Amendment ID: S2120-45

Amendment 45

Timeline for Civil Action

Messrs. Keenan and Joyce move to amend the amendment by striking out, in lines 209 to 213, the following sentence:-“A requestor, aggrieved by an order issued by the supervisor of records or upon the failure of the supervisor of records to issue a timely determination, may obtain judicial review only through an action in superior court seeking relief in the nature of certiorari under section 4 of chapter 249 and as prescribed in subsection (d)." 

And further amended, by striking out lines 226 to 231, and inserting in place thereof the following:-“(c) A requestor, aggrieved by an order issued by the supervisor of records or upon the failure of the supervisor of records to issue a timely determination, may (i) obtain judicial review only through an action in superior court seeking relief in the nature of certiorari under section 4 of chapter 249 and as prescribed in subsection (d); or (ii) initiate a civil action to enforce the requirements of this chapter, provided such action under this subsection shall be filed in Suffolk superior court with respect to agencies and, with respect to municipalities, in the superior court in the county in which the municipality is located.  In any civil action, the superior court shall have available all remedies at law or in equity, provided that any damages awarded shall be consistent with subsection (d).”