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Effort to restrict public’s access to Arkansas records stumbles at start of legislative session

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Effort to restrict public’s access to Arkansas records stumbles at start of legislative session


LITTLE ROCK, Ark. (AP) — Arkansas Gov. Sarah Huckabee Sanders’ proposal to restrict the public’s access to records about her administration, travel and security stumbled at the outset of a special legislative session that convened Monday, with lawmakers trying to rework the legislation in the face of growing criticism that it erodes the state’s open records law.

The House and Senate ended the day without any action on the legislation, one of several items Sanders placed on the agenda for the special session she announced Friday. The Senate scuttled plans to hold a committee hearing Monday night on the bill, with leaders saying they did not yet have a revised version of the proposed changes to the state’s Freedom of Information Act.

“We’ve made amendment after amendment after amendment today. It’s just not ready,” Senate President Bart Hester told a committee room packed mostly with opponents of the legislation who had been waiting to to testify on the measure for most of the day. Hester said they expected to have a new bill filed later Monday night or Tuesday.

The plan to restrict records has prompted an outcry from press groups, transparency advocates, Democrats and some conservatives who said it undermines the state’s 1967 law that protects the public’s access to government records. Opponents have also questioned the need for quickly pushing for the legislation in a special session.

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“To try to railroad this thing through in one or two or three days is not right and it’s not fair, particularly with the breadth of this legislation,” said Joey McCutchen, a Fort Smith attorney who has specialized in FOI lawsuits.

The legislation would allow the state to wall off details about the security provided Sanders and other constitutional officers, including who travels on the State Police airplane and the cost of individual trips. Sanders has said the changes are needed to protect her and her family. Sanders has cited death threats she’s faced over the years, going back to her time as former President Donald Trump’s press secretary.

More broadly, the bill also would block release of state agencies’ “deliberative process” records such as memos and advisory opinions — an exemption that Sanders has said is modeled after one in federal law. Hester earlier Monday said a new version of the bill would instead expand an exemption for “unpublished memoranda, working papers, and correspondence” of the governor’s office to also include her Cabinet secretaries.

Sanders, who met with Senate Republicans for about a half hour behind closed doors Monday morning, didn’t say whether she was looking at changes to the bill.

“We’re going to continue working with our partners in the Legislature,” she told reporters after the meeting.

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FOI experts have also criticized the measure for adding an attorney-client privilege and for changing how attorney’s fees are awarded to plaintiffs who prevail in FOI lawsuits.

The bill would close off access to records that are at the center of a lawsuit an attorney and blogger has filed against the Arkansas State Police. Matt Campbell, who runs the Blue Hog Report site, has accused the agency of illegally withholding the governor’s travel and security records.

Groups such as the Arkansas Press Association, the Arkansas chapter of the Society of Professional Journalists and a task force the Legislature formed in 2017 to review FOI measures have strongly opposed the legislation.

Opposition has also came from groups on the right, including two county Republican Party committees and the state chapter of Americans for Prosperity.

David Couch, an attorney who has authored successful ballot initiatives on medical marijuana and the minimum wage, said earlier Monday he was working on a referendum effort on the FOI changes if they become law.

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“This would be the most overwhelmingly popular issue I’ve worked on,” Couch said.

The open records law changes have drawn far more opposition than other items on the special session agenda, including a tax cut proposal that followed the state reporting its second-largest budget surplus in history.

A Senate committee on Monday endorsed the tax cut legislation, which calls for cutting the top individual and corporate income tax rates by .3%. It also would create a one-time nonrefundable tax credit for taxpayers making less than $90,000 a year. The full Senate is expected to take up the measure on Tuesday.





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Arkansas

Arkansas educational groups looking to amend state’s constitution; 90K signatures required

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Arkansas educational groups looking to amend state’s constitution; 90K signatures required


MILLER COUNTY, Ark. (KSLA) – Several educational groups in Arkansas are working together to make changes to amend the state constitution’s education clause.

Members with Arkansas Educational Rights brought their message to Miller County, saying they the amendment they are seeking will provide three critical things.

“First it provides universal access to the most proven educational standards that boost learning it requires any school that receive public financing to follow the same standards as public schools and the third potent take the existing Arkansas minimum education standards so future lawmakers can’t water down our educational qualities,” said Bill Kopsky, with Ark. Public Policy.

Before changes can be placed on the November ballot, they must collect over 90,000 signatures from at least 50 counties across the state. They say the petition drive is not without opposition.

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“There have been a lot of propaganda going out that’s been paid by the opposition to spread a message against what we are trying to do and a lot of time that’s disinformation or misinformation at best because they are trying to confuse the voters,” said Steve Grappe, with Stand Up Arkansas.

The group has until July 5 to get the necessary signatures for the amendment to be on the ballot.



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Arkansas sues Minnesota's Optum over role in opioid crisis

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Arkansas sues Minnesota's Optum over role in opioid crisis


Arkansas is suing Minnesota-based Optum Inc. and another pharmacy benefits manager, Express Scripts, for fueling the opioid crisis.

Court documents describe “the misuse, abuse, diversion and over-prescription of opioids” as “the worst man-made epidemic in modern medical history”.

Arkansas Attorney General Tim Griffin said the companies, which run prescription drug coverage for insurers, should be held accountable “for their roles in a crisis that has ravaged our state.”

