Amend the bill, as and if amended, by deleting SECTION 1 beginning on page 2, line 31.
Amend the bill further, as and if amended, by deleting SECTION 2 beginning on page 4, line 20.
Amend the bill further, as and if amended, page 10, by striking lines 17-32 within SECTION 6 and inserting:
/ "Section 30-4-100. (a)(A) Any A citizen of the State may apply to the circuit court for either or both a declaratory judgment and, injunctive relief, or both, to enforce the provisions of this chapter in appropriate cases as long as such if the application is made no later than one year following after the date on which the of the alleged violation occurs or one year after a public vote in public session, whichever comes later. Upon the filing of the request for declaratory judgment or injunctive relief related to provisions of this chapter, the chief administrative judge of the circuit court must schedule an initial hearing within ten days of the service on all parties. If the hearing court is unable to make a final ruling at the initial hearing, the court shall establish a scheduling order to conclude actions brought pursuant to this chapter within six months of initial filing. The court may extend this time period upon a showing of good cause. The court may order equitable relief as it considers appropriate, and a violation of this chapter must be considered to be an irreparable injury for which no adequate remedy at law exists. /
Amend the bill further, as and if amended, by deleting SECTION 7 beginning on page 10, line 40 and inserting:
/ SECTION 7. Section 30-4-110 of the 1976 Code is amended to read:
"Section 30-4-110. Any person or group of persons who willfully violates the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction shall be fined not more than one hundred dollars or imprisoned for not more than thirty days for the first offense, shall be fined not more than two hundred dollars or imprisoned for not more than sixty days for the second offense and shall be fined three hundred dollars or imprisoned for not more than ninety days for the third or subsequent offense.
(A) A public body may file a request for hearing with the Circuit Court to seek relief from unduly burdensome, overly broad, vague, repetitive, or otherwise improper requests, or where it has received a request but it is unable to make a good faith determination as to whether the information is exempt from disclosure.
(B) If a request for disclosure may result in the release of records or information exempt from disclosure under Section 30-4-40(a)(1), (2), (4), (5), (9), (14), (15), or (19), a person or entity with a specific interest in the underlying records or information shall have the right to request a hearing with the court or to intervene in an action previously filed.
(C) If a person or entity seeking relief under this section prevails, the court may order:
(1) equitable relief as he considers appropriate,
(2) actual or compensatory damages, or
(3) reasonable attorney's fees and other costs of litigation specific to the request, unless otherwise barred by a finding of good faith pursuant to Section 1-23-665(E).
(D) If the person or entity prevails in part, he may be awarded reasonable attorney's fees or other costs of litigation specific to the request, or an appropriate portion thereof, unless otherwise barred.
(E) If the court finds that the public body has arbitrarily and capriciously violated the provisions of this chapter by refusal or delay in disclosing or providing copies of a public record, it may, in addition to actual or compensatory damages or equitable relief, impose a civil fine of five hundred dollars." /
Amend the bill further, as and if amended, by deleting SECTION 10 and inserting:
/ SECTION 10. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.