An act TO AMEND THE FREEDOM OF INFORMATION ACT OF 10 1967, the official text

Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas           As Engrossed: H3/17/25
2 95th General Assembly
                                    A Bill

3 Regular Session, 2025                                           HOUSE BILL 1621

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5 By: Representative Wardlaw

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7

8                             For An Act To Be Entitled

9             AN ACT TO AMEND THE FREEDOM OF INFORMATION ACT OF

10            1967; TO EXEMPT PERSONAL INFORMATION OF ELECTED

11            CONSTITUTIONAL OFFICERS, JUDICIAL OFFICIALS, ELECTED

12            COUNTY OFFICIALS, ELECTED MUNICIPAL OFFICIALS, AND

13            THEIR IMMEDIATE FAMILY; AND FOR OTHER PURPOSES.

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15

16                                Subtitle

17                       TO AMEND THE FREEDOM OF INFORMATION ACT

18                       OF 1967; AND TO EXEMPT PERSONAL

19                       INFORMATION OF ELECTED CONSTITUTIONAL

20                       OFFICERS, JUDICIAL OFFICIALS, ELECTED

21                       COUNTY OFFICIALS, ELECTED MUNICIPAL

22                       OFFICIALS, AND THEIR IMMEDIATE FAMILY.

23

24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

25

26  SECTION 1. Arkansas Code Title 25, Chapter 19, is amended to add an

27 additional section to read as follows:

28  25-19-113. Personal information of elected constitutional officers,

29 judicial officials, elected county officials, and their immediate family.

30  (a) As used in this section:

31            (1) "Elected constitutional officer" means the Governor,

32 Lieutenant Governor, Attorney General, Secretary of State, Auditor of State,

33 Treasurer of State, Commissioner of State Lands, and a member of the General

34 Assembly;

35            (2) "Elected county official" means a county judge, a justice of

36 the peace, a sheriff, a circuit clerk, a county clerk, an assessor, a

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    As Engrossed: H3/17/25                                                  HB1621

1 coroner, a treasurer, a county surveyor, and a collector of taxes;

2           (3) "Elected municipal official" means a person elected to an

3 office in a city of the first class, a city of the second class, or an

4 incorporated town;

5           (4) "Governmental entity" means a public official or employee, a

6 governmental agency, or any other agency or improvement district that is

7 wholly or partially supported by public funds or expending public funds;

8           (5) "Immediate family member" means:

9           (A) A spouse, former spouse, domestic partner, child, or

10 parent of an elected constitutional officer, a judicial official, an elected

11 county official, or an elected municipal official;

12          (B) A person who has a child in common with an elected

13 constitutional officer, a judicial official, an elected county official, or

14 an elected municipal official;

15 or

16          (C) A familial relative of an elected constitutional

17 officer, a judicial official, an elected county official, or an elected

18 municipal official whose permanent address is the same as that of the elected

19 constitutional officer, the judicial official, the elected county official,

20 or the elected municipal official;

21          (6) "Judicial official" means:

22          (A) An individual who is currently serving or has formerly

23 served by election or appointment in the following positions:

24                          (i) Justice of the Supreme Court;

25                          (ii) Court of Appeals judge;

26                          (iii) Circuit court judge;

27                          (iv) District court judge; or

28                          (v) Administrative judge of a state agency;

29     (B) An Eighth Circuit Court of Appeals Judge, United States District

30 Court Judge, or United States Magistrate Judge in Arkansas;

31 or

32          (C) A prosecuting attorney.

33          (7) "Land records terminal" means any type of display, physical

34 or virtual, accessible by the public, for a fee or no charge, that allows

35 users to search and retrieve a real estate property database or geographic

36 record;

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    As Engrossed: H3/17/25                                                  HB1621

1   (8) "Land records website" means a public website that allows

2 users to search and retrieve information from a real estate property database

3 or to search and retrieve geographic records; and

4   (9) "Social media account" means an online electronic medium or

5 a live chat system that:

6   (A) Enables a user to interact with content generated by

7 other third-party users of the social media platform;

8   (B) Enables a user to create an account or profile

9 specific to the social media platform or to import a profile from another

10 social media platform; and

11  (C) Enables one (1) or more users to generate content that

12 can be viewed by another third-party user of the social media platform.

13  (b) A record that includes the following personal information of an

14 elected constitutional officer, a judicial official, an elected county

15 official, an elected municipal official, or an immediate family member shall

16 not be deemed a public record under this chapter:

17  (1) A home address, including without limitation primary and

18 secondary addresses;

19  (2) A home or personal mobile telephone number;

20  (3) A direct telephone number of a government-issued cell phone;

21  (4) A private extension telephone number for judicial chambers

22 or a governmental office;

23  (5) A personal email address;

24  (6) A Social Security number, driver's license number, or a

25 taxpayer identification number;

26  (7) Bank account information;

27  (8) Credit or debit card information;

28  (9) A home or other address displayed on property tax records,

29 including without limitation the address of a secondary residence or an

30 investment property where an elected constitutional officer, a judicial

31 official, an elected county official, an elected municipal official, or an

32 immediate family member resides;

33  (10) A license plate number or home address displayed on vehicle

34 registration information;

35  (11) Identifying information of a child of an elected

36 constitutional officer, a judicial official, an elected county official, or

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    As Engrossed: H3/17/25                                                  HB1621

1 an elected municipal official eighteen (18) years of age or younger or whose

2 permanent residence is the same residence as that of an elected official, an

3 elected county official, or an elected municipal official;

4             (12) A full date of birth;

5             (13) A photograph of a vehicle that legibly displays the license

6 plate;

7             (14) A photograph of a residence that legibly displays the

8 residence address;

9             (15) The name and address of a high school or day care facility

10 attended by an immediate family member of an elected constitutional officer,

11 a judicial official, an elected county official, or an elected municipal

12 official;

13            (16) The name and address of an employer of an immediate family

14 member of an elected constitutional officer, a judicial official, an elected

15 county official, or an elected municipal official;

16            (17) The name and address of a place of worship attended by an

17 elected constitutional officer, a judicial official, an elected county

18 official, an elected municipal official or an immediate family member of an

19 elected constitutional officer, a judicial official, an elected county

20 official, or an elected municipal official; or

21            (18) Voter registration information or the contents of any

22 application for an absentee voter ballot.

23        (c)(1) A governmental entity shall not post or display the personal

24 information under subsection (b) of this section of an elected constitutional

25 officer, a judicial official, an elected county official, an elected

26 municipal official or an immediate family member in a manner that is

27 available to the public:

28            (A) Free of charge or for a fee in written or electronic

29 form; or

30            (B) On a social media account, governmental entity

31 website, land records terminal, or land records website.

32            (2)(A) If a governmental entity posts or displays personal

33 information of an elected constitutional officer, a judicial official, an

34 elected county official, an elected municipal official, or an immediate

35 family member under subdivision (c)(1) of this section, the elected

36 constitutional officer, the judicial official, the elected county official,

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    As Engrossed: H3/17/25                                             HB1621

1 or the elected municipal official may send a written request to the

2 governmental entity to remove the personal information.

3   (B) Upon receiving a written request under subdivision

4 (c)(2)(A) of this section, the governmental entity shall remove the personal

5 information within three (3) days of the request.

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