“The (companies) benefited financially from the opioid crisis in Arkansas by negotiating favorable deals with opioid manufacturers,” Griffin said in a news release.

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Optum, a subsidiary of UnitedHealth Group, denies the claims.

“Optum did not cause the opioid crisis or make it worse, and we will defend ourselves in this litigation,” the company said in a statement. “Optum takes the opioid epidemic seriously and has taken a comprehensive approach to fight this issue, including the Opioid Risk Management Program available to all Optum Rx clients, to address opioid abuse and promote patient health.”

Arkansas had the second-highest opioid prescription rate in the nation for many years, according to the suit, and remained the most commonly prescribed controlled substance as recently as 2022.

Pharmacy benefit managers “sit at the center of prescription-drug dispensing” and intentionally caused an oversupply of opioids in the state, the suit says.

The lawsuit accuses Optum and Cigna-owned Express Scripts of “colluding with Purdue Pharma and other opioid manufacturers to increase opioid sales through favorable placement on national formularies in exchange for rebates and fees.”

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Formularies are lists of drugs covered by insurance plans.

The state is seeking unspecified damages and restitution for claims of creating a public nuisance, negligence and unjust enrichment.



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Character crucial | Arkansas Democrat Gazette

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Character crucial | Arkansas Democrat Gazette


Editor’s note: The original version of this column was published Dec. 30, 2006.

In my formative years, my father frequently explained the significance behind the words character and integrity.

I was late into elementary school when the colonel’s indoctrination began. It must have been the various hardships of his own youth intertwined with a career of military service that urged him to advocate for living an honorable life.

His efforts had little, if any, impact through my teen years. I suppose my absorption with the magnificence of radiant selfhood served to prevent his message from penetrating too deeply. After all, there were far too many girls to impress and balls to catch and throw, not to mention a dawning horizon that reflected only the uniqueness of me.

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Still, Rue B. Masterson, who survived World War II and Korea, refused to surrender when it came to pounding the meaning of these words into his children’s lives.

“Son, a person’s only as trustworthy as his or her word. It’s not about the body. Treat others the way you want to be treated. Show compassion for the less fortunate. Be honest with yourself and with others.”

Yet what did I hear back then? “Blah, blah, blah.”

Thus the wasted days of youth raced past. Then came the mid-20s and the responsibilities of a wife and infant son. I recalled the echoes of Dad’s mentoring about the time he was laid to rest in Harrison’s Maplewood Cemetery. After all those years, I had lived long enough to appreciate what he had tried so diligently to bequeath.

As I became a journalist in constant search of bits and pieces of truth, I also began to see the terrible consequences of violating one’s own character and integrity. No longer was this planet’s sole purpose my needs, my comforts and my immediate gratification. I also recognized that the truth, in all phases of life, can never be fully crushed or permanently buried.

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I encountered a homeless alcoholic who’d spent three summers living inside a giant hollow log, and interviewed an impoverished single mother of four abandoned by her husband. There was a widow living in a squalid home without utilities. I visited jails and prisons and halfway houses. Everywhere I witnessed the results of life’s circumstances and insincerities. They stemmed from many causes, including deviations from truth, poor choices and the loss of integrity and character.

The weight of my own responsibilities had caused me to recognize that most of our human struggles were not created by our flexing our muscles, but rather by the choices about whether to do so.

I saw that we resort to needless retaliation in defense of overly sensitive egos and the outright lies that we so easily tell ourselves and others. We fail to realize that, in making purely physical decisions, we often brutalize the most significant aspects of our spiritual integrity.

The indefinable power that with a slap on our rump breathes consciousness into what otherwise would be an inanimate lump of meat is the same infinite force that instills these nobler traits for which my father lobbied so strenuously. This sets us apart from lower-functioning animals with the self-respect, compassion, devotion to truth and the reverence we display for our mutual value as fellow human beings, regardless of social or financial status.

Whenever we choose to violate the principles inherent in this force, we invariably pay the price, as surely as if we reject the principles of gravity. Invariably, each falsehood we attach to the essence of our being tells others something about our deepest nature.

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Dad understood that every instance in which he sacrificed bits of the sacred stuff of his self for personal advantage, he knowingly abandoned his obligation to intellectual honesty within his own spirit.

Now, I wince whenever I recognize my many shortcomings. The unheeded wisdom delivered all those years ago, by a father who obviously possessed the same comprehension at a similar stage of his existence, today rings all too clear in his son.

This process we call a physical lifetime, lasting anywhere from a single moment to a century, transpires as in the flash of a firefly’s tail. All that lingers to prove that any of us existed are the remnants of what we believed in, stood for and left in the hearts and minds of those who remain to interact.

So here’s a salute to you, Colonel. Your frustrations during the deaf and blind era of my life were not in vain, although you never lived long enough to realize the impact of your efforts.

Today, with lies deemed acceptable and corruption thriving in boardrooms and the bureaucracies, the challenge has fallen upon my shoulders and yours, valued readers. It comes at a time in the history of these United States when the need to explain and demonstrate character and integrity to the generation still in childhood and generations yet unborn never has been more crucial.

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Mike Masterson is a longtime Arkansas journalist, was editor of three Arkansas dailies and headed the master’s journalism program at Ohio State University. Email him at mmasterson@arkansasonline.com.



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