SB 578 Permits and approvals, certain; damages for unconstitutional grant or denial by locality.
Mark D. Obenshain | all patrons    ...    notes
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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:
House amendments
House amendments engrossed

Status:
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)