SB1028 - Provides a cause of action against a public body that causes economic detriment to a person for misapplication or unequal enforcement of the law

SB 1028

Provides a cause of action against a public body that causes economic detriment to a person for misapplication or unequal enforcement of the law

Sponsor:

Moon

LR Number:

4845S.01I

Committee:

Judiciary and Civil and Criminal Jurisprudence

Last Action:

3/1/2022 - Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee

Journal Page:

S862

Title:

Calendar Position:

Effective Date:

August 28, 2022

Current Bill Summary

SB 1028 - This act creates a cause of action against a state or local public body or an employee thereof if the public body or an employee in performance of a statutory or constitutional duty causes an economic detriment to the person due to:

(1) An error in the application of any provision of law; or

(2) The enforcement of any order, ordinance, rule, regulation, policy, or other similar measure that imposes greater restrictions or burdens on the person than on others.

Upon a showing by a preponderance of the evidence that the public body or an employee thereof has caused an economic detriment to the person, the court shall award damages to the person in an amount equal to the amount of the economic detriment.

This act is identical to SB 595 (2021).

KATIE O'BRIEN

Amendments

No Amendments Found.