Arkansas 2025 Regular Session

Arkansas House Bill HB1494 Compare Versions

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

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
2	2	LGL075 02/17/2025 10:21:51 AM LGL075
3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 HOUSE BILL 1494 3
6	6	4
7	7	By: Representative Hawk 5
8	8	By: Senator Hill 6
9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT TO CREATE THE ARKANSAS GUIDANCE OUT OF THE 9
12	12	DARKNESS ACT; TO REQUIRE STATE AGENCIES TO PUBLISH 10
13	13	FEDERAL GUIDANCE DOCUMENTS ONLINE; AND FOR OTHER 11
14	14	PURPOSES. 12
15	15	13
16	16	14
17	17	Subtitle 15
18	18	TO CREATE THE ARKANSAS GUIDANCE OUT OF 16
19	19	THE DARKNESS ACT; AND TO REQUIRE STATE 17
20	20	AGENCIES TO PUBLISH FEDERAL GUIDANCE 18
21	21	DOCUMENTS ONLINE. 19
22	22	20
23	23	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
24	24	22
25	25	SECTION 1. Arkansas Code Title 25, Chapter 1, is amended to add an 23
26	26	additional subchapter to read as follows: 24
27	27	Subchapter 13 — Arkansas Guidance Out of the Darkness Act 25
28	28	26
29	29	25-1-1301. Title. 27
30	30	This subchapter shall be known and cited as the "Arkansas Guidance Out 28
31	31	of the Darkness Act" or “Ark -GOOD Act". 29
32	32	30
33	33	25-1-1302. Legislative findings and intent. 31
34	34	(a) The General Assembly finds that: 32
35	35	(1) Transparency in government is essential to ensuring 33
36	36	accountability and maintaining public trust; 34
37	37	(2) Despite lacking the force of law, guidance from the United 35
38	38	States Government often: 36 HB1494
39	39
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41	41	(A) Influences state agency decision -making and regulatory 1
42	42	enforcement; and 2
43	43	(B) Provides insight into the interpretation of the law by 3
44	44	federal agencies; and 4
45	45	(3) The public has a right to know what federal guidance 5
46	46	documents are received by state agencies and how those documents might impact 6
47	47	state policies and procedures. 7
48	48	(b) It is the intent of the General Assembly to require state agencies 8
49	49	to: 9
50	50	(A) Publish all federal guidance documents received by the state 10
51	51	agency from the United States Government; and 11
52	52	(B) Organize the federal guidance documents in an online format 12
53	53	to promote transparency and accountability. 13
54	54	14
55	55	25-1-1303. Definitions. 15
56	56	As used in this subchapter: 16
57	57	(1) "Federal agency" means the same as "agency" as defined under 17
58	58	5 U.S.C. § 551 as it existed on January 1, 2025; 18
59	59	(2)(A) "Federal guidance document" means a statement issued by a 19
60	60	federal agency that: 20
61	61	(i) Sets forth a policy on a statutory, regulatory, 21
62	62	or technical issue; or 22
63	63	(ii) Provides an interpretation of a federal statute 23
64	64	or regulation. 24
65	65	(B) A federal guidance document may include without 25
66	66	limitation a written or electronic directive, memorandum, notice, bulletin, 26
67	67	letter, or policy statement. 27
68	68	(C) "Federal guidance document" does not include a rule 28
69	69	promulgated under 5 U.S.C. § 553 as it existed on January 1, 2025; 29
70	70	(3) "Publicly accessible website" means a website maintained by 30
71	71	a state agency that is available to the public with no login, subscription, 31
72	72	or payment requirement; and 32
73	73	(4) "State agency" means every agency, authority, board, bureau, 33
74	74	commission, council, department, division, and officer of this state, 34
75	75	including without limitation a state -supported institution of higher 35
76	76	education. 36 HB1494
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79	79	1
80	80	25-1-1304. Publication of a federal guidance document. 2
81	81	(a) A state agency shall create a webpage on its publicly accessible 3
82	82	website to publish a federal guidance document received by the state agency 4
83	83	that: 5
84	84	(1) Seeks to influence the state agency’s: 6
85	85	(A) Interpretation, enforcement, or implementation of 7
86	86	state laws, rules, or policies; or 8
87	87	(B) Administration of federal funds; or 9
88	88	(2) Provides recommendations or instructions to the state agency 10
89	89	on compliance with federal laws or regulations. 11
90	90	(b) A state agency that publishes a webpage under subsection (a) of 12
91	91	this section to display a federal guidance document shall provide: 13
92	92	(1) The full text or an electronic copy of the federal guidance 14
93	93	document; 15
94	94	(2) The date that the federal guidance document was received by 16
95	95	the state agency; and 17
96	96	(3) A brief content summary of the federal guidance document and 18
97	97	its potential impact on the operations or policies of the state agency. 19
98	98	20
99	99	25-1-1305. Timeliness of Publication. 21
100	100	(a) A state agency shall publish a federal guidance document required 22
101	101	under § 25-1-1304 within thirty (30) days of receipt. 23
102	102	(b) A state agency that receives a federal guidance document that is 24
103	103	marked as confidential or restricted by the issuing federal agency shall: 25
104	104	(1) Publish a notice on its website indicating the existence of 26
105	105	the confidential or restricted federal guidance document; and 27
106	106	(2) Submit a written inquiry to the issuing federal agency 28
107	107	asking what, if any, portions of the document may be disclosed. 29
108	108	30
109	109	25-1-1306. Exemptions. 31
110	110	(a) Notwithstanding the provisions of § 25 -1-1305, this subchapter 32
111	111	does not require the publication of: 33
112	112	(1) A federal guidance document that has been properly 34
113	113	classified under an executive order from the President of the United States; 35
114	114	(2) A federal guidance document that has been exempted from 36 HB1494
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117	117	public disclosure by a federal statute; 1
118	118	(3) Personally identifiable information; 2
119	119	(4) Sensitive security information; and 3
120	120	(5) Internal state agency communication pertaining to a federal 4
121	121	guidance document. 5
122	122	(b) Reasonably identifiable portions of a federal guidance document 6
123	123	that do not contain exempt information under subsection (a) of this section 7
124	124	shall be published. 8
125	125	9
126	126	25-1-1307. Enforcement and compliance. 10
127	127	(a) The director of a state agency shall oversee the agency's 11
128	128	compliance with the provisions of this subchapter. 12
129	129	(b) The Auditor of State shall: 13
130	130	(1) Annually conduct a review of state agency compliance with 14
131	131	this subchapter; and 15
132	132	(2) Prepare and submit a written report regarding compliance 16
133	133	with this subchapter on or before July 1 of each year to the Legislative 17
134	134	Council. 18
135	135	19
136	136	SECTION 2. DO NOT CODIFY. SEVERABILITY. 20
137	137	If any provision of this act or the application of this act to any 21
138	138	person or circumstance is held invalid, the invalidity shall not affect other 22
139	139	provisions or applications of this act which can be given effect without the 23
140	140	invalid provision or application, and to this end, the provisions of this act 24
141	141	are declared severable. 25
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