We asked Bing Ai: Please provide more information on Arkansas Freedom of Information Act § 25-19-101
Bing Ai response:
Certainly, The **Arkansas Freedom of Information Act (FOIA)**, codified at **Ark. Code Ann. §§ 25-19-101 through -112**, is a transparency law that grants residents of Arkansas insight into their government’s actions. Here are some key points about the FOIA:
1. **Title and Legislative Intent**:
– The FOIA is officially known as the “**Freedom of Information Act of 1967**” ²⁵.
– Its legislative intent is to promote transparency by ensuring public access to government records ⁵.
2. **Scope and Purpose**:
– The FOIA applies to all government agencies in Arkansas.
– It allows residents to access public records, subject to certain exemptions.
– The law aims to balance openness with legitimate privacy and security concerns.
3. **Access to Public Records**:
– Residents can request records related to government activities, decisions, and policies.
– Public records include documents, emails, meeting minutes, and other relevant materials.
– Agencies must respond promptly to FOIA requests.
4. **Exemptions**:
– While the FOIA promotes transparency, it recognizes specific exemptions.
– Some exemptions include records related to ongoing investigations, trade secrets, personnel matters, and attorney-client communications.
5. **Enforcement and Remedies**:
– If an agency denies access to requested records, residents can seek legal remedies.
– Courts can order agencies to disclose records and may award attorney fees to prevailing parties.
For more detailed information, you can refer to the **20th Edition of the Arkansas FOIA Handbook** provided by the **Arkansas Attorney General** ¹. Remember that this summary is limited by space, so consulting the full text of court opinions and Attorney General opinions is recommended for a deeper understanding ¹.
Source: Conversation with Bing, 2024-03-04
(1) § 25-19-101 – Title. :: 2010 Arkansas Code – Justia Law. https://law.justia.com/codes/arkansas/2010/title-25/chapter-19/25-19-101/.
(2) Rules and Regulations – ASBALAID. https://www.asbalaid.arkansas.gov/wp-content/uploads/2020/05/ASBALAID_Freedom_of_Information_Act_2013-_Regular_Session_September_12_2013_FINAL_KJG.pdf.
(3) 20th Edition 2022 The Arkansas FREEDOM OF – Arkansas Attorney General. https://arkansasag.gov/wp-content/uploads/2022-FOIA-Handbook-20th-Edition.pdf.
(4) HOW TO DO AN ARKANSAS FREEDOM OF INFORMATION ACT REQUEST. https://arkansaslawking.com/arkansas-freedom-information-act-request/.
(5) GEN-49 Administration General FREEDOM OF INFORMATION (FOI). https://www.healthy.arkansas.gov/images/uploads/pdf/FREEDOM_OF_INFORMATION.pdf.
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We asked Bing Ai:
Please provide the statutes and or laws stating only residents have access to the FOIA for the state of Arkansas?
Bing AI responded:
Certainly! Certainly! Let’s explore the laws related to access under the **Freedom of Information Act (FOIA)** and similar legislation in different contexts:
1. **United States FOIA**:
– The **U.S. FOIA** allows **any person**, regardless of citizenship, to request access to federal government records ⁴.
– However, there are exceptions:
– **Eight states** (Alabama, Arkansas, Delaware, Georgia, New Hampshire, New Jersey, Tennessee, and Virginia) require requesters to be **state residents** ⁶.
– Some states’ FOIA regulations **bar incarcerated persons, felons, and those convicted of a crime** from submitting requests ⁶.
– Additionally, other laws, such as the **Federal Advisory Committee Act** and the **Privacy Act**, also impact access to government information ².
2. **Canada’s Access to Information Act (ATIA)**:
– The **ATIA** provides Canadian citizens, permanent residents, and individuals and corporations present in Canada with the right to access records under government institutions’ control ¹.
– However, the **general public** does not have an automatic right of access to records containing personal information about others under the **Access to Information Act** ⁸.
– The ATIA balances access with exemptions that protect democratic values, including privacy and national security ¹.
