Senate Amendments to House Bill No. 353

TO THE CLERK OF THE HOUSE:

  THIS IS TO INFORM YOU THAT THE SENATE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:

AMENDMENT NO. 1

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

SECTION 1.  (1)  For purposes of this section:

          (a)  "Local government" means the board of supervisors of any county or the governing authorities of any municipality.

          (b)  "Person" means any individual, corporation or any other legal entity.

     (2)  If a local government passes an order, resolution or ordinance that is final and is no longer appealable to the local government and a person continues to violate a final decision of the local government regarding the order, resolution or ordinance, as the case may be, and the local government then files a civil action to enforce such order, resolution or ordinance, the person shall pay all court costs and attorney fees associated with the enforcement of the order, resolution or ordinance.  The court costs and attorney fees shall be paid by such person after the court costs and attorney fees have been submitted to and approved by the court in which the action was taken, and only if the local government prevails.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2020.

     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

     AN ACT TO PROVIDE THAT WHEN A PERSON FAILS TO ABIDE BY A FINAL ORDER, RESOLUTION OR ORDINANCE OF THE BOARD OF SUPERVISORS OF ANY COUNTY OR THE GOVERNING AUTHORITIES OF ANY MUNICIPALITY, AS THE CASE MAY BE, SUCH PERSON SHALL PAY ALL COURT COSTS AND ATTORNEY FEES IF A COUNTY OR MUNICIPALITY FILES A CIVIL ACTION TO ENFORCE THE ORDER, RESOLUTION OR ORDINANCE OF THE COUNTY OR MUNICIPALITY, AND PREVAILS; AND FOR RELATED PURPOSES.

SS26\HB353PS.J

                                                Eugene S. Clarke

                                         Secretary of the Senate