Stricken language would be deleted from and underlined language would be added to present law.
Act 505 of the Regular Session
*LGL072* 03-18-2025 11:14:33 LGL072
State of ArkansasAs Engrossed: S2/20/25 S2/26/25 S3/3/25 S3/10/25 S3/12/25 1
H3/18/25 2
95th General Assembly A Bill 3
Regular Session, 2025 SENATE BILL 227 4
5
By: Senators C. Tucker, B. Davis, J. Boyd, C. Penzo, G. Stubblefield, J. Petty 6
By: Representatives Eubanks, A. Collins, Gazaway, Gramlich, Hawk, L. Johnson, M. McElroy, J. 7
Richardson, Womack, Wooldridge 8
9
For An Act To Be Entitled 10
AN ACT TO AMEND THE FREEDOM OF INFORMATION ACT OF 11
1967; TO AMEND THE PROVISIONS OF THE FREEDOM OF 12
INFORMATION ACT OF 1967 CONCERNING PUBLIC MEETINGS; 13
AND FOR OTHER PURPOSES. 14
15
16
Subtitle 17
TO AMEND THE FREEDOM OF INFORMATION ACT 18
OF 1967; AND TO AMEND THE PROVISIONS OF 19
THE FREEDOM OF INFORMATION ACT OF 1967 20
CONCERNING PUBLIC MEETINGS. 21
22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
24
SECTION 1. Arkansas Code § 25 -19-103 is amended to read as follows: 25
25-19-103. Definitions. 26
As used in this chapter: 27
(1) “Background and nondecisional information” means information 28
that is not deliberation; 29
(1)(A)(2)(A) “Custodian”, except as otherwise provided by law 30
and with respect to any public record, means the person having administrative 31
control of that record. 32
(B) “Custodian” does not mean a person who holds public 33
records solely for the purposes of storage, safekeeping, or data processing 34
for others; 35
(3) "Cybersecurity" means the measures taken to achieve 36 As Engrossed: S2/20/25 S2/26/25 S3/3/25 S3/10/25 S3/12/25 H3/18/25 SB227
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protection against the criminal or unauthorized use of electronic data; 1
(4) “Deliberation” means an exchange of information or opinion 2
between two (2) or more members of a governing body that: 3
(A) Seeks, discloses, or inquires about a decision by a 4
member of the governing body concerning any matter on which official action 5
will foreseeably be taken by the governing body; or 6
(B) Solicits, discloses, or inquires about the support or 7
opposition of a member of the governing body concerning any matter on which 8
official action will foreseeably be taken by the governing body; 9
(2)(5) “Disaster recovery system” means an electronic data 10
storage system implemented and maintained solely for the purpose of allowing 11
a governmental unit or agency to recover operational systems and datasets 12
following the occurrence of a catastrophe, including without limitation an 13
act of war, an equipment failure, a cyberattack, or a natural disaster such 14
as a tornado, earthquake, or fire; 15
(3)(6) “Format” means the organization, arrangement, and form of 16
electronic information for use, viewing, or storage; 17
(7) “Governing body” means the governing body of a public 18
entity; 19
(8) “Informal meeting” means the gathering of two (2) or more 20
members of a governing body outside of a public meeting; 21
(4)(9) “Medium” means the physical form or material on which 22
records and information may be stored or represented and may include, but is 23
not limited to, paper, microfilm, microform, computer disks and diskettes, 24
optical disks, and magnetic tapes; 25
(5)(A)(10)(A) “Municipally owned utility system” means a utility 26
system owned or operated by a municipality that provides: 27
(i) Electricity; 28
(ii) Water; 29
(iii) Wastewater; 30
(iv) Cable television; or 31
(v) Broadband service. 32
(B) “Municipally owned utility system” includes without 33
limitation a: 34
(i) Consolidated waterworks system under the 35
Consolidated Waterworks Authorization Act, § 25 -20-301 et seq.; 36 As Engrossed: S2/20/25 S2/26/25 S3/3/25 S3/10/25 S3/12/25 H3/18/25 SB227
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(ii) Utility system managed or operated by a 1
nonprofit corporation under § 14 -199-701 et seq.; and 2
(iii) Utility system owned or operated by a 3
municipality or by a consolidated utility district under the General 4
Consolidated Public Utility System Improvement District Law, § 14 -217-101 et 5
seq.; 6
(11) “Poll” means a series of communications: 7
(A) Between: 8
(i) One (1) or more persons paid by a public entity 9
or agents or employees of that public entity; and 10
(ii) One (1) or more members of the governing body 11
of that public entity; 12
(B) Concerning any matter on which official action will 13
foreseeably be taken by the governing body; 14
(C) To determine: 15
(i) How the member of the governing body intends to 16
vote; or 17
(ii) Whether the member of the governing body 18
supports or opposes certain proposed action by the governing body; and 19
(D) For the purpose of exercising a responsibility, 20
authority, power, or duty of the governing body; 21
(6)(12) "Public meetings" "Public entity" means the meetings of 22
