BAD FOIA Legislation Would Limit Transparency!
It has come to our attention that certain senators and representatives are actually bringing forth bills that would LIMIT and BLOCK people from receiving certain needed information via FOIA (Freedom of Information Act) requests! Many of these bills will actually be heard in committees VERY SOON (some on Tues, Jan. 31, 2017), and we’ve included information about those sneaky pieces of legislation below.
The Arkansas Freedom of Information Act (FOIA) is one of the most comprehensive and strongest open-records and open-meetings laws in the United States. Let’s keep it that way!
It also sets a protocol and certain deadlines by which public officials must respond to information requests.
One of these bad bills that seeks to limit access to information (HB 1248) comes up onTues, Jan. 31, 2017 in the House Judiciary Committee at 10:00 am. We need to contact our state representatives and tell them to VOTE NO on HB 1248.
NOTE: it appears that this legislation came from OUT OF STATE. Many states have already defeated BAD legislation like this, and so must we!
HOUSE BILL 1248 By: Representative J. Williams For An Act To Be Entitled AN ACT TO CREATE AN EXEMPTION UNDER THE FREEDOM OF INFORMATION ACT OF 1967 CONCERNING CERTAIN LAW ENFORCEMENT …
– J. Williams – Regular Session, 2017
HB 1248 should be defeated for the following reasons:
- A court order should not be necessary to get a release of any footage recorded by a body camera
- Many people cannot afford to bring a claim in court in order to obtain body camera footage.
- If this bill is passed, it could create distrust in the law enforcement community. For example, what are they trying to hide? From whom? Why?
Pay Attention: If your attorney is defending you, and evidence is stamped “under investigation”, even your OWN attorney cannot get the information needed to defend you! It would take a COURT ORDER to get the information which could possibly clear you from a conviction and prevent you from going to JAIL!
The FOIA is one of the greatest pieces of legislation that has ever been introduced to the public! Secure Arkansas is a BIG proponent of FREEDOM, and Freedom of Information is no exception. We use it ALL THE TIME!
Here’s the House Judiciary Committee Agenda for 1/31/2017 with HB 1248 on it, and the proposed legislation is copied and pasted below.
Stricken language would be deleted from and underlined language would be added to present law.
State of Arkansas
91st General Assembly Regular Session, 2017
By: Representative J. Williams
A Bill
For An Act To Be Entitled
HOUSE BILL 1248
Stricken language would be deleted from and underlined language would be added to present law.
AN ACT TO CREATE AN EXEMPTION UNDER THE FREEDOM OF INFORMATION ACT OF 1967 CONCERNING CERTAIN LAW ENFORCEMENT INVESTIGATIVE RECORDS; AND FOR OTHER PURPOSES.
Subtitle
TO CREATE AN EXEMPTION UNDER THE FREEDOM
OF INFORMATION ACT OF 1967 CONCERNING
CERTAIN LAW ENFORCEMENT INVESTIGATIVE
RECORDS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code Title 12, Chapter 6, is amended to add an additional subchapter to read as follows:
Subchapter 6 — Law Enforcement Agencies in General 12-6-601. Confidentiality of certain law enforcement records —
Definitions.
(a) As used in this section:
(1) "Body-worn camera" means an electronic device affixed to a law enforcement officer's person that records both audio and video data; and
(2) "Dash camera" means an onboard electronic device that continuously records both audio and video data through the windshield of a law enforcement vehicle.
(b) Data recorded on a body-worn camera or a dash camera that is relevant to an investigation conducted by a law enforcement agency is exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et
– – – – – – – – – –
Regarding body or dash camera evidence, the response time to FOIA requests is CRITICAL; it cannot be left to the discretion of law enforcement agencies.
Why are these state lawmakers running these bills? Didn’t they promise MORE TRANSPARENCY in government? These bills are the antithesis of transparency. Why do they want this information hidden from the public? Whom will it benefit? What’s their agenda? What’s their true motive? Who’s writing these bills, anyway?
There are a BUNCH of this type of FOIA-halting bills, and we don’t have time to comment on all of them tonight, but it appears to us like a police state is slowly being set up. Think about it… Why would officer body camera evidence be blocked from being released?
WHAT CAN YOU DO ABOUT IT? Call the representatives on the House Judiciary Committee and tell them to VOTE NO on HB 1248 and that you don’t want any additional exemptions on the Freedom of Information Act. You may call the House Session Number at 501-682-6211 and leave a message for the representatives, but it helps to contact them directly at their phone numbers listed below.
