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SB 376

TO AMEND THE FREEDOM OF INFORMATION ACT OF 1967; AND TO AMEND THE LAW CONCERNING PUBLIC MEETINGS UNDER THE FREEDOM OF INFORMATION ACT OF 1967.

2025 Regular Session Introduced by Mary Bentley and 1 co-sponsor

Senate Bill 376 aimed to enhance government transparency in Arkansas by requiring public meetings for governing bodies with more than two members, but it did not pass.

Died in House Committee at Sine Die adjournment.
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Bill Summary · SB 376

Summary of Senate Bill 376

Overview

Senate Bill 376 (SB 376) was introduced in the Arkansas Senate on March 4, 2025, with the intent to amend the Freedom of Information Act of 1967 (FOIA). The bill aimed to clarify the definition of "public meetings" and establish regulations regarding discussions among governing body members outside of public meetings. However, the bill ultimately died in the House Committee at Sine Die adjournment on May 5, 2025.

Purpose and Intent

The primary purpose of SB 376 was to enhance transparency in government operations by ensuring that meetings involving governing bodies are conducted publicly. The bill sought to address concerns about informal discussions among members that could circumvent public scrutiny.

Key Provisions

SB 376 included several significant amendments to existing law:

  1. Definition of Public Meetings:

    • The bill defined "public meetings" as gatherings of more than two members of any governing body, including municipalities, counties, townships, school districts, and state agencies, that are supported or funded by public money.
    • Grand juries were explicitly excluded from this definition.

  2. Prohibition on Disclosure:

    • If two members of a governing body discussed matters that could lead to action by the body outside of a public meeting, they would be prohibited from disclosing each other's opinions or positions on the matter to other members.

  3. Formal and Informal Meetings:

    • The bill clarified that both formal and informal meetings of governing bodies would be considered public meetings, ensuring broader coverage under the FOIA.

Impact

If enacted, SB 376 would have impacted:
- Governing Bodies: All municipalities, counties, townships, school districts, and state agencies in Arkansas would have been required to hold public meetings for gatherings of more than two members.
- Public Transparency: The bill aimed to increase transparency in government by preventing informal discussions from being used to circumvent public meeting requirements.
- Legal Compliance: Governing bodies would have needed to adjust their meeting practices to comply with the new definitions and prohibitions.

Legislative Timeline

  • March 4, 2025: Bill filed and read for the first time.
  • March 12, 2025: Returned by the committee with a recommendation to pass.
  • March 18, 2025: Amendment #1 adopted, clarifying provisions.
  • March 20, 2025: Passed by the Senate and transmitted to the House.
  • May 5, 2025: Bill died in the House Committee at Sine Die adjournment.

Conclusion

Senate Bill 376 represented an effort to strengthen the Freedom of Information Act in Arkansas by ensuring that more government meetings are conducted openly and transparently. Despite its potential benefits, the bill did not progress past the House Committee stage.

Compiled from official sources — confirm details with the bill’s official record.

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