How SB 196 changes current law

TO AMEND THE FREEDOM OF INFORMATION ACT OF 1967; AND TO AMEND THE AWARDING OF ATTORNEYS FEES UNDER THE FREEDOM OF INFORMATION ACT OF 1967. · Arkansas

How this bill changes current law

1 change

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The bill amends the criteria for awarding attorney's fees in actions related to the Freedom of Information Act of 1967.

  • Arkansas Code § 25-19-107(d)(1)

    the court shall assess against the defendant reasonable attorney's fees and other litigation expenses reasonably incurred by a plaintiff who has substantially prevailed, → the court shall assess against the defendant reasonable attorney's fees and other litigation expenses reasonably incurred by a plaintiff who has substantially prevailed, after filing suit, has obtained from the defendant a significant or material portion of the public information he or she requested, unless the court finds that the position of the defendant was substantially justified.

    This change clarifies that attorney's fees can be awarded only if the plaintiff has obtained a significant or material portion of the requested public information.

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