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AR HB1622
Bill
Status
2/21/2017
Primary Sponsor
J.P. Johnson
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AI Summary
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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.
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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.
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Creates an affirmative defense for custodians unable to comply within 15 business days, placing burden of proof on the custodian to demonstrate the claim.
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Requires government entities to notify requestors in writing of any delay, its cause, and expected compliance date before the original deadline expires.
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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