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Amendments, Arkansas Constitution
| Arkansas Constitution |
|---|
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| Preamble |
| Articles |
| 1 • 2 • 3 • 4 • 5 • 6 • 7 • 8 • 9 • 10 • 11 • 12 • 13 • 14 • 15 • 16 • 17 • 18 • 19 • 20 • Schedule • Proclamation |
| Amendments |
Amendment 1
- See also: Article 20, Arkansas Constitution
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"Holford" Bonds[1] (Arkansas Constitution, Art. 20 Added) |
Amendments
- Amendment 63, which was approved in November 1984.
Amendment 2
|
Regulation of Carriers[2] (Arkansas Constitution, Art. 17, § 10 Amended) |
Amendments
- Constitutional Amendment 2, which was approved in November 1898.
Amendment 3
|
County Road Tax[3] [Repealed.] |
Amendment 4
|
Sureties on Official Bonds[4] (Arkansas Constitution, Art. 19, § 21 Amended) |
Amendments
- Constitutional Amendment 4, which was approved in November 1900.
Amendment 5
|
Per Diem and Mileage of General Assembly[5] (Arkansas Constitution, Art. 5, § 16 Amended) |
Amendments
- Constitutional Amendment 5, which was added on November, 1912.[6]
Amendment 6
|
Executive Department and Officers[7] (Arkansas Constitution, Art. 6, § 1, Amended and Sections Added) Section:
1. Executive department. 2. Executive power vested in Governor and Lieutenant Governor. The executive power shall be vested in a Governor, who shall hold office for two years; a Lieutenant Governor shall be chosen at the same time and for the same term. The Governor and Lieutenant Governor elected next preceding the time when this section shall take effect shall hold office until and including the second Monday of September, and their successors shall be chosen at the general election in that year. 3. Election of Governor and Lieutenant Governor. The Governor and Lieutenant Governor shall be elected at the times and places of choosing members of the Assembly. The persons respectively having the highest number of votes for Governor and Lieutenant Governor shall be elected, but in case two or more shall have an equal and the highest number of votes for Governor, or for Lieutenant Governor, the two houses of the Legislature at its next annual session shall forthwith, by joint ballot, choose one of the said persons so having an equal and the highest number of votes for Governor or Lieutenant Governor. 4. Lieutenant Governor acting as Governor. In case of the impeachment of the Governor, or his or her removal from office, death, inability to discharge the powers and duties of the said office, or resignation, the powers and duties of the office, shall devolve upon the Lieutenant Governor for the residue of the term, or until the disability shall cease. When the Governor shall, with the consent of the Legislature, be out of the State, in time of war, at the head of a military force thereof, he or she shall continue commander-in-chief of all the military force of the State. 5. Qualifications and duties of Lieutenant Governor - Succession to the governorship. The Lieutenant Governor shall possess the same qualifications of eligibility for the office as the Governor. He shall be President of the Senate, but shall have only a casting vote therein in case of a tie vote. If during a vacancy of the office of Governor, the Lieutenant Governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office or be absent from the State, the President of the Senate shall act as Governor until the vacancy be filled or the disability shall cease; and if the President of the Senate for any of the above causes shall become incapable of performing the duties pertaining to the office of Governor, the Speaker of the Assembly shall act as Governor until the vacancy be filled or the disability shall cease. |
Amendments
- Constitutional Amendment 6, which was added on September 6, 1914.[8]
- Amended by the approval of Arkansas Elected Officials Ethics, Transparency and Financial Reform Amendment, Issue 3 (2014) on November 4, 2014.
- Amended on November 8, 2016, via voter approval of Issue 2.
Amendment 7
|
Initiative and Referendum[9] (Arkansas Constitution, Art. 5, § 1, Amended) |
Amendments
- Constitutional Amendment 7, which was added on November, 1920.[10]
Amendment 8
|
Qualifications of Electors[11] (Arkansas Constitution, Art. 3, § 1, Amended) |
Amendments
- Constitutional Amendment 8, which was added on November, 1920.[12]
Amendment 9
- See also: Article 7, Arkansas Constitution
|
Supreme Court Section:
1. Enlargement - Sitting in division. The Supreme Court shall be composed of five judges, one of whom shall be styled Chief Justice and elected as such, any three of whom shall in every case be necessary to a decision. Provided if it should hereafter become necessary to increase the number of the judges of the Supreme Court, the Legislature may provide for two additional judges and may also provide for the court sitting in divisions under such regulations as may be prescribed by law;provided further, that should the court sit in divisions, in all cases where the construction of the Constitution is involved, the cause shall be heard by the court in banc, and in all cases when a judge of a division dissents from the opinion therein, at the request of the Chief Justice, or such dissenting justice, the cause shall be transferred to the court in banc for its decision.[13] |
Amendments
- Amended by the approval of Arkansas Elected Officials Ethics, Transparency and Financial Reform Amendment, Issue 3 (2014) on November 4, 2014.
Amendment 10
|
Limitation on Legislative and Taxing Power[14] (Arkansas Constitution, Art. 12, § 4, Amended) |
Amendments
- As amended by Constitutional Amendment 10.[15]
Amendment 11
|
School Tax[16] (Arkansas Constitution, Art. 14, § 3, Amended) |
Amendments
- Constitutional Amendment 11, which was approved on October 5, 1926.
