A Cloud Hangs Over the Arkansas State Capitol!
Over the past few months, fifty-eight (58) exemptions, restrictions, or changes to the Freedom of Information Act (FOIA) have been filed in the Arkansas Legislature for 2017. Fifty years of transparency (Sunshine Laws) — hacked away in an alarming amount in this legislative session! Our ability for transparency in gathering information is coming to a close. The general public in Arkansas is losing the right to openness and clarity with which we can hold our public officials accountable.
Any information generated from our tax dollars should be made available to We the People. The press and the people demand transparency in government.
Many of you have requested all of the FOIA-related bills this session, so we have listed everything we could find related to the Freedom of Information Act (FOIA) in this alert. Legislators cannot file any more bills this session, and there is NO WAY that this mountain of bills could have been filed without a lot of collaboration and collective decision making to strike at the heart of freedom.
Each of the 58 bills are briefly addressed below with extracts affecting the FOIA requests. Most, not all, of the bills will block our FOIA requests and limit transparency in one way or another! For example: HB 1622 is asking to extend the time to respond to FOIA requests from 3 days to a reason for the delay, cause of the delay, and expected date of compliance with the request — in writing. However, this is way too vague and open-ended, especially when information is needed quickly. This is just one of the many bad examples of transparency with the FOIA. Without our ability to require and demand sunshine (transparency) at every level in the state, the actions of our public officials will go unexposed and unhampered, and we will be taken advantage of by the secrecy in government. Now the hidden agendas deepen. Secure Arkansas is attempting to document the “deep state” of hidden political agendas. This bombardment of anti-transparency legislation will keep us in the dark at all levels: state, counties, cities, towns, public agencies, and even school boards! We believe that HB 1622 (sponsored by Representatives Johnson, Brown, Lowery and Senator English) AND SB 373 (sponsored by Senator Bart Hester) was written by the University of Arkansas attorneys to avoid transparency.
Secure Arkansas has marked the known restrictions and exemptions to the Freedom of Information Act (FOIA) legislation in red font. The material affected under the Freedom of Information Act of 1967 is marked in yellow highlight.
*Please know that we have not fully analyzed all of these bills fully. If you find one with which you are concerned, let us know via email, and we will investigate it further.
ALL 58 bills which we have included in this alert have exceptions to FOIA disclosure.
If a bill’s language says that it’s dealing with the Freedom of Information Act of 1967 — and they ALL DO — this should cause alarm bells to ring in your minds. Pay special attention to that!
You will see that we will have each bill linked, then the sponsors, then the title or subtitle of the bill, specific information about Freedom of Information Act of 1967 taken directly from the bills themselves, and then notes and comments by us (Secure Arkansas).
Secure Arkansas realizes that some of the bills listed below may not seem that bad to you on an individual basis, but taken as a whole, we see a dangerous situation developing! Many of the current proposals dilute, block, or nullify the Freedom of Information Act (in a lot of cases).
You read — you decide!
The following is from a Bryant News online article from December 12, 2016:
Here are some snippets:
“The more that government becomes secret, the less it remains free.” That’s a quote from James Wiggins in 1956 when he was an editor for the Washington Post.
All state organizations, government agencies and employees, state universities and, basically, any information that is generated with our tax dollars fall under the Arkansas law.
That means all records in all mediums are open and accessible with very few restrictions.
This is a very lengthy article because, again, we are addressing FIFTY-EIGHT (58) bills which will affect FOIA requests in one way or another.
Stricken language (words with lines through them like this) would be deleted from and underlined language would be added to present law.
HB 2132 Sponsor: Representative Rushing
AN ACT TO CREATE THE ARKANSAS FREEDOM OF INFORMATION ACT TASK FORCE IN ORDER TO EVALUATE AND RECOMMEND CHANGES TO THE FREEDOM OF INFORMATION ACT OF 1967; AND FOR OTHER PURPOSES.
SECTION 1. The purpose of this act is to create the Arkansas Freedom of Information Act Task Force to evaluate and recommend changes to the Freedom of Information Act of 1967.
Secure Arkansas’ Note: HB 2132 creates the Arkansas Freedom of Information Act Task Force in order to evaluate and recommend changes to the Freedom of Information Act of 1967.
It says to recommend changes to the Arkansas FOIA. Do you think the legislators will expand the FOIA?… or possibly work to limit and make it more difficult to get access to government records? What are they trying so hard to cover up? The Arkansas Freedom of Information Act was one of the best Sunshine Laws in the country! The government should be held accountable for their actions! We need disclosure! State organizations, state universities, and all government agencies, including all employees in government, should be subject to transparency.
HB 1622 Sponsors: Representatives Johnson, Lowery, Brown and Senator J. English
AN ACT TO CREATE A PROCEDURE FOR ADDRESSING UNDULY BURDENSOME REQUESTS FOR DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT OF 1967; TO AMEND THE FREEDOM OF INFORMATION ACT OF 1967; TO CREATE AN AFFIRMATIVE DEFENSE; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
(2) In the case of certain large or complicated requests for public records, the three (3) days for compliance with the Freedom of Information Act of 1967, § 25-19-101 et seq., is insufficient to locate, review, redact, and produce the requested documents;
(3) Protect the public's ability to compel compliance with the Freedom of Information Act of 1967, § 25-19-101 et seq., through the courts.
SECTION 4. EMERGENCY CLAUSE. It is found and determined by the General Assembly of the State of Arkansas that government entities are being overwhelmed by voluminous requests for production of public records under the Freedom of Information Act of 1967, § 25-19-101 et seq.; that timely compliance with such requests comes at a great expense to the taxpayers; and that this act is immediately necessary to protect custodians and government entities from criminal and civil liability for violations of the Freedom of Information Act of 1967, § 25-19-101 et seq., that cannot be prevented by their good faith efforts to comply. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on:
(1) The date of its approval by the Governor;
(2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or
(3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.
Secure Arkansas’ Note: Secure Arkansas Believes HB 1622 was written by the University of Arkansas attorneys to avoid transparency. HB 1622 will allow a government entity, that is subject to the open record requirements of FOIA, to declare that any request that it deems to be “unduly burdensome” extra time to respond. This seems to be highly subjective. If the government entity cannot provide the response within three (3) days, it must provide the requestor in writing of the:
If a government entity does not act in good faith to make its best efforts to comply with a request for public records, the government entity should remain civilly liable under § 25-19-107.
SB 373 Sponsors: Senator Hester and Representative Davis
AN ACT TO EXEMPT ATTORNEY-CLIENT COMMUNICATIONS AND ATTORNEY WORK PRODUCT FROM THE FREEDOM OF INFORMATION ACT OF 1967; AND FOR OTHER PURPOSES.
SECTION 1. Arkansas Code § 25-19-105, concerning examination and copying of public records, is amended to add an additional subdivision to read as follows:
(24) A record that constitutes an attorney-client privileged communication or attorney work product.
Secure Arkansas’ Note: Secure Arkansas Believes SB 373 was written by the University of Arkansas attorneys to avoid transparency.
SB 373 exempts attorney-client communications and attorney work product from FOIA disclosure. Sound reasonable? At first glance, it may seem entirely reasonable, but what will ultimately happen is that every document that any agency, board, or commission subject to FOIA does want to be open will just be “copied” to the attorney for the agency, board, or commission, AND then the open document disappears, and the public can no longer access it! This is a cover up! The document that FOIA previously required to be disclosed will suddenly become an exception to disclosure. All sensitive communications, or documents that a governmental entity wants to keep secret, will simply just be provided to an attorney so that the attorney-client privilege can be claimed. Ha! Thus, SB 373 will prevent open government and public disclosure. What is this bill trying to fix, anyway? If you are trying to prevent communications that are truly privileged, then craft a bill that does just that, but don’t let a bill prevent all public disclosure based solely on copying an attorney for a governmental agency.
In this case, both the attorney and client which this bill would shield from transparency are government employees who feed on taxpayers money. You have a right to review the records that your employees are creating with your tax dollars.
Here is an article which does a really good job in describing what our Arkansas legislators are doing in blocking your FOIA access to government created documents: Capitol Calamity “State’s FOIA in Real Danger by Robert Steinbuch. Robert Steinbuch, professor of law at the Bowen Law School, is co-author of “The Arkansas Freedom of Information Act”, now in its sixth edition.
SB 236 was very recently filed on 3/7/2016
SB 236 Sponsor Senators Files, Maloch, B. Sample and Representatives Leding, Bragg, Warren
AN ACT TO ESTABLISH A SMALL BUSINESS RETIREMENT PROGRAM IN ARKANSAS; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
SB 236 Creates a voluntary payroll deduction individual retirement accounts through public and private partnership should be established as part of the program;
11-16-102. Creation – Purpose – Liability.
(a) The Arkansas Small Business Voluntary Retirement Program is established.
(b) The purpose of the program is to provide and maintain a cost- effective group retirement program in which a small nongovernmental employer and its employees may elect to participate.
(c)(1) The program does not create or constitute a debt, obligation, or liability of the state.
11-16-103. Program office and staff.
(a) There is established as an office in the Department of Finance and Administration the Arkansas Small Business Voluntary Retirement Program.
