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 248 3
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By: Senators C. Tucker, B. Davis 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 PERSONNEL RECORDS; 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 PERSONNEL RECORDS. 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 -19-105(b)(12), concerning the personnel 23
records exemption from requests for disclosure under the Freedom of 24
Information Act of 1967, is amended to read as follows: 25
(12)(A) Personnel records to the extent that disclosure would 26
constitute a clearly unwarranted invasion of personal privacy; Any portion of 27
a record, the disclosure of which would constitute a clearly unwarranted 28
invasion of personal privacy, if the information contained within the public 29
record concerns: 30
(i) A private citizen, living or deceased; 31
(ii) A public official, agent, or employee and is 32
not related to the performance of his or her official duties; or 33
(iii) A personnel record of a public official, 34
agent, or employee. 35
(B) That portion of a record under subdivision (b)(12)(A) 36 SB248
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of this section that constitutes a clearly unwarranted invasion of personal 1
privacy shall not be disclosed if: 2
(i) The information contained within the record is 3
of a personal or intimate nature sufficient to give rise to a substantial 4
privacy interest; and 5
(ii) The substantial privacy interest outweighs the 6
public's interest in disclosure; 7
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SECTION 2. Arkansas Code § 25 -19-105(c)(2), concerning the personnel 9
records exemption from requests for disclosure under the Freedom of 10
Information Act of 1967, is amended to read as follows: 11
(2) Any personnel or evaluation records exempt from disclosure 12
under this chapter or other records exempt from disclosure under subdivision 13
(b)(12) of this section shall nonetheless be made available to the person 14
about whom the records are maintained or to that person's designated 15
representative. 16
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SECTION 3. Arkansas Code § 25 -19-105(c)(3)(B)(i), concerning the 18
personnel records exemption from requests for disclosure under the Freedom of 19
Information Act of 1967, is amended to read as follows: 20
(B)(i) If the subject of the records cannot be contacted in 21
person, or by telephone, or by electronic message with a confirmed receipt 22
within the twenty-four-hour period, the custodian shall send written notice 23
via overnight mail to the subject of the records at his or her last known 24
address. Either the custodian, requester, or the subject of the records may, 25
before the close of the Attorney General’s office the following business day, 26
seek an opinion from the Attorney General, who, within three (3) working days 27
of receipt of the request, shall issue an opinion stating whether the 28
decision is consistent with this chapter. 29
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