Amendment 12
|
Textile Mills, Tax Exemption Cotton mills tax exempt for seven years. All capital invested in a textile mill in this state for the manufacture of cotton and fiber goods in any manner shall be and is hereby declared to be exempt from taxation for a period of seven years from the date of the location of said textile mill.[17] |
Amendment 13
|
[Repealed.][18] |
Amendment 14
|
Local Acts. Local or special acts prohibited - Rights to repeal acts by legislature. The General Assembly shall not pass any local or special act. This amendment shall not prohibit the repeal of local or special acts.[19] |
Amendment 15
|
[Repealed.] |
Amendments
- Repealed by the approval of Arkansas Elected Officials Ethics, Transparency and Financial Reform Amendment, Issue 3 (2014) on November 4, 2014.
Amendment 16
|
Jury Trial[20] (Arkansas Constitution, Art. 2, § 7, Amended) |
Amendments
- Constitutional Amendment 16, which was added on November 6, 1928[21]
Amendment 17
|
[Repealed.][22] |
Amendment 18
|
Tax to Aid Industries. City tax. It being most apparent that factories, industries and transportation facilities are necessary for the development of a community and for the welfare of its inhabitants, a special tax not exceeding five mills on the dollar of all taxable property in cities of the first class located in counties now or hereafter having not less than one hundred five thousand population, in addition to other taxes now provided by law, may be levied in such cities for the period that may be provided by law, when petitioned for by ten per cent of the owners of real property in such city and on consent of a majority of the electors of such city voting on the question. The proceeds of such tax shall be expended by a board of three commissioners, each of whom shall be taxpayer in such city, said commissioners, to serve for such term as may be provided by law without compensation, except actual expenses. One of the commissioners shall be selected by a majority of the judges of the Supreme Court, sitting as a board, one by a majority of the judges of the Circuit, County and Chancery Courts of the county, sitting as a board, and one by a majority of the banks and trust companies located in such city whose representatives shall sit as a board. Where there are two such cities in such county and the tax herein provided for has been voted in each, one board of commissioners may be appointed for both cities if a majority of the boards having the appointive power deem best, and in that event a majority of the banks and trust companies in both cities shall appoint one commissioner, and the proceeds of the tax shall be expended for the benefit of both cities. The proceeds of such tax may be expended as may be provided by law for the purpose of securing the location of factories, industries, river transportation and facilities therefor within and adjacent to such cities or other public purposes, exclusive of charities and those now within the powers of said cities to perform, and expenditures may also be made for advertising such cities and the State, or making secured loans to such factories and industries, or for any other public purpose that may be provided by law, connected with securing the location of such factories and industries and encouraging them. The provisions of this amendment are separable, and if any should be held invalid the remainder shall stand.[23] |
Amendment 19
|
Passage of Laws[24] (Arkansas Constitution, Art. 5, §§ [37]-[41] Added) |
Amendments
- Constitutional Amendment 19, which was added on November 6, 1934.
Amendment 20
|
State Bonds. Bonds prohibited except when approved by majority vote of electors. Except for the purpose of refunding the existing outstanding indebtedness of the State and for assuming and refunding valid outstanding road improvement district bonds, the State of Arkansas shall issue no bonds or other evidence of indebtedness pledging the faith and credit of the State or any of its revenues for any purpose whatsoever, except by and with the consent of the majority of the qualified electors of the State voting on the question at a general election or at a special election called for that purpose.[25] |
Amendment 21
|
Criminal Prosecutions - Salaries of Prosecutors. Section:
1. Prosecution by indictment or information. All offenses heretofore required to be prosecuted by indictment may be prosecuted either by indictment by a grand jury or information filed by the Prosecuting Attorney. 2. Salaries of prosecuting attorneys. The General Assembly of Arkansas shall by law determine the amount and method of payment of salaries of prosecuting attorneys.[26] |
Amendment 22
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Exemption of Homesteads from Certain State Taxes. Section:
1. Homesteads of $1,000.00 assessed valuation exempted from certain taxes. The homestead of each and every resident of the State, whether or not such resident be married or unmarried, male or female, shall be wholly exempt from all state taxes authorized or referred to in Section 8 of Article 16 of the Constitution of Arkansas in all cases where such homestead does not exceed the assessed valuation of one thousand dollars ($1,000.00). Where the assessed valuation of such homestead exceeds one thousand dollars ($1,000.00) this exemption shall apply to the first one thousand dollars ($1,000.00) of such valuation. 2. Legislature authorized to make further exemptions. Within a maximum limit of two thousand five hundred dollars ($2,500.00) and a minimum limit of one thousand dollars ($1,000.00), the legislature is hereby authorized and empowered from time to time to fix the amount of the exemption hereby provided. 3. Legislature to restore tax funds eliminated hereby, and to pass enabling law. It is hereby made the duty of the legislature, and the legislature is hereby directed:
4. No notes or bonds of state impaired hereby. Nothing herein shall ever be construed, applied or administered so as to impair any right of any holder of any bond, note or other obligation heretofore issued or assumed by the state and now outstanding; but this amendment shall in every respect be construed, applied and administered so as fully to protect all the legal rights of all such holders. 5. Amendment in effect, when. After and as soon as, and not before, the legislature shall have fulfilled the requirements of section 3 hereof, this amendment or any legislation enacted in pursuance of section 2, shall be in full force and effect.[27] |
Amendment 23
- See also: Article 8, Arkansas Constitution
|
Apportionment[28] (Arkansas Constitution., Art. 8 Amended) |
Amendments
- Constitutional Amendment 23, which was added on November 3, 1936.[29]
Amendment 24
- See also: Article 7, Arkansas Constitution
|
Probate Courts - Circuit and County Clerks[30] (Arkansas Constitution, Art. 7, §§ 19, 34, 35, Amended) |
Amendments
- Constitutional Amendment 24, which was added on November 8, 1938.[31]
Amendment 25
|
[Repealed.][32] |
Amendment 26
|
Workers' Compensation[33] (Arkansas Constitution, Art. 5, § 32, Amended) |
Amendment
Amended by Constitutional Amendment 26.
