Arkansas House backs open-records law task force

Second measure, to extend response time for information requests, fails in vote

A bill to create a task force to review measures affecting the state's open information law passed in the House on Monday, while a measure to give extra time for complicated requests failed.

House Bill 2132 by Rep. Laurie Rushing, R-Hot Springs, would create the Arkansas Freedom of Information Task Force. It passed in a 58-11 vote.

The task force would consist of members appointed by the governor, legislative leaders, Arkansas Press Association, Arkansas Freedom of Information Coalition, Arkansas professional chapter of the Society of Professional Journalists, Arkansas Broadcasters Association, Association of Arkansas Counties and Arkansas Municipal League.

The body would review, evaluate and approve proposed amendments to the 1967 Freedom of Information Act preceding legislation sessions.

"Transparency is important," Rushing said. "It's something that is needed in government."

The bill would not prevent lawmakers from sponsoring bills without the task force's approval.

The legislation comes after lawmakers have proposed more than 10 bills in this regular session to restrict the public's ability to receive information from the government.

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For example, one bill, now a law, provides broad exemptions for police officers and security personnel at schools. The public no longer has a right to know who those people are, if they have a security plan or other information related to school safety.

In other action, House Bill 1622 by Rep. Bob Johnson, D-Jacksonville, failed to pass.

That bill would give public bodies up to 15 business days to comply with "unduly burdensome" requests under the Freedom of Information Act.

Current law allows for three days, though several Arkansas attorney general opinions dating to at least 1994 have said the government may have a "reasonable" amount of time to comply with the law.

Johnson said he had worked with the Press Association to narrow the bill. He said he planned to amend the bill on the Senate end to deal with a concern from the Department of Finance and Administration.

Joel DiPippa, legal counsel for the Department of Finance and Administration, said in an email that the department requested a change so a records requester could waive the 15-day timeline.

He said the department frequently receives complex requests dealing with thousands of records.

Rep. Clarke Tucker, D-Little Rock, who spoke against the bill, said it was a matter of prioritizing open government.

"If there's any dispute out there about whether something is unduly burdensome or not in terms of a FOIA response, we're basically moving the timeline -- with this legislation -- from three days to 15 days," he said.

A Section on 03/28/2017

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