Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas                                                                        Call Item 4
 94th General Assembly                        A Bill
 First Extraordinary Session, 2023                                                 HOUSE BILL 1012
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 By: Representative Ray
 By: Senator Hester
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                                     For An Act To Be Entitled
                 AN ACT TO AMEND THE FREEDOM OF INFORMATION ACT OF
                 1967; TO MAKE CERTAIN SECURITY-RELATED RECORDS EXEMPT
                 FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT
                 OF 1967; TO REQUIRE THAT THE DIVISION OF ARKANSAS
                 STATE POLICE PROVIDE TO THE LEGISLATIVE COUNCIL
                 QUARTERLY REPORTS IDENTIFYING CERTAIN EXPENSES
                 DESIGNATED BY MONTH AND BUDGET CATEGORY; TO DECLARE
                 AN EMERGENCY; AND FOR OTHER PURPOSES.
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                                               Subtitle
                         TO AMEND THE FREEDOM OF INFORMATION ACT
                         OF 1967; AND TO DECLARE AN EMERGENCY.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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         SECTION 1.       Arkansas Code § 12-8-108(c), concerning information related
 to the security of the Governor's Mansion and mansion grounds that is not
 subject to disclosure under the Freedom of Information Act of 1967, is
 amended to read as follows:
         (c)   Data, records, communications, surveillance footage, security
 procedures, emergency plans, and other information compiled or possessed by
 the division concerning the Governor's Mansion and mansion grounds duties
 performed by the division as required under subsection (a) of this section
 are confidential and not subject to disclosure under the Freedom of
 Information Act of 1967, § 25-19-101 et seq.
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                                                                                        HB1012
      SECTION 2.       Arkansas Code § 12-8-108, concerning the security of the
 Governor, Governor's Mansion, and State Capitol building and grounds provided
 by the Division of Arkansas State Police, is amended to add an additional
 subsection to read as follows:
      (d)(1)     Except as provided under subdivision (d)(2) of this section,
 the division shall submit to the Legislative Council, or to the Joint Budget
 Committee if the General Assembly is in session, a report on a quarterly
 basis that identifies by month and budget category the expenses incurred by
 the Executive Protection Detail for services provided to the Governor.
               (2)    However, the division shall not include information in the
 quarterly report required under subdivision (d)(1) of this section if it
 violates subsection (a) of this section.
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      SECTION 3.       Arkansas Code § 25-19-105(b), concerning specific
 exemptions to the requirements under the Freedom of Information Act of 1967,
 is amended to add an additional subdivision to read as follows:
               (28)   Records that reflect the planning or provision of security
 services provided to the:
                       (A)   Governor; or
                       (B)   Lieutenant Governor, Attorney General, Secretary of
 State, Auditor of State, Treasurer of State, Commissioner of State Lands,
 members of the General Assembly, Justices of the Supreme Court, or Judges of
 the Court of Appeals.
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      SECTION 4.       RETROACTIVITY.
      (a)   Section 1 of this act is retroactive to June 1, 2022.
      (b)   Arkansas Code § 25-19-105(b)(28)(A), created in Section 3 of this
 act, is retroactive to June 1, 2022.
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      SECTION 5.       DO NOT CODIFY.
      This act does not limit the ability of Arkansas Legislative Audit to
 report information it obtains to the General Assembly.
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      SECTION 6.       EMERGENCY CLAUSE.        It is found and determined by the
 General Assembly of the State of Arkansas that the safety and security of the
 Governor and other state constitutional officers is of paramount importance
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                                                                               HB1012
 to the peace, health, and safety of individuals in the State of Arkansas;
 that recent threats to certain state constitutional officers and their
 families illustrate the need for enhanced protection of records pertaining to
 the security of certain state constitutional officers and their families in
 order to protect the public peace, health, and safety; that in order to
 ensure the continuity of state operations and preserve the secure nature of
 services provided to the Governor and other state constitutional officers,
 certain records concerning the safety and protection of the Governor and
 other state constitutional officers must be confidential; that this act is
 immediately necessary because making public certain records regarding the
 safety and security of the Governor and other state constitutional officers
 would place the lives and security of the Governor and other state
 constitutional officers at a greater risk, thereby risking the peace, health,
 and safety afforded to Arkansans.   Therefore, an emergency is declared to
 exist, and this act being immediately necessary for the preservation of the
 public peace, health, and safety shall become effective on:
            (1)   The date of its approval by the Governor;
            (2)   If the bill is neither approved nor vetoed by the Governor,
 the expiration of the period of time during which the Governor may veto the
 bill; or
            (3)   If the bill is vetoed by the Governor and the veto is
 overridden, the date the last house overrides the veto.
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Statutes affected: 
HB 1012: 12-8-108(c), 25-19-101, 12-8-108