Amendment 27
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Exempting New Manufacturing Establishment from Taxation. Power to exempt - Duration. The Governor and the Agricultural and Industrial Commission (or the agency created by law to assist in the industrial development of Arkansas) may investigate and contract with the owners of any new manufacturing or processing establishment to be located in the State, or owners making addition or additions to any manufacturing or processing establishment already located in the State, for the exemption from State property taxation of any such new manufacturing or processing establishment, or any addition or additions to any such existing manufacturing or processing establishment, upon such terms and conditions as the Governor and the said Commission may deem to the best interests of the State; provided, that no exemption from taxes shall be granted under this amendment for a longer period than ten (10) calendar years succeeding the date of any such contract. Any such exemption shall "ipso facto" cease upon violation of the terms and conditions of any contract hereby made.[34] |
Amendment 28
|
Regulating Practice of Law. Supreme Court - Rule making power. The Supreme Court shall make rules regulating the practice of law and the professional conduct of attorneys at law.[35] |
Amendment 29
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Filling Vacancies in Office. Section:
1. Elective offices - Exceptions. Vacancies in the office of United States Senator, and in all elective state, district, circuit, county, and township offices except those of Lieutenant Governor, Member of the General Assembly and Representative in the Congress of the United States, shall be filled by appointment by the Governor. 2. Ineligible persons - Nepotism. The Governor, Lieutenant Governor and Acting Governor shall be ineligible for appointment to fill any vacancies occurring or any office or position created, and resignation shall not remove such ineligibility. Husbands and wives of such officers, and relatives of such officers, or of their husbands and wives within the fourth degree of consanguinity or affinity, shall likewise be ineligible. No person appointed under Section 1 shall be eligible for appointment or election to succeed himself. 3. Violation of amendment - Compensation withheld. No person holding office contrary to this amendment shall be paid any compensation for his services. Any warrant, voucher or evidence of indebtedness issued in payment for such services shall be void. 4. Duration of term of appointee - Election to fill vacancy. The appointee shall serve during the entire unexpired term in the office in which the vacancy 92 occurs if such office would in regular course be filled at the next General Election if no vacancy had occurred. If such office would not in regular course be filled at such next general election the vacancy shall be filled as follows: At the next General Election, if the vacancy occurs four months or more prior thereto, and at the second General Election after the vacancy occurs if the vacancy occurs less than four months before the next General Election after it occurs. The person so elected shall take office on the 1st day of January following his election. 5. Election to fill - Placing names on ballots. Only the names of candidates for office nominated by an organized political party at a convention of delegates, or by a majority of all the votes cast for candidates for the office in a primary election, or by petition of electors as provided by law, shall be placed on the ballots in any election.[36] |
Amendment 30
|
City Libraries. Section:
1. Petition for tax levy - Election. Whenever 100 or more taxpaying electors of any city, having a population of not less than 5,000, shall file a petition with the Mayor asking that an annual tax on real and personal property be levied for the purpose of maintaining and operating a public city library and shall specify a rate of taxation not to exceed five mills on the dollar, the question as to whether such tax shall be levied shall be submitted to the qualified electors of such city at a general or special election. Such petition must be filed at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall be in substantially the following form: For a ________ mill tax on real and personal property to be used for maintenance and operation of a public city library. Against a ________ mill tax on real and personal property to be used for maintenance and operation of a public city library. [As amended by Const. Amend. 72, § 1.] 2. Result of election - Certification and proclamation - Tax levy. The Election Commissioners shall certify to the Mayor the result of the vote, and if a majority of the qualified electors voting on the question at such election vote in favor of the specified tax, then it shall thereafter be continually levied and collected as other general taxes of such city are levied and collected. The result of the election shall be proclaimed by the Mayor. The result so proclaimed shall be conclusive unless attacked in the courts within thirty days. The proceeds of any tax voted for the maintenance of a city public library shall be segregated by the city officials and used only for that purpose. 3. Raising, reducing or abolishing tax - Petition and election.
