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Committee approves FOIA change requiring custodial responses; members debate culpability standard
Summary
A FOIA-related bill will require records custodians to respond in writing to public-records requests—confirming no records exist, identifying exemptions, or directing requesters to the appropriate custodian. The committee adopted an amendment specifying a culpability standard ('knowingly') and passed the bill as amended by voice vote.
Alan Clark (Senate District 7) presented a bill to require custodians responding to public-records requests to send a written response identifying whether records exist, the applicable exemptions for any withheld records, or the appropriate custodian to receive the request. Clark described the change as "common sense" to close the loop when requesters receive no answer under current timelines.
Committee members raised legal questions about whether the bill should include a mental-state element—whether failure to respond should be framed as 'negligent' or 'knowing'—and whether that would change prosecutorial discretion under the existing code (cited in the hearing as 25-19-104). After discussion, the committee suspended rules to accept a voice amendment inserting the word 'knowingly' so subsection 5 reads 'if a custodian knowingly fails to respond.'
Joy McCutcheon of the Arkansas Transparency and Government Group testified in support, calling it a "people's bill" that would reduce needless litigation and help citizens know when records are unavailable or subject to exemptions. The sponsor said the change would not create a new prosecutorial trend but would make clear what a custodian must do in practice.
Senator Tucker moved 'do pass as amended'; the motion was seconded and the committee approved the bill by voice vote. The transcript records the voice vote as 'aye' but does not include a roll-call tally.
