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Senate committee stalls two FOIA-related bills after hours of testimony

STATE AGENCIES & GOVT'L AFFAIRS-SENATE · February 25, 2021
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Summary

SB196 (attorney-fee clarification) and SB208 (definition of 'meeting') drew extended testimony from professors, university counsel, municipal officials and transparency advocates; an amendment to SB196 passed but a motion to pass the bill lacked a second, and SB208 was postponed for further work after debate.

A pair of bills intended to clarify Arkansas open-records and open-meetings law drew extended testimony Thursday but no final committee votes.

Senate Bill 196, sponsored by Senator Dan Sullivan, would explicitly allow court or settlement outcomes that produce records to trigger attorney-fee awards under the Arkansas Freedom of Information Act. Robert Steinbach, a law professor who supported the bill, said it would codify the "catalyst" theory—whereby a requester who prompts disclosure through litigation or settlement is entitled to attorney fees even if the case resolves before a judicial order. "A catalyst makes something happen," Steinbach told the committee as he outlined the rationale.

Opponents warned of unintended consequences. David Curran, associate general counsel for the University of Arkansas System, said…

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