Whenever 100 or more taxpaying electors of any city having a library tax in force shall file a petition with the Mayor asking that such tax be raised, reduced or abolished, the question shall be submitted to the qualified electors at a general or special election. Such petition must be filed at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall follow, as far as practicable, the form set forth in Section 1 hereof. The result shall be certified and proclaimed, as provided in Section 2 hereof, and the result as proclaimed shall be conclusive unless attacked in the courts within thirty days. Subject to the limitations of Section 5(e) hereof, the tax shall be lowered, raised or abolished, as the case may be, according to the majority of the qualified electors voting on the question of such election. If lowered or raised, the revised tax shall thereafter be continually levied and collected and the proceeds used in the manner and for the purposes as provided in Section 2 hereof. [As amended by Const. Amend. 72, § 2.] 4. Co-ordination of city with county library. Nothing herein shall be construed as preventing a co-ordination of the services of a city public library and a county public library. 5. Petition for tax levy - Election. (a) Whenever 100 or more taxpaying electors of any city, having a population of not less than 5,000, shall file a petition with the Mayor asking that an annual tax on real and personal property be levied for capital improvements to or construction of a public city library and shall specify a rate of taxation not to exceed three mills on the dollar, the question as to whether such tax shall be levied shall be submitted to the qualified electors of such city at a general or special election. Such petition must be filed at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall be in substantially the following form: For a mill tax on real and personal property to be used for capital improvements to or construction of a public city library. Against a mill tax on real and personal property to be used for capital improvements to or construction of a public city library. (b) The electors may authorize the governing body of the city to issue bonds as prescribed by law for capital improvements to or construction of the library and to authorize the pledge of all, or any part of, the tax authorized by this section for the purpose of retiring the bonds. The ballot submitting the question to the voters shall be in substantially the following form: For a mill tax on real and personal property within the city, to be pledged to an issue or issues of bonds not to exceed $ , in aggregate principal amount, to finance capital improvements to or construction of the city library and to authorize the issuance of the bonds on such terms and conditions as shall be approved by the city. Against a mill tax on real and personal property within the city, to be pledged to an issue or issues of bonds not to exceed $ , in aggregate principal amount, to finance capital improvements to or construction of the city library and to authorize the issuance of the bonds on such terms and conditions as they shall be approved by the city. (c) The maximum rate of any special tax to pay bonded indebtedness, as authorized by paragraph (b) hereof shall be stated on the ballot. (d) The special tax for payment of bonded indebtedness authorized in paragraph (b) hereof shall constitute a special fund pledged as security for the payment of such indebtedness. The special tax shall never be extended for any purpose, nor collected for any greater length of time than necessary to retire such bonded indebtedness, except that tax receipts in excess of the amount required to retire the debt according to its terms may, subject to covenants entered into with the holders of the bonds, be pledged as security for the issuance of additional bonds if authorized by the voters. The tax for such additional bonds shall terminate within the time provided for the tax originally imposed. Upon retirement of the bonded indebtedness, any surplus tax collections, which may have accumulated shall be transferred to the general funds of the city, and shall be used for maintenance and operation of the public city library. (e) Notwithstanding any other provision of this amendment, a tax approved by the voters for the purpose of paying the bonded indebtedness shall not be reduced or diminished, nor shall it be used for any other purpose than to pay principal of, premium or interest on, and the reasonable fees of a trustee or paying agent, so long as the bonded indebtedness shall remain outstanding and unpaid. [Added by Const. Amend. 72, § 3; amended by Const. Amend. 89.][37] |
Amendments
Amendment 31
|
Police and Firefighters' Retirement Salaries and Pensions. Section:
1. Election on question - Tax levy. After consent of the majority of those voting on the question at any general or special election in cities of the first or second class, the cities may annually thereafter, levy a tax on the assessed value of real and personal property, not to exceed two mills on the dollar, from which there shall be created a Fund to pay Retirement Salaries and pensions to policemen and firemen theretofore or thereafter earned, and pensions to the widows and minor children of such, as may be provided by law. The annual levy for the Policeman's Retirement Salary and Pension Fund shall not exceed one mill on the dollar, and the annual levy for the Fireman's Retirement Salary and Pension Funds, shall not exceed one mill on the dollar. The manner of such levy of the tax, and the eligibility for the retirement salaries and pensions, the several amounts thereof and when payable, shall be such as may be provided by law.[38] |
Amendment 32
|
County or City Hospitals. Section:
1. Petition for tax levy - Election. Whenever in any county where there is located a public hospital owned by such county or by any municipal corporation therein, whether such hospital be operated by such county or municipal corporation or by a benevolent association as the agent or lessee of such county or municipal corporation, one hundred or more electors of such county shall file a petition with the county judge asking that an annual tax on real and personal property in such county be levied for the purpose of maintaining, operating and supporting such hospital and shall specify a rate of taxation not exceeding one mill on the dollar of the assessed value of real and personal property in the county. The question as to whether such tax shall be levied shall be submitted to the qualified electors of such county at a general election. Such petition must be filed at least thirty days prior to the election at which it will be submitted to the voters. The county judge upon the filing of such petition shall notify the county board of election commissioners thereof and the county board of election commissioners shall cause the question to be placed upon the ballots in substantially the following form: For a ____________ mill tax on real and personal property to be used for maintenance, operation and support of a public hospital. Against a ____________ mill tax on real and personal property to be used for maintenance, operation and support of a public hospital. 