SENATE INTRODUCTIONS - StateWatch



2008-071 McDaniel 7/15/2008

Privacy (Federal Privacy Act; Social Security Number/Birth Date) - (Private Audit Firm; Municipal Employee Information) – FOIA. Question: 1) Does the Arkansas Code incorporate or require compliance with provisions of the federal Privacy Act of 1974, 5 U.S.C. sec. 552a, as amended? 2) What Arkansas Code provision protects the privacy rights of citizens of Arkansas from the disclosure of social security numbers and birth dates to third parties who are not listed as one of the exemptions in the Privacy Act? 3) May a city administrator release the social security number and birth date of the spouse of a municipal employee to a private audit firm engaged by the city to conduct a forensic audit on the municipal employee? 4) May a public agency (Airport Commission) deny a citizen ready access to public records in accordance with the Arkansas Freedom of Information Act ("FOIA") by requiring the requestor to go to the office of the public agency's attorney to view records selected by the agency and its attorney?

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Requested by: Ruth Whitaker, State Senator, Cedarville

Opinion: 1) Yes. The FOIA, in providing for public inspection of records, allows for exceptions under “laws specifically enacted to provide otherwise.” This language is sufficiently broad to encompass the federal Privacy Act, or at least the one section of the Privacy Act which applies to state and local agencies. That section, however, is not clearly applicable to the release of social security numbers by state and local officials. 2) A.C.A. 4-86-107 provides that no person or entity may "publicly post" or "publicly display" an individual's social security number. See also Administrative Order 19 of the Ark. Supreme Court regarding court records. No single Arkansas law comprehensively protects social security numbers or dates of birth. 3) Probably yes, and the private audit firm would also be bound by the FOIA if it received a request for records of the city audit. 4) Consultation with legal counsel for the purpose of separating exempt from nonexempt information may be justified, and it may be impossible to afford immediate, unrestricted access to records.

Author: Elizabeth A. Walker - See Full Opinion

2008-083 McDaniel 7/8/2008

Municipalities (A & P Tax; Types of Lodging) – Taxation. Question: 1) Does the language of A.C.A. 26-75-602(c ), which authorizes a advertising and promotion sales tax on certain lodging establishments, include any other establishments aside from the ones that are specifically stated, "hotel, motel, or short-term condominium rental accommodations?" 2) Does the language in the above mentioned Code section include cabins, cottages, bed and breakfasts, camp grounds, or any other lodging facilities that are not hotels, motels or short-term condominium rentals? 3) By choosing to use the Advertising and Promotion Commission Act, A.C.A. 26-75-601 et seq., instead of Secs. 26-75-701 through -705 for the taxing authority, is the City of Eureka Springs limited to only taxing hotels, motels, and short-term condominium rental accommodations under it’s A & P tax ordinance?

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Requested by: Bryan King, State Representative, Green Forest

Opinion: 1) No. The statute expressly lists only hotels, motels, and short-term condominium rental accommodations. 2) The question of whether "cabins, cottages, bed and breakfasts and camp grounds" are within the terms of the statute may depend upon the facts surrounding a particular lodging establishment. Legislative clarification is warranted. 3) Yes. As noted above, however, the scope of the statutory provision is not entirely clear.

Author: Jack Druff - See Full Opinion

2008-094 McDaniel 7/15/2008

Workers’ Compensation (Vacation/Sick Leave; Accrual While Drawing Benefits) – Municipalities – Public Employees. Question: Pursuant to state law, can the Hartford Chief of Police, who is injured and currently drawing Workers' Compensation benefits supplemented with accrued vacation and sick leave, continue to accrue vacation and/or sick leave?

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Requested by: Ed Wilkinson, State Senator, Greenwood

Opinion: Yes. To the extent the Chief of Police is still "employed" by the City, he is entitled to the annual vacation and sick leave awarded by state statutes. ACA 14-52-106 and -107.

Author: Elana C. Wills - See Full Opinion

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