View Amendment Current Amendment: 32 to Bill 5100

S E N A T E A M E N D M E N T

   AMENDMENT NO. _____

GODWIN/CHANDLER

CREATEDATE \@ "MMMM d, yyyy" \* MERGEFORMAT April 23, 2024

ADOPTEDTABLEDCARRIED OVERFAILEDRECONSIDERED

Clerk of the Senate

   ADOPTION NO. _____

BILL NO: H.5100  (Reference is to Printer's Date 04/23/24-H.)

04572000

 Senator SENN proposes the following amendment (5100R016.JG.SS.DOCX):

 Amend the bill, as and if amended, Part IB, Section 55, DEPARTMENT OF ENVIRONMENTAL SERVICES, page 429, after line 8, by striking the proviso contained in Amendment 14, as adopted, and inserting:

/55. (DES: Beaches) Of the funds appropriated to the Department of Environmental Services, "Beaches" means those lands subject to periodic inundation by tidal and wave action so that no non littoral vegetation is established; or such other definition that is established by statute. A determination by the agency that an area is considered "Beach" pursuant to this provision is subject to immediate appellate review by the Administrative Law Court. Appellant shall issue notice of appeal within 30 days, which shall stay any enforcement action during the pendency of the action. All cases pursuant to this proviso shall be given priority status for the purposes of scheduling any hearings or trials. If the administrative law judge issues an order reversing the decision of the agency, as it relates to the agency's determination of "Beaches," then the Administrative Law Judge shall issue attorney's fees and costs to the appellant. The agency may be solely responsible for the attorney's fees and costs; and any third-party litigants relying on such claims may be responsible for a portion of those fees at the discretion of the Administrative Law Judge. If the administrative law judge issues an order upholding the decision of the agency, as it relates to the agency's determination of "Beaches," then the Administrative Law Judge shall issue attorney's fees and costs to the agency. The appellant may be solely responsible for the attorney's fees and costs of the agency and any third-party litigants relying on the agency's claims. /

 

 Amend sections, totals and title to conform.