any: 23
(A) A bureau, commission, or agency of the state ; or any 24
(B) A political subdivision of the state, including 25
municipalities, and counties, and boards of education,; and all 26
(C) All other boards, bureaus, commissions, or 27
organizations in the State of Arkansas, except grand juries, supported wholly 28
or in part by public funds or expending public funds ; 29
(13)(A) “Public meeting” means the formal gathering together, in 30
a special or regular gathering, of a governing body, whether in person or 31
remotely. 32
(B) "Public meeting" does not include: 33
(i) The gathering together, whether in person or 34
remotely, of the members of a governing body to discuss the settlement of a 35
cause of action in a court -ordered alternative dispute resolution process, 36 As Engrossed: S2/20/25 S2/26/25 S3/3/25 S3/10/25 S3/12/25 H3/18/25 SB227
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including without limitation a settlement conference or mediation; and 1
(ii) A meeting of the Child Maltreatment 2
Investigations Oversight Committee under § 10 -3-3201 et seq.; 3
(7)(A)(14)(A) “Public records” means writings, recorded sounds, 4
films, tapes, electronic or computer -based information, or data compilations 5
in any medium required by law to be kept or otherwise kept and that 6
constitute a record of the performance or lack of performance of official 7
functions that are or should be carried out by a public official or employee, 8
a governmental agency, or any other agency or improvement district that is 9
wholly or partially supported by public funds or expending public funds. All 10
records maintained in public offices or by public employees within the scope 11
of their employment shall be presumed to be public records. 12
(B) “Public records” does not mean software acquired by 13
purchase, lease, or license; 14
(8)(15) “Public water system” means all facilities composing a 15
system for the collection, treatment, and delivery of drinking water to the 16
general public, including without limitation reservoirs, pipelines, 17
reclamation facilities, processing facilities, distribution facilities, and 18
regional water distribution districts under The Regional Water Distribution 19
District Act, § 14-116-101 et seq.; and 20
(16) "Remotely" means through electronic means, including 21
without limitation by telephone, video conference, or video broadcast; and 22
(9)(17) “Vulnerability assessment” means an assessment of the 23
vulnerability of a public water system to a terrorist attack or other 24
intentional acts intended to substantially disrupt the ability of the public 25
water system to provide a safe and reliable supply of drinking water as 26
required by the Public Health Security and Bioterrorism Preparedness and 27
Response Act of 2002, Pub. L. No. 107 -188. 28
29
SECTION 2. Arkansas Code § 25 -19-106 is amended to read as follows: 30
25-19-106. Open public Public meetings — Requirements, exceptions, and 31
penalties. 32
(a) Except as otherwise specifically provided by law, all meetings, 33
formal or informal, special or regular, of the governing bodies of all 34
municipalities, counties, townships, and school districts and all boards, 35
bureaus, commissions, or organizations of the State of Arkansas, except grand 36 As Engrossed: S2/20/25 S2/26/25 S3/3/25 S3/10/25 S3/12/25 H3/18/25 SB227
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juries, supported wholly or in part by public funds or expending public 1
funds, shall be public meetings. To lawfully hold a public meeting, a 2
governing body shall ensure that: 3
(1) Prior notice of the public meeting has been provided as 4
required under subsection (b) of this section; 5
(2) Any executive session held within a public meeting is 6
conducted as required under subsection (c) of this section; 7
(3) The public meeting is recorded as provided under subsection 8
(d) of this section; 9
(4) The public is permitted reasonable access to the public 10
meeting, and members of the governing body attend the public meeting in the 11
appropriate manner, as provided under subsection (e) of this section; and 12
(5) The public meeting is conducted in a manner that allows the 13
public to attend and hear all of the governing body's meaningful discussion 14
and deliberation, if any, on official business as provided under subsections 15
(f) and (g) of this section. 16
(b)(1)(A) The time and place of each regular public meeting shall be 17
furnished to anyone who requests the information. 18
(B) Unless another notification timeline for the public 19
meeting of a governing body is specified by law, the notification required 20
under subdivision (b)(1)(A) of this section shall be made at least three (3) 21
days before the public meeting takes place in order that the public may have 22
representatives at the public meeting. 23
