Arkansas Freedom of Information Act
From Sunshine Review
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The Arkansas Freedom of Information Act was established in 1967 in Arkansas. It is a series of laws designed to guarantee that the public has access to public records of governmental bodies.
The Arkansas Open Meetings Law legislates the methods by which public meetings are conducted.
Statues 25-19-101 through 25-19-109 define these transparency laws.
[edit] Transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Arkansas #8 in the nation with an overall percentage of 58.40%. [1]
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Arkansas 72 points out of a possible 100, a letter grade of "C", and a ranking of 7 out of the 50 states.[2]
A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Arkansas's law as the 4th best in the country, giving it a letter grade of "B-".[3]
[edit] Public Records
The legislative intent of the Freedom of Information Act reads as follows: "It is vital in a democratic society that public business be performed in an open and public manner so that the electors shall be advised of the performance of public officials and of the decisions that are reached in public activity and in making public policy. Toward this end, this chapter is adopted, making it possible for them or their representatives to learn and to report fully the activities of their public officials."[4]
[edit] Proposed changes
- Main article: Proposed reforms in state sunshine laws, 2009
House Bill 1049 [5] is one of several bills proposed by Rep. Dan Greenberg that are designed to strengthen the Arkansas Freedom of Information Act. It provides for review of a FOIA denial by the Attorney Generals' Office.[5] It was referred to the State Agencies and Governmental Affairs Committee in the House in January of 2009 where it remains as of April 2009.[5]
- House Bill 1050 [6] requires new laws that create exemptions to FOIA must identify with specificity which records or meetings the law exempts. Rep. Greenberg said, “This is kind of a blinking red light, so that from now on when somebody tries to narrow the FOI, at least we’ll know”. [7] After failing to pass the House initially, Rep. Greenberg credits the further explanation he gave House members on the bill's passage on January 27, 2009. [8]
The Senate State Agencies and Governmental Affairs Committee endorsed HB 1050, and proceeded to the Senate for a vote. [9] HB 1050 passed the Senate 33-2, and is now waiting for approval by Gov. Mike Beebe, whose office has stated that he plans to sign it into law. [10]
- House Bill 1051 [11], would allow access to criminal records for certain individuals. It was defeated 56-33, and a request by the sponsor to return the bill to committee was refused. [12]
- House Bill 1052,[13] would prohibit retaliation against government employees that file FOIA requests. [7] It was passed in the House and Senate and is awaiting the Governor's approval.[13]
- House Bill 1053 [14], known as "The Open Checkbooks in Government Act", would create an online database of state expenditures. It was referred to the State Agencies and Governmental Affairs Committee in the House.[14]
- House Bill 1091 [15] seeks to broaden the reasons for which a school board may go into executive session. It was passed in the House and Senate and is awaiting the Governor's approval.[15]
- House Bill 1326 [16] [17], sponsored by Rep. Lindsley Smith (D-Fayetteville), is a revised version of a bill that failed to pass in 2007. HB 1326 would allow FOIA plaintiffs that file claims with the Arkansas State Claims Commission to recover attorney fees in successful cases.[18] HB1326 has been approved by a House committee and now heads to the House as a whole. [19] It was passed in the House and Senate and is with the Governor for his approval.[16]
- House Bill 1623 [20] seeks to prevent the disclosure of information regarding concealed weapon carry licenses. It passed the House Judiciary Committee and moved to the House, where 54 members signed on as co-sponsors. [21] HB1623 has passed the House 98-1. [22] It passed the Senate 34-0 and returned to the House for concurrence on an amendment. [23] It has since been sent to the Governor for approval.[20]
- House Bill 2091 [24] seeks to establish transparency in the bidding process for publicly funded buildings, infrastructure and facilities. It was introduced in March of 2009.[24]
- Senate Bill 55 [25] seeks to increase transparency related to the salary of administrators in state funded higher education institutions. It was pass in both houses and is awaiting the Governor's approval.[25]
- Senate Bill 251 [26] would prohibit the release of information about motor vehicle accidents for commercial purposes until 90 days after the accident. The Arkansas Sheriffs Association and the Association of Arkansas Counties oppose the measure, saying that it "attacks a part of the foundation" of the Arkansas Freedom of Information Act. [27]
- Senate Bill 943 [28] seeks to improve parents' access to public school data on achievement gaps and on public school plans to close achievement gaps. The bill was passed in the House and Senate and awaits the Governor's signature.[28]
[edit] Open Meetings
Public meetings are defined as: "all meetings, formal or informal, special or regular, of the governing bodies of all municipalities, counties, townships, and school districts and all boards, bureaus, commissions, or organizations of the State of Arkansas, except grand juries, supported wholly or in part by public funds or expending public funds, shall be public meetings."[29]
[edit] Who May Request Arkansas Records?
Only citizens of Arkansas may request public records, with the exception of incarcerated felons and the representatives of felons. All "public records shall be open to inspection and copying by any citizen of the State of Arkansas". [30]
For requester residency requirements in other states, see the list of who can make public record requests by state.
[edit] Relevant legal cases
- Collins v. State, 1940
- Republican Party of Arkansas v. State ex rel. Hall, 1966
- Ragland v. Yeargan, 1986
[edit] See also
[edit] External links
- Arkansas on WikiFOIA
- Arkansas Legislature code search for 25-19-101
- Open Government Guide to Arkansas
[edit] References
- ↑ Integrity Index available for download here
- ↑ Graded state responsiveness to FOI requests, 2007
- ↑ Freedom of Information in the USA, 2002
- ↑ Legislative intent 25-19-102
- ↑ 5.0 5.1 5.2 Text & Status of HB1049
- ↑ Text & Status of HB1050
- ↑ 7.0 7.1 Lawmakers get back to work, Arkansas News, January 21, 2009
- ↑ House approves bill to protect Freedom of Information Act, Arkansas News, January 27, 2009
- ↑ Senate panel advances bill on Ark. FOI law, Associated Press, January 29, 2009
- ↑ Ark. Senate approves FOI measure, Associated Press, February 16, 2009
- ↑ Text & Status of HB1051
- ↑ Keep the Sunshine Out?, The Arkansas Project, February 13, 2009
- ↑ 13.0 13.1 Text & Status of HB1052
- ↑ 14.0 14.1 Text& Status of HB1053
- ↑ 15.0 15.1 Text & Status of HB1091
- ↑ 16.0 16.1 Text & Statusof HB 1326
- ↑ Status of HB 1326
- ↑ Ark. lawmaker tries anew with FOI lawyer fees bill, Associated Press, February 2, 2009
- ↑ Panel endorses bill granting attorney’s fees for FOIA winner, Arkansas News Bureau, February 24, 2009
- ↑ 20.0 20.1 Text & Status of HB1623
- ↑ Panel advances bill to make concealed handgun permit information secret, Arkansas News, March 5, 2009
- ↑ House passes trauma system bill, Arkansas News, March 6, 2009
- ↑ Senate approves concealed carry bill, Arkansas News, April 6, 2009]
- ↑ 24.0 24.1 Text & Status of HB2091
- ↑ 25.0 25.1 Text & Status of SB 55
- ↑ Text & Status of SB251
- ↑ Proposal casts shadow across "Sunshine Law", Baxter Bulletin, February 24, 2009
- ↑ 28.0 28.1 Text & Status of SB 943
- ↑ Open public meetings 25-19-106
- ↑ Arkansas Code Annotated, search for 25-19-105
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