(b) With the approval of the Board of Trustees of the Arkansas Small Business Voluntary Retirement Program, the department may employ and fix the compensation of any secretarial, clerical, professional, and other personnel as may be required for the proper administration of the program.
11-16-113. Confidentiality of information.
(a) Information specific to a participating employee is confidential and exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq.
(b) Information specific to a participating employee includes, without limitation:
(1) Identifying information and other similar items;
(2) Account balances and other similar items; and
(3) Transaction details and other similar items.
Secure Arkansas’ Note: SB 235 Amends Arkansas Code Title 11 to add Chapter 16 “ARKANSAS SMALL BUSINESS VOLUNTARY RETIREMENT PROGRAM”. This bill creates a voluntary retirement program for small businesses in Arkansas. A ARKANSAS SMALL BUSINESS VOLUNTARY RETIREMENT PROGRAM Board is established with the Auditor of State, the Treasurer of State and the Director of the Department of Finance and Administration being ex officio nonvoting members. This will add an additional administrative cost that will be burdensome to the state!
16-113. Confidentiality of information. Information specific to a participating employee is confidential and exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq.
Why is the state getting into a retirement investment program for small businesses? What hidden agenda is going on here?
SB 581 Sponsors: Senators J. Hendren, Irvin and Representatives Boyd, Johnson
AN ACT TO ENHANCE LOCAL ECONOMIC DEVELOPMENT EFFORTS; AND FOR OTHER PURPOSES.
(c)(1) The following are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq., as related to economic development projects:
(A) Files and materials that if disclosed would give advantage to the competitors or bidders; and
(B) Records maintained by the municipality or county related to an economic development project’s:
(i) Planning;
(ii) Site location;
(iii) Expansion;
(iv) Operations; or
(v) Product development and marketing.
(b)(1) The following are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq., as related to economic development services:
(A) Files and materials that if disclosed would give advantage to the competitors or bidders; and
(B) Records maintained by the municipality or county related to any economic development services.
Secure Arkansas’ Note: SB 581 addresses Local Economic Development Efforts (part of Agenda 21/Agenda 2030). This bill exempts from the Freedom of Information Act of 1967 files and materials that if disclosed would give advantage to the competitors or bidders; and Records maintained by the municipality or county related to an economic development project’s: Planning; Site location; Expansion; Operations; Product development; and marketing. However, quarterly reports shall be provided to the governing body by parties to the economic development project contract and shall be available to the public. The reports shall include a statement of the specific items contained in the economic development project contract and articulation of compliance as to each of those items.
This bill promotes United Nations Agenda 21/Agenda 2030 which is Sustainable Development.
This is another area that could be used for money laundering. Remember the present ongoing investigation going on with the General Investment Funds (GIF). So far, one Representative has pleaded guilty to accepting a $38,000 kickback, one Senator has been indicted, one lobbyist has been indicted, one college president has been indicted, and more could be coming.
See court papers for an example from the Central Arkansas Planning and Development District (CAPDD) in which the GIF funds spent had NO real or economic development effect at all. The information is from the filed court papers of No. 80 CV-16-862. CAPDD is one of eight Planning and Development Districts across the state. This same waste of taxpayers money occurs in the other seven Planning and Development Districts with the help of our legislators.
HB 1447 Sponsors: Senator Bart Hester and Representative Michelle Gray
TO TRANSFER THE STATE BOARD OF ELECTION COMMISSIONERS TO THE OFFICE OF THE SECRETARY OF STATE; TO AMEND THE LAW CONCERNING COMPLAINTS OF ELECTION LAW
VIOLATIONS; AND TO DECLARE AN EMERGENCY.
SECTION 5. Arkansas Code § 7-4-120(c)(2), concerning complaints of election law violations, is amended to read as follows:
(2) Except as provided in subdivisions (c)(3) and (4) of this section, records under this section are exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., until:
(A) A hearing by the Chair of the State Board of Election Commissioners is set; or (B) The investigation by the State Board of Election Commissioners is closed by the Chair of the State Board of Election Commissioners.
Secure Arkansas’ Note: HB 1447 transfers the State Board of Election Commissioners to the Office of the Secretary of State. HB 1447 is a companion to SB 368 (directly below this note). Except as provided in subdivisions (c)(3) and (4) of § 7-4-120, records under this section are exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., until:
(A) A hearing by the Chair of the State Board of Election Commissioners is set; or
(B) The investigation by the State Board of Election Commissioners is closed by the Chair of the State Board of Election Commissioners.
Records and hearings should not be exempt! This is a bad bill that will push for a big maneuver to consecrate power in the hands of the few and is a corrupt, convoluted piece of legislation that will restructure power in favor of the Secretary of State! This is national bill that was written out-of-state! (Are you beginning to see a trend here?)
Secure Arkansas wrote this past article a few days ago: HIGH ALERT: *Vote NO on HB 1447* (Gives Sec. of State More Power). We will have to keep an eye on the County Voting System Grant Fund!
SB 368 Sponsor: Senator Bryan King
TO TRANSFER THE STATE BOARD OF ELECTION COMMISSIONERS TO THE OFFICE OF THE SECRETARY OF STATE; TO AMEND THE LAW CONCERNING COMPLAINTS OF ELECTION LAW VIOLATIONS; AND TO DECLARE AN EMERGENCY.
SECTION 5. Arkansas Code § 7-4-120(c)(2), concerning complaints of election law violations, is amended to read as follows:
(2) Except as provided in subdivisions (c)(3) and (4) of this section, records under this section are exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., until:
(A) A hearing by the Chair of the State Board of Election Commissioners is set; or
(B) The investigation by the State Board of Election Commissioners is closed by the Chair of the State Board of Election Commissioners.
Secure Arkansas’ Note: SB 368 transfers the State Board of Election Commissioners to the Office of the Secretary of State. SB 368 is a companion to HB 1447 (shown directly above). Except as provided in subdivisions (c)(3) and (4) of § 7-4-120, records under this section are exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., until:
(A) A hearing by the Chair of the State Board of Election Commissioners is set; or
(B) The investigation by the State Board of Election Commissioners is closed by the Chair of the State Board of Election Commissioners.
Once again, records and hearings should not be exempt! This is a bad bill that will push for a big maneuver to consecrate power in the hands of the few and is a corrupt, convoluted piece of legislation that will give the Secretary of State way too much POWER! This is national bill that was written out-of-state! (Are you beginning to see a trend here?)
The Board of Election Commissioners has remained independent for over 100 years and needs to stay that way!
Secure Arkansas wrote this past article a few days ago: HIGH ALERT: *Vote NO on HB 1447* (Gives Sec. of State More Power). We will have to keep an eye on the County Voting System Grant Fund!
HB 1719 Sponsor: Representative Lanny Fite
TO AMEND THE LAW CONCERNING IMPROVEMENT DISTRICT PROCEDURES.
SECTION 1. Arkansas Code Title 14, Chapter 86, Subchapter 1, is amended to add two (2) additional sections to read as follows:
14-86-104. Improvement district — Audit — Vacancy — Meetings.
(a)(1)(A) Ten percent (10%) or more of the property owners in an improvement district may present to the county judge of the county or to the mayor of the municipality in which the improvement district lies a petition and an affidavit:
(i) Concerning the financial affairs of the improvement district; and
(ii) Showing substantially insufficient financial information of an improvement district provided by the improvement district as a result of a valid request under the Freedom of Information Act of 1967, § 25-19-101 et seq.
Secure Arkansas’ Note: SB 1719 requires the County Judge or mayor of the municipality involved in the FOIA process if 10% or more of the property owners in an improvement district present a petition and an affidavit to the County Judge or mayor of the municipality in which the improvement district lies. It appears that this adds another step in the FOIA process. The property owners in an improvement district should be able to go directly to the improvement district rather than having to present an FOIA request to the County Judge or mayor of the municipality. This will also increase the time it takes for an FOIA response.
HB 1248 Sponsor: Rep. Jeff Williams
TO CREATE AN EXEMPTION UNDER THE FREEDOM OF INFORMATION ACT OF 1967 CONCERNING CERTAIN LAW ENFORCEMENT INVESTIGATIVE RECORDS.
(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 seq., until the investigation is complete.
Secure Arkansas’ Note: HB 1248 creates an exemption under the FOIA of 1967 concerning certain law enforcement investigative records.
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 seq., until the investigation is complete. If you are the victim, you will want your attorney to have access to the data of the investigation. This might be the only thing available that could clear you of a crime. This information should not be blocked from your attorney, especially if the information could clear you.
HB 1403 Sponsors: Missy Irvin and Representative Justin Boyd
CONCERNING THE PUBLIC DISCLOSURE OF AN ACCIDENT REPORT.
SECTION 1. Arkansas Code § 27-19-510 is amended to read as follows: 27-19-510. Confidentiality of information.
(a) Until thirty (30) days have elapsed since the date of the completion of an accident report and except as provided in subsections (c) and (d) of this section, an accident report and supplemental information containing personal information as defined under 18 U.S.C. § 2725(3), as it existed on January 1, 2017, in connection with the accident report required under this subchapter is privileged, exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., and available only for the confidential use of:
SECTION 2. Arkansas Code § 27-53-209 is amended to read as follows: 27-53-209. Reports open to public inspection.
