Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 36 of the Regular Session
 1   State of Arkansas
 2   94th General Assembly                        A Bill
 3   Regular Session, 2023                                                             HOUSE BILL 1099
 4
 5   By: Representative A. Collins
 6   By: Senator J. Payton
 7
 8                                     For An Act To Be Entitled
 9                  AN ACT TO AMEND THE FREEDOM OF INFORMATION ACT OF
10                  1967; TO SPECIFY THE TIME WITHIN WHICH ONE MAY SEEK
11                  AN OPINION FROM THE ATTORNEY GENERAL ON WHETHER THE
12                  DECISION OF A PUBLIC-RECORDS CUSTODIAN REGARDING THE
13                  RELEASE OF CERTAIN PUBLIC RECORDS IS CONSISTENT WITH
14                  THE LAW; AND FOR OTHER PURPOSES.
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17                                                 Subtitle
18                           TO SPECIFY THE TIME WITHIN WHICH ONE MAY
19                           SEEK AN OPINION FROM THE ATTORNEY GENERAL
20                           ON WHETHER THE DECISION OF A PUBLIC-
21                           RECORDS CUSTODIAN REGARDING THE RELEASE
22                           OF CERTAIN PUBLIC RECORDS IS CONSISTENT
23                           WITH THE LAW.
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26   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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28          SECTION 1.       Arkansas Code § 25-19-105(c)(3)(B)(i), concerning the
29   ability to seek an opinion from the Attorney General on whether the decision
30   of a public-records custodian is consistent with the Freedom of Information
31   Act, is amended to read as follows:
32                                   (i)   If the subject of the records cannot be
33   contacted in person or by telephone within the twenty-four-hour period, the
34   custodian shall send written notice via overnight mail to the subject of the
35   records at his or her last known address. Either the custodian, requester, or
36   the subject of the records may, immediately before the close of the Office of
     *RWO037*                                                                 01/09/2023 4:04:59 PM RWO037
                                                                              HB1099
 1   the Attorney General the following business day, seek an opinion from the
 2   Attorney General, who, within three (3) working days of receipt of the
 3   request, shall issue an opinion stating whether the decision is consistent
 4   with this chapter.
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 7                                 APPROVED: 2/9/23
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Statutes affected: 
HB 1099: 25-19-105(c)
Act 36: 25-19-105(c)