Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 227 3
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By: Senator C. Tucker 5
By: Representative Eubanks 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE FREEDOM OF INFORMATION ACT OF 9
1967; TO AMEND THE PROVISIONS OF THE FREEDOM OF 10
INFORMATION ACT OF 1967 CONCERNING PUBLIC MEETINGS; 11
AND FOR OTHER PURPOSES. 12
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Subtitle 15
TO AMEND THE FREEDOM OF INFORMATION ACT 16
OF 1967; AND TO AMEND THE PROVISIONS OF 17
THE FREEDOM OF INFORMATION ACT OF 1967 18
CONCERNING PUBLIC MEETINGS. 19
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
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SECTION 1. Arkansas Code § 25 -19-103(6), concerning the definitions 23
used under the Freedom of Information Act of 1967, is amended to read as 24
follows: 25
(6)(A) “Public meetings meeting” means the meetings of any 26
formal gathering together of a governing body, whether in person or through 27
electronic or telephonic means, of any of the following entities to discuss 28
or vote on public business: 29
(i) A bureau, commission, or agency of the state ; or 30
any 31
(ii) A political subdivision of the state, including 32
municipalities, and counties, and boards of education,; and all 33
(iii) All other boards, bureaus, commissions, or 34
organizations in the State of Arkansas, except grand juries, supported wholly 35
or in part by public funds or expending public funds . 36 SB227
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(B) “Public meeting” does not include the gathering 1
together, whether in person or through electronic or telephonic means, of the 2
members of a governing body to discuss the settlement of a cause of action in 3
a court-ordered alternative dispute resolution process ; 4
5
SECTION 2. Arkansas Code § 25 -19-103, concerning the definitions used 6
under the Freedom of Information Act of 1967, is amended to add additional 7
subdivisions to read as follows: 8
(10) "Cybersecurity" means the measures taken to achieve 9
protection against the criminal or unauthorized use of electronic data; and 10
(11) “Poll” means a series of communications between an agent, 11
employee, or person paid by a governing body and one (1) or more members of 12
the governing body to determine: 13
(A) How the member of the governing body intends to vote; 14
or 15
(B) Whether the member of the governing body supports or 16
opposes certain proposed action by the governing body. 17
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SECTION 3. Arkansas Code § 25 -19-106 is amended to read as follows: 19
25-19-106. Open public Public meetings — Requirements, exceptions, and 20
penalties. 21
(a) Except as otherwise specifically provided by law, all meetings, 22
formal or informal, special or regular, of the governing bodies of all 23
municipalities, counties, townships, and school districts and all boards, 24
bureaus, commissions, or organizations of the State of Arkansas, except grand 25
juries, supported wholly or in part by public funds or expending public 26
funds, shall be public meetings. To lawfully hold a public meeting, a 27
governing body shall ensure that: 28
(1) Prior notice of the public meeting has been provided as 29
required under subsection (b) of this section; 30
(2) Any executive session held within a public meeting is 31
conducted as required under subsection (c) of this section; 32
(3) The public meeting is recorded as provided under subsection 33
(d) of this section; 34
(4) The public is permitted reasonable access to the public 35
meeting as provided under subsection (e) of this section; and 36 SB227
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(5) The public meeting is conducted in a manner that allows the 1
public to attend and hear the governing body's meaningful discussion and 2
deliberation on official business. 3
(b)(1) The time and place of each regular public meeting shall be 4
furnished to anyone who requests the information. 5
(2)(A) In the event of an emergency or special meetings public 6
meeting, the person calling the public meeting shall notify the 7
representatives of the newspapers, radio stations, and television stations, 8
if any, located in the county in which the public meeting is to be held and 9
any news media located elsewhere that cover regular public meetings of the 10
governing body and that have requested to be so notified of emergency or 11
special public meetings of the time, place, and date of the public meeting. 12
(B) Notification The notification required under 13
subdivision (b)(2)(A) of this section shall be made at least two (2) hours 14
before the public meeting takes place in order that the public shall have 15
representatives at the public meeting. 16
(3) In addition to the requirements under subdivisions (b)(1) 17
and (2) of this section, the time, place, and date of a public meeting shall 18
be published online if the governing body or the entity it governs maintains 19
a website or social media page. 20
(c)(1)(A) Except as provided under subdivision (c)(6) of this section, 21
an An executive session will be permitted only for the purpose of : 22
(A)(i) considering Considering the employment, 23
appointment, promotion, demotion, disciplining, or resignation of any public 24
officer or employee. 25
(B) The specific purpose of the executive session 26
shall be announced in public before (ii) Before going into an executive 27
session called under subdivision (c)(1)(A)(i) of this section, a governing 28
body shall state publicly which specific purpose listed in subdivision 29
(c)(1)(A)(i) of this section is the basis for the executive session . 30
(2)(A)(iii) Only the person holding the top 31
administrative position in the public agency, department, or office governing 32
body involved, the immediate supervisor of the employee involved, and the 33
employee may be present at the executive session when so requested by the 34
governing body, board, commission, or other public body holding the executive 35
session. 36 SB227
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(B)(iv) Any person being interviewed for the top 1
