Amendment vs bill Amendment S5 vs Act 505

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Stricken language would be deleted from and underlined language would be added to present law.
ARKANSAS SENATE 95th General Assembly - Regular Session, 2025 Amendment Form ______________________________________________________________________ Subtitle of Senate Bill 227 TO AMEND THE FREEDOM OF INFORMATION ACT OF 1967;
Act 505 of the Regular Session State of ArkanAs Engrossed:
S2/20/25 S2/26/25 S3/3/25 S3/10/25 S3/12/25 H3/18/25 95th General Assembly A Bill Regular Session, 2025 SENATE BILL 227 6 By:
Senators C.
Tucker, B.
Davis, J.
Boyd, C.
Penzo, G.
Stubblefield, J.
Petty By:
Representatives Eubanks, A.
Collins, Gazaway, Gramlich, Hawk, L.
Johnson, M.
McElroy, J.
Richardson, Womack, Wooldridge For An Act To Be Entitled AN ACT TO AMEND THE FREEDOM OF INFORMATION ACT OF 1967;
TO AMEND THE PROVISIONS OF THE FREEDOM OF INFORMATION ACT OF 1967 CONCERNING PUBLIC MEETINGS;
AND FOR OTHER PURPOSES.
Subtitle TO AMEND THE FREEDOM OF INFORMATION ACT OF 1967;
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
______________________________________________________________________ Amendment No.
SECTION 1.
5 to Senate Bill 227 Amend Senate Bill 227 as engrossed S3/10/25 (version:
3/10/25 10:27:45 AM):
Delete everything after the enacting clause, and substitute the following:
"SECTION 1.
(3) "Cybersecurity" means the measures taken to achieve *LGL072* 03-18-2025 11:14:33 LGL072 As Engrossed:
(3) "Cybersecurity" means the measures taken to achieve protection against the criminal or unauthorized use of electronic data;
S2/20/25 S2/26/25 S3/3/25 S3/10/25 S3/12/25 H3/18/25 SB227 protection against the criminal or unauthorized use of electronic data;
or (B) Solicits, discloses, or inquires about the support or opposition of a member of the governing body concerning any matter on which official action will foreseeably be taken by the governing body;
or (B) Solicits, discloses, or inquires about the support or *.LGL143* LGL143 - 03-11-2025 05:18:47 Page 1 of 12 opposition of a member of the governing body concerning any matter on which official action will foreseeably be taken by the governing body;
03-18-2025 11:14:33 LGL072 As Engrossed:
(ii) Utility system managed or operated by a nonprofit corporation under § 14-199-701 et seq.;
S2/20/25 S2/26/25 S3/3/25 S3/10/25 S3/12/25 H3/18/25 SB227 (ii) Utility system managed or operated by a nonprofit corporation under § 14-199-701 et seq.;
(A) Between:
LGL143 - 03-11-2025 05:18Amendment No.
5 to Senate Bill 227 Page 2 of 12 (A) Between:
(i) The gathering together, whether in person or remotely, of the members of a governing body to discuss the settlement of a cause of action in a court-ordered alternative dispute resolution process, 03-18-2025 11:14:33 LGL072 As Engrossed:
(i) The gathering together, whether in person or remotely, of the members of a governing body to discuss the settlement of a cause of action in a court-ordered alternative dispute resolution process, including without limitation a settlement conference or mediation;
S2/20/25 S2/26/25 S3/3/25 S3/10/25 S3/12/25 H3/18/25 SB227 including without limitation a settlement conference or mediation;
(7)(A)(14)(A) “Public records” means writings, recorded sounds, films, tapes, electronic or computer-based information, or data compilations in any medium required by law to be kept or otherwise kept and that constitute a record of the performance or lack of performance of official functions that are or should be carried out by a public official or employee, a governmental agency, or any other agency or improvement district that is wholly or partially supported by public funds or expending public funds.
(7)(A)(14)(A) “Public records” means writings, recorded sounds, films, tapes, electronic or computer-based information, or data compilations in any medium required by law to be kept or otherwise kept and that constitute a record of the performance or lack of performance of official LGL143 - 03-11-2025 05:18Amendment No.
5 to Senate Bill 227 Page 3 of 12 functions that are or should be carried out by a public official or employee, a governmental agency, or any other agency or improvement district that is wholly or partially supported by public funds or expending public funds.
(a) Except as otherwise specifically provided by law, all meetings, formal or informal, special or regular, of the governing bodies of all municipalities, counties, townships, and school districts and all boards, bureaus, commissions, or organizations of the State of Arkansas, except grand 03-18-2025 11:14:33 LGL072 As Engrossed:
(a) Except as otherwise specifically provided by law, all meetings, formal or informal, special or regular, of the governing bodies of all municipalities, counties, townships, and school districts and all boards, bureaus, commissions, or organizations of the State of Arkansas, except grand juries, supported wholly or in part by public funds or expending public funds, shall be public meetings.
S2/20/25 S2/26/25 S3/3/25 S3/10/25 S3/12/25 H3/18/25 SB227 juries, supported wholly or in part by public funds or expending public funds, shall be public meetings.
(3) The public meeting is recorded as provided under subsection (d) of this section;
LGL143 - 03-11-2025 05:18Amendment No.
