FOI exemption for agency advances

A bill that would provide what state highway officials called a narrow exemption for their agency from the Arkansas Freedom of Information Act won an endorsement from a House committee Tuesday.

House Bill 2157 by Rep. Charlotte Douglas, R-Alma, would prevent land professionals from contacting landowners of property along the right of way of a highway project. These contacts have been made before highway officials can make a “good-faith” offer on any property they need to acquire for a project, Rita Looney, chief counsel for the Arkansas Highway and Transportation Department, told the House Public Transportation Committee.

Under the bill, the information would become public information once the good-faith offer is made, she said.

She said the land professionals, including attorneys, real estate agencies and appraisers, are using the Freedom of Information Act to obtain the names, addresses and contact information of landowners from the department, often unbeknownst to the landowners, and contacting them before the department can.

Scott Bennett, the agency’s director, said the practice has happened more frequently in the past couple of years.

“We’re required to negotiate in good faith,” he said. “Our people are being told not to talk to them at all. We’re not even able to negotiate in good faith when that occurs.”

Some committee members fretted that the bill was only the latest legislation that is, in the words of Rep. Clint Penzo, R-Fayetteville, “degrading the FOI.”

“At what point do we draw the line?” he said.

But Rep. Carlton Wing, R-North Little Rock, who is a television producer, said the exemption isn’t permanent.

“Once a good-faith offer is there, the information is open,” he said. “This is a very brief, temporary FOIA exemption.”

The bill cleared the committee on a voice vote. It now goes to the House floor.