Title 25, State Government

The archaic terms “dumb” and “deaf-mute” that formerly related to deaf people shall be struck from all future state publications that in any way refer to the deaf.

(a) (1) (A) Any quasi-judicial board, commission, or agency of the state shall, on request, provide copies of its opinions and orders to any publication or reporting service which routinely reports on its opinions and orders.(B) If such a board, commission, or agency affirms and …

(a) The Secretary of State shall permanently maintain the original and one (1) copy of all:(1) Acts of the General Assembly;(2) Memorials;(3) Resolutions;(4) Proposed constitutional amendments, both initiated and referred; and(5) Proposed initiated acts. (1) Acts of the General A…

The David W. Mullins Library of the University of Arkansas at Fayetteville shall be designated as an official state depository of all public documents published by or under the authority of the state or any division thereof.

The Secretary of State is further directed to send to the David W. Mullins Library of the University of Arkansas at Fayetteville a copy of all publications of the United States Government, where there are duplicate copies in the library of the Secretary of State. This shall inclu…

(a) In addition to the David W. Mullins Library of the University of Arkansas at Fayetteville, which was designated as a depository of all state, city, and county documents under the provisions of § 25-18-301, the library of each of the state-supported institutions of higher lear…

(a) Any institution of higher learning desiring to obtain copies of any publication contained in the checklist shall order the number of copies, not to exceed three (3) copies of any one (1) report or publication, desired from the Arkansas State Library. (b) The Arkansas State Li…

Each department or division of the state, a city, or a county under whose jurisdiction any printed or processed book, pamphlet, report, or other publication is issued at the expense of a municipal corporation or of a county, or of a county and a city, or of the state is directed …

(1) No public official or employee acting in behalf of a governmental agency or another agency wholly or partially supported by or expending public funds shall:(1) Agree or authorize another to agree that all or part of a litigation settlement agreement to which the agency is a p…

This subchapter does not prohibit the Secretary of the Department of Finance and Administration and his or her authorized agents from entering into agreements with taxpayers pursuant to § 26-18-705 which shall not be subject to public disclosure if the subject matter of the agree…

Any person who violates the provisions of this subchapter shall be guilty of a violation and punished by a fine not exceeding five hundred dollars ($500).

When any state agency enters into a contract with any entity, the contract shall be deemed a public record in accordance with the Freedom of Information Act of 1967, § 25-19-101 et seq.

(a) The General Assembly finds that while the Freedom of Information Act of 1967, § 25-19-101 et seq., provides disclosure guarantees for public records, due to Acts 2001, No. 1252, there is no general requirement for agencies to preserve public records. (b) Therefore, the State …

(a) This subchapter shall not apply to city, county, or local governmental entities. (b) This subchapter shall apply only to records created by each state agency after the date the state agency complies with the rules and guidelines promulgated under this subchapter.

(1) As used in this subchapter:(1) “Public records” means the same as defined in § 25-19-103(7)(A); and(2) (A) “State agencies” means all state departments, boards, and commissions.(B) “State agencies” does not include:(i) The elected constitutional officers and their staffs;(ii)…

(a) The Department of Finance and Administration shall direct the development of rules and guidelines for the retention of public records commonly found in most state agencies. (b) (1) The department shall promulgate pursuant to the Arkansas Administrative Procedure Act, § 25-15-…

(a) If any rule promulgated under this subchapter is found to conflict with current federal or state law for the retention of public records, the federal or state law shall override the rule promulgated under this subchapter. (b) Rules promulgated under this subchapter shall not …

All state agencies shall use or permit the use of electronic records and electronic signatures.

(a) The Director of the Office of State Technology shall establish standards and polices governing the use, management, retention, privacy, and security of electronic records of state agencies. (b) The standards and policies shall address:(1) The manner and format in which the el…

A state agency may use the standards and policies developed by the Director of the Office of State Technology under § 25-18-702, or it may develop its own standards and policies consistent with the requirements established in § 25-18-702(b).

This chapter shall be known and cited as the “Freedom of Information Act of 1967”.

It is vital in a democratic society that public business be performed in an open and public manner so that the electors shall be advised of the performance of public officials and of the decisions that are reached in public activity and in making public policy. Toward this end, t…

(1) As used in this chapter:(1) “Background and nondecisional information” means information that is not deliberation;(2) (A) “Custodian”, except as otherwise provided by law and with respect to any public record, means the person having administrative control of that record.(B) …

Any person who negligently violates any of the provisions of this chapter shall be guilty of a Class C misdemeanor.

