Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 SENATE BILL 182
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5 By: Senator D. Sullivan
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7 For An Act To Be Entitled
8 AN ACT TO AMEND THE LAW CONCERNING PUBLIC RECORDING
9 AND DELETION OF ELECTRONIC DATA; AND FOR OTHER
10 PURPOSES.
11
12
13 Subtitle
14 TO AMEND THE LAW CONCERNING PUBLIC
15 RECORDING AND DELETION OF ELECTRONIC
16 DATA.
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19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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21 SECTION 1. Arkansas Code § 21-1-106(d), concerning the exemption from
22 the law that requires a public official to allow a person or persons to film
23 or record certain events, is repealed.
24 (d) A publicly funded school or publicly funded institution of higher
25 education is exempt from this section may only prohibit video recording.
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27 SECTION 2. Arkansas Code § 21-1-106, concerning the public recording
28 and deletion of electronic data, is amended to add additional subsections to
29 read as follows:
30 (h) A person who recklessly violates this section is upon conviction
31 guilty of a Class A misdemeanor.
32 (i)(1) A person who believes his or her rights have been adversely
33 affected under this section may bring a civil action in circuit court to:
34 (A) Enjoin a violation of this section;
35 (B) Recover civil penalties from a public officer or
36 employee who lacks immunity; and
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 SB182
1 (C) Recover reasonable court costs and attorney's fees.
2 (2) In an action brought under this subsection, if the circuit
3 court finds that a violation occurred, the circuit court shall award:
4 (A) Injunctive relief;
5 (B) Court costs and attorney's fees; and
6 (C) Civil penalties against a public officer or employee
7 who lacks immunity in the amount of one thousand dollars ($1,000) per
8 violation.
9 (j)(1) Notwithstanding subsection (i) of this section, the circuit
10 court shall not assess penalties or reasonable attorney’s fees or other
11 litigation expenses reasonably incurred by a plaintiff against a public
12 officer or employee with immunity, the State of Arkansas, or a department,
13 agency, or institution of the state.
14 (2)(A) A plaintiff who substantially prevails in an action under
15 this section against a public officer or employee with immunity, the State of
16 Arkansas, or a department, agency, or institution of the state may file a
17 claim with the Arkansas State Claims Commission to recover reasonable
18 attorney’s fees and other litigation expenses reasonably incurred.
19 (B) A claim for reasonable attorney’s fees and litigation
20 expenses reasonably incurred in an action against a public officer or
21 employee with immunity, the State of Arkansas, or a department, agency, or
22 institution of the state shall be filed with the commission under § 19-10-201
23 et seq. within sixty (60) days of the final disposition of an action under
24 this section.
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Statutes affected:
SB 182: 21-1-106(d), 21-1-106