Arkansas 2023 Regular Session

Arkansas House Bill HB1726 Compare Versions

Only one version of the bill is available at this time.

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1	1	Stricken language would be deleted from and underlined language would be added to present law.
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4	4	State of Arkansas 1
5	5	94th General Assembly A Bill 2
6	6	Regular Session, 2023 HOUSE BILL 1726 3
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8	8	By: Representative Ray 5
9	9	By: Senator B. Davis 6
10	10	7
11	11	For An Act To Be Entitled 8
12	12	AN ACT TO AMEND THE LAW CONCERNING THE F REEDOM OF 9
13	13	INFORMATION ACT OF 1 967; TO AMEND THE LA W CONCERNING 10
14	14	DEFINITIONS USED IN THE FREEDOM OF INFOR MATION ACT OF 11
15	15	1967; TO ADD PUBLIC RECORDS EXEMPTIONS; TO AMEND 12
16	16	PUBLIC MEETINGS REQU IREMENTS; TO AMEND REQUIREMENTS 13
17	17	RELATED TO CUSTODIAN S PROCESSING PUBLIC RECORDS 14
18	18	REQUESTS; AND FOR OT HER PURPOSES. 15
19	19	16
20	20	17
21	21	Subtitle 18
22	22	TO AMEND THE FREEDOM OF INFORMATION ACT 19
23	23	OF 1967; TO ADD DEFINITIONS; TO ADD 20
24	24	PUBLIC RECORDS EXEMPTIONS; TO AMEND 21
25	25	PUBLIC MEETINGS REQUIREMENTS; AN D TO 22
26	26	AMEND REQUIREMENTS RELATED TO CUSTODIANS 23
27	27	PROCESSING PUBLIC RECORDS REQUESTS. 24
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29	29	26
30	30	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 27
31	31	28
32	32	SECTION 1. Arkansas Code § 25 -19-103, concerning definitions used 29
33	33	under the Freedom of Information Act of 1967, is amended to add additional 30
34	34	subdivisions to read as follows: 31
35	35	(10) "Governmental agency" means an office, department, 32
36	36	commission, council, board, committee, legislative body, agency, or other 33
37	37	establishment of the executive, judicial, or leg islative branch of the state, 34
38	38	including without limitation the office of a public official; 35
39	39	(11) "Public appointee" means an individual who is appointed to 36 HB1726
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44	44	a governmental agency. 1
45	45	(12) "Public employee" means an individual who is employed by a 2
46	46	governmental agency or who is appointed to serve a governmental agency; 3
47	47	(13) "Public official" means a person holding an elective office 4
48	48	of any governmental agency, whether elected or appointed to the office; and 5
49	49	(14) "Public servant" means a person who is serving at the state 6
50	50	level of government and is a: 7
51	51	(A) Public appointee; 8
52	52	(B) Public employee; or 9
53	53	(C) Public official. 10
54	54	11
55	55	SECTION 2. Arkansas Code § 25 -19-105(b)(6), concerning records not to 12
56	56	be deemed to be made open to the public under the Freedom of Information Act 13
57	57	of 1967, is amended to read as follows: 14
58	58	(6) Undisclosed or ongoing investigations by law enforcement 15
59	59	agencies of suspected criminal activity and any evidence or materials likely 16
60	60	to be used by law enforcement in a criminal pro secution; 17
61	61	18
62	62	SECTION 3. Arkansas Code § 25 -19-105(b), concerning records not to be 19
63	63	deemed to be made open to the public under the Freedom of Information Act of 20
64	64	1967, is amended to add additional subdivisions to read as follows: 21
65	65	(28) Communication betwee n a public servant acting in the 22
66	66	performance of his or her duties or within the scope of his or her employment 23
67	67	and the legal counsel of a governmental agency, relating to legal advice or 24
68	68	assistance provided to the public servant in the performance of his o r her 25
69	69	duties, including without limitation: 26
70	70	(A) Records or memoranda prepared by the legal counsel 27
71	71	related to the legal advice or assistance provided; and 28
72	72	(B) Communication between the legal counsel of the 29
73	73	governmental agency and the legal counsel of another governmental agency, if 30
74	74	the communication is related to the advice or assistance provided; 31
75	75	(29) A record that was prepared: 32
76	76	(A) By an attorney representing a governmental agency or a 33
77	77	public servant acting in the performance of his or he r duties or within the 34
78	78	scope of his or her employment; and 35
79	79	(B) In anticipation of litigation or for use in pending 36 HB1726
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84	84	litigation; 1
85	85	(30) Deliberative process records of a governmental agency in 2
86	86	which opinions are expressed or policies or actions are formulated, if 3
87	87	related to a needed determination of policy or action and created or received 4
88	88	by the agency, including without limitation: 5
89	89	(A) Drafts; 6
90	90	(B) Notes; 7
91	91	(C) Recommendations; 8
92	92	(D) Memoranda; 9
93	93	(E) Correspondence; and 10
94	94	(F) Other records, if related to an agency determination 11
95	95	of policy or action; and 12
96	96	(31)(A) Data, records, or information that is: 13
97	97	(i) Of a proprietary nature; 14
98	98	(ii) Produced or collected by or for faculty, staff, 15
99	99	students, or contractors of an institution of higher education, a 16
100	100	governmental agency, or a public or private entity supporting or 17
101	101	participating in the conduct of research on agricultural, medical, 18
102	102	commercial, scientific, technical, scholarly, institutional, or artistic 19
103	103	matters, whether sponsored by the institution of higher education alone or in 20
104	104	conjunction with a contractor, governmental agency, or public or private 21
105	105	entity; and 22
106	106	(iii) Not publicly released, published, copyrighted, 23
107	107	or patented. 24
108	108	(B) The exemption provided in sub division (b)(30)(A) of 25
