B. Other statutory exclusions.

(1) In general. The FOIA also contains a “catch-all” provision that incorporates by reference other statutes that expressly provide for nondisclosure. Ark. Code Ann. § 25-19-105(a)(1) (records are open to inspection “[e]xcept as otherwise specifically provided by . . . laws enacted to provide otherwise.”) In order to fall within this provision, a statute must specifically provide for nondisclosure. Troutt Brothers Inc. v. Emison, 311 Ark. 27, 841 S.W.2d 604 (1992); Ragland v. Yeargan, 288 Ark. 81, 702 S.W.2d 23 (1986). However, the statute need not refer to the FOIA by name or statute number in order to qualify as an exemption. Ark. Op. Att’y Gen. No. 97-278. See, e.g., Byrne v. Eagle, 319 Ark. 587, 892 S.W.2d 487 (1995) (loan guarantee applications filed with the Arkansas Development Finance Authority are exempt by virtue of Ark. Code Ann. § 15-5-409, which does not mention the FOIA). The catch-all provision reaches several dozen state statutes and is also broad enough to encompass federal statutes. See Ark. Op. Att’y Gen. No. 94-265 (a record prepared by a federal agency and sent to a state agency is not subject to disclosure if it is exempt under the federal FOIA and the federal agency has asserted the exemption). Moreover, by virtue of the Supremacy Clause, a federal confidentiality requirement supersedes a state disclosure statute. Ark. Op. Att’y Gen. Nos. 96-363, 91-093.

(2) Adoption. Ark. Code Ann. § 9-9-217 (adoption records); § 9-9-406 (records of subsidized adoptions); § 9-9-506 (voluntary adoption registry); Ark. Code Ann. § 9-28-407(h) (records compiled or received by a state agency engaged in placing a child for adoption, including foster care and protective services records).

(3) Education. Ark. Code Ann. § 6-15-415 (records containing identifiable scores of students on basic competency test); § 6-15-503 (home schooling records); § 6-17-407 (superintendent’s investigation of alleged misconduct by school employees); § § 6-17-410, 6-17-411 (criminal background checks of prospective teachers); § 6-17-414 (criminal background checks of applicants for noncertified staff positions at public schools); § 6-17-603 (scores on state teacher test); § 6-41-218 (evaluations of handicapped children); § 12-12-515 (child abuse information received from Department of Human Services).

(4) Health and Medical. Ark. Code Ann. § 16-46-105 (records of hospital medical review committees); § 17-80-106 (records compiled pursuant to investigation by various licensing agencies for health care professionals); § 17-90-508 (records of State Board of Optometry pertaining to impaired optometrists); § 17-92-707 (records of State Board of Pharmacy with respect to pharmacists impaired by chemical dependency); § 17-95-104 (reports of physician misconduct submitted to State Medical Board); § 17-95-107 (physician credentialing information obtained by State Medical Board); § 17-95-304 (records compiled pursuant to investigation by State Medical Board); § 20-7-305 (information collected pursuant to Health Data Clearing House Act that identifies individual patients, health care providers, institutions, or health plans, and patient-identifying information collected by Department of Health or Arkansas Center for Health); § 20-9-221 (Department of Health records concerning hospitals and nursing homes); § 20-9-304 (certain records of State Board of Health); § 20-10-210 (certain records of Office of Long Term Care); § 20-10-228 (records involving inspections of licensees by Office of Long Term Care); § 20-10-811 (records involving inspections of home health care agencies by Division of Health Care Facility Services); § 20-13-806 (records of Department of Health under Trauma System Act); § 20-14-506 (personally identifiable information in program for disabled children); § 20-15-203 (Cancer Registry of Arkansas); § 20-16-207 (certain records of Arkansas Reproductive Health Monitoring System); § 20-16-504 (venereal disease records of Department of Health’s Division of Health Maintenance); § 20-16-507 (records that could identify or be used to identify women tested during pregnancy); § 20-17-618 (organ donor registry); § § 20-18-304, 20-18-305 (birth certificates, death certificates, other vital records); § 20-18-704 (putative father registry); § 20-27-1706 (records collected by Child Death Review Panel); § 20-46-103 (certain records of State Board of Health, Arkansas Medical Society); § 20-46-104 (certain records of State Hospital); § 20-78-704 (records of Prenatal & Early Childhood Nurse Home Visitation Program administered by Department of Health).