(2)(A) In the event of an emergency or special meetings public 24
meeting, the person calling the public meeting shall notify the 25
representatives of the newspapers, radio stations, and television stations, 26
if any, located in the county in which the public meeting is to be held and 27
any news media located elsewhere that cover regular public meetings of the 28
governing body and that have requested to be so notified of emergency or 29
special public meetings of the time, place, and date of the public meeting. 30
(B) Notification The notification required under 31
subdivision (b)(2)(A) of this section shall be made at least two (2) hours 32
before the public meeting takes place in order that the public shall may have 33
representatives at the public meeting. 34
(3) In addition to the requirements under subdivisions (b)(1) 35
and (2) of this section: 36 As Engrossed: S2/20/25 S2/26/25 S3/3/25 S3/10/25 S3/12/25 H3/18/25 SB227
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(A) The time, place, and date of a public meeting shall be 1
published online if the governing body or the public entity it governs 2
maintains a website or social media page; and 3
(B)(i) The governing body shall furnish the most current 4
agenda for a public meeting upon request and shall publish the most current 5
agenda for a public meeting online if the governing body or the public entity 6
it governs maintains a website or social media page at least three (3) days 7
before a regular public meeting and at least two (2) hours before an 8
emergency or special public meeting. 9
(ii) The requirement of subdivision (b)(3)(B)(i) of 10
this section does not preclude a governing body from adding items to an 11
agenda after the agenda has been furnished or posted under subdivision 12
(b)(3)(B)(i) of this section. 13
(c)(1)(A) Except as provided under subdivision (c)(6) of this section, 14
an An executive session will shall be permitted only for the purpose of : 15
(A)(i) considering Considering the employment, 16
appointment, promotion, demotion, disciplining, or resignation of any public 17
officer or employee. 18
(B)(ii) The specific purpose of the executive 19
session shall be announced in public before Before going into an executive 20
session called under subdivision (c)(1)(A)(i) of this section, a governing 21
body shall state publicly which specific purpose listed in subdivision 22
(c)(1)(A)(i) of this section is the basis for the executive session . 23
(2)(A)(iii) Only the person holding the top 24
administrative position in the public agency, department, or office involved, 25
the immediate supervisor of the employee involved, and the employee may be 26
present at the executive session when so requested by the governing body , 27
board, commission, or other public body holding the executive session. 28
(B)(iv) Any person being interviewed for the top 29
administrative position in the public agency, department, or office involved 30
may be present at the executive session when so requested by the governing 31
board, commission, or other public body holding the executive session .; 32
(B) Discussing how a governing body will respond to an 33
attack on or other breach of the cybersecurity of the public entity governed 34
by the governing body; 35
(C)(i) A board or commission of the state preparing 36 As Engrossed: S2/20/25 S2/26/25 S3/3/25 S3/10/25 S3/12/25 H3/18/25 SB227
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examination materials and answers to examination materials that are 1
administered to applicants for licensure from a state agency. 2
(ii) Boards and commissions are excluded from this 3
chapter for the administering of examinations to applicants for licensure; 4
and 5
(D) A governing body considering, evaluating, or discussing 6
matters pertaining to a public water system's security or municipally owned 7
utility system's security as described in § 25 -19-105(b)(17). 8
(3)(2) Executive sessions must never shall not be called for the 9
purpose of defeating the reason or the spirit of this chapter. 10
(4) No resolution, ordinance, rule, contract, regulation, or 11
motion considered or arrived at in executive session will be legal unless, 12
following the executive session, the public body reconvenes in public session 13
and presents and votes on the resolution, ordinance, rule, contract, 14
regulation, or motion. 15
(5)(A) Boards and commissions of this state may meet in 16
executive session for purposes of preparing examination materials and answers 17
to examination materials that are administered to applicants for licensure 18
from state agencies. 19
(B) Boards and commissions are excluded from this chapter 20
for the administering of examinations to applicants for licensure. 21
(6) Subject to the provisions of subdivision (c)(4) of this 22