Except as provided under § 27-53-202(b)(2)(B), all motor vehicle accident reports made by the Department of Arkansas State Police and its records of traffic violations shall be open to public inspection at all reasonable times.
(a) Until thirty (30) days has elapsed since the date of the completion of an accident report and except as provided in subsection (c) of this section, an accident report and supplemental information in connection with an accident report required under this subchapter is privileged, exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., and available only for the confidential use of:
SECTION 3. Arkansas Code § 27-53-305 is amended to read as follows: 27-53-305. Reports to be public records.
(a) Until thirty (30) days have elapsed since the date of the completion of a traffic accident report and except as provided in subsection (c) of this section, a traffic accident report and supplemental information in connection with a traffic accident report required under this subchapter is privileged, exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., and available only for the confidential use of:
Secure Arkansas’ Note: HB 1403 amends Arkansas Code § 27-19-510 concerning confidentiality of information concerning an accident report, Arkansas Code § 27-53-209 reports open to public inspection and Arkansas Code § 27-53-305 reports to be public records.
In HB 1403, FOIA disclosure is blocked until 30 days have elapsed since the completion of the traffic accident report. Prior to this proposed legislation, records of traffic violations were open to public inspection at all reasonable times.
HB 260 Sponsors: Senator D. Wallace, Caldwell, Irvin, Rice, B. Sample, G. Stubblefield, and Representatives Warren, Brown, D. Douglas, Hillman, Johnson
TO REQUIRE A PEER REVIEW PROGRAM FOR PUBLIC ACCOUNTANCY LICENSEES; AND TO AMEND PROVISIONS CONCERNING THE PROFESSION OF PUBLIC ACCOUNTANCY.
SECTION 3. Arkansas Code Title 17, Chapter 12, Subchapter 5, is amended to add an additional section to read as follows:
d)(1) All financial statements, working papers, or other documents obtained from licensees or applicants for peer review shall be confidential and shall not be subject to public inspection except under an order of a court of competent jurisdiction.
(2)(A) The documents deemed confidential under subdivision (d)(1) of this section shall be exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101, et seq.
Secure Arkansas’ Note: HB 260 amends the Arkansas Code § 17-12-401(b)(2) to require a Peer review program for public accountancy licensees and to amend provisions concerning the profession of public accountancy.
All financial statements, working papers, or other documents obtained from licensees or applicants for peer review shall be confidential and shall not be subject to public inspection except under an order of a court of competent jurisdiction. These documents are exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101, et seq.
HB 260 requires another level of hoops through which people must jump for their licenses.
HB 261 Sponsors: Senator Bart Hester and Representative Andy Davis
TO ESTABLISH THAT ATTORNEY RECORDS RELATED TO LITIGATION INVOLVING A STATE- SUPPORTED INSTITUTION OF HIGHER EDUCATION OR ITS OFFICERS OR EMPLOYEES ARE EXEMPT FROM THE FREEDOM OF INFORMATION 1967.
6-60-111. Records related to litigation – Disclosure exempted.
(a) Records relating to pending or reasonably anticipated litigation involving a state-supported institution of higher education, its officers, or its employees are confidential and not subject to the Freedom of Information
Act of 1967, § 25-19-101 et seq.
(b) Upon the conclusion of any litigation involving a state-supported institution of higher education, its officers, or its employees, the records under subsection (a) of this section shall be open for public inspection
Secure Arkansas’ Note: HB 261 amends Arkansas Code Title 6, Chapter 60, Subchapter 1 to establish that attorney records related to litigation involving a state supported institution of higher education or its officers or employees are exempt from the FOIA of 1967.
Again, why the lack of transparency?
SB 12 Sponsors: Senator G. Stubblefield and Representative Lundstrum
AN ACT 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; AND FOR OTHER PURPOSES.
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; and
(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.
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; and
(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.
Secure Arkansas’ Note: SB 12 establishes that emergency or security records or other information for a public school district, public school, or state-supported institution of higher education are exempt from the FOIA of 1967.
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 are considered confidential and not subject to disclosure under the Freedom of Information Act of 1967. 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 are considered confidential and not subject to disclosure under the Freedom of Information Act of 1967.
Secure Arkansas will address this issue more in the future. Stay tuned!
SB 132 Sponsor: Senator Jeremy Hutchinson
AN ACT CREATING THE COMMISSION FOR PARENT COUNSEL; CONCERNING DEPENDENCY-NEGLECT REPRESENTATION FOR THE PARENT OF A MINOR CHILD; CONCERNING REPRESENTATION IN THE JUVENILE DIVISION OF CIRCUIT COURT; AND FOR OTHER PURPOSES.
(e)(1) Members of the commission may meet or talk with each other, support staff and administrative staff, and attorneys who contract with the commission to provide services concerning the quality and assessment of an attorney's representation of the attorney's clients without being subject to the requirements of the Freedom of Information Act of 1967, § 25-19-101 et seq.
Secure Arkansas’ Note: SB 132 creates the Commission for Parent Counsel; Concerning dependency-neglect representation for the parent of a minor child; and concerning representation in the Juvenile Division of Circuit Court.
Members of the commission may meet or talk with each other, support staff and administrative staff, and attorneys who contract with the commission to provide services concerning the quality and assessment of an attorney's representation of the attorney's clients without being subject to the requirements of the Freedom of Information Act of 1967, § 25-19-101 et seq.
Otherwise, all deliberations by the commission shall be open to the public. A deliberation that includes a discussion in whole or in part of an attorney's representation of a specific client may be closed to the public in order to protect the client's privacy.
This does create a commission for parent counsel — another layer of bureaucracy. Who knows how this will turn out in the future?
HB 1890 Sponsor: Representative Tucker
AN ACT TO ESTABLISH AN ARKANSAS CROWDFUNDING OPTION; TO REGULATE EXEMPTIONS UNDER SECURITIES LAWS; AND FOR OTHER PURPOSES.
(ii) The commissioner may request from the financial institution information necessary to ensure compliance with this section.
(iii) This information is not a public record under the Freedom of Information Act of 1967, § 25-19-101 et seq., and is not available for public inspection;
Secure Arkansas’ Note: SB 1890 establish an Arkansas Crowdfunding Option; to regulate exemptions under securities laws. This information is not a public record under the Freedom of Information Act of 1967, § 25-19-101 et seq., and is not available for public inspection.
Could this be tied in with the Economic Development Districts?
HB 1901 Sponsor: Representative Bentley
AN ACT TO CREATE THE VOLUNTEER HEALTH CARE ACT; TO PROVIDE SOVEREIGN IMMUNITY TO HEALTHCARE PROVIDERS AND MEDICAL PROFESSIONALS THAT PARTICIPATE IN THE VOLUNTEER HEALTHCARE PROGRAM; AND FOR OTHER PURPOSES.
(iii) Patient medical records and identifying information contained in the adverse incident report shall be confidential and not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.;
Secure Arkansas’ Note: HB 1901 creates the Volunteer Health Care Act; to provide sovereign immunity to healthcare providers and medical professions that participate in the volunteer health care program. Patient medical records and identifying information contained in the adverse incident report shall be confidential and not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.;
Every doctor should be held accountable to the patients they treat, regardless if they are paid or not. Sovereign immunity should not be provided to all volunteers, and they should be subject to a FOIA request. (Just a thought… Secure Arkansas is also greatly concerned about mandatory vaccinations.)
HB 2157 Sponsor: Representative D. Douglas
AN ACT TO EXEMPT FROM THE FREEDOM OF INFORMATION ACT OF 1967 PERSONAL CONTACT INFORMATION OF CERTAIN PERSONS THAT IS IN THE POSSESSION OF THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT; AND FOR OTHER PURPOSES.
SECTION 1. The purpose of this act is to exempt personal contact information of certain people that is in possession of the Arkansas State Highway and Transportation Department from the Freedom of Information Act of 1967.
Secure Arkansas’ Note: HB 2157 is a one page shell bill. This bill will exempt personal contact information of certain people (NOT EXPLAINED IN THE BILL) that is possession of the Arkansas State Highway and Transportation Department. This bill is vague. So, what’s the intent?
HB 1424 Sponsors: Representatives Vaught, Barker, Cavenaugh, Sturch, G. Hodges
AN ACT TO AMEND THE ARKANSAS CODE CONCERNING THE TEACHER EXCELLENCE AND SUPPORT SYSTEM; TO AMEND PROVISIONS OF THE ARKANSAS CODE CONCERNING ADMINISTRATOR EVALUATION; AND FOR OTHER PURPOSES.
(B) The raw data reported to and collected by the Department of Education for the purposes of this section, including all or part of the raw data that the department provides to an expert outside the department for analysis, is exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.
Secure Arkansas’ Note: HB 1424 amends provisions of the Arkansas code concerning administrator evaluation in 6-17-2803 – 6-17-2809. It blocks from disclosure all raw data reported to and collected by the Department of Education for the purposes of 16-17-2804, including all or part of the raw data that the department provides to an expert outside the department for analysis, is exempt from disclosure under the FOIA of 1967.
The State Board of Education sets the rules and monitors the students and educators to make sure they’re reaching their benchmarks regarding Common Core.
Again, we will address the education issue further in the future.
