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 382
4
5 By: Senator A. Clark
6
7 For An Act To Be Entitled
8 AN ACT TO AMEND THE FREEDOM OF INFORMATION ACT OF
9 1967; TO DEFINE "MEETING" UNDER THE FREEDOM OF
10 INFORMATION ACT OF 1967; TO AMEND THE LAW RELATED TO
11 PUBLIC MEETINGS UNDER THE FREEDOM OF INFORMATION ACT
12 OF 1967; AND FOR OTHER PURPOSES.
13
14
15 Subtitle
16 TO DEFINE "MEETING" UNDER THE FREEDOM OF
17 INFORMATION ACT OF 1967; AND TO AMEND THE
18 LAW RELATED TO PUBLIC MEETINGS UNDER THE
19 FREEDOM OF INFORMATION ACT OF 1967.
20
21
22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
23
24 SECTION 1. Arkansas Code § 25-19-103, concerning the definitions used
25 under the Freedom of Information Act of 1967, is amended to add an additional
26 subdivision to read as follows:
27 (10)(A) “Meeting” means the convening of two (2) or more members
28 of a governing body of a public entity for which a quorom is required to make
29 a decision, discuss public business, or deliberate toward a decision on any
30 matter.
31 (B) "Meeting" does not include:
32 (i) The on-site inspection of a project or program;
33 or
34 (ii) A chance interaction of two (2) or more members
35 of a governing body of a public entity.
36
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 SB382
1 SECTION 2. Arkansas Code § 25-19-106(a), concerning open public
2 meetings under the Freedom of Information Act of 1967, is amended to read as
3 follows:
4 (a) Except as otherwise specifically provided by law, all meetings,
5 formal or informal, special or regular, of two (2) or more members of the
6 governing bodies governing body of the following entities are public
7 meetings:
8 (1) of all All municipalities, counties, townships, and school
9 districts, and other political subdivisions;
10 (2) and all All boards, bureaus, commissions, or organizations,
11 and other public entities of the State of Arkansas, except grand juries,;
12 (3) All other public entities supported wholly or in part by
13 public funds or expending public funds, shall be public meetings.; and
14 (4) All private entities that are:
15 (A) Supported wholly or in part by public funds or
16 expending public funds; and
17 (B) Engaged in activities or the provision of services
18 that:
19 (i) Would normally be provided by governmental
20 entities; or
21 (ii) Would be provided by governmental entities in
22 the absence of the private entity.
23
24 SECTION 3. Arkansas Code § 25-19-106, concerning open public meetings
25 under the Freedom of Information Act of 1967, is amended to add an additional
26 subsection to read as follows:
27 (f) Two (2) or more members of a governing body of a public entity
28 shall neither discuss, deliberate, nor decide public business of a governing
29 body of a public entity in circumvention of the spirit or express
30 requirements of this chapter during any chance interaction, informal
31 assemblage, or electronic communication.
32
33
34
35
36
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Statutes affected:
SB 382: 25-19-103, 25-19-106(a), 25-19-106