Stricken language would be deleted from and underlined language would be added to present law.
Act 7 of the First Extraordinary Session
1 State of Arkansas Call Item 4
2 94th General Assembly A Bill
3 First Extraordinary Session, 2023 SENATE BILL 10
4
5 By: Senators Hester, J. Boyd, J. Bryant, Caldwell, Crowell, B. Davis, Dees, J. Dismang, J. Dotson, J.
6 English, Flippo, Gilmore, K. Hammer, Hickey, Hill, Irvin, B. Johnson, M. McKee, C. Penzo, J. Petty,
7 Rice, Stone, G. Stubblefield, D. Sullivan, D. Wallace
8 By: Representative Ray
9
10 For An Act To Be Entitled
11 AN ACT TO AMEND THE FREEDOM OF INFORMATION ACT OF
12 1967; TO MAKE CERTAIN SECURITY-RELATED RECORDS EXEMPT
13 FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT
14 OF 1967; TO REQUIRE THAT THE DIVISION OF ARKANSAS
15 STATE POLICE PROVIDE TO THE LEGISLATIVE COUNCIL
16 QUARTERLY REPORTS IDENTIFYING CERTAIN EXPENSES
17 DESIGNATED BY MONTH AND BUDGET CATEGORY; TO DECLARE
18 AN EMERGENCY; AND FOR OTHER PURPOSES.
19
20
21 Subtitle
22 TO AMEND THE FREEDOM OF INFORMATION ACT
23 OF 1967; AND TO DECLARE AN EMERGENCY.
24
25
26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
27
28 SECTION 1. Arkansas Code § 12-8-108(c), concerning information related
29 to the security of the Governor's Mansion and mansion grounds that is not
30 subject to disclosure under the Freedom of Information Act of 1967, is
31 amended to read as follows:
32 (c) Data, records, communications, surveillance footage, security
33 procedures, emergency plans, and other information compiled or possessed by
34 the division concerning the Governor's Mansion and mansion grounds duties
35 performed by the division as required under subsection (a) of this section
36 are confidential and not subject to disclosure under the Freedom of
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1 Information Act of 1967, § 25-19-101 et seq.
2
3 SECTION 2. Arkansas Code § 12-8-108, concerning the security of the
4 Governor, Governor's Mansion, and State Capitol building and grounds provided
5 by the Division of Arkansas State Police, is amended to add an additional
6 subsection to read as follows:
7 (d)(1) Except as provided under subdivision (d)(2) of this section,
8 the division shall submit to the Legislative Council, or to the Joint Budget
9 Committee if the General Assembly is in session, a report on a quarterly
10 basis that identifies by month and budget category the expenses incurred by
11 the Executive Protection Detail for services provided to the Governor.
12 (2) However, the division shall not include information in the
13 quarterly report required under subdivision (d)(1) of this section if it
14 violates subsection (a) of this section.
15
16 SECTION 3. Arkansas Code § 25-19-105(b), concerning specific
17 exemptions to the requirements under the Freedom of Information Act of 1967,
18 is amended to add an additional subdivision to read as follows:
19 (28) Records that reflect the planning or provision of security
20 services provided to the:
21 (A) Governor; or
22 (B) Lieutenant Governor, Attorney General, Secretary of
23 State, Auditor of State, Treasurer of State, Commissioner of State Lands,
24 members of the General Assembly, Justices of the Supreme Court, or Judges of
25 the Court of Appeals.
26
27 SECTION 4. RETROACTIVITY.
28 (a) Section 1 of this act is retroactive to June 1, 2022.
29 (b) Arkansas Code § 25-19-105(b)(28)(A), created in Section 3 of this
30 act, is retroactive to June 1, 2022.
31
32 SECTION 5. DO NOT CODIFY.
33 This act does not limit the ability of Arkansas Legislative Audit to
34 report information it obtains to the Arkansas General Assembly.
35
36 SECTION 6. EMERGENCY CLAUSE. It is found and determined by the
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 SB10
1 General Assembly of the State of Arkansas that the safety and security of the
2 Governor and other state constitutional officers is of paramount importance
3 to the peace, health, and safety of individuals in the State of Arkansas;
4 that recent threats to certain state constitutional officers and their
5 families illustrate the need for enhanced protection of records pertaining to
6 the security of certain state constitutional officers and their families in
7 order to protect the public peace, health, and safety; that in order to
8 ensure the continuity of state operations and preserve the secure nature of
9 services provided to the Governor and other state constitutional officers,
10 certain records concerning the safety and protection of the Governor and
11 other state constitutional officers must be confidential; that this act is
12 immediately necessary because making public certain records regarding the
13 safety and security of the Governor and other state constitutional officers
14 would place the lives and security of the Governor and other state
15 constitutional officers at a greater risk, thereby risking the peace, health,
16 and safety afforded to Arkansans. Therefore, an emergency is declared to
17 exist, and this act being immediately necessary for the preservation of the
18 public peace, health, and safety shall become effective on:
19 (1) The date of its approval by the Governor;
20 (2) If the bill is neither approved nor vetoed by the Governor,
21 the expiration of the period of time during which the Governor may veto the
22 bill; or
23 (3) If the bill is vetoed by the Governor and the veto is
24 overridden, the date the last house overrides the veto.
25
26
27 APPROVED: 9/14/23
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Statutes affected:
SB 10: 12-8-108(c), 12-8-108, 25-19-105(b)
Act 7: 12-8-108(c), 12-8-108, 25-19-105(b)
Act 11: 12-8-108(c), 25-19-101, 12-8-108