SB 328 Sponsors: Senators A. Clark, J. English, Hester and Representatives C. Douglas, Gates, Cozart
AN ACT TO REQUIRE A PERSON WHO APPLIES FOR AN ELEMENTARY EDUCATION K-6 TEACHING LICENSE OR A SPECIAL EDUCATION K-12 TEACHING LICENSE TO SUCCESSFULLY PASS A STAND-ALONE READING TEST AND A MULTI-SUBJECT TEST AS A CONDITION OF LICENSURE; AND FOR OTHER PURPOSES.
(a)(1) Scores from the tests required under the provisions of this subchapter and § 6-17-402 shall not be disclosed but shall be retained by the Department of Education as confidential records not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., or any other act which that would require the disclosure thereof.
Secure Arkansas’ Note: SB 328 amends Arkansas Code §§ 6-17-402 and 6-17-403 pertaining to teaching licenses. Scores from the tests required under of this subchapter and § 6-17-402 shall not be disclosed but shall be retained by the Department of Education as confidential records not subject to the Freedom of Information Act of 1967.
Does this contribute to accountability?
HB 1588 Sponsors: Representative Vaught and Senator Hester
AN ACT TO EXEMPT CERTAIN RECORDS OF THE DEPARTMENT OF ARKANSAS STATE POLICE CONCERNING THE GOVERNOR'S MANSION AND MANSION GROUNDS FROM THE FREEDOM OF INFORMATION ACT OF 1967; AND FOR OTHER PURPOSES.
SECTION 1. Arkansas Code § 25-19-105(b), concerning the examination and copying of public records, is amended to add an additional subdivision to read as follows:
(24) Data, records, surveillance footage, security procedures, and other information compiled or possessed by the Department of Arkansas State Police concerning the Governor's mansion and mansion grounds.
Secure Arkansas’ Note: SB 1588 and HB 1590 (shown below) should have been one bill. SB 1588 amends Arkansas Code § 25-19-105(b) to creates an exemption of certain records of the Department of Arkansas State Police concerning the Governor’s Mansion and Mansion Grounds. SB 1588 exempts the following from FOIA disclosure in § 25-19-105(b) (24) Data, records, surveillance footage, security procedures, and other information compiled or possessed by the Department of Arkansas State Police concerning the Governor's mansion and mansion grounds are confidential and not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.
We are trying to look at this objectively, but there might be a time when we would need that information!
HB 1590 Sponsor: Representative Vaught
AN ACT TO EXEMPT CERTAIN RECORDS OF THE DEPARTMENT OF ARKANSAS STATE POLICE CONCERNING THE GOVERNOR'S MANSION AND MANSION GROUNDS FROM THE FREEDOM OF INFORMATION ACT OF 1967; AND FOR OTHER PURPOSES.
(c) Data, records, surveillance footage, security procedures, emergency plans, and other information compiled or possessed by the Department of Arkansas State Police concerning the Governor's mansion and mansion grounds are confidential and not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.
Secure Arkansas’ Note: SB 1590 and HB 1588 (shown above) should have been one bill. HB 1590 amends Arkansas Code § 12-8-108 concerning the security of the Governor, capitol building, etc., data, records surveillance footage, security procedures, emergency plans, and other information compiled or possessed by the Department of Arkansas State Police concerning the Governor’s mansion and mansion grounds are confidential and not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.
We might need this information in the future…
HB 1706 Sponsor: Representative Pilkington
AN ACT TO CREATE THE MEDICAID PROVIDER-LED ORGANIZED CARE ACT; TO REFORM THE ARKANSAS MEDICAID PROGRAM TO IMPROVE PATIENT OUTCOMES; TO DESIGNATE THAT A RISK-BASED PROVIDER ORGANIZATION IS AN INSURANCE COMPANY FOR CERTAIN PURPOSES UNDER ARKANSAS LAW; TO ELIMINATE THE WAITING LIST FOR THE ALTERNATIVE COMMUNITY SERVICES WAIVER PROGRAM; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
(2) Personally identifiable data submitted under this section shall be treated as confidential and is exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.
Secure Arkansas’ Note: HB 1706 amends Arkansas Code Title 20, Chapter 77 to add subchapter 27 to CREATE the Medicaid Provider-Led Organized Care Act. Personally identifiable data submitted under § 20-77-2707 shall be treated as confidential and is exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.
SB 21 Sponsor: Senator Alan Clark
TO REQUIRE SPECIFIC ASSESSMENTS TO BE SUCCESSFULLY PASSED IN ORDER TO OBTAIN AN ELEMENTARY-LEVEL GENERAL TEACHING LICENSE OR ELEMENTARY-LEVEL SPECIAL EDUCATION TEACHING LICENSE
SECTION 4. Arkansas Code § 6-17-603(a), concerning the reporting and confidentiality of test scores is amended to read as follows:
(a)(1) Scores from the tests required under the provisions of this subchapter and § 6-17-402 shall not be disclosed but shall be retained by the Department of Education as confidential records not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., or any other act which that would require the disclosure thereof.
(2) However, the department shall provide each licensee with
that person's test score and the grader's analysis of the writing portion of the test.
Secure Arkansas’ Note: SB 21 amends Arkansas Code §§ 6-17-402 (b) – (d) pertaining to concerning teacher licensure. Scores from the tests required under of this subchapter and § 6-17-402 shall not be disclosed but shall be retained by the Department of Education as confidential records not subject to the Freedom of Information Act of 1967.
Once again, the State Board of Education sets the rules and keeps Common Core afloat. But does this contribute to transparency?
SB 41 Sponsor: Senator Alan Clark
TO AMEND CONFIDENTIALITY EXEMPTIONS UNDER THE CHILD MALTREATMENT ACT.
SECTION 1. Arkansas Code § 12-18-104(a), concerning confidentiality, is amended to add an additional subdivision to read as follows:
(a)(1) Any data, records, reports, or documents that are created, collected, or compiled by or on behalf of the Department of Human Services, the Department of Arkansas State Police, or other entity authorized under this chapter to perform investigations or provide services to children, individuals, or families shall not be subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.
(2) However, data, records, reports, or documents collected or compiled by or on behalf of the Department of Human Services, the Department of Arkansas State Police, or other entity authorized under this chapter to perform investigations or provide services to children, individuals, or families regarding a child maltreatment investigation and related to an employee's unlawful conduct, suspension, or termination are subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.
Secure Arkansas’ Note: SB 41 amends the confidentiality under the Child Maltreatment Act. Any data, records, reports, or documents that are created, collected, or compiled by or on behalf of the Department of Human Services, the Department of Arkansas State Police, or other entity authorized under this chapter to perform investigations or provide services to children, individuals, or families shall not be subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.
Data, records, reports, or documents collected or compiled by or on behalf of the Department of Human Services, the Department of Arkansas State Police, or other entity authorized under this chapter to perform investigations or provide services to children, individuals, or families regarding a child maltreatment investigation and related to an employee's unlawful conduct, suspension, or termination are subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.
FOIA disclosure will be blocked for all data, records, reports or documents that are created, collected or compiled by or on behalf of the Department of Human Services, the Department of Arkansas State Police, or other entity to perform investigations or provide services to children, individuals, or families.
What does “child maltreatment" mean? Whoever observes the so-called maltreatment could cause a false investigation.
Some of the terms in this bill are not defined well enough which could be subjective. For example: if a child ate a vegan diet and was skinny, someone might think he/she were malnourished, but that may not be the case.
Once the Department of Human Services gets involved, things can escalate quickly, and often unnecessarily at times.
HB 2061 Sponsor: Representative Hammer
AN ACT TO MODERNIZE THE FIRE RATING SYSTEM IN ARKANSAS; TO ESTABLISH THE ARKANSAS FIRE RATING BUREAU ACT; AND FOR OTHER PURPOSES.
(2)(A) Except to the extent provided by this subchapter, the bureau is exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq.
Secure Arkansas’ Note: HB 2061 amends Arkansas Code 23, Chapter 67 add an additional subchapter to read Arkansas Fire Rating Bureau Act. Except to the extent provided by this subchapter, the bureau is exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq.
Why would this new Arkansas Fire Rating Bureau be exempt from the FOIA?
This bill would CREATE a fire rating bureau, another level of bureaucracy.
SB 671 Sponsor: Senator Hester
AN ACT TO REGULATE INSTALLMENT LOANS; TO ESTABLISH THE ARKANSAS TRADITIONAL INSTALLMENT LOAN ACT; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
19-6-833. Traditional Installment Loan Fund.
(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the “Traditional Installment Loan Fund”.
(b) The fund shall consist of all revenues provided by the General Assembly and all other revenues authorized by law.
(c) The fund shall be used by the Securities Commissioner to administer the Arkansas Traditional Installment Loan Act, § 23-34-101 et seq.
(f)(1) Reports of examinations and investigations of the commissioner and the books and records of licensees are confidential and exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq., except as provided in subdivision (f)(3) of this section.
Secure Arkansas’ Note: SB 671 amends Arkansas Code § 19-6-301 concerning the enumeration of special revenues, is amended to add an additional subdivision to read as follows: (255) All licenses, fees, renewal fees, charges, fines, and penalties paid to the Securities Commissioner under the Arkansas Traditional Installment Loan Act, § 23-34-101 et seq.