section, a public agency may meet in executive session for the purpose of 23
considering, evaluating, or discussing matters pertaining to public water 24
system security or municipally owned utility system security as described in 25
§ 25-19-105(b)(17). 26
(7) An executive session held by the Child Maltreatment 27
Investigations Oversight Committee under § 10 -3-3201 et seq. is exempt from 28
this section. 29
(d)(1) All officially scheduled, special, and called open public 30
meetings Except as provided under subdivision (d)(5) of this section, a 31
public meeting shall be recorded in a manner that allows for the capture of 32
sound, including without limitation: 33
(A) A sound-only recording; 34
(B) A video recording with sound and picture; or 35
(C) A digital or analog broadcast capable of being 36 As Engrossed: S2/20/25 S2/26/25 S3/3/25 S3/10/25 S3/12/25 H3/18/25 SB227
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recorded. 1
(2) If a member of a governing body attends a public meeting 2
remotely, the remote portion of the public meeting that is recorded under 3
subdivision (d)(1) of this section shall be recorded in the format in which 4
it is conducted. 5
(3) A recording of an open a public meeting under subdivision 6
(d)(1) or subdivision (d)(2) of this section shall be maintained by a public 7
entity for a minimum of one (1) year from the date of the open public 8
meeting. 9
(3)(4) The recording shall be maintained in a format that may be 10
reproduced upon a request under this chapter. 11
(4)(5) Subdivisions Subdivision (d)(1) and (2) of this section 12
do does not apply to: 13
(A) Executive sessions; or 14
(B) Volunteer fire departments. 15
(5) Cities of the second class and incorporated towns are exempt 16
from subdivisions (d)(1) and (2) of this section until July 1, 2020. 17
(e)(1) A governing body shall ensure that Arkansas residents have 18
reasonable access to attend a public meeting, including through remote means, 19
if such remote means are utilized by the governing body. 20
(2) If the Governor declares a disaster emergency under the 21
Arkansas Emergency Services Act of 1973, § 12 -75-101 et seq., a public entity 22
may assemble, gather, meet, and conduct an open public meeting through 23
electronic means, including without limitation by: 24
(A) Telephone; 25
(B) Video conference; or 26
(C) Video broadcast. Except as provided under subdivisions 27
(e)(3)-(5) of this section, a member of a governing body shall be physically 28
present at a public meeting to be counted for purposes of establishing a 29
quorum or to vote. 30
(2)(3) If an open public meeting is held under subdivision 31
(e)(1) of this section: Other than governing bodies of municipalities, 32
counties, or public school districts, a governing body may adopt a policy 33
permitting members of the governing body to attend a public meeting remotely. 34
(A) The public may attend the open public meeting using 35
electronic means; and 36 As Engrossed: S2/20/25 S2/26/25 S3/3/25 S3/10/25 S3/12/25 H3/18/25 SB227
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(B) Notice of the method the public may attend the open 1
public meeting shall be published with the notice of the open public meeting. 2
(4) The ability of the governing body of a public school 3
district to conduct a public meeting remotely shall be governed by § 6 -13-4
619. 5
(3)(5) Physical presence of the public or of an individual 6
member of the public entity at the open public meeting is not required under 7
this subsection. If the Governor declares a disaster emergency under the 8
Arkansas Emergency Services Act of 1973, § 12 -75-101 et seq., a governing 9
body may conduct a public meeting remotely. 10
(4)(6) The open public meeting shall be recorded in the format 11
in which it is conducted, including without limitation: 12
(A) A sound-only recording; 13
(B) A video recording with sound and picture; or 14
(C) A digital or analog broadcast capable of being 15
recorded. For a member of a governing body who attends a meeting remotely to 16
be counted for a quorum or to vote, the method used to permit the member of 17
the governing body to attend remotely shall: 18
(A) Provide a method for the governing body to verify the 19
identity of the member of the governing body attending remotely; 20
(B) Allow other members of the governing body and members 21
of the public, whether physically present at the public meeting or attending 22
the public meeting remotely, at all times to: 23
(i) Hear the member of the governing body attending 24
remotely; 25
(ii) Observe or otherwise understand a vote of a 26
member of the governing body attending remotely; and 27
(iii) Know the identity of the member of the 28
governing body attending remotely when that member is speaking or voting; and 29
(C) Allow a member of the governing body attending 30
remotely to hear the other members of the governing body and any public 31
