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Senate committee debates FOIA change to force responses when no records exist
Summary
SB 380 would require government custodians to tell a requester within the current FOIA timeframe if no responsive records exist, to identify any exemption claimed, and to direct requesters to the correct custodian when requests are misdirected; supporters said it reduces needless lawsuits, while municipal counsel warned of timing conflicts for personnel files and administrative burden.
A Senate committee heard lengthy testimony on SB 380, a measure sponsors say would strengthen Arkansas’s public‑records process by making a written response mandatory when a custodian has no responsive documents, when they claim an exemption, or when the request was sent to the wrong office.
Joey McCutcheon, with the Arkansas Transparency and Government Group, described the bill as a ‘‘people‑friendly’’ clarification of FOIA designed to prevent unnecessary litigation and make it easier for citizens to know whether records exist. Under the proposal, custodians would be required to send written…
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