Reports of examinations and investigations of the commissioner and the books and records of licensees are confidential and exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq., except as provided in subdivision (f)(3) of this section.
There’s a lot of money involved here. What will they do with the interest created from this “fund”?
HB 2175 Sponsor: Representative D. Douglas
AN ACT TO REPEAL ARCHAIC LANGUAGE IN TITLE 2 OF ARKANSAS CODE; TO AMEND THE LAW CONCERNING THE ARKANSAS LIVESTOCK AND POULTRY COMMISSION; TO AMEND THE LAW CONCERNING CONTROL OF CONTAGIOUS DISEASES; AND FOR OTHER PURPOSES.
2-33-105. State Veterinarian.
(a)(1) Subject to the approval of the Arkansas Livestock and Poultry Commission, the Executive Director of the Arkansas Livestock and Poultry Commission Secretary of the Arkansas Agriculture Department shall appoint a State Veterinarian.
(b) The executive director commission shall not contract with a private entity to promulgate rules or set fees under this subchapter.
(c) Records concerning the administration of this subchapter are subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., regardless of whether the records are in the custody or control of the commission or a private entity acting as an agent of the commission under this section.
Secure Arkansas’ Note: HB 2175 amends Arkansas Code § 2-33-102(a), concerning members of the Arkansas Livestock and Poultry Commission. Records concerning the administration of this subchapter are subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.
There’s a lot going on in this bill…
HB 2195 Sponsor: Representative Shepherd
AN ACT TO AMEND THE LAWS CONCERNING INFORMATION FOR PUBLIC GUIDANCE UNDER THE FREEDOM OF INFORMATION ACT OF 1967; AND FOR OTHER PURPOSES.
SECTION 1. Arkansas Code § 25-19-108(b), concerning public information on a state entity website, is amended to read as follows: (b)(1) All materials made available by a state agency, board, or commission pursuant to subsection (a) of this section and created after July 1, 2003, shall be made publicly accessible, without charge, in electronic form via the Internet internet. (2) It shall be a sufficient response to a request to inspect or copy the materials that they are available on the Internet internet at a specified location, unless the requester specifies another medium or format under § 25-19-105(d)(2)(B).
Secure Arkansas’ Note: HB 2195 amends the law to require all materials made available by a state agency, board, or commission pursuant to subsection (a) of Arkansas Code § 25-19-108 and created after July 1, 2003, shall be made publicly accessible, without charge, in electronic form via the internet.
It shall be a sufficient response to a request to inspect or copy the materials that they are available on the Internet internet at a specified location. Prior to this legislation, the requester could specify another medium or format. This option will no longer be available.
HB 1946 Sponsors: Senator Will Bond and Representative Tucker
TO AMEND THE LAW CONCERNING ACCESS TO PUBLIC INFORMATION; AND TO AMEND THE FREEDOM OF INFORMATION ACT OF 1967.
SECTION 1. The purpose of this act is to amend the Freedom of Information Act of 1967 concerning access to public information.
Secure Arkansas’ Note: HB 1946 appears to be a shell bill. (ie. “Vote for the bill, and then you can read what is in it.”) This bill amends the law concerning access to public information; and to amend the Freedom of Information Act of 1967.
This is WAY too vague!
HB 1947 Sponsor: Senator Will Bond
TO AMEND THE FREEDOM OF INFORMATION ACT OF 1967 CONCERNING ACCESS TO PUBLIC INFORMATION.
SECTION 1. The purpose of this act is to amend the Freedom of Information Act of 1967 concerning access to public information.
Secure Arkansas’ Note: HB 1947 appears to be a shell bill. (ie. “Vote for the bill, and then you can read what is in it.) This bill amends the Freedom of Information Act of 1967 concerning access to public information.
Again, this is WAY too vague… How will this be tweaked in the upcoming legislative sessions?
HB 1469 Sponsors: Representative Tosh and Senator Rice
AN ACT CONCERNING THE CONFIDENTIALITY OF EMERGENCY PREPAREDNESS DOCUMENTS CREATED BY THE DEPARTMENT OF COMMUNITY CORRECTION; AND FOR OTHER PURPOSES
SECTION 1. Arkansas Code Title 12, Chapter 27, Subchapter 1, is amended to add an additional section to read as follows:
12-27-148. Confidentiality of emergency preparedness document of the Department of Community Correction.
(a) The following sections of the Department of Community Correction's official Emergency Preparedness Manual are confidential and shall not be subject to disclosure under the Freedom of Information Act of 1967, § 25-19- 101 et seq.: (1) Command Post Checklist; (2) Command Notifications; (3) Internal Notifications; (4) External Notifications; (5) Recall Notifications; (6) Family Notifications; HB1469 2 02-02-2017 15:03:50 BPG239 (7) Tactical Systems; (8) Command Structure; (9) Emergency Locations; (10) Emergency Equipment; (11) Emergency Deactivation; (12) Emergency Plans; (13) Work Stoppage Directive; (14) Evacuation Diagrams; and (15) Facility Maps, Utility Locations.
If a section of the manual described in subsection (a) of this section becomes part of a criminal investigation, the section is available for public viewing at the conclusion of the criminal investigation if the section is not otherwise exempt from disclosure by law.
Secure Arkansas’ Note: HB 1469 declares the Emergency Preparedness Documents created by the Department of Community Correction as confidential and shall not be subject to disclosure under the FOIA of 1967.
We understand that some points of this bill are acceptable, but attorneys should not be required to wait until the conclusion of a criminal investigation before they can have access to evidence.
HB 1800 Sponsor: Representative Lundstrum
AN ACT TO AMEND VARIOUS STATE SECURITIES LAWS; TO REGULATE SECURITIES TRANSACTIONS; AND FOR OTHER PURPOSES.
(3) The records, materials, data, and information made available by a broker-dealer or investment adviser under subdivision (d)(1) of this section are confidential and are not subject to examination or disclosure as public information under the Freedom of Information Act of 1967, § 25-19-101 et seq.
Secure Arkansas’ Note: HB 1800 amends various state securities laws; and to regulate securities transactions. The records, materials, data, and information made available by a broker-dealer or investment adviser under subdivision (d)(1) of this section are confidential and are not subject to examination or disclosure as public information under the Freedom of Information Act of 1967, § 25-19-101 et seq.
HB 2044 Sponsors: Representative Drown and Senator G. Stubblefield
AN ACT TO MODIFY THE REGISTRATION OF CHARITABLE ORGANIZATIONS BEFORE SOLICITATION; TO AMEND ANNUAL FINANCIAL REPORTS AND FISCAL RECORDS REQUIREMENTS OF CHARITABLE ORGANIZATIONS; TO AMEND REGISTRATION OF PAID SOLICITORS; AND FOR OTHER PURPOSES.
(2) The information so filed shall be available to the general public as a matter of public record, except and to the extent such the records would otherwise be exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.
(4)(A) Any donor lists obtained pursuant to under this subsection shall not be are not subject to disclosure pursuant to under the Freedom of Information Act of 1967, § 25-19-101 et seq., without a court order authorizing the disclosure. (B) However, donor lists and other records obtained pursuant tounder this subsection may be disclosed to other law enforcement agencies.
Secure Arkansas’ Note: HB 2044 allows disclosure of information filed with the Secretary of State concerning the charitable organizations and its solicitation activity except to the extent the records would otherwise be exempt from disclosure under the FOIA. This legislation does not add anything new to the FOIA.
HB 2145 Sponsor: Representative Penzo
AN ACT TO CREATE THE MEDICAID PROVIDER-LED ORGANIZED CARE ACT; TO REFORM THE ARKANSAS MEDICAID PROGRAM TO IMPROVE PATIENT OUTCOMES; TO IMPOSE AN INSURANCE PREMIUM TAX ON RISK-BASED PROVIDER ORGANIZATIONS; TO DESIGNATE THAT A RISK-BASED PROVIDER ORGANIZATION IS AN INSURANCE COMPANY; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
20-77-2707. Reporting and performance measures.
(a)(1) On a quarterly basis, a risk-based provider organization shall submit to the Department of Human Services protected health information for each member of a covered Medicaid beneficiary population enrolled with the risk-based provider organization in accordance with standards and procedures adopted by the department, including without limitation:
(A) Claims data, including without limitation:
(i) Denial rates; and
(ii) Claims-paid rates;
(B) Encounter data;
(C) Unique identifiers;
(D) Geographic and demographic information;
(E) Patient satisfaction scores; and
(F) Other information as required by the state.
(2) Personally identifiable data submitted under this section shall be treated as confidential and is exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.
Secure Arkansas’ Note: HB 2145 establishes a Medicaid provider-leg organized care system that administers and delivers healthcare services for a member of a covered Medicaid beneficiary population in return for payment. Personally identifiable data submitted under § 20-77-2707 shall be treated as confidential and is exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.
HB 1574 Sponsor: Representative Lowery
AN ACT TO AMEND PROVISIONS OF THE ARKANSAS CODE CONCERNING HOME SCHOOLS; AND FOR OTHER PURPOSES.
