Senate Amendments to House Bill No. 1523

TO THE CLERK OF THE HOUSE:

  THIS IS TO INFORM YOU THAT THE SENATE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:

AMENDMENT NO. 1

     AMEND by striking Section 6 in its entirety, inserting in lieu thereof the following:

SECTION 6.  An aggrieved person must first seek injunctive relief to prevent or remedy a violation of this act or the effects of a violation of this act.  If injunctive relief is granted by the court and the injunction is thereafter violated, then and only then may the aggrieved party, subject to the limitations of liability set forth in Section 11-46-15, seek the following:

          (a)  Compensatory damages for pecuniary and nonpecuniary losses;

          (b)  Reasonable attorneys' fees and costs; and

          (c)  Any other appropriate relief, except that only declaratory relief and injunctive relief shall be available against a private person not acting under color of state law upon a successful assertion of a claim or defense under this act.

     FURTHER, AMEND by striking Section 8 in its entirety and renumber subsequent sections accordingly.

     FURTHER, AMEND the title to conform.

SS26\HB1523A.2J

                                                       Liz Welch

                                         Secretary of the Senate