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AR HB1622

Bill

Status

Introduced

2/21/2017

Primary Sponsor

J.P. Johnson

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Origin

House of Representatives

91st General Assembly (2017 Regular)

AI Summary

  • Amends Arkansas Code § 25-19-105(e) to allow government entities up to 15 additional business days to comply with public records requests deemed "unduly burdensome" beyond the standard 3-day requirement.

  • Defines "unduly burdensome" as production within 3 days that would substantially and unreasonably divert government resources from other duties, with 10 specific factors for courts to consider in making this determination.

  • Creates an affirmative defense for custodians unable to comply within 15 business days, placing burden of proof on the custodian to demonstrate the claim.

  • Requires government entities to notify requestors in writing of any delay, its cause, and expected compliance date before the original deadline expires.

  • Declares an emergency effective date to immediately protect custodians and government entities from criminal and civil liability for good faith but untimely compliance efforts.

Legislative Description

To Create A Procedure For Addressing Burdensome Requests For Disclosure; To Amend The Freedom Of Information Act Of 1967; To Create An Affirmative Defense; And To Declare An Emergency.

Last Action

Died in the House at Sine Die

5/1/2017

Committee Referrals

State Agencies and Governmental Affairs2/21/2017

Full Bill Text

No bill text available