2. Result of election - Certification and proclamation - Tax levy. The election commissioners shall certify to the county judge the result of the vote and if a majority of the qualified electors voting on the question at such election vote in favor of the specified tax then it shall thereafter be continually levied and collected as other general taxes of such county are levied and collected. The result of the election shall be proclaimed by the county judge by publication for one insertion in some newspaper published and having a bona fide circulation in such county. The result so proclaimed shall be conclusive unless attacked in the courts within thirty days and after the election it shall not be competent to attack the result thereof on the ground that any signers of the petition were not qualified electors. The proceeds of any tax so voted shall upon the settlement of the collecting officer be paid by the treasurer of the county to the treasurer of such hospital to be used by such treasurer in the maintenance, operation and support of such institution; provided that any county where there may be more than one hospital qualified to receive the proceeds of such tax, the quorum court at its meeting for the purpose of adopting the county's budget, shall provide for the apportionment of the proceeds of said tax between the institutions so qualified according to their respective needs. 3. Raising, reducing or abolishing tax - Petition and election. Whenever one hundred or more electors of any county having a hospital tax in force shall file a petition with the county judge asking that such tax be raised, reduced or abolished, the question shall be submitted to the qualified electors at a general election. Such petition must be filed at least thirty days prior to the election at which it will be submitted to the voters. The ballots shall follow, as far as practicable, the form set out in Section 1 hereof, and the result shall be certified and proclaimed as provided in Section 2 hereof and shall be conclusive in like manner. The tax shall be lowered, raised or abolished as the case may be, according to the majority of qualified electors voting on the question at such election, provided, however, that it shall not be raised to more than one mill on the dollar. If lowered or raised the revised tax shall thereafter be continually levied and collected and the proceeds used in the manner and for the purposes provided in Section 2 hereof. 4. Amendment self executing. This amendment shall be self executing and shall become a part of the constitution of the State of Arkansas when approved by a majority of the electors voting thereon at the next general election.[39] |
Amendment 33
|
Boards and Commissions Governing State Institutions. Section:
1. Term of office of members. The term of office of members of the boards or commissions charged with the management or control of all charitable, penal or correctional institutions and institutions of higher learning of the State of Arkansas, now in existence or hereafter created, shall be five years when the membership is five in number, seven years when the membership is seven in number, and ten years when the membership is ten in number. Such terms of office shall be arranged by the General Assembly to provide a membership with one term of office expiring every year from the effective date of this amendment. The unexpired terms of members serving on the effective date of this amendment shall not be decreased. 2. Abolition or transfer of powers of board or commission - Restrictions. The board or commission of any institution, governed by this amendment, shall not be abolished nor shall the powers vested in any such board or commission be transferred, unless the institution is abolished or consolidated with some other State institution. In the event of abolition or consolidation, the new board or commission shall consist of a membership of five, seven, or ten. 3. Increase or decrease of members of board or commission prohibited. The membership of any such board or commission now in existence shall not be increased or decreased in number after the effective date of this amendment nor shall the number of members of any such board or commission created after this amendment is in operation be increased or decreased subsequent to its creation. 4. Removal of member - Procedure - Appeal. The Governor shall have the power to remove any member of such boards or commissions before the expiration of his term for cause only, after notice and hearing. Such removal shall become effective only when approved in writing by a majority of the total number of the board or commission, but without the right to vote by the member removed or by his successor, which action shall be filed with the Secretary of State together with a complete record of the proceedings at the hearing. An appeal may be taken to the Pulaski Circuit Court by the Governor or the member ordered removed, and the same shall be tried de novo on the record. An appeal may be taken from the circuit court to the Arkansas Supreme Court, which shall likewise be tried de novo. 5. Vacancy - Filling. Any vacancy arising in the membership of such board or commission for any reason other than the expiration of the regular term for which the member was appointed shall be filled by appointment by the Governor, subject to approval by a majority of the remaining members of the board or commission, and to be thereafter effective until the expiration of such regular term.[40] |
Amendment 34
|
Rights of Labor. Section:
1. Discrimination for or against union labor prohibited. No person shall be denied employment because of membership in or affiliation with or resignation from a labor union, or because of refusal to join or affiliate with a labor union; nor shall any corporation or individual or association of any kind enter into any contract, written or oral, to exclude from employment members of a labor union or persons who refuse to join a labor union, or because of resignation from a labor union; nor shall any person against his will be compelled to pay dues to any labor organization as a prerequisite to or condition of employment. 2. Enforcement of amendment - Legislation authorized. The General Assembly shall have power to enforce this article by appropriate legislation.[41] |
Amendment 35
|
Wild Life - Conservation - Arkansas State Game and Fish Commission. Section:
1. Commission created - Members - Powers. The control, management, restoration, conservation and regulation of birds, fish, game and wildlife resources of the State, including hatcheries, sanctuaries, refuges, reservations and all property now owned, or used for said purposes and the acquisition and establishment of same, the administration of the laws now and/or hereafter pertaining thereto, shall be vested in a Commission to be known as the Arkansas State Game and Fish Commission, to consist of eight members. Seven of whom shall be active and one an associate member who shall be the Head of the Department of Zoology at the University of Arkansas, without voting power. 2. Qualifications and appointment of members - Terms of office of first commission. Commissioners shall have knowledge of and interest in wildlife conservation. All shall be appointed by the Governor. The first members of the Commission shall be appointed by the Governor for terms as follows: One for one year, one for two years, one for three years, one for four years, one for five years, one for six years, and one for seven years. Each Congressional District must be represented on the Commission. 3. Term of office of members. Upon the expiration of the foregoing terms of the said Commission, a successor shall be appointed by the Governor for a term of seven years, which term of seven years shall thereafter be for each member of the Commission. No Commissioner can serve more than one term and none can succeed himself. 4. Oath of office - Members serve without compensation - Expenses - Payment. Each Commissioner shall take the regular oath of office provided in the Constitution and serve without compensation other than actual expenses while away from home engaged entirely on the work of the Commission. 5. Removal of members - Hearing - Review and appeal. A Commissioner may be removed by the Governor only for the same causes as apply to other Constitutional Officers, after a hearing which may be reviewed by the Chancery Court for the First District with right of appeal therefrom to the Supreme Court, such review and appeal to be without presumption in favor of any finding by the Governor or the trial court. 6. Vacancies - Filling - Chairman of commission. Vacancies on the Commission due to resignation or death shall be filled by appointment of the Governor for the unexpired term within thirty days from date of such vacancy; upon failure of the Governor to fill the vacancy within thirty days, the remaining Commissioners shall make the appointment for the unexpired term. A chairman shall be elected annually from the seven members of the Commission to serve one year. 7. Executive secretary and other personnel - Selection - Salaries and expenditures. The Commission shall elect an Executive Secretary, whose salary shall not exceed that of limitations placed on other constitutional departments; and other executive officers, supervisor, personnel, office assistants, wardens, game refuge keepers, and hatchery employees, whose salaries and expenditures must be submitted to the Legislature and approved by an Act covering specific items in the appropriation as covered by Article XVI Section 4 of the Constitution. 8. Nepotism prohibited - Powers of arrest - Funds - Use - Purposes - Game Protection Fund - Audit of accounts - Resident hunting and fishing licenses - Powers of commission. No person shall be employed by the Commission who shall be related to any of the Commissioners or any other State officers within the third degree of relationship by blood or marriage. All employed personnel may make arrests for violation of the game and fish laws. The fees, monies, or funds arising from all sources by the operation and transaction of the said Commission and from the application and administration of the laws and regulations pertaining to birds, game, fish and wildlife resources of the State and the sale of property used for said purposes shall be expended by the Commission for the control, management, restoration, conservation and regulation of the birds, fish and wildlife resources of the State, including the purchases or other acquisitions of property for said purposes and for the administration of the laws pertaining thereto and for no other purposes. All monies shall be deposited in the Game Protection Fund with the State Treasurer and such monies as are necessary, including an emergency fund, shall be appropriated by the Legislature at each legislative session for the use of the Game and Fish Commission as hereto set forth. No monies other than those credited to the Game Protection Fund can be appropriated. All money to the credit of or that should be credited to the present Game Protection Fund shall be credited to the new Game Protection Fund and any appropriation made by the Legislature out of the Game Protection Fund shall be construed to be for the use of the new Commission and out of the new Game Protection Fund. The books, accounts and financial affairs of the Commission shall be audited by the State Comptroller as that department deems necessary, but at least once a year. Resident hunting and fishing license, each, shall be One and 50/100 Dollars annually, and shall not exceed this amount unless a higher license fee is authorized by an Act of Legislature. The Commission shall have the exclusive power and authority to issue licenses and permits, to regulate bag limits and the manner of taking game and fish and furbearing animals, and shall have the authority to divide the State into zones, and regulate seasons and manner of taking game, and fish and furbearing animals therein, and fix penalties for violations. No rule or regulations shall apply to less than a complete zone, except temporarily in case of extreme emergency. Said Commission shall have the power to acquire by purchase, gifts, eminent domain, or otherwise, all property necessary, useful or convenient for the use of the Commission in the exercise of any of its duties, and in the event the right of eminent domain is exercised, it shall be exercised in the same manner as now or hereafter provided for the exercise of eminent domain by the State Highway Commission. All laws now in effect shall continue in force until changed by the Commission. All contracts and agreements now in effect shall remain in force until the date of their expiration. This amendment shall not repeal, alter or modify the provisions of any existing special laws under the terms of which a County Game Commission has been created: The Commission shall be empowered to spend such monies as are necessary to match Federal grants under the Pittman-Robertson or similar acts for the propagation, conservation and restoration of game and fish. This amendment shall become effective July 1, 1945.[42] |
Amendments
Amendment 36
|
Poll Tax Exemption. Members of the armed forces of United States. Any citizen of Arkansas, while serving in the armed forces of the United States, may vote in any election, without having paid a poll tax, if otherwise qualified to vote in any such election.[43] |
Amendment 37
|
[Repealed.][44] |
Amendment 38
|
County Libraries. Section:
1. Petition for tax levy - Election. Whenever 100 or more taxpaying electors of any county shall file a petition in the County Court asking that an annual tax on real and personal property be levied for the purpose of maintaining and operating a public county library or a county library service or system and shall specify a rate of taxation not to exceed five mills on the dollar, the question as to whether said tax shall be levied shall be submitted to the qualified electors of such county at a general or special election. Such petition must be filed at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall be in substantially the following form: FOR a ______ mill tax on real and personal property to be used for maintenance and operation of a public county library or county library service or system. AGAINST a ______ mill tax on real and personal property to be used for maintenance and operation of a public county library or county library service or system. [As amended by Arkansas Amendment 72, § 4.] 