administrative position in the public agency, department, or office governing 2
body involved may be present at the executive session when so requested by 3
the governing board, commission, or other public body holding the executive 4
session.; 5
(B) Discussing how a governing body will respond to the 6
terms of a demand affecting cybersecurity; 7
(C)(i) A board or commission of the state preparing 8
examination materials and answers to examination materials that are 9
administered to applicants for licensure from a state agency. 10
(ii) Boards and commissions are excluded from this 11
chapter for the administering of examinations to applicants for licensure; 12
(D) Subject to subdivision (h)(3) of this section, a 13
governing body considering, evaluating, or discussing matters pertaining to a 14
public water system's security or municipally owned utility system's security 15
as described in § 25 -19-105(b)(17); and 16
(E) Holding an executive session of the Child Maltreatment 17
Investigations Oversight Committee under § 10 -3-3201 et seq. 18
(3)(2) Executive sessions must never be called for the purpose 19
of defeating the reason or the spirit of this chapter. 20
(4) No resolution, ordinance, rule, contract, regulation, or 21
motion considered or arrived at in executive session will be legal unless, 22
following the executive session, the public body reconvenes in public session 23
and presents and votes on the resolution, ordinance, rule, contract, 24
regulation, or motion. 25
(5)(A) Boards and commissions of this state may meet in 26
executive session for purposes of preparing examination materials and answers 27
to examination materials that are administered to applicants for licensure 28
from state agencies. 29
(B) Boards and commissions are excluded from this chapter 30
for the administering of examinations to applicants for licensure. 31
(6) Subject to the provisions of subdivision (c)(4) of this 32
section, a public agency may meet in executive session for the purpose of 33
considering, evaluating, or discussing matters pertaining to public water 34
system security or municipally owned utility system security as described in 35
§ 25-19-105(b)(17). 36 SB227
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(7) An executive session held by the Child Maltreatment 1
Investigations Oversight Committee under § 10 -3-3201 et seq. is exempt from 2
this section. 3
(d)(1) All officially scheduled, special, and called open public 4
meetings Except as provided under subdivision (d)(4) of this section, a 5
public meeting shall be recorded in a manner that allows for the capture of 6
sound, including without limitation: 7
(A) A sound-only recording; 8
(B) A video recording with sound and picture; or 9
(C) A digital or analog broadcast capable of being 10
recorded. 11
(2) A recording of an open a public meeting shall be maintained 12
by a public entity governing body for a minimum of one (1) year from the date 13
of the open public meeting. 14
(3) The recording shall be maintained in a format that may be 15
reproduced upon a request under this chapter. 16
(4) Subdivisions Subdivision (d)(1) and (2) of this section do 17
does not apply to: 18
(A) Executive sessions; or 19
(B) Volunteer fire departments. 20
(5) Cities of the second class and incorporated towns are exempt 21
from subdivisions (d)(1) and (2) of this section until July 1, 2020. 22
(e)(1) A governing body shall ensure that Arkansas residents have 23
reasonable access to attend a public meeting. 24
(2) If the Governor declares a disaster emergency under the 25
Arkansas Emergency Services Act of 1973, § 12 -75-101 et seq., a public entity 26
may assemble, gather, meet, and A governing body may conduct an open a public 27
meeting through electronic means, including without limitation by: 28
(A) Telephone; 29
(B) Video conference; or and 30
(C) Video broadcast. 31
(2)(3) If an open a public meeting is held under subdivision 32
(e)(1)(e)(2) of this section: 33
(A) The public may attend the open public meeting using 34
electronic means; and 35
(B) Notice of the method the public may attend the open 36 SB227
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public meeting shall be published with the notice of the open public meeting. 1
(3)(4) Physical presence of the public or of an individual 2
member of the public entity governing body at the open public meeting is not 3
required under this subsection. 4
(4)(5) The open public meeting shall be recorded in the format 5
in which it is conducted, including without limitation: 6
(A) A sound-only recording; 7
(B) A video recording with sound and picture; or and 8
(C) A digital or analog broadcast capable of being 9
recorded. 10
(5)(6) A public entity governing body shall maintain the records 11
of an open a public meeting held under this subsection for a minimum of one 12
(1) year from the date of the open public meeting. 13
(f) A member of a governing body shall not participate in a 14
communication, whether oral or written, that: 15
(1) He or she knows or reasonably should know is a poll; or 16
(2) Occurs outside of a public meeting with another member of 17
the governing body about a matter on which official action will foreseeably 18
be taken by the governing body. 19
(g) Two (2) or more employees of a governing body may communicate for 20
the purpose of exercising a responsibility, authority, power, or duty of an 21
employee without notice and an open meeting under this section. 22
(h)(1) If a circuit court finds under § 25 -19-107 that a governing 23
body violated this section, the circuit court shall invalidate any action the 24
governing body took at the unlawful public meeting. 25
(2) If a circuit court finds under § 25 -19-107 that a member of 26
a governing body engaged in a communication prohibited under subsection (f) 27
of this section, the circuit court shall invalidate any action the governing 28
body took that is the direct or indirect result of the prohibited 29
communication. 30
(3) An action taken in an executive session is void unless the 31
governing body conducts a public vote on the matter discussed in the 32
executive session at the conclusion of the executive session. 33
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