Committee debates expansion of FOIA to private entities that 'support' government; no recommendation

Senate Bill 231, sponsored by Senator Kim Hammer, would amend the Arkansas Freedom of Information Act to treat records of private entities that have the "primary purpose" of providing direct support to governmental agencies as public records when those records relate to the performance of that support.

Hammer and Professor Robert Steinbeck (appearing in an individual capacity) argued the change is narrow and intended to bring transparency to entities that operate in partnership with public agencies — for example, private foundations that solicit donations on official university letterhead and route funds through private accounts. Steinbeck said the bill codifies the principle in the Edmark v. Fayetteville line of cases and adds a carve-out that donor identities remain exempt.

Opponents — including Shep Russell, lawyer for private foundations, and representatives of affected organizations — warned the bill is written too broadly, could sweep in foundations and nonprotections used to raise non-tax revenue for public projects, and could chill charitable giving. Russell said that even with donor-name exemptions, a wide range of fundraising records could be exposed and that litigation risk would increase.

Committee members probed whether donor names or amounts would be disclosed; sponsors said the bill exempts donor identity while aggregate amounts could be disclosed (the transcript records differing interpretations and senators cautioned that judicial interpretation would be required). After extended questioning and public testimony from the Arkansas Press Association supporting transparency, the sponsor asked for a favorable due-pass, but the committee ultimately took no recommendation on the bill; no further committee action was recorded in the transcript.