2. Result of election - Certification - Record - Tax levy - Funds - Disbursement. The election commissioners shall certify to the County Judge the result of the vote. The County Judge shall cause the result of the election to be entered of record in the County Court. The result so entered shall be conclusive unless attacked in the courts within thirty days. If a majority of the qualified electors voting on the question at such election vote in favor of the specified tax, then it shall thereafter be continually levied and collected as other general taxes of such county are levied and collected; provided, however, that such tax shall not be levied against any real or personal property which is taxed for the maintenance of a city library, pursuant to the provisions of Amendment No. 30; and no voter residing within such city shall be entitled to vote on the question as to whether county tax shall be levied. The proceeds of any tax voted for the maintenance of a county public library or county library service or system shall be segregated by the county officials and used only for that purpose.Such funds shall be held in the custody of the County Treasurer. No claim against said funds shall be approved by the County Court unless first approved by the County Library Board, if there is a county Library Board functioning under Act 244 of 1927 [§§ 17-1001 - 17-1011], or similar legislation. 3. Raising, reducing or abolishing tax - Petition and election. Whenever 100 or more taxpaying electors of any county having library tax in force shall file a petition in the County Court asking that such tax be raised, reduced or abolished, the question shall be submitted to the qualified electors at a general or special election. Such petition must be filed at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall follow, as far as practicable, the form set forth in Section 1 hereof. The result shall be certified and entered of record as provided in Section 2 hereof, and the result as entered of record shall be conclusive unless attacked in the courts within thirty days. Subject to the limitations of Section 5(e) hereof, the tax shall be lowered, raised or abolished, as the case may be, according to the majority of qualified electors voting on the question at such election. If lowered or raised, the revised tax shall thereafter be continually levied and collected and proceeds used in the manner and for the purposes as provided in Section 2 hereof. [As amended by Arkansas Amendment 72, § 5.] 4. Co-ordination of county with city library. Nothing herein shall be construed as preventing the co-ordination of the services of a city public library and county public library, or the co-ordination of the services of libraries of different counties. 5. Petition for tax levy - Election. (a) Whenever 100 or more taxpaying electors of any county shall file a petition in the County Court asking that an annual tax on real and personal property be levied for the purpose of capital improvements to or construction of a public county library or a county library service or system and shall specify a rate of taxation not to exceed three mills on the dollar, the question as to whether said tax shall be levied shall be submitted to the qualified electors of such county at a general or special election. Such petition must be filed at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall be in substantially the following form: FOR a mill tax on real and personal property to be used for capital improvements to or construction of a public county library or county library service or system. AGAINST a mill tax on real and personal property to be used for capital improvements to or construction of a public county library or county library service or system. (b) The voters may authorize the County Court to issue bonds as prescribed by law for capital improvements to or construction of the library and to authorize the pledge of all, or any part of, the tax authorized in Section 1 of this Amendment for the purpose of retiring the bonds. The ballot submitting the question to the voters shall be in substantially the following form: For a mill tax on real and personal property within the county, to be pledged to an issue or issues of bonds not to exceed $ , in aggregate principal amount, to finance capital improvements to or construction of the county library or county library service or system, and to authorize the issuance of the bonds on such terms and conditions as shall be approved by the County Court. Against a mill tax on real and personal property within the county, to be pledged to an issue or issues of bonds not to exceed $ , in aggregate principal amount, to finance capital improvements to or construction of the county library or county library service or system, and to authorize the issuance of the bonds on such terms and conditions as shall be approved by the County Court. (c) The maximum rate of any special tax to pay bonded indebtedness, as authorized by paragraph (b) hereof shall be stated on the ballot. (d) The special tax for payment of bonded indebtedness authorized in paragraph (b) hereof shall constitute a special fund pledged as security for the payment of such indebtedness. The special tax shall never be extended for any purpose, nor collected for any greater length of time than necessary to retire such bonded indebtedness, except that tax receipts in excess of the amount required to retire the debt according to its terms may, subject to covenants entered into with the holders of the bonds, be pledged as security for the issuance of additional bonds if authorized by the voters. The tax for such additional bonds shall terminate within the time provided for the tax originally imposed. Upon retirement of the bonded indebtedness, any surplus tax collections, which may have accumulated, shall be transferred to the general funds of the county, and shall be used for maintenance of the county library or county library service or system. (e) Notwithstanding any other provision of this Amendment, a tax approved by the voters for the purpose of paying the bonded indebtedness shall not be reduced or diminished, nor shall it be used for any other purpose than to pay principal of, premium or interest on, and the reasonable fees of a trustee or paying agent, so long as the bonded indebtedness shall remain outstanding and unpaid. [Added by Const. Amend. 72, § 6; amended by Const. Amend. 89.][45] |
Amendments
Amendment 39
|
Voter Registration Laws. Section:
1. Authority to enact registration law. The General Assembly shall have power to enact laws providing for a registration of voters prior to any general, special, or primary election, and to require that the right to vote at any such election shall depend upon such previous registration.[46] |
Amendment 40
- See also: Article 14, Arkansas Constitution
|
School District Tax. |
Amendments
- Constitutional Amendment 11, which was approved on October 5, 1926.[48]
Amendment 41
|
Election of County Clerks. Election of county clerk. The provisions for the election of a county clerk upon a population basis are hereby abolished and there may be elected a county clerk in like manner as a circuit clerk for the term of four (4) years, and in such cases, the County Clerk may be ex officio clerk of the probate court of such county until otherwise provided by the General Assembly.[49] |
Amendments
- Amended on November 8, 2016, via voter approval of Issue 1.
