SB9
To Amend The Freedom Of Information Act Of 1967; And To Declare An Emergency.
Last Action (Sept. 14, 2023): Died in Senate Committee at Sine Die adjournment.
Sponsors
AI-Generated Summary
Senate Bill 9 amends the Arkansas Freedom of Information Act (FOIA) to create several new exemptions for public record disclosure. Key exemptions include records related to security services provided to the Governor and other state constitutional officers, communications between the Governor and cabinet-level secretaries, and legal records prepared for pending or anticipated litigation. The bill also establishes a process for the Arkansas State Police to report quarterly expenses to the Legislative Council while maintaining security confidentiality. It changes the criteria for awarding attorney's fees in FOIA litigation, requiring proof that the defendant acted in an arbitrary or bad-faith manner to be eligible for such awards. Additionally, the bill prohibits courts from assessing attorney's fees against the State or state officials in their official capacity, directing such claims to the Arkansas State Claims Commission instead. These provisions are given retroactive application in certain instances and include an emergency clause for immediate effect.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this bill are the Governor, cabinet-level secretaries, and other state constitutional officers, as the legislation provides them with greater privacy for their internal communications and security arrangements. State agencies and government officials also benefit from the restricted disclosure requirements and the altered rules regarding attorney's fees, which reduce the potential for financial penalties and litigation costs when FOIA requests are denied.
Who Might Suffer?
The primary groups negatively impacted are the public, journalists, and open-government advocates who rely on the Freedom of Information Act to conduct government oversight. By creating broader exemptions and increasing the difficulty of recovering attorney's fees if a requester successfully challenges a record denial, the bill may deter legal action against state entities and limit the public's ability to access information regarding government operations, decision-making processes, and potential government misconduct.
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