3. **Presidential Records Act (PRA)**:
– Under the **PRA**, the public can access most presidential records through the FOIA **five to twelve years after a president leaves office** ³.
4. **Privacy Act (U.S.)**:
– Under the **Privacy Act**, generally only **U.S. citizens** and **lawful permanent residents (U.S. persons)** have the right to request access to certain files ⁷.
In summary, while FOIA generally promotes transparency, specific laws and regulations vary by jurisdiction and context, affecting who can access government records. 🌐🔍
Source: Conversation with Bing, 2024-03-04
(1) FOIA.gov – Freedom of Information Act: Learn. https://www.foia.gov/about.html.
(2) List of who can make public record requests by state. https://ballotpedia.org/List_of_who_can_make_public_record_requests_by_state.
(3) The Freedom of Information Act (FOIA): A Legal Overview – CRS Reports. https://crsreports.congress.gov/product/pdf/R/R46238.
(4) The Access to Information Act – Canada.ca. https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/access-information-act.html.
(5) Freedom of information in Canada – Wikipedia. https://en.wikipedia.org/wiki/Freedom_of_information_in_Canada.
(6) Freedom of Information Act – FOIA, Definition, 1966 | HISTORY. https://www.history.com/topics/1960s/freedom-of-information-act.
(7) OIP Guidance: The Interface Between the FOIA and Privacy Act. https://www.justice.gov/oip/oip-guidance-interface-between-foia-and-privacy-act.
(8) Your rights under the Access to Information Act and Privacy Act. https://www.canada.ca/en/revenue-agency/corporate/about-canada-revenue-agency-cra/access-information-privacy-canada-revenue-agency/your-rights-under-access-information-act-privacy-act.html.
(9) FOIA 101: Demystifying Public Records Laws in Each State. https://granicus.com/blog/foia-101-public-record-laws-in-each-state/.
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Rule 2.26-51-102(9) – Residency Determination
A three pronged test, as set forth below, is used to determine whether or not a person is a resident of Arkansas. Satisfaction of any one prong is sufficient to establish residency.a)any person domiciled in the state of Arkansas. Domicile is comprised of an act coupled with an intent. A domicile is acquired by (1) physical presence at a place coinciding with (2) the state of mind (that is, intent) of regarding the place as a permanent home. A domicile arises instantaneously when these two facts occur. Every person must have one domicile but can have no more than one domicile, regardless of how many residences a person may have at any given time. A domicile, once established, continues until a new domicile of choice is legally established. An established domicile does not end by lack of physical presence alone nor by mental intent alone. The old domicile must be abandoned with the intention not to return to it. If one moves to a new location but intends to stay there only for a limited period of time (no matter how long), the domicile does not become the new location but rather remains unchanged.b)any person who maintains a permanent place of abode within Arkansas and spends in the aggregate more than six (6) months of the year within Arkansas. Place of abode means a place where a person has established a permanent home, even though such person may be absent therefrom[sic] for a long period of time. A temporary home or residence would not be considered a place of abode, as there must be at least some degree of permanence. In addition, a person must actually spend more than six months of the tax year in Arkansas to fall within the scope of this provision. A person who has spent either less than six months or exactly six months in Arkansas would not fall within the scope of this provision.
