Amend the bill, as and if amended, by deleting SECTION 1 beginning on page 1, line 30 and SECTION 2 beginning on page 4, line 19.
Amend the bill further, as and if amended, page 10 by striking lines 17-38 and inserting:
/ "Section 30-4-100. (a)(A) Any A citizen of the State may apply to the circuit court or the Administrative Law Court pursuant to the jurisdiction provided for in Subsection (B), 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. 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.
(B) The Administrative Law Court shall have concurrent jurisdiction with the circuit court for cases arising from Sections 30-4-30 and 30-4-40, however, the circuit court shall have exclusive jurisdiction to hear a challenge to:
(1) a determination that an organization is not a public body as defined by Section 30-4-20(a), and
(2) a determination relating to the data from a video or audio recording made by a law enforcement vehicle mounted recording device or dashboard camera.
(C) If a person files a request for relief under this chapter in the circuit court, the chief administrative judge of the circuit court must schedule an initial hearing with an appropriate court 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.
(b)(D) If a person or entity seeking such relief under this chapter prevails, he or it may be awarded reasonable attorney's fees and other costs of litigation specific to the request. If such the person or entity prevails in part, the court may in its discretion award him or it reasonable attorney's fees and costs or an appropriate portion thereof of those attorney's fees and costs." /
Amend the bill further, as and if amended, by deleting Section 30-4-110 in SECTION 7, beginning on page 11, line 1 and ending on page 12, line 29 and inserting:
/ "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 citizen of this State may file a request for a hearing with the Administrative Law Court in the following instances:
(1) to seek specific enforcement of a request made pursuant to Section 30-4-30, when the public body from which the records are requested fails to comply with the time limits provided in Section 30-4-30(C),
(2) to challenge the reasonableness of a fee assessed pursuant to Section 30-4-30, and
(3) to challenge a public body's determination that the requested information is not a public record under Section 30-4-20(c), or that the requested information is exempt from disclosure under Section 30-4-40.
(B) A public body may file a request for hearing 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.
(C) 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 or to intervene in an action previously filed.
(D) 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.
(E) 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.
(F) 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, page 13 by striking line 25 and inserting:
/ SECTION 10. This act takes effect on July 1, 2018. /
Renumber sections to conform.
Amend title to conform.