Senate passes rewrite of FOIA definitions and meeting rules, 30-2-3

The Arkansas Senate on March 13 passed Senate Bill 2 27, a rewrite of parts of the state Freedom of Information Act that lawmakers said is intended to clarify what counts as a public meeting and what elected officials may discuss outside the public eye. Sponsor Senator Tucker said the bill passed the chamber by a roll-call vote of 30 yes, 2 no and 3 not voting; the measure will be transmitted to the House.

Supporters described the measure as both pro‑transparency and a source of certainty for members of governing bodies. Tucker told senators the measure rewrites the code section that defines public meetings and adds definitions and procedures intended to reduce decades of litigation and confusion.

The bill requires an agenda for regularly scheduled meetings to be posted at least three days in advance, and requires emergency meeting agendas to be posted at least two hours before the meeting. It also directs that, when a public entity already maintains a website or social media presence, meeting notices posted to the media should be posted there as well; entities are not required to create a site if they do not already have one.

Senator Tucker said the bill clarifies when governing bodies may meet in executive session, including one explicit addition: a governing body may meet in executive session to discuss how to respond to a cybersecurity attack. The bill also clarifies that settlement negotiations and court-ordered alternative dispute resolution may fall outside the definition of a public meeting so long as the discussion relates to negotiating strategy in litigation, Tucker said.

The measure updates rules for remote participation and recording: if a member participates remotely the meeting must be recorded in the same medium used by the remote participant (for example, a Zoom participant must be recorded by Zoom). It also prohibits “polling” a governing body by a nonmember to determine how members intend to vote, and limits what officers may say to one another outside a public meeting: if members are deliberating official business, that deliberation must occur in public.

Tucker said the bill was the product of a two‑year working group convened in the attorney general’s office and that associations representing counties, cities, school boards and the press participated in drafting. He named members of the working group and said the attorney general supports the bill.

Under the bill, if a governing body violates the statute a court may invalidate the action; the bill codifies remedies that already exist in case law, Tucker said.

The Senate voted to pass the bill on a roll call after brief questions; Tucker closed by asking for a favorable vote. The measure will move to the House for consideration.