Place of abode and residence are considered to mean roughly the same thing. However, domicile and residence are not considered to be synonymous. Residence denotes only an act (the act of residing), while domicile denotes an act (the act of residing) coupled with the intent that the residence be a permanent home. The distinction between domicile and place of abode is that although a person can have several homes (or places of abode) at one time, only one of those homes can be the person’s domicile. The home that the person intends or considers to be their permanent home (as in home base) would be the domicile.c) In situations where it is not clear if the requirements of either domicile (a) or place of abode (b) have been met, a residency determination can only be made after thoroughly reviewing the facts on a case by case basis. When reviewing the facts, the Supreme Court of Arkansas has held that we are not bound to accept a taxpayer’s claims of intent when the circumstances point to a contrary conclusion. Furthermore, when acts are inconsistent with a taxpayer’s declarations, the acts will control, and our conclusions regarding residency should be based on the facts and circumstances proved. The following factors should be reviewed in making a residency determination:
* Address used on federal income tax returns;
* Address used on telephone, utility and commercial documents;
* Address used on voter registration;
* Address used on driver’s license, hunting and fishing license;
* Address used on motor vehicle, boat and trailer registration;
* Address used on real and personal property tax documents;
* Address used on county and other tax assessments;
* Address on governmental documents, such as military records. With respect to military records, the Leave and Earning Statement is a very important document;
* If the Taxpayer has a spouse, the spouse’s address on such things as drivers license, voter registration, vehicle registration, etc. should be checked out;
* Employer and withholding information, nature of Taxpayer’s employment (traveling salesperson, etc);
* Location of Taxpayer. How often and for how long is Taxpayer present at the locations at issue;
* Location of immediate family, such as spouse and children;
* Length of time in Arkansas of Taxpayer and immediate family;
* Community affiliations, such as club memberships, church, bank accounts, etc.;
* Absence of factors in other states.
2.26 Ark. Code R. § 51-102(9)
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We asked Bing AI:
Please provide the definition of the term person for the state of Arkansas
Bing AI responded:
Oops, I think we’ve reached the end of this conversation. Click “New topic,” if you would!
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https://law.justia.com/codes/arkansas/2020/title-5/subtitle-1/chapter-1/section-5-1-102/
Regarding the term “natural person”:
Pursuant to, 28 U.S. Code § 1391 – Venue generally
(1) a natural person, “including” an alien lawfully admitted for permanent residence in the United States, shall be deemed to reside in the judicial district in which that person is domiciled;
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12 CFR § 330.1
Natural person means a human being
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Why don’t all people have access to information held by the administrators for the state of Arkansas?
The availability of information held by state administrators can be influenced by various factors. Here are some reasons why not all people have equal access to such information:
Digital Divide: Not everyone has access to the internet or digital devices. The digital divide affects marginalized communities, rural areas, and low-income individuals. Lack of internet infrastructure, affordability, and digital literacy contribute to unequal access.
Privacy and Security Concerns: Some information may be restricted due to privacy and security concerns. For instance, sensitive data related to law enforcement, health records, or legal proceedings is protected. Bureaucracy and Complexity: Administrative processes can be complex, involving legal jargon, paperwork, and specific channels for accessing information.
Navigating bureaucracy can be challenging, especially for those without legal expertise. Selective Disclosure: Administrators may selectively disclose information based on their policies, priorities, or political considerations.
Transparency varies, and some information may be intentionally withheld. Resource Constraints: Limited resources (financial, human, or technological) can hinder information dissemination. Smaller communities or underfunded agencies may struggle to maintain comprehensive databases. Historical Context: Historical factors, including systemic discrimination, impact access to information.
Marginalized groups have historically faced barriers to information due to discriminatory practices. Legal Restrictions: Some information is legally protected or classified. Examples include national security data or ongoing investigations.
Freedom of Information Act requests may be necessary to access certain records.
Political Power Dynamics: Those in power may control information flow to maintain authority or suppress dissent.
Transparency challenges arise when information threatens political interests. In summary, ensuring equitable access to information requires addressing digital disparities, promoting transparency, simplifying processes, and advocating for open governance. 
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The Arkansas Freedom of Information Act (FOIA) is often referred to as “the people’s law.” It ensures that citizens of Arkansas have open access to the conduct of public business at all levels of government. Additionally, it provides ready access to public records held by various custodians, including county courthouses, city halls, public schools, and other public facilities across the state1. However, it’s essential to note that there are specific exceptions and limitations to this access. Some information may be restricted due to privacy concerns, national security, or other legal reasons. These exceptions are typically outlined in the FOIA itself. In summary, while the FOIA promotes transparency and accessibility, not all information held by administrators is accessible to the public. Certain sensitive or confidential data may be exempted from disclosure. If you have specific inquiries, you can explore resources like the Arkansas Administrative Statewide Information System (AASIS) or the Information Network of Arkansas23.
Freedom Dove 
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