Bill Text: CT HB06905 | 2015 | General Assembly | Introduced

Connecticut House Bill 6905 (Prior Session Legislation)

Introduced

Bill Title: An Act Concerning The Awarding Of Costs For Appeals Under The Freedom Of Information Act.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2015-02-26 - Public Hearing 03/02 [HB06905 Detail]

Download: Connecticut-2015-HB06905-Introduced.html


General Assembly		*Raised Bill No. 6905*
*January Session, 2015*		LCO No. 4239
		04239_______GAE
Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
Introduced by:
(GAE)

AN ACT CONCERNING THE AWARDING OF COSTS FOR APPEALS UNDER THE FREEDOM OF INFORMATION ACT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (d) of section 1-206 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(d) Any party aggrieved by the decision of said commission may appeal therefrom, in accordance with the provisions of section 4-183. Notwithstanding the provisions of section 4-183, in any such appeal of a decision of the commission, the court may conduct an in camera review of the original or a certified copy of the records which are at issue in the appeal but were not included in the record of the commission's proceedings, admit the records into evidence and order the records to be sealed or inspected on such terms as the court deems fair and appropriate, during the appeal. The commission shall have standing to defend, prosecute or otherwise participate in any appeal of any of its decisions and to take an appeal from any judicial decision overturning or modifying a decision of the commission. If aggrievement is a jurisdictional prerequisite to the commission taking any such appeal, the commission shall be deemed to be aggrieved. Notwithstanding the provisions of section 3-125, legal counsel employed or retained by said commission shall represent said commission in all such appeals and in any other litigation affecting said commission. Notwithstanding the provisions of subsection (c) of section 4-183 and section 52-64, all process shall be served upon said commission at its office. Any appeal taken pursuant to this section shall be privileged in respect to its assignment for trial over all other actions except writs of habeas corpus and actions brought by or on behalf of the state, including informations on the relation of private individuals. Nothing in this section shall deprive any party of any rights he may have had at common law prior to January 1, 1958. In any appeal taken under this section or section 4-183, the court may, in addition to any other powers conferred by law, order said commission to pay the complainant reasonable attorney's fees and other litigation costs reasonably incurred in an appeal in which the complainant has prevailed against said commission. If the court finds that any appeal taken pursuant to this section or section 4-183 is frivolous or taken solely for the purpose of delay, it shall order the party responsible therefor to pay to the party injured by such frivolous or dilatory appeal costs or attorney's fees of not more than one thousand dollars. Such order shall be in addition to any other remedy or disciplinary action required or permitted by statute or by rules of court.


This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2015	1-206(d)

Statement of Purpose:

To authorize the court to award attorney's fees and other litigation costs to an aggrieved party who prevails in an appeal against the Freedom of Information Commission.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]