(5) Insurance. Ark. Code Ann. § 11-9-106 (active investigatory files of Insurance Department’s workers compensation fraud unit); § 23-61-107 (data and reports provided Insurance Commissioner by National Association of Insurance Commissioners); § 23-61-205 (examination and investigation reports of Insurance Commissioner); § 23-61-207 (working papers of Insurance Commissioner); § 23-62-404 (summary of basis for Insurance Commissioner’s decision refusing to issue reinsurance intermediary license); § 23-63-517 (material obtained by Insurance Commissioner under Insurance Holding Company Regulatory Act); § 23-66-507 (documents pertaining to insurance fraud investigations); § 23-67-212 (trade secrets and proprietary information submitted by insurers in connection with rate regulation); § 23-79-511 (records of Comprehensive Health Insurance Pool); § 27-14-414 (“all data and information” received by the Vehicle Insurance Database within the Revenue Division of the Department of Finance and Administration)

(6) Judicial. Ark. Code Ann. § 16-10-404 (records of Judicial Discipline & Disability Commission).

(7) Juveniles. Ark. Code Ann. § 9-27-309 (juvenile court records); § 9-27-347 (probation reports); § 9-27-502 (competency evaluations); § 9-28-208 (court’s report on juvenile committed to Division of Youth Services); § 16-87-216 (records of Juvenile Ombudsman Division of Arkansas Public Defender Commission); § § 16-90-601 to -603, -605 (expunging records of minor non-violent first offenders and minor felony offenders subsequently pardoned).

(8) Law Enforcement. Ark. Code Ann. § 5-55-104 (records obtained by Attorney General, prosecuting attorney, or Department of Human Services under Medicaid Fraud Act); § 12-10-317 (subscriber information regarding “911” calls); § § 12-12-211, 12-12-212, 12-12-1008 to -1011 (Arkansas Crime Information Center); § 12-12-312 (records of State Medical Examiner and crime laboratory, including autopsy reports); § 12-12-913 (information regarding sex and child offenders); § 12-12-1003 (criminal history information collected and maintained by Arkansas Crime Information Center); § § 12-12-1114, 12-12-1115 (DNA information submitted to state crime laboratory); § 12-27-113 (inmate records of Department of Correction); § 12-12-1717 (records concerning abused adults), § 12-27-137 (emergency preparedness plans of Department of Correction); § 14-15-304 (records gathered and created during coroner’s investigation, prior to issuance of final report; medical information remains exempt, except as disclosed in the final report); § 16-82-101 (results of mandatory HIV tests performed on persons convicted of sexual offenses); § 16-85-408 (indictment issued against person not confined); § 16-90-605 (expunging records relating to a conviction for which a person has received a pardon); § 16-90-1104 (law enforcement agency shall not disclose information identifying victim of sex crime, which certain exceptions); § 16-90-1110 (address and telephone number of crime victim or immediate family member); § 16-93-202 (presentence reports, preparole reports, and supervision histories); § 16-93-303 (expunging records of first offenders); § 20-77-907 (records obtained by Department of Human Services and the Attorney General pursuant to Medicaid Fraud False Claims Act).

(9) Library. Ark. Code Ann. § § 13-2-703, 13-2-704 (library patron records).

(10) Local Government. Ark. Code Ann. § 14-14-110 (county records involving personal privacy).

(11) Motor Vehicles. Ark. Code Ann. § 17-1-104 (name, address, and Social Security number on application for noncommercial driver’s license); § 27-14-412 (motor vehicle registration records); § 27-14-414 (“all data and information” received by the Vehicle Insurance Database within the Revenue Division of the Department of Finance and Administration); § 27-19-510 (accident report filed by drivers); § § 27-50-906, 27-50-907 (records of convictions of moving traffic violations).