Amendment 42
|
State Highway Commission. Section:
1. Commission created - Members - Powers. There is hereby created a State Highway Commission which shall be vested with all the powers and duties now or hereafter imposed by law for the administration of the State Highway Department, together with all powers necessary or proper to enable the Commission or any of its officers or employees to carry out fully and effectively the regulations and laws relating to the State Highway Department. 2. Qualifications and appointment of members - Terms of office of first commission. Within ten days after the convening of the General Assembly of the State of Arkansas in the year 1953, the Governor, by and with the advice and consent of the Senate, shall appoint five persons who are qualified electors of the State to constitute the State Highway Commission for terms of two, four, six, eight and ten years respectively. The terms of the persons so appointed shall be determined by lot. The Commissioners to be appointed from the State at large; provided, however, that no two Commissioners shall be appointed from any single Congressional District. In the event of rejection by the Senate of a person whose name has been so submitted, the Governor shall within five days after receipt of written notice from the Secretary of the Senate of such rejection submit the name of another appointee to fill such vacancy. In the event the Governor should within five days thereafter fail to appoint or fail to submit to the Senate for confirmation the name of any person to be appointed, the Senate shall proceed to make the appointment of its own choice. 3. Terms of office of members. Upon the expiration of the foregoing terms of said Commissioners, a successor shall be appointed by the Governor in the manner provided for in Section 2 for a term of ten years, which term shall thereafter be for each member of the Commission. 4. Removal of members - Hearing - Review and appeal. A Commissioner may be removed by the Governor only for the same causes as apply to other constitutional officers after a hearing which may be reviewed by the Chancery Court for the First District with right of appeal therefrom to the Supreme Court, such review and appeal to be without presumption in favor of any finding by the Governor or the trial court, and provided further, in addition to the right of confirmation hereinabove reserved to the Senate, the Senate may upon the written request of at least Five (5) of its members that a member or members of the Commission should be removed therefrom, proceed, when in session, to hear any and all evidence pertinent to the reasons for removal. The member or members whose removal is so requested shall be entitled to be heard in the matter and to be represented before the Senate by legal Counsel. These proceedings conducted by the Senate shall be public and a transcript of the testimony so heard shall be prepared and preserved in the journal of the Senate. The taking of evidence either orally or by deposition shall not be bound by the formal rules of evidence. Upon the conclusion of the hearing, the Senate, sitting as a body in executive session, may remove said member or members of the Commission by a majority vote conducted by secret ballot. 5. Vacancies - Filling. Vacancies on the Commission due to resignations, death or removal shall be filled by appointment of the Governor for the unexpired term within thirty days from the date of such vacancy. Upon failure of the Governor to fill the vacancy within thirty days, the remaining Commissioners shall make the appointment for the unexpired term. 6. Director of Highways. The Commission shall appoint a Director of Highways who shall have such duties as may be prescribed by the Commission or by statute.[50] |
Amendment 43
|
[Repealed.][51] |
Amendments
- Repealed by the approval of Arkansas Elected Officials Ethics, Transparency and Financial Reform Amendment, Issue 3 (2014) on November 4, 2014.
Amendment 44
|
[Repealed.][52] |
Amendment 45
- See also: Article 8, Arkansas Constitution
|
Apportionment |
Amendments
- Constitutional Amendment 23, which was added on November 3, 1936.[54]
Amendment 46
|
Horse Racing and Pari-Mutuel Wagering at Hot Springs. Horse racing and pari-mutuel wagering lawful at Hot Springs. Horse racing and pari-mutuel wagering thereon shall be lawful in Hot Springs, Garland County, Arkansas, and shall be regulated by the General Assembly.[55] |
Amendment 47
|
State Ad Valorem Tax Prohibition. State ad valorem tax prohibited. No ad-valorem tax shall be levied upon property by the State.[56] |
Amendment 48
|
[Repealed.][57] |
Amendment 49
|
[Repealed.][58] |
Amendment 50
|
Elections Conducted by Ballot or Voting Machine (Arkansas Constitution, Art. 3, § 3, Repealed and New Sections Added). Section:
1. Repeal of Article III, Section 3. Article III, Section 3, of the Constitution of the State of Arkansas is hereby repealed and the following section is substituted therefor. 2. Elections by ballot or voting machines authorized. All elections by the people shall be by ballot or by voting machines which insure the secrecy of individual votes. 3. [Repealed.] 4. Voting machines. Voting machines may be used to such extent and under such rules as may be prescribed by the General Assembly.[59] |
Amendment 51
|
Voter Registration. Section:
1. Statement of policy. The purpose of this amendment is to establish a system of permanent personal registration as a means of determining that all who cast ballots in general, special and primary elections in this State are legally qualified to vote in such elections, in accordance with the Constitution of Arkansas and the Constitution of the United States. 2. Definitions. As used in this amendment, the terms: 3. Application. No person shall vote or be permitted to vote in any election unless registered in a manner provided for by this amendment. 4. Permanent registration. When a voter is once registered under the provisions of this amendment, it is unnecessary for such voter again to register unless such registration is canceled or subject to cancellation in a manner provided for by this amendment. 5. Duties of registration officials. (a) Voter registration agencies shall distribute mail voter registration applications, provide assistance to applicants in completing voter registration application forms, unless the applicant refuses assistance, and accept completed voter registration application forms for transmittal to the appropriate permanent registrar via the Secretary of State. Voter registration agencies include the following: (1) The Office of Driver Services of the Revenue Division of the Department of Finance and Administration and all State Revenue Offices; 6. Voter registration application forms. (a)(1) The mail voter registration application form may only require identifying information, including signature or mark, and other information, including data relating to previous registration by the applicant, as is necessary to assess the applicant's eligibility and to administer voter registration and other parts of the