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By Dennis A. Byrd, Arkansas News Bureau

LITTLE ROCK -- Immediate fining authority by an enforcement officer would be among options studied by the Legislature for violations of the state Freedom of Information Act, according to a study proposal filed Wednesday.

Sen. Mike Beebe, D-Searcy, and Rep. Shane Broadway, D-Bryant, filed the interim study proposal to "explore any and all avenues available to improve and enhance the enforcement of the Arkansas Freedom of Information Act ..."

Beebe is incoming president pro tempore of the Senate; Broadway is speaker-designate of the House.

The proposal asks the Legislative Council to study the feasibility, both legally and practically, of making an FOI enforcement officer available up to 24 hours per day in the attorney general's office.

The proposal calls for lawmakers to determine whether such an officer could provide quasi-judicial enforcement of the act, including appropriate sanctions for violations.

''The goal of this study is to provide a better means of ensuring that the FOIA is being properly followed by all to whom it applies in the time frames contemplated by the act, especially in the period between a violation and obtaining a judicial decision,'' the proposal states.

Beebe and Broadway began looking at intermediate enforcement sanctions following last year's FOIArkansas Project, which included a statewide survey of public offices. The survey showed that citizens were unable to immediately gain access to public documents about a third of the time.

The interim study proposal offers no specifics, but rather gives the Legislative Council an opportunity to conduct hearings and come up with specific proposals.

Beebe suggested after the 1999 survey that perhaps a per-hour or per-day fine be imposed for public officials who failed to comply with the act after an FOI enforcement official issued an on-the-spot opinion.

Broadway said at the time that such a law is worth studying because "it is important for the public to be able to know what's going on in their government.''

Gov. Mike Huckabee said after the survey he would support some type of oversight in the attorney general's office, including potential sanctions for violators.

Attorney General Mark Pryor said he initially had some reservations about giving fining authority to someone in his office, but he said public access should be the overriding issue in any plan that may be offered by lawmakers.

''I'm open to any proposal that would increase access to records,'' Pryor said.

Under existing law, citizens who believe a public official or public board or commission in Arkansas is not living up to its obligations under the FOI Act have only two enforcement options: They can file a civil lawsuit or lodge a criminal complaint with the local prosecutor, who can file misdemeanor charges.

Prosecutorial charges have been rare since the FOI Act was first passed in Arkansas in 1967, and most cases have been settled before going to court. Citizens have been reluctant to file civil lawsuits in FOI cases because of the expense of hiring an attorney and paying court costs.

The Arkansas News Bureau for Stephens Media Group and five daily newspapers participated in the FOIArkansas Project. Newspaper participants were the Log Cabin Democrat of Conway, the Pine Bluff Commercial, the Southwest Times Record of Fort Smith, The Jonesboro Sun and The Morning News of Northwest Arkansas.

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