5 to Senate Bill 227 Page 4 of 12 (3) The public meeting is recorded as provided under subsection (d) of this section;
03-18-2025 11:14:33 LGL072 As Engrossed:
(A) The time, place, and date of a public meeting shall be published online if the governing body or the public entity it governs maintains a website or social media page;
S2/20/25 S2/26/25 S3/3/25 S3/10/25 S3/12/25 H3/18/25 SB227 (A) The time, place, and date of a public meeting shall be published online if the governing body or the public entity it governs maintains a website or social media page;
and (B)(i) The governing body shall furnish the most current agenda for a public meeting upon request and shall publish the most current agenda for a public meeting online if the governing body or the public entity it governs maintains a website or social media page at least three (3) days LGL143 - 03-11-2025 05:18Amendment No.
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and (B)(i) The governing body shall furnish the most current agenda for a public meeting upon request and shall publish the most current agenda for a public meeting online if the governing body or the public entity it governs maintains a website or social media page at least three (3) days before a regular public meeting and at least two (2) hours before an emergency or special public meeting.
5 to Senate Bill 227 Page 5 of 12 before a regular public meeting and at least two (2) hours before an emergency or special public meeting.
(C)(i) A board or commission of the state preparing 03-18-2025 11:14:33 LGL072 As Engrossed:
(C)(i) A board or commission of the state preparing examination materials and answers to examination materials that are administered to applicants for licensure from a state agency.
S2/20/25 S2/26/25 S3/3/25 S3/10/25 S3/12/25 H3/18/25 SB227 examination materials and answers to examination materials that are administered to applicants for licensure from a state agency.
and (D) A governing body considering, evaluating, or discussing matters pertaining to a public water system's security or municipally owned utility system's security as described in § 25-19-105(b)(17).
and (D) A governing body considering, evaluating, or discussing matters pertaining to a public water system's security or municipally owned LGL143 - 03-11-2025 05:18Amendment No.
5 to Senate Bill 227 Page 6 of 12 utility system's security as described in § 25-19-105(b)(17).
or (C) A digital or analog broadcast capable of being 03-18-2025 11:14:33 LGL072 As Engrossed:
or (C) A digital or analog broadcast capable of being recorded.
S2/20/25 S2/26/25 S3/3/25 S3/10/25 S3/12/25 H3/18/25 SB227 recorded.
(3) A recording of an open a public meeting under subdivision (d)(1) or subdivision (d)(2) of this section shall be maintained by a public entity for a minimum of one (1) year from the date of the open public meeting.
(3) A recording of an open a public meeting under subdivision (d)(1) or subdivision (d)(2) of this section shall be maintained by a public LGL143 - 03-11-2025 05:18Amendment No.
5 to Senate Bill 227 Page 7 of 12 entity for a minimum of one (1) year from the date of the open public meeting.
and 03-18-2025 11:14:33 LGL072 As Engrossed:
and (B) Notice of the method the public may attend the open public meeting shall be published with the notice of the open public meeting.
S2/20/25 S2/26/25 S3/3/25 S3/10/25 S3/12/25 H3/18/25 SB227 (B) Notice of the method the public may attend the open public meeting shall be published with the notice of the open public meeting.
(3)(5) Physical presence of the public or of an individual member of the public entity at the open public meeting is not required under this subsection.
(3)(5) Physical presence of the public or of an individual member of the public entity at the open public meeting is not required under LGL143 - 03-11-2025 05:18Amendment No.
5 to Senate Bill 227 Page 8 of 12 this subsection.
A member of a governing body who attends a public meeting remotely shall not receive mileage or per diem for attending 03-18-2025 11:14:33 LGL072 As Engrossed:
A member of a governing body who attends a public meeting remotely shall not receive mileage or per diem for attending the public meeting.
S2/20/25 S2/26/25 S3/3/25 S3/10/25 S3/12/25 H3/18/25 SB227 the public meeting.
and (B) Notice of the method the public may attend the public meeting shall be published with the notice of the public meeting.
and LGL143 - 03-11-2025 05:18Amendment No.
5 to Senate Bill 227 Page 9 of 12 (B) Notice of the method the public may attend the public meeting shall be published with the notice of the public meeting.
or (b) Whether another member of the governing 03-18-2025 11:14:33 LGL072 As Engrossed:
or (b) Whether another member of the governing body supports or opposes a certain proposed action by the governing body;
S2/20/25 S2/26/25 S3/3/25 S3/10/25 S3/12/25 H3/18/25 SB227 body supports or opposes a certain proposed action by the governing body;
(B) It is not a violation of subdivision (f)(2)(A) of this section if a member of a governing body communicates background and nondecisional information to one (1) or more members of the same governing body.
(B) It is not a violation of subdivision (f)(2)(A) of this section if a member of a governing body communicates background and nondecisional information to one (1) or more members of the same governing LGL143 - 03-11-2025 05:18Amendment No.
5 to Senate Bill 227 Page 10 of 12 body.
(3) An action taken in an executive session is void unless the governing body conducts a public vote on the matter discussed in the executive session at the conclusion of the executive session.
(3) An action taken in an executive session is void unless the governing body conducts a public vote on the matter discussed in the executive session at the conclusion of the executive session." LGL143 - 03-11-2025 05:18Amendment No.
/s/C.
5 to Senate Bill 227 Page 11 of 12 The Amendment was read the first time, rules suspended and read the second time and _______________________ By:
Tucker APPROVED:
Senator C.
4/10/25 11 03-18-2025 11:14:33 LGL072
Tucker LGL/LGL - 03-11-2025 05:18:47 _________________________ LGL143 Secretary LGL143 - 03-11-2025 05:18:47 Amendment No.
5 to Senate Bill 227 Page 12 of 12