(b) This The information provided to the superintendent of the student's local school district under subsection (a) of this section:
(1) Is confidential and not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.; and
(2) may May be used only for statistical and record keeping purposes and test administration as required by law.
Secure Arkansas’ Note: HB 1574 amends the provision of the Arkansas Code concerning “Home Schools”. The information provided to the superintendent of the student's local school district under subsection (a) of § 6-15-503 Is confidential and not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.; and may be used only for statistical and record keeping purposes and test administration as required by law.
We will be addressing this topic more in the future as well…
HB 1623 Sponsors: Representatives Johnson, Lowery, Brown and Senator J. English
AN ACT TO AMEND THE FREEDOM OF INFORMATION ACT OF 1967; TO AMEND THE LAW CONCERNING INFORMATION FOR PUBLIC GUIDANCE; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
(7) Local governments should have the discretion to make all or part of the information listed under § 25-19-105 available on the internet and, upon publication, be deemed in compliance with the Freedom of Information Act of 1967, § 25-19-101 et seq., for those records; and
SECTION 4. EMERGENCY CLAUSE. It is found and determined by the General Assembly of the State of Arkansas that government entities are being overwhelmed by voluminous requests for production of public records under the Freedom of Information Act of 1967, § 25-19-101 et seq.; that timely compliance with such requests comes at a great expense to the taxpayers; and that this act is immediately necessary to protect custodians and government entities from criminal and civil liability for violations of the Freedom of Information Act of 1967, § 25-19-101 et seq., that cannot be prevented by their good faith efforts to comply. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on:
(1) The date of its approval by the Governor;
(2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or
(3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.
Secure Arkansas’ Note: SB 1623 amends the FOIA of 1967 concerning information for public guidance. Local governments should have the discretion to make all or part of the information listed under § 25-19-105 available on the internet and, upon publication, be deemed in compliance with the Freedom of Information Act of 1967, § 25-19-101 et seq., for those records.
While it’s good that the information will be available online, this requirement will restrict people from access that don’t have access to a computer.
SB 131 Sponsor: Senator Gary Stubblefield
AN ACT TO EXEMPT FROM THE FREEDOM OF INFORMATION ACT OF 1967 CERTAIN RECORDS OF THE STATE CAPITOL POLICE; AND FOR OTHER PURPOSES.
SECTION 1. Arkansas Code Title 12, Chapter 14, Subchapter 1, is amended to add an additional section to read as follows:
12-14-109. Certain records exempt.
A record or other information related to the operations, emergency procedure, and security personnel of the State Capitol Police is confidential and not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., including without limitation:
(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, State Capitol Building or Capitol Hill apartment complex safety plans, monitoring capabilities, procedures, risk assessments, studies, measures, or systems; and (2) Records of other information relating to the number of licensed security officers, certified State Capitol Police officers, or other security personnel, as well as any personal information about a security officer, certified State Capitol Police officer, or other security personnel.
Secure Arkansas’ Note: SB 131 amends Arkansas Code Title 12, subchapter 1. To make exempt for the FOIA certain records of the State Capitol Police.
A record or other information related to the operations, emergency procedure, and security personnel of the State Capitol Police is confidential and not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., including without limitation:
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, State Capitol Building or Capitol Hill apartment complex safety plans, monitoring capabilities, procedures, risk assessments, studies, measures, or systems; and Records of other information relating to the number of licensed security officers, certified State Capitol Police officers, or other security personnel, as well as any personal information about a security officer, certified State Capitol Police officer, or other security personnel.
SB 435 Sponsors: Senators Bond, L. Chesterfield, Elliott, J. English, J. Hutchinson, and
Representatives Tucker, E. Armstrong, F. Allen, Davis, Blake
TO AMEND THE FREEDOM OF INFORMATION ACT; TO AMEND THE LAW CONCERNING CONSOLIDATED WATERWORKS SYSTEMS; CONCERNING THE ISSUANCE OF REVENUE BONDS BY A CONSOLIDATED WATERWORKS SYSTEM; AND TO DECLARE AN EMERGENCY.
SECTION 1. Arkansas Code § 25-19-105(b)(20), concerning the exemptions to the Freedom of Information Act of 1967, is amended to read as follows:
(20)(A) Except as provided in subdivision (b)(20)(B) of this section, personal Personal information of current and former public water system customers and municipally owned utility system customers, including without limitation:
SECTION 14. EMERGENCY CLAUSE. It is found and determined by the General Assembly of the State of Arkansas that the Freedom of Information Act of 1967, § 25-19-101 et seq., places undue restrictions on water systems; that, in order to satisfy such restrictions, a water system must forego certain undertakings to the detriment of the water system and its customers; and that this act is immediately necessary so that a water system may provide information to its utility partners, other government offices, and certain members of the public in order for the water system to serve its community as efficiently and effectively as possible. Therefore, an emergency is declared
Secure Arkansas’ Note: SB 435 modifies the FOIA handbook under § 25-19-105(b)(20) concerning exemptions to the FOIA of 1967 concerning Waterworks System.
Exempts from disclosure under Arkansas Code § 25-19-105(b)(20) customer sensitive and identity data.
If these things are already protected under privacy, it seems that this additional legislation would be adding unnecessary layers. “If it ain’t broke, don’t fix it!”
HB 1058 Sponsor: Senator Missy Irvin
TO AMEND THE DEFINITION OF "WRITTEN CERTIFICATION" WITHIN THE ARKANSAS MEDICAL MARIJUANA
(f)(1) An application or renewal and supporting information submitted
SECTION 3. Pursuant to § 23 of the Arkansas Medical Marijuana Amendment
of 2016, § 10(b)(9) of the Arkansas Medical Marijuana Amendment of
Secure Arkansas’ Note: HB 1058 amends the definition of “Written Certification” within the Arkansas Medical Marijuana Amendment of 2016. An application or renewal and supporting information submitted by a qualifying patient or designated caregiver under this amendment, including without limitation information regarding the qualifying patient's physician, are considered confidential records that are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq. The dispensary records with patient information shall be treated as confidential medical records that are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq.
SB 14 Sponsor: Senator Gary Stubblefield
PROHIBITING MUNICIPAL SANCTUARY POLICIES.
(g) Records created in connection with administrative investigations related to this section are not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.
Secure Arkansas Note: SB 14 amends Arkansas Code Title 14, Subchapter 1 to prohibit sanctuary cities and makes them ineligible for moneys provided through funds or grants administered by the state. Records created in connection with administrative investigations related to § 14-1-103 are not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.
HB 1225 Sponsor: Representative Stephen Magie
TO REPEAL THE EXEMPTION FOR AND REQUIRE THE DISCLOSURE OF CERTAIN ADVERTISING AND PROMOTION TAX RECORDS UNDER THE FREEDOM OF INFORMATION ACT OF 1967
SECTION 1. Arkansas Code § 25-19-105(b)(23), concerning records not open to the public under the Freedom of Information Act of 1967, is repealed.
(23)(A) Information related to taxes collected by particular entities under § 26-74-501 et seq.; the Advertising and Promotion Commission Act, § 26-75-601 et seq.; and § 26-75-701 et seq.
(B) However, this exemption does not apply to information or other records regarding the total taxes collected under § 26-74-501 et seq.; the Advertising and Promotion Commission Act, § 26-75-601 et seq.; and § 26-75-701 et seq. in the county or municipality as a whole.
Secure Arkansas’ Note: HB 1225 repeals the restriction on information related to taxes collected by particular entities under § 26-74-501 et seq.; the Advertising and Promotion Commission Act, § 26-75-601 et seq.; and § 26-75-701 et seq.
HB 1674 Sponsors: Senator Joyce Elliott and Representative Everett Clarke Tucker TO CREATE A COMMUNITY PUBLIC EDUCATION BOARD.
6-23-1104. Powers and duties – Meetings.
(a) The community public education board shall:
(2) All meetings of the community public education board shall be open meetings under the Freedom of Information Act of 1967, § 25-19-101 et seq.
6-23-1105. Review of public charter authorizing panel approvals.
(2) A hearing under this section conducted by the community public education board shall be an open meeting under the Freedom of Information Act of 1967, § 25-19-101 et seq.
Secure Arkansas’ Note: HB 1674 Creates a Community Public Education Board and declares all meetings of the community public education board shall be open meetings under the FOIA of 1967. Also a hearing under this section conducted by the community public education board shall be an open meeting under the Freedom of Information Act of 1967, § 25-19-101 et seq.
HB 2228 was recently filed on 3/10/2017
HB 2228 Sponsor: Representative Blake
AN ACT CONCERNING THE INDEPENDENT INVESTIGATION OF DEATHS INVOLVING A POLICE OFFICER; AND FOR OTHER PURPOSES.
SB 228 Amends Arkansas Code Title 12 Chapter 12, Subchapter 1 to add an additional section 12-12-110. Investigation of officer-involved death.
(B) However, before publicly releasing the written report described in subdivision (d)(1) of this section, the investigators shall delete any information that is not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq
Secure Arkansas’ Note: HB 2228 amends Arkansas Code Title 12, Chapter 12, subchapter 1 to add a section “Investigation of of Officer- involved death. It requires the law enforcement agency to have a written policy regarding the investigation of an officer-involved death that involves a law enforcement officer employed by the law enforcement agency.
