Amendment ID: S2120-22-R1

Redraft Amendment 22

Closing Loopholes in Attorney Fees

Mr. Eldridge moves to amend the amendment by inserting after the word “decree”, in line 242, the following:-

, or through a voluntary or unilateral change in position by the agency or municipality if the requestor’s claim is not insubstantial,

and by striking out lines 256-263, and replacing them with the following:-

If a requestor has obtained relief under subclauses (A) through (D), 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.