South Carolina General Assembly
113th Session, 1999-2000

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Bill 4494


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

AMENDED

May 24, 2000

H. 4494

Introduced by Reps. Klauber, Hawkins, McGee and Simrill

S. Printed 5/24/00--H.

Read the first time January 27, 2000.

            

A BILL

TO AMEND SECTION 30-4-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INJUNCTIVE RELIEF ENFORCEMENT, ATTORNEY'S FEES AND COSTS REGARDING CASES BROUGHT UNDER THE PROVISIONS OR THE FREEDOM OF INFORMATION ACT, SO AS TO GIVE PRECEDENCE TO CONTESTED CASES ON THE MERITS OVER NON-JURY MATTERS FOR TRIAL.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 30-4-100(a) of the 1976 Code is amended to read:

"(a) Any citizen of the State may apply to the circuit court for either or both a declaratory judgment and injunctive relief to enforce the provisions of this chapter in appropriate cases as long as such application is made no later than one year following the date on which the alleged violation occurs or one year after a public vote in public session, whichever comes later. 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. Trials on the merits in contested suits for declaratory judgment or injunctive relief filed pursuant to this Chapter must be given precedence over other non-jury matters for trial, but such cases may not be called for trial until 120 days after the filing of the summons and complaint unless a shorter period of time is agreed to in writing by all parties to the suit."

SECTION 2. This act takes effect upon approval by the Governor.

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