Amendment ID: S2120-46

Amendment 46

Requests made to harass or intimidate, or primarily for commercial purposes

Messrs. Keenan and Joyce move to amend the amendment by inserting after the words "federal law" in line 239 the following:-

", or that the agency or municipality is relieved of its obligation to provide such record because the request was designed to harass or intimidate"

and to further amend the bill by striking paragraph (2) of the subsection (d) of the proposed section 10A, in lines 240 through 255 inclusive, and inserting in place thereof the following:-

"(2) (i) The superior court shall award reasonable attorney fees and other litigation costs reasonably incurred to the requestor in any case in which the requestor has obtained relief through a judicial order or consent decree, except as described in the following subclauses:

(A) The superior court may, but shall not be required to, award reasonable attorney fees and other litigation costs reasonably incurred to the requestor if said court finds that the agency or municipality reasonably relied on a published opinion by the supervisor of records, the attorney general, or of an appellate court based on similar facts.

(B) The superior court shall not award attorney fees and other litigation costs incurred to the requestor if said court finds that the agency or municipal action did not violate this chapter.

(C) The superior court shall not award attorney fees and other litigation costs incurred to the requestor if said court finds that the request was made primarily for a private or commercial purpose, not primarily intended for the dissemination of information to the public about actual or alleged government activity."