(12) State Government. Ark. Code Ann. § 2-7-202 (records received by Arkansas Farm Mediation Office); § 2-20-407 (certain records filed with Arkansas Soybean Promotion Board); § 4-28-403 (donor lists obtained by Attorney General from charitable organizations); § 10-3-305 (records of Legislative Council); § 10-4-422 (working papers of Division of Legislative Audit); § 11-2-204 (records of Mediation and Conciliation Service); § 11-9-409 (identity of employee may not be disclosed as part of job safety information system); § 11-9-905 (self-insurance reports submitted to Workers’ Compensation Commission); § 11-10-314 (certain records of Employment Security Department); § 11-10-902 (information on new employees submitted by employers to the Employment Security Department); § 15-4-606 (applications and related documents submitted to Arkansas Economic Development Commission under Industrial Revenue Bond Law); § 15-4-1226 (records obtained by State Bank Department concerning county and regional industrial development companies); § 15-5-409 (applications and supporting documents submitted to Arkansas Development Finance Authority under bond guarantee program); § 15-72-805 (reports submitted to Arkansas Energy Office under Emergency Petroleum Set-Aside Act); § 16-90-711 (certain records submitted by claimants to Crime Victims Reparations Board); § 17-1-104 (Social Security numbers of persons applying for occupational, business, or professional licenses); § 17-14-205 (sample appraisals and other work papers submitted to Appraiser Licensing and Certification Board); § 17-27-313 (criminal background checks of applicants for professional counselor’s license); § 17-86-204 (licensing examinations of State Board of Massage Therapy); § 17-90-101 (reports of malpractice claims submitted by optometrists to State Board of Optometry); § 17-90-508 (records of State Optometry Board pertaining to impaired optometrists); § 17-97-312 (criminal background checks of applicants for psychologist’s license); § 17-103-307 (criminal background checks of applicants for social worker’s license); § 18-28-220 (documents and working papers obtained or compiled by State Auditor and his or her staff in conducting examination under Unclaimed Property Act); § 19-4-105 (audit documentation and preliminary draft of audit reports by Office of Internal Audit, as well as the final report prior to its presentation to the Governor and the state’s chief fiscal officer); § 19-11-235 (information furnished by bidders under Arkansas Purchasing Law); § 19-11-711 (procurement information); § 20-13-1113 (criminal background checks of applicants for EMT certification); § 20-76-433 (records identifying persons participating in programs administered by the Department of Human Services); § 21-11-104 (names of employees who make suggestions under State Employee Suggestion System); § 21-15-105 (criminal background checks of state employees whose work requires direct contact with children); § 23-2-316 (Public Service Commission may withhold records in the public interest); § 23-42-207 (records of State Securities Commissioner, including trial preparation materials of staff attorneys); § 24-4-1003 (records of individual members of State Public Employee Retirement System and Teacher Retirement System).

(13) Taxes. Ark. Code Ann. § 26-18-303 (state tax records filed with Department of Finance & Administration, with certain enumerated exceptions); § 26-51-813 (income tax records and returns); § 26-54-105 (corporate franchise tax reports). The following non-tax information is available from franchise tax reports: the name and address of the corporation; the names of its president, vice president, secretary, treasurer, and controller; the total authorized capital stock with par value; the total issued and outstanding capital stock with par value; and the state of incorporation. Ark. Code Ann. § § 26-18-303(b)(14), 26-54-105(h). In certain circumstances, the identities of delinquent sales taxpayers must be affirmatively published on the Internet. Ark. Code Ann. § 26-18-303(b)(18).

(14) Trade Secrets, Financial Information. Ark. Code Ann. § 2-16-418 (trade secrets and financial information submitted to State Plant Board); § 4-75-605 (records in judicial proceedings); § 4-88-111 (trade secrets and other records obtained by Attorney General’s office); § § 8-4-207, 8-4-308, 8-7-811, 8-7-909 (trade secrets obtained by Commission on Pollution Control & Ecology and Department of Environmental Quality); § 8-7-1012 (records submitted to Department of Labor to substantiate trade secret claim under Public Employees’ Chemical Right to Know Act); § 12-10-318 (proprietary information submitted to CMRS Emergency Telephone Services Board); § 15-4-606 (applications and related documents submitted to Arkansas Economic Development Commission under Industrial Revenue Bond Law); § 15-4-1226 (records obtained by State Bank Department concerning county and regional industrial development companies); § 15-5-409 (loan guarantee applications filed with Arkansas Development Finance Authority); § 17-25-304 (financial records provided to Contractors Licensing Board); § 23-2-316 (proprietary information or trade secrets of regulated utilities submitted to Public Service Commission); § 23-42-207 (financial records of broker-dealers and investment advisers regulated by Securities Commissioner, and trade secrets of any person); § 23-46-101 (bank examination records and reports); § 23-51-187 (certain records of State Bank Department concerning trust companies); § § 23-67-212, 23-67-219 (trade secrets and proprietary information filed with Insurance Commissioner).