14 Governor: Acts of Assembly Chapter text (CHAP0717) pdf
AMENDMENTS
HISTORY
- 01/10/14 Senate: Presented and ordered printed 14103510D
- 01/10/14 Senate: Referred to Committee on Local Government
- 01/21/14 Senate: Reported from Local Government (11-Y 0-N)
- 01/21/14 Senate: Rereferred to Courts of Justice
- 01/27/14 Senate: Reported from Courts of Justice with substitute (14-Y 1-N)
- 01/27/14 Senate: Committee substitute printed 14104439D-S1
- 01/28/14 Senate: Passed by for the day
- 01/29/14 Senate: Constitutional reading dispensed (40-Y 0-N)
- 01/30/14 Senate: Read second time
- 01/30/14 Senate: Reading of substitute waived
- 01/30/14 Senate: Committee substitute agreed to 14104439D-S1
- 01/30/14 Senate: Engrossed by Senate - committee substitute SB578S1
- 01/31/14 Senate: Read third time and passed Senate (40-Y 0-N)
- 02/07/14 House: Placed on Calendar
- 02/07/14 House: Read first time
- 02/07/14 House: Referred to Committee for Courts of Justice
- 02/14/14 House: Assigned Courts sub: Civil Law
- 02/17/14 House: Subcommittee recommends reporting with amendment(s) (8-Y 1-N)
- 02/21/14 House: Reported from Courts of Justice with amendment (19-Y 0-N)
- 02/25/14 House: Read second time
- 02/26/14 House: Read third time
- 02/26/14 House: Committee amendment agreed to
- 02/26/14 House: Engrossed by House as amended
- 02/26/14 House: Passed House with amendment (98-Y 1-N 1-A)
- 02/26/14 House: VOTE: PASSAGE (98-Y 1-N 1-A)
- 02/28/14 Senate: House amendment agreed to by Senate (39-Y 0-N)
- 03/05/14 Senate: Enrolled
- 03/05/14 Senate: Bill text as passed Senate and House (SB578ER)
- 03/05/14 House: Signed by Speaker
- 03/08/14 Senate: Signed by President
- 04/06/14 Governor: Approved by Governor-Chapter 717 (effective 7/1/14)
- 04/06/14 Governor: Acts of Assembly Chapter text (CHAP0717)