Investigators shall delete any information that is not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.
HB 1738 Sponsor: Representative C. Douglas
CONCERNING ETHICS OF MEMBERS OF A BOARD OF DIRECTORS OF A PUBLIC SCHOOL DISTRICT; AND TO CREATE THE BOARD OF DIRECTORS ETHICS REVIEW BOARD.
6-13-636. Board of Directors Ethics Review Board.
(C) Provisions concerning violations of the Arkansas Freedom of Information Act of 1967, § 25-19-101 et seq.;
Secure Arkansas’ Note: HB 1738 amends Arkansas Code Title 6, Chapter 13 concern ethics of members of a Board of Directors of a Public School District and Creates the Board of Directors Ethics Review Board. This legislation also provides a provisions making the boards of directors of public schools accountable for any violations of the Arkansas Freedom of Information Act of 1967, § 25-19-101 et seq.
SB 515 Sponsor: Senator Gary Stubblefield
TO EXEMPT CERTAIN RECORDS OF THE DEPARTMENT OF ARKANSAS STATE POLICE FROM
THE FREEDOM OF INFORMATION ACT OF 1967.
SECTION 1. Arkansas Code § 25-19-105(b), concerning the examination and copying of public records, is amended to add an additional subdivision to read as follows:
(24) Data, records, surveillance footage, security procedures, and other information compiled or possessed by the Department of Arkansas State Police concerning the Governor's Mansion and the mansion grounds.
Secure Arkansas’ Note: SB 515 is a shell bill and appears to be incomplete. SB 515 appears to be the Senate bill of HB 1590. This bill blocks from FOIA disclosure of data, records surveillance footage, security procedures, emergency plans, and other information compiled or possessed by the Department of Arkansas State Police concerning the Governor’s mansion and mansion grounds.
Re: Adds Unconcealed to the Concealed Carry law § 5-73-301
HB 1265 Sponsor: Representative Richey
AN ACT CONCERNING THE POSSESSION AND CARRYING OF A CONCEALED OR UNCONCEALED HANDGUN; TO ESTABLISH A LICENSE TO CARRY AN UNCONCEALED HANDGUN; TO MAKE TECHNICAL CORRECTIONS; AND FOR OTHER PURPOSES.
SECTION 27. Arkansas Code § 25-19-105(b)(19), concerning what is not deemed to be open to the public under the Freedom of Information Act of 1967, is amended to read as follows: (19) Records pertaining to the issuance, renewal, expiration, suspension, or revocation of a license to carry a concealed or unconcealed handgun, or a present or past licensee under § 5-73-301 et seq., including without limitation all records provided to or obtained by a local, state, or federal government or their officials, agents, or employees in the investigation of an applicant, licensee, or past licensee, and all records pertaining to a criminal or health history check conducted on the applicant, licensee, or past licensee except that: (A) Information or other records regarding an applicant, licensee, or past licensee may be released to a law enforcement agency to assist in a criminal investigation or prosecution or to determine the validity of or eligibility for a license; and (B) The name of an applicant, licensee, or past licensee may be released as contained in investigative or arrest reports of law enforcement that are subject to release as public records;
SECTION 28. DO NOT CODIFY. Temporary legislation. A license to carry a concealed handgun issued under § 5-73-301 et seq. before the effective date of this act shall immediately become a license to carry a concealed or unconcealed handgun under § 5-73-301 et seq. upon the effective date of this act.
Secure Arkansas’ Note: HB 1265 adds Unconcealed to the Concealed Carry law § 5-73-301, and it appears that there were no changes to FOIA disclosures.
HB 1823 Sponsor: Representative Charles Collins
TO CREATE THE ARKANSAS PAPERWORK EFFICIENCY AND TRANSPARENCY ACT; TO PERMIT ELECTRONIC DOCUMENT SUBMISSIONS AND PUBLICATIONS; AND TO AMEND THE LAW CONCERNING THE INSPECTION OF PUBLIC RECORDS.
SECTION 2. Arkansas Code § 25-19-105(a)(1), concerning the examination and copying of public records under the Freedom of Information Act of 1967, is amended to add an additional subdivision to read as follows:
(C)(i) A custodian of records under subdivision (a)(1)(A) of this section may meet the requirements of this section by allowing for the inspection of public records in a searchable electronic form via the internet.
Secure Arkansas’ Note: HB 1823 amends Arkansas Code § 25-19-105(a)(1), concerning the examination and copying of public records under the Freedom of Information Act of 1967. The FOIA is amended to add an additional subdivision to read as follows: A custodian of records under subdivision (a)(1)(A) of this section may meet the requirements of § 25-19-105 by allowing for the inspection of public records in a searchable electronic form via the internet.
The law is to force the inspection of public records doing an electronic search via internet. This legislation will restrict anyone that doesn’t have internet access. There will be no option for a hard paper copy.
SB 556 Sponsor: Senator Alan Clark
AN ACT TO CREATE THE CHILD MALTREATMENT INVESTIGATIONS OVERSIGHT COMMITTEE; TO REPEAL THE OVERSIGHT SYSTEM CONCERNING THE CHILD ABUSE HOTLINE; TO AMEND THE LAW CONCERNING OPEN PUBLIC MEETINGS UNDER THE FREEDOM OF INFORMATION ACT OF 1967; TO AMEND CONFIDENTIALITY PROVISIONS CONTAINED IN THE CHILD MALTREATMENT ACT; AND FOR OTHER PURPOSES.
10-3-3203. Confidentiality — Unlawful disclosure.
(a) Meetings of the Child Maltreatment Investigations Oversight Committee are closed and are exempt from public observance under the Freedom of Information Act of 1967, § 25-19-101 et seq.
(b) Correspondence between Child Maltreatment Investigations Oversight Committee members and information considered by the Child Maltreatment Investigations Oversight Committee in furtherance of the goals of the Child Maltreatment Investigations Oversight Committee are exempt from public inspection and copying under the Freedom of Information Act of 1967, § 25-19- 101 et seq.
(c)(1) Except as provided under subdivision (c)(2) of this section, members of the Child Maltreatment Investigations Oversight Committee shall not disclose to any other person any confidential information obtained during or in relation to a meeting of the Child Maltreatment Investigations Oversight Committee.
(2) A legislative member of the Child Maltreatment Investigations Oversight Committee, acting in his or her official capacity, may disclose confidential information obtained under this section to:
(A)(i) Members of the General Assembly.
(ii) However, disclosure shall not be made to any public committee or legislative body; and
(B) The Governor and the Governor's authorized staff members.
Secure Arkansas’ Note: SB 556 Creates the Child Maltreatment Investigations Oversight Committee and declares the meetings closed and exempt from public observance under the FOIA of 1967, Correspondence between Child Maltreatment Investigations Oversight Committee members and information considered by the Child Maltreatment Investigations Oversight Committee in furtherance of the goals of the Child Maltreatment Investigations Oversight Committee are exempt from public inspection and copying under the Freedom of Information Act of 1967, § 25-19- 101 et seq.
HB 1866 Sponsor: Representative Lundstrum
TO EXEMPT CERTAIN INFORMATION PERTAINING TO A LAW ENFORCEMENT OFFICER FROM THE FREEDOM OF INFORMATION ACT OF 1967; AND CONCERNING PUBLIC RECORD WEBSITES.
SECTION 1. Arkansas Code § 25-19-105(b)(13), concerning the examination and copying of public records under the Freedom of Information Act of 1967, is amended to read as follows:
(13)(A) Personal contact information, including without limitation home or mobile telephone numbers, personal email addresses, and home addresses of nonelected state employees, nonelected municipal employees, nonelected school employees, and nonelected county employees contained in employer records, except that the custodian of the records shall verify an employee's city or county of residence or address on record upon request;
(B) Personal contact information under subdivision (b)(13)(A) of this section as applied to a law enforcement officer includes the property records of a law enforcement officer if the law enforcement officer submits in writing to the relevant county recorder that he or she requires the property record to be private.
Secure Arkansas’ Note: HB 1866 amends Arkansas Code § 25-19-105(b)(13), concerning the examination and copying of public records under the Freedom of Information Act of 1967.
The following new exempts have been added: (B) Personal contact information under subdivision (b)(13)(A) of § 25-19-105 as applied to a law enforcement officer includes the property records of a law enforcement officer if the law enforcement officer submits in writing to the relevant county recorder that he or she requires the property record to be private.
There may come a time when those records may need to be acquired, we never know when that time may arise in the future, do we?
HB 712 Sponsor: Senator Joyce Elliott
TO REQUIRE SCHOOL TRANSPARENCY.
6-15-104. School transparency.
A school that receives state funds shall:
(1) Comply with the Freedom of Information Act of 1967, § 25-19- 101 et seq.; and
(2) Disclose on its website:
Secure Arkansas’ Note: HB 712 amends Arkansas Code Title 6, Chapter 15, Subchapter 1 to add an additional section § 6-15-104. School transparency. A school that receives state funds shall comply with the Freedom of Information Act of 1967, § 25-19- 101 et seq.
