AMENDMENT FOR PRINTED BILL
101fc
___________________ moved that SB 101 be amended as follows:
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That chapter 1-27 be amended by adding thereto a NEW SECTION to read as
follows:
If the office of hearing examiners enters a decision pursuant to § 1-27-40 concluding that certain
records shall be released or that the fee charged pursuant to §§ 1-27-35 and 1-27-36 was excessive,
the public entity has thirty days after the opinion is issued to comply with the order or to file an
appeal pursuant to § 1-27-41.
Section 2. That chapter 1-27 be amended by adding thereto a NEW SECTION to read as follows:
In a civil action filed pursuant to § 1-27-38 or upon an appeal filed pursuant to § 1-27-41, if the
court determines that the public entity acted unreasonably and in bad faith the court may award costs,
disbursements, and a civil penalty not to exceed fifty dollars for each day that the record or records
were delayed through the fault of the public entity. Any civil penalty collected pursuant to this
section shall be deposited into the state general fund."