The bill amends the Freedom of Information Act of 1967 to introduce several exemptions for certain records from disclosure. These exemptions include security-related records, communications between the Governor and cabinet-level department secretaries, and records prepared by attorneys for pending or anticipated litigation. Additionally, the bill mandates that the Division of Arkansas State Police provide quarterly reports to the Legislative Council detailing expenses related to the Executive Protection Detail for the Governor. It also clarifies the conditions under which attorney's fees may be awarded in cases involving the Freedom of Information Act, emphasizing that fees can only be assessed against defendants if the plaintiff substantially prevails and the defendant's position is found to be arbitrary or in bad faith.

Furthermore, the bill retroactively applies certain provisions to June 1, 2022, and includes an emergency clause, highlighting the importance of protecting the safety and security of state constitutional officers. The intent is to ensure that sensitive information regarding the security of these officials remains confidential to safeguard public peace and safety. The bill aims to facilitate effective communication between the Governor and his staff while maintaining the integrity of security-related information.

Statutes affected:
SB 9: 12-8-108(c), 12-8-108, 25-19-105(b), 25-19-107(d)