HB 2106 Sponsor: Jane English
TO DEVELOP AND IMPLEMENT AN ONLINE MOTOR VEHICLE LIABILITY INSURANCE VERIFICATION SYSTEM; AND TO ENHANCE COMPLIANCE WITH AND THE ENFORCEMENT OF MOTOR VEHICLE LIABILITY INSURANCE REQUIREMENTS
SECTION 1. Arkansas Code § 27-14-414 is amended to read as follows:
27-14-414. Vehicle Insurance Database.
(2) Otherwise, all data and information received by the Vehicle Insurance Database are confidential and are not subject to examination or disclosure as public information under the Freedom of Information Act of 1967, § 25-19-101 et seq.
(2) The Freedom of Information Act of 1967, § 25-19-101 et seq., does not apply to the information contained in the database.
(d) A motor vehicle liability insurer:
Secure Arkansas’ Note: HB 2106 implements a online motor vehicle liability insurance verification system and enhances compliance with and the enforcement of motor vehicle liability insurance requirements. FOIA does not apply to information contained in the database of the Online Motor Vehicle Liability Insurance Verification System.
HB 249 Sponsors: Sen. David Sanders, Rep. Stephen Meeks, and Rep Frances Cavenaugh
TO CREATE THE ARKANSAS SMALL BUSINESS INNOVATION RESEARCH MATCHING GRANT
PROGRAM; AND TO PROVIDE FOR MATCHING GRANTS TO BUSINESSES THAT HAVE RECEIVED FEDERAL SMALL BUSINESS INNOVATION RESEARCH GRANTS.
(d)(1) Applications submitted to the division are subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.
(2) To the extent an applicant believes that information in an application is confidential or otherwise exempt under the Freedom of Information Act of 1967, § 25-19-101 et seq., the applicant shall specifically designate in writing the information the applicant believes to be confidential or exempt and the basis for the confidentiality or exemption on that portion of the application in which the information appears.
Secure Arkansas’ Note: HB 249 creates the Arkansas Small Business Innovation Research Matching Grant Program; and to provide for matching grants to businesses that have received federal Small Business Innovation Research Grants. Applications submitted to the division are subject to the Freedom of Information Act of 1967, § 25-19-101 et seq. To the extent an applicant believes that information in an application is confidential or otherwise exempt under the Freedom of Information Act of 1967, § 25-19-101 et seq., the applicant shall specifically designate in writing the information the applicant believes to be confidential or exempt and the basis for the confidentiality or exemption on that portion of the application in which the information appears.
This could be highly subjective. If the information is of a personal nature, the exemption is understandable; however, who will make the ultimate decision regarding confidentiality or exemption?
SB 250 Sponsors: Sen. David Sanders, Rep. Stephen Meeks, and Rep. Frances Cavenaugh
TO CREATE THE ARKANSAS BUSINESS AND TECHNOLOGY ACCELERATOR ACT; AND TO PROVIDE FOR AN ARKANSAS BUSINESS AND TECHNOLOGY ACCELERATOR GRANT PROGRAM.
(d)(1) Applications submitted to the division are subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.
(2) To the extent an applicant believes that information in an application is confidential or otherwise exempt under the Freedom of Information Act of 1967, § 25-19-101 et seq., the applicant shall specifically designate in writing the information the applicant believes to be confidential or exempt and the basis for the confidentiality or exemption on that portion of the application in which the information appears.
Secure Arkansas’ Note: SB 250 creates the Arkansas Business and Technology Accelerator Act; and to provide for an Arkansas Business and Technology Accelerator Grant Program.
Applications submitted to the division are subject to the Freedom of Information Act of 1967, § 25-19-101 et seq. To the extent an applicant believes that information in an application is confidential or otherwise exempt under the Freedom of Information Act of 1967, § 25-19-101 et seq., the applicant shall specifically designate in writing the information the applicant believes to be confidential or exempt and the basis for the confidentiality or exemption on that portion of the application in which the information appears.
This could be highly subjective. If the information is of a personal nature, the exemption is understandable; however, who will make the ultimate decision regarding confidentiality or exemption?
HB 1236 Sponsor: Senator Blake Johnson
TO PROTECT THE PRIVACY OF SURVIVING FAMILY MEMBERS OF A LAW ENFORCEMENT OFFICER WHO DIES IN THE LINE OF DUTY; AND TO EXEMPT CERTAIN LAW ENFORCEMENT RECORDS FROM DISCLOSURE; AND TO DECLARE AN EMERGENCY.
(b)(1) A record that depicts or records the death of a law enforcement officer is confidential and exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.
Secure Arkansas’ Note: HB 1236 amends Arkansas Code Title 12 to (A) protect the privacy belonging to family members of a deceased law enforcement officer; and (B) Discourage copycat acts of violence or other similar forms of violence against law enforcement officers. HB 1236 is a companion to SB 152.
A record that depicts or records the death of a law enforcement officer is confidential and exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. However, a family member of the deceased law enforcement officer may access a record described in subdivision (b)(1) of this section.
SB 152 Sponsor: Senator Blake Johnson
TO PROTECT THE PRIVACY OF SURVIVING FAMILY MEMBERS OF A LAW ENFORCEMENT OFFICER WHO DIES IN THE LINE OF DUTY; AND TO EXEMPT CERTAIN LAW ENFORCEMENT RECORDS FROM DISCLOSURE; AND TO DECLARE AN EMERGENCY.
(b)(1) A record that depicts or records the death of a law enforcement officer is confidential and exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.
Secure Arkansas’ Note: SB 152 amends Arkansas Code Title 12 to (A) Protect the privacy belonging to family members of a deceased law enforcement officer; and (B) Discourage copycat acts of violence or other similar forms of violence against law enforcement officers. SB 152 is a companion to HB 1236 (shown directly above).
A record that depicts or records the death of a law enforcement officer is confidential and exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. However, a family member of the deceased law enforcement officer may access a record described in subdivision (b)(1) of this section.
HR 1024 Sponsor: Representative Rushing
TO DESIGNATE FEBRUARY 14, 2017 AS FREEDOM OF INFORMATION ACT DAY IN ARKANSAS.
Secure Arkansas’ Note: Sounds good because the FOIA is very very important to us, BUT… it seems strange to us that after fifty years of having the FOIA Sunshine Laws, we are now are having a veil of darkness fall over Arkansas. Once again, Secure Arkansas is trying to document what is happening at the Arkansas Capitol in 2017.
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HB 1438 Sponsor: Joint Budget Committee
AN ACT FOR THE DEPARTMENT OF HUMAN SERVICES – DIRECTOR'S OFFICE
APPROPRIATION FOR THE 2017-2018 FISCAL YEAR.
SECTION 9. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. DIRECTOR'S OFFICE/OFFICE OF CHIEF COUNSEL – PURCHASE OF EVIDENCE. Upon approval by the Chief Fiscal Officer of the State, the Chief Counsel for the Department of Human Services may transfer an amount up to but not to exceed $12,000 and deposit same in a bank account for the purpose of purchasing evidence in the course of investigating the illegal use of food stamps/Electronic Benefit Transfer (EBT) cards. The funds so transferred shall be subject to accounting in a manner substantially similar to that employed by the Arkansas State Police for such transactions; provided however, that information tending to identify participants in such transactions shall be exempt from the Arkansas Freedom of Information Act.
Secure Arkansas’ Note: HB 1438 makes appropriation for personal services and operation expenses for the Department of Human Services – Director’s Office for the fiscal year ending June 30, 2018.
HB 1438 exempts FOIA disclosure of identity transactions of Electronic Benefit Transfer (EBT) cards for information tending to identify participants in such transactions shall be exempt from the Arkansas Freedom of Information Act.
HB 2242 Sponsors: Representatives Davis, Della Rosa, and Senator Hester
AN ACT TO AMEND THE FREEDOM OF INFORMATION ACT OF 1967 CONCERNING DATA RELATED TO A PUBLIC WATER SYSTEM OR MUNICIPALLY OWNED UTILITY SYSTEM; AND FOR OTHER PURPOSES.
SECTION 1. Arkansas Code § 25-19-105(b)(18)-(20), concerning the examination and
copying of public records, is amended to read as follows:
(C) However, this subsection shall not apply to a person or entity who is authorized by law to engage in the planning or construction of a project that requires the release of information under this subsection to facilitate the planning or construction of the project;
(ii) However, a person or entity who is authorized by law to engage in the planning or construction of a project may obtain customer usage data if it is necessary to facilitate the planning or construction of the project;
Secure Arkansas’ Note: HB 2242 amends Arkansas Code § 25-19-105(b)(18)-(20) concerning examination and copying of public records related to public water system or municipally owned utility systems.
Arkansas Code removes the restriction of the FOIA whenever a person or entity who is authorized by law to engage in the planning or construction of a project may obtain customer usage data if it is necessary to facilitate the planning or construction of the project.
Our stance is: don’t fix what isn’t broken!
In closing: Secure Arkansas has been around since 2008, and we think it’s time to tell everyone how much we care about all Americans across the country, especially those in our beautiful state. We are made up of non-paid volunteers that are simply trying very hard to serve the welfare of the general public. We welcome any advice or constructive criticism that may come our way, and your interpretation of our alerts are important to us.
We also want to let you know that we have been overwhelmed with calls and emails this legislative session, and we have only been responding to those emails that absolutely had to have a response.
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