HJR 1003 would enshrine government transparency in Arkansas Constitution, create special procedures for laws affecting transparency

Representative Andrew Collins presented House Joint Resolution 1003, a proposed constitutional amendment that would establish government transparency as a constitutional right and prescribe special procedures for legislation affecting that right.

Collins said the measure would restate the Freedom of Information Act’s policy and require that laws affecting government transparency be referred to the people by a two-thirds legislative vote and approved by a popular vote before taking effect. He said an emergency clause could make such a law effective immediately only if approved by a nine-tenths supermajority of both chambers; even then, the measure would still be referred to the people.

The amendment also would waive sovereign immunity for failures to comply with the transparency right, Collins said, allowing citizens to sue the state and recover attorney fees. The measure would prevent the legislature from referring an amendment to that transparency amendment and would preserve the ability of citizens to place initiated acts regarding transparency on the ballot, he said.

Kwame Abdul Bey of the Arkansas Public Policy Panel testified in support, saying the proposal advances the goal that “the people actually do rule,” and described his work collecting signatures on a FOIA-related initiative. No committee vote was recorded during the hearing; Collins closed by noting this resolution is the constitutional amendment component distinct from any initiated act.

The committee did not take a recorded action on HJR 1003 during the session.