House Judiciary Committee Members — contact info
|
Title |
Name |
Phone |
|
District |
|---|---|---|---|---|
|
Representative |
Matthew J. Shepherd, Chair |
6 |
||
|
Representative |
Dwight Tosh, Vice Chair |
52 |
||
|
Representative |
Jeremy Gillam |
45 |
||
|
Representative |
Douglas House |
40 |
||
|
Representative |
Charlene Fite |
80 |
||
|
Representative |
Bob Ballinger |
97 |
||
|
Representative |
David Whitaker |
85 |
||
|
Representative |
Rebecca Petty |
94 |
||
|
Representative |
Trevor Drown |
68 |
||
|
Representative |
Michelle Gray |
62 |
||
|
Representative |
Charles Blake |
36 |
||
|
Representative |
Clarke Tucker |
35 |
||
|
Representative |
Laurie Rushing |
26 |
||
|
Representative |
Lanny Fite |
23 |
||
|
Representative |
Milton Nicks, Jr. |
50 |
||
|
Representative |
Brandt Smith |
58 |
||
|
Representative |
John Maddox |
20 |
||
|
Representative |
Jimmy Gazaway |
57 |
||
|
Representative |
Carol Dalby |
1 |
||
|
Representative |
Sarah Capp |
82 |
Moving on to the next bad bill, Senator Gary Stubblefield is sponsoring SB 12! It will be coming up this week in the Senate Education Committee, Wednesday, Feb. 1, 2017 at 10:00 am.
VOTE NO on all Freedom of Information Act (FOIA) legislation. We don’t need any new exemptions to the FOIA legislation.
Attn: state lawmakers, you need to refuse to advance these bad FOIA bills! Hopefully, this will create a firestorm of protests. These bills eliminate transparency and create bad government for the people. We need sunshine in government!
Senate Bill 12 (SB 12)
TO ESTABLISH THAT EMERGENCY OR SECURITY RECORDS OR OTHER INFORMATION FOR A PUBLIC SCHOOL DISTRICT, PUBLIC SCHOOL, OR STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION IS EXEMPT FROM THE FREEDOM OF INFORMATION ACT OF 1967.
Stricken language would be deleted from and underlined language would be added to present law.
State of Arkansas
91st General Assembly
Regular Session, 2017 Senate Bill 12
By: Senator G. Stubblefield
For An Act To Be Entitled
AN ACT TO ESTABLISH THAT EMERGENCY OR SECURITY RECORDS OR OTHER INFORMATION FOR A PUBLIC SCHOOL OR STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION IS EXEMPT FROM THE FREEDOM OF INFORMATION ACT OF 1967; AND FOR OTHER PURPOSES.
Subtitle
TO ESTABLISH THAT EMERGENCY OR SECURITY RECORDS OR OTHER INFORMATION FOR A PUBLIC SCHOOL DISTRICT, PUBLIC SCHOOL, OR STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION IS EXEMPT FROM THE FREEDOM OF INFORMATION ACT OF 1967.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code Title 6, Chapter 15, Subchapter 13, is amended to add an additional section to read as follows:
6-15-1304. Emergency or security records or information — Disclosure exempted.
The following records or other information related to a public school district or public school that operates a prekindergarten program or serves any students in any grade in kindergarten through grade twelve (K-12) is confidential and not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.:
- (1) Records or other information that upon disclosure could reasonably be expected to be detrimental to the public safety, including without limitation records or other information concerning emergency or security plans, school safety plans, procedures, risk assessments, studies, measures, or systems;
- (2) Records or other information relating to the number of licensed security officers, school resource officers, or other security personnel, as well as any personal information about those individuals; and
- (3) Any other records or other information relating to or having an impact upon the security or safety of persons, structures, facilities, or other infrastructure of a public school district or public school.
SECTION 2. Arkansas Code Title 6, Chapter 61, Subchapter 1, is amended to add an additional section to read as follows:
6-61-139. Emergency or security records or information – Disclosure exempted.
The following records or other information is confidential and not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.:
(1) Records or other information of a state-supported Institution of higher education
that upon disclosure could reasonably be expected to be detrimental to the public
safety, including records or other information concerning emergency or security plans,
procedures, risk assessments, studies, measures, or systems;
(2) Records or other information relating to the number of licensed security officers, certified law enforcement officers, or other security personnel employed by or contracting with a state-supported institution of higher education, as well as any personal information about those individuals; and
(3) Any other records or other information of a state-supported institution of higher education relating to or having an impact upon the security or safety of persons, structures, facilities, or other infrastructure.
– – – – – – – – – –
These FOIA bills will greatly obstruct transparency! Without the ability to have proper FOIA information, people will be left nearly defenseless and unable to get necessary evidence. There do not need to be ANY MORE exemptions to the Freedom of Information Act.
Government transparency is critical in order for citizens to hold their elected officials and bureaucrats accountable.
Contact the Senators on the Senate Education Committee (shown below), and tell them to VOTE NO on SB 12 and all Freedom of Information Act (FOIA) legislation that adds exemptions.
Senate Education Committee Members
|
Title |
Name |
Phone |
|
District |
|---|---|---|---|---|
|
Senator |
Jane English, Chair |
34 |
||
|
Senator |
Joyce Elliott, Vice Chair |
31 |
||
|
Senator |
Linda Chesterfield |
30 |
||
|
Senator |
Alan Clark |
13 |
||
|
Senator |
Jim Hendren |
2 |
||
|
Senator |
Bart Hester |
1 |
||
|
Senator |
Blake Johnson |
20 |
||
|
Senator |
Uvalde Lindsey |
4 |
Stay tuned, and let us know what you hear from the legislators!
Securing the blessings of liberty,
Secure Arkansas
securetherepublic.com/arkansas
info@securetherepublic.com
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