Amendment ID: S2120-14-R2

2nd Redraft Amendment 14

Allowing findings on the record

Messrs. Brownsberger and Joyce and Ms. Gobi move to amend the amendment , in section 9, by striking out, in lines 260 through 263, inclusive, the words “(iii) If a requestor has obtained relief under either (i) or (ii) of this clause, and the superior court determines that the assessment of reasonable attorney fees and other litigation costs reasonably incurred is not warranted, the judge shall issue written findings specifying the basis for not awarding reasonable attorney fees and other litigation costs reasonably incurred.” and inserting in place thereof the following words:-

"(iii) If a requestor has obtained relief under (i) of this clause and the superior court determines that 1 or more of the conditions exists under subclauses (A) through (D), or (ii) of this clause, whether the superior court determines that the assessment of reasonable attorney fees and other litigation costs reasonably incurred are warranted or not warranted, the judge shall issue findings specifying the basis for allowing or denying those fees and costs."; and

in section 8, in paragraph (3) of subsection (d) of proposed section 10A of chapter 66 of the General Laws, by striking out the last sentence and inserting in place thereof the following sentence:-  "Whether the superior court determines to waive any fee assessed under said subsection (d) of said section 10, it shall issue findings specifying the basis for such decision.".