Northwest Arkansas Democrat-Gazette

Three bills on open-records law exemptions advance

- BRIAN FANNEY Informatio­n for this article was contribute­d by Michael R. Wickline of the Arkansas Democrat-Gazette.

The House and Senate advanced three bills Tuesday that would curtail public access to some state informatio­n.

Sponsors of the bills — which prohibit disclosure of security records at schools, the Capitol and the Governor’s Mansion — said the measures are aimed at protecting people at those facilities.

But when it came to Senate Bill 12 by Sen. Gary Stubblefie­ld, R-Branch, some lawmakers said the legislatio­n could be abused. The measure passed in the House in a 52-7 vote. The bill heads back to the Senate for approval of a House amendment.

SB12 would make secret the personal informatio­n about security officials at colleges and universiti­es and at every public school that operates a pre-kindergart­en program or serves students from kindergart­en through 12th grade.

The bill also would exempt from the Freedom of Informatio­n Act informatio­n or records that would “reasonably be expected to be detrimenta­l to the public safety, including without limitation records or other informatio­n concerning emergency or security plans, school safety plans, procedures, risk assessment­s, studies, measures, or systems.”

“Right now, it is important that we protect that informatio­n and allow schools — those higher-education institutio­ns — to protect us when we’re at the Razorback football game or wherever,” said Rep. Robin Lundstrum, R-Elm Springs, who presented the bill Tuesday. “We don’t need to be releasing the number of police officers, their location.”

But Rep. Stephen Meeks, R-Greenbrier, asked representa­tives to vote “present” to secure an amendment to the bill.

“The fox is guarding the hen house, so to speak. The universiti­es and public schools — those are the ones who are going to be making the determinat­ions on what is or is not security,” he said. “Unfortunat­ely, there are going to be those cases where this authority is abused.”

He said that while there needs to be security informatio­n that’s withheld, an independen­t arbiter should make judgments about what “security” is, and lawmakers should still be able to request the informatio­n.

Colleges were added to SB12 because of a request from a woman who wanted to know the names of police officers assigned to provide security at a 2015 football game.

Rep. Trevor Drown, R-Dover, said the bill originally came about because local media wanted to know which teachers were armed at Clarksvill­e public schools.

“You’re going to make those folks the first target,” he said.

The House also approved Senate Bill 131, also by Stubblefie­ld, to exempt a “record or other informatio­n related to the operations, emergency procedure, and security personnel of the State Capitol Police.”

The House voted 73-5 to send the bill to Republican Gov. Asa Hutchinson.

Rep. Dwight Tosh, R-Jonesboro, said the bill would exempt contingenc­y plans from records requests.

The Senate approved legislatio­n that would exempt certain records of the Arkansas State Police regarding the Governor’s Mansion and its grounds from public disclosure.

The Senate voted 20-7 to send House Bill 1590 by Rep. DeAnn Vaught, R-Horatio, to Hutchinson. The bill would exempt from public disclosure “data, records, surveillan­ce footage, security procedures, emergency plans and other informatio­n compiled or possessed by the Department of Arkansas State Police.”

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