comment. 32
(5)(7) A public entity shall maintain the records of an open 33
public meeting held under this subsection for a minimum of one (1) year from 34
the date of the open public meeting. A member of a governing body who attends 35
a public meeting remotely shall not receive mileage or per diem for attending 36 As Engrossed: S2/20/25 S2/26/25 S3/3/25 S3/10/25 S3/12/25 H3/18/25 SB227
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the public meeting. 1
(8) If one (1) or more members of a governing body attends a 2
public meeting remotely: 3
(A) The governing body shall enable members of the public 4
to attend the public meeting by the same means that the members of the 5
governing body attending the public meeting remotely are attending the public 6
meeting; and 7
(B) Notice of the method the public may attend the public 8
meeting shall be published with the notice of the public meeting. 9
(f) A member of a governing body shall not participate in a 10
communication, whether oral, written, electronic, or otherwise, that: 11
(1)(A) He or she knows or reasonably should know is a poll. 12
(B)(i) It is not a violation of subdivision (f)(1)(A) of 13
this section if a secretary or administrative assistant of a governing body 14
communicates in writing with one (1) or more members of the governing body 15
for the purpose of conducting a ministerial act, including without limitation 16
scheduling a public meeting of the governing body or setting the agenda for a 17
public meeting of the governing body. 18
(ii) It is a violation of subdivision (f)(1)(A) of this 19
section if a secretary or administrative assistant of a governing body 20
communicates with one (1) or more members of the governing body to schedule a 21
public meeting of the governing body or set the agenda for a public meeting 22
of the governing body and the communication functionally conducts substantive 23
business of the governing body concerning any matter on which official action 24
would foreseeably be taken by the governing body. 25
(C)(i) It is not a violation of subdivision (f)(1)(A) of 26
this section if an employee or an agent of a public entity communicates 27
background and nondecisional information to one (1) or more members of the 28
governing body of the public entity. 29
(ii) Except as provided in subdivision (f)(1)(B)(i) 30
of this section, it is a violation of subdivision (f)(1)(A) of this section 31
if an employee or agent of a public entity communicates to a member of the 32
governing body of the public entity: 33
(a) How another member of the governing body 34
intends to vote; or 35
(b) Whether another member of the governing 36 As Engrossed: S2/20/25 S2/26/25 S3/3/25 S3/10/25 S3/12/25 H3/18/25 SB227
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body supports or opposes a certain proposed action by the governing body; or 1
(2)(A) Occurs outside of a public meeting with another member of 2
the governing body about a matter on which official action will foreseeably 3
be taken by the governing body. 4
(B) It is not a violation of subdivision (f)(2)(A) of this 5
section if a member of a governing body communicates background and 6
nondecisional information to one (1) or more members of the same governing 7
body. 8
(C) It is a violation of subdivision (f)(2)(A) of this 9
section if a member of a governing body engages in any communication with one 10
(1) or more members of the same governing body that constitutes deliberation, 11
as deliberation may only occur at a public meeting of the governing body. 12
(g) An informal meeting that includes deliberation or that is for the 13
purpose of exercising a responsibility, authority, power, or duty of a 14
governing body is strictly prohibited. 15
(h) Two (2) or more employees or agents of a public entity may 16
communicate for the purpose of exercising an authorized responsibility, 17
authority, power, or duty of an employee or agent of the public entity 18
outside of a public meeting. 19
(i)(1) If a circuit court finds under § 25 -19-107 that a governing 20
body is in violation of this section, the circuit court may invalidate any 21
action the governing body took at the unlawful public meeting. 22
(2) If a circuit court finds under § 25 -19-107 that a member of 23
a governing body engaged in a communication prohibited under subsection (f) 24
of this section or in an informal meeting prohibited under subsection (g) of 25
this section, the circuit court may invalidate any action the governing body 26
took that is the direct or indirect result of the prohibited communication or 27
informal meeting. 28
(3) An action taken in an executive session is void unless the 29
governing body conducts a public vote on the matter discussed in the 30
executive session at the conclusion of the executive session. 31
32
/s/C. Tucker 33
34
APPROVED: 4/10/25 35
36