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Arkansas General Assembly· SB 248Died in Senate Committee at Sine Die adjournment.

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

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas                 A Bill
2 95th General Assembly

3 Regular Session, 2025                                           SENATE BILL 248

4

5 By: Senators C. Tucker, B. Davis

6 By: Representative Eubanks

7

8                                   For An Act To Be Entitled

9   AN ACT TO AMEND THE FREEDOM OF INFORMATION ACT OF

10  1967; TO AMEND THE PROVISIONS OF THE FREEDOM OF

11  INFORMATION ACT OF 1967 CONCERNING PERSONNEL RECORDS;

12  AND FOR OTHER PURPOSES.

13

14

15                                  Subtitle

16                       TO AMEND THE FREEDOM OF INFORMATION ACT

17                       OF 1967; AND TO AMEND THE PROVISIONS OF

18                       THE FREEDOM OF INFORMATION ACT OF 1967

19                       CONCERNING PERSONNEL RECORDS.

20

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

22

23  SECTION 1. Arkansas Code � 25-19-105(b)(12), concerning the personnel

24 records exemption from requests for disclosure under the Freedom of

25 Information Act of 1967, is amended to read as follows:

26  (12)(A) Personnel records to the extent that disclosure would

27 constitute a clearly unwarranted invasion of personal privacy; Any portion of

28 a record, the disclosure of which would constitute a clearly unwarranted

29 invasion of personal privacy, if the information contained within the public

30 record concerns:

31                            (i) A private citizen, living or deceased;

32                            (ii) A public official, agent, or employee and is

33 not related to the performance of his or her official duties; or

34                            (iii) A personnel record of a public official,

35 agent, or employee.

36                       (B) That portion of a record under subdivision (b)(12)(A)

    *LGL073*                                                   02/18/2025 7:55:42 AM LGL073
                                                                          SB248

1 of this section that constitutes a clearly unwarranted invasion of personal

2 privacy shall not be disclosed if:

3                        (i) The information contained within the record is

4 of a personal or intimate nature sufficient to give rise to a substantial

5 privacy interest; and

6                        (ii) The substantial privacy interest outweighs the

7 public's interest in disclosure;

8

9   SECTION 2. Arkansas Code � 25-19-105(c)(2), concerning the personnel

10 records exemption from requests for disclosure under the Freedom of

11 Information Act of 1967, is amended to read as follows:

12  (2) Any personnel or evaluation records exempt from disclosure

13 under this chapter or other records exempt from disclosure under subdivision

14 (b)(12) of this section shall nonetheless be made available to the person

15 about whom the records are maintained or to that person's designated

16 representative.

17

18  SECTION 3. Arkansas Code � 25-19-105(c)(3)(B)(i), concerning the

19 personnel records exemption from requests for disclosure under the Freedom of

20 Information Act of 1967, is amended to read as follows:

21                  (B)(i) If the subject of the records cannot be contacted in

22 person, or by telephone, or by electronic message with a confirmed receipt

23 within the twenty-four-hour period, the custodian shall send written notice

24 via overnight mail to the subject of the records at his or her last known

25 address. Either the custodian, requester, or the subject of the records may,

26 before the close of the Attorney General's office the following business day,

27 seek an opinion from the Attorney General, who, within three (3) working days

28 of receipt of the request, shall issue an opinion stating whether the

29 decision is consistent with this chapter.

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