(a) (1) (A) Except as otherwise specifically provided by this section or by laws specifically enacted to provide otherwise, all public records shall be open to inspection and copying, including without limitation copying through image capture, including still and moving photograp…

(a) To lawfully hold a public meeting, a governing body shall ensure that:(1) Prior notice of the public meeting has been provided as required under subsection (b) of this section;(2) Any executive session held within a public meeting is conducted as required under subsection (c)…

(a) Any citizen denied the rights granted to him or her by this chapter may appeal immediately from the denial to the Pulaski County Circuit Court or to the circuit court of the residence of the aggrieved party, if the State of Arkansas or a department, agency, or institution of …

(a) Each state agency, board, and commission shall prepare and make available:(1) A description of its organization, including central and field offices, the general course and method of its operations, and the established locations, including, but not limited to, telephone numbe…

(a) (1) At his or her discretion, a custodian may agree to summarize, compile, or tailor electronic data in a particular manner or medium and may agree to provide the data in an electronic format to which it is not readily convertible.(2) When the cost and time involved in comply…

(a) In order to be effective, a law that enacts a new exemption to the requirements of this chapter or that substantially amends an existing exemption to the requirements of this chapter shall state that the record or meeting is exempt from the Freedom of Information Act of 1967,…

(a) (1) There is created the Arkansas Freedom of Information Task Force for the purpose of reviewing, evaluating, and approving proposed amendments to this chapter.(2) No later than the first day of November in each even-numbered year preceding a regular legislative session, the …

(a) The General Assembly finds that:(1) The allocation of time of trained law enforcement personnel, dispatchers, and detention personnel toward fulfilling requests for copies of audio media, visual media, and audiovisual media is substantial; and(2) The uniform assessment of cos…

This chapter may be cited as the “Interlocal Cooperation Act”.

It is the purpose of this chapter to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms …

(1) As used in this chapter:(1) “Public agency” means any:(A) School district;(B) Political subdivision of this state;(C) Agency of the state government or of the United States;(D) Political subdivision of another state;(E) Water district created under the provisions of The Regio…

(a) Any governmental powers, privileges, or authority exercised or capable of exercise by a public agency of this state alone may be exercised and enjoyed jointly with any other public agency of this state which has the same powers, privileges, or authority under the law and join…

(a) Prior to its entry into force, an agreement made pursuant to this chapter shall be filed with the county clerk and with the Secretary of State. (b) (1) In the event that an agreement entered into pursuant to this chapter is between or among one (1) or more public agencies of …

(a) In the event that an agreement made pursuant to this chapter shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement, as a co…

Any public agency entering into an agreement pursuant to this chapter may appropriate funds and may sell, lease, give, or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by providing p…

(a) Any one (1) or more public agencies may contract with any one (1) or more other public agencies to perform any governmental service, activity, or undertaking which each of the public agencies entering into the contract is authorized by law to perform alone, provided that the …

(a) Any two (2) or more public agencies are hereby authorized to create a public body corporate and politic as a separate legal entity for the purpose of constructing, operating, and maintaining a public library system. (b) The governing body of each public agency wishing to form…

(a) (1) (A) Each public body corporate and politic shall be administered and governed by a board of directors, with each director residing within the jurisdiction of the public agency which he or she represents.(B) Each director shall be appointed by the governing body of the pub…

(a) Unless its application provides otherwise, each public body shall have the power to:(1) Have perpetual succession;(2) Maintain such offices as it may deem appropriate;(3) Execute and perform contracts;(4) Apply for and receive permits, licenses, certificates, and approvals as…

(a) Each public body corporate and politic created pursuant to this subchapter will be performing functions and will be a public instrumentality of the participating public agencies. (b) Accordingly, all properties at any time owned by the public body and the income therefrom sha…

(a) This subchapter does not abrogate or in any other manner affect the immunity of the participating public agencies. (b) Such immunity extends also to any public body corporate and politic created pursuant to this subchapter and to each director thereof.

This subchapter shall be liberally construed to accomplish its intent and purposes and shall be the sole authority required for the accomplishment of its purposes. To this end it shall not be necessary to comply with the general provisions of other laws dealing with public facili…