DELAWARE STATE SENATE

152nd GENERAL ASSEMBLY

SENATE AMENDMENT NO. 6

TO

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 2

AMEND Senate Substitute No. 1 for Senate Bill No. 2 on line 67 by inserting " Failure to issue a permit to a qualified individual within the 30 day mandatory requirement shall entitle the applicant to recover from SBI all of the following: liquidated damages in the amount of $1,000 per day for each day beyond and in excess of said 30 day mandatory requirement, plus recovery of all reasonable attorney fees, court costs, and costs of litigation resulting from the applicant’s enforcement of this provision in the Superior Court, with interest at the legal rate. " after the period as it appears therein.

SYNOPSIS

This Amendment creates a remedy for an aggrieved person that is not provided a permit, that is properly due to be issued, within the mandatory 30-day timeframe described in this Act. This Amendment permits an aggrieved person in these circumstances to recover from SBI all of the following: $1,000.00 in liquidated damages per day for each day beyond the 30-day requirement, attorneys fees incurred for pursuing relief in Superior Court, court costs, and interest at the legal rate.

Author: Senator Hocker