109	109	this section includes without limitation: 26
110	110	(i) Information that discloses the identity of any 27
111	111	participants or private entities in the research; 28
112	112	(ii) Information provided by participants in the 29
113	113	research; 30
114	114	(iii) Research notes and data; 31
115	115	(iv) Discoveries; 32
116	116	(v) Methodologies; 33
117	117	(vi) Protocols; and 34
118	118	(vii) Creative works. 35
119	119	36 HB1726
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124	124	SECTION 4. Arkansas Code § 25 -19-105(d)(3)(A), concerning the 1
125	125	examination and copying of public records under the Freedom of Informati on 2
126	126	Act of 1967, is amended to read as follows: 3
127	127	(3)(A)(i)(a) Except as provided in subdivision (d)(3)(A)(i)(b) 4
128	128	of this section, § 25-19-109, or by law, any fee for copies shall not exceed 5
129	129	the actual costs of reproduction, including the costs of the mediu m of 6
130	130	reproduction, supplies, equipment, and maintenance, but not including 7
131	131	existing agency personnel time associated with searching for, retrieving, 8
132	132	reviewing, or copying the records. 9
133	133	(b) If personnel time to retrieve, review, 10
134	134	redact, and provide rec ords exceeds eight (8) hours, personnel time exceeding 11
135	135	eight (8) hours may be charged at a rate not to exceed the salary or hourly 12
136	136	pay of the lowest paid employee or contractor who, in the discretion of the 13
137	137	custodian, has the necessary skill and training t o respond to the request. 14
138	138	(ii)(a) The custodian may also charge the actual 15
139	139	costs of mailing or transmitting the record by facsimile or other electronic 16
140	140	means. 17
141	141	(b) If the custodian's existing software 18
142	142	requires that records be printed out and sca nned electronically to be 19
143	143	electronically transmitted, the custodian may charge the requestor for the 20
144	144	actual cost incurred to print and scan the records. 21
145	145	(iii) If the estimated fee exceeds twenty -five 22
146	146	dollars ($25.00), the custodian may require the req uestor to pay that fee in 23
147	147	advance. 24
148	148	(iv) Copies may be furnished without charge or at a 25
149	149	reduced charge if the custodian determines that the records have been 26
150	150	requested primarily for noncommercial purposes and that waiver or reduction 27
151	151	of the fee is in the public interest. 28
152	152	(v)(a) Except as provided in § 25 -19-109 or 29
153	153	otherwise in this section , the custodian may not charge a fee for the 30
154	154	requestor's inspection or copying, including without limitation copying 31
155	155	through image capture, including still and mo ving photography and video and 32
156	156	digital recording, of public records. 33
157	157	(b) If personnel time to retrieve, print, 34
158	158	copy, or otherwise provide records for the requestor's inspection or copying 35
159	159	exceeds eight (8) hours, personnel time exceeding eight (8) hours may be 36 HB1726
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164	164	charged at a rate not to exceed the salary or hourly pay of the lowest paid 1
165	165	employee or contractor who, in the discretion of the custodian, has the 2
166	166	necessary skill and training to respond to the request. 3
167	167	(vi) If a requestor has outstanding invoices for 4
168	168	requests previously filled under this section, the custodian may refuse to 5
169	169	fulfill any new requests from the delinquent requestor under this section 6
170	170	until the outstanding invoices are paid in full. 7
171	171	8
172	172	SECTION 5. Arkansas Code § 25 -19-105(e), concerning the examination 9
173	173	and copying of public records under the Freedom of Information Act of 1967, 10
174	174	is amended to read as follows: 11
175	175	(e)(1) If a public record is in active use or storage and therefore 12
176	176	not available at the time a citizen asks to examine it, the custodian shall 13
177	177	certify this fact in writing to the applicant and set a date and hour within 14
178	178	three (3) ten (10) working days at which time the record will be available 15
179	179	for the exercise of the right given by this chapter. 16
180	180	(2) If it is not practicable to retrieve, review, redact, and 17
181	181	provide requested public records wit hin the normal business hours of the 18
182	182	number of working days specified in subdivision (e)(1) of this section, the 19
183	183	custodian shall notify the requestor of the necessary delay in writing and 20
184	184	shall provide the following information: 21
185	185	(A) The date and time a t which the records will be made 22
186	186	available; 23
187	187	(B) The specific reason why the records cannot be produced 24
188	188	within the applicable time period; and 25
189	189	(C) A breakdown of the estimated employee or contractor 26
190	190	time that will be spent fulfilling the request. 27
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192	192	SECTION 6. Arkansas Code § 25 -19-106(c)(1)(A), concerning open public 29
193	193	meetings under the Freedom of Information Act of 1967, is amended to read as 30
194	194	follows: 31
195	195	(c)(1)(A) Except as provided under subdivision (c)(6) of this section, 32
196	196	an executive session wil l be permitted only for the purpose of : considering 33
197	197	(i) Considering employment, appointment, promotion, 34
198	198	demotion, disciplining, or resignation of any public officer or employee ; or 35
199	199	(ii) Discussing matters related to cybersecurity or 36 HB1726
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204	204	cyberattacks that could expose a governing body to vulnerabilities if made 1
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