Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 572 of the Regular Session
 1   State of Arkansas              As Engrossed:       S2/1/21 S3/15/21
 2   93rd General Assembly                        A Bill
 3   Regular Session, 2021                                                             SENATE BILL 196
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 5   By: Senators D. Sullivan, C. Tucker
 6   By: Representative Milligan
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 8                                     For An Act To Be Entitled
 9                   AN ACT TO AMEND THE FREEDOM OF INFORMATION ACT OF
10                   1967; TO AMEND THE AWARDING OF ATTORNEYS FEES UNDER
11                   THE FREEDOM OF INFORMATION ACT OF 1967; AND FOR OTHER
12                   PURPOSES.
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15                                                 Subtitle
16                           TO AMEND THE FREEDOM OF INFORMATION ACT
17                           OF 1967; AND TO AMEND THE AWARDING OF
18                           ATTORNEYS FEES UNDER THE FREEDOM OF
19                           INFORMATION ACT OF 1967.
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22   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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24          SECTION 1.       DO NOT CODIFY.       This act shall not be construed to have any
25   effect either way on a claim filed before the effective date of this act.
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27          SECTION 2.       Arkansas Code  25-19-107(d)(1), concerning the right to
28   appeal a denial of rights under the Freedom of Information Act of 1967 and
29   the awarding of attorney's fees, is amended to read as follows:
30          (d)(1)       In any action to enforce the rights granted by this chapter, or
31   in any appeal therefrom, the court shall assess against the defendant
32   reasonable attorney's fees and other litigation expenses reasonably incurred
33   by a plaintiff who has substantially prevailed, after filing suit, has
34   obtained from the defendant a significant or material portion of the public
35   information he or she requested, unless the court finds that the position of
36   the defendant was substantially justified.
     *MLD046*                                                                    03-15-2021 13:33:38 MLD046
     As Engrossed:   S2/1/21 S3/15/21                                         SB196
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 6                                  APPROVED: 4/6/21
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                                           2             03-15-2021 13:33:38 MLD046
Statutes affected: 
Old version SB196 Original - 1-25-2021 04:02 PM: 25-19-107(d)
Old version SB196 V2 - 2-1-2021 09:33 AM: 25-19-107(d)
Old version SB196 V3 - 3-15-2021 01:33 PM: 25-19-107(d)
SB 196: 25-19-107(d)
Act 572: 25-19-107(d)
Old version of SB 196 - 02-01-21: 25-19-107(d)
Old version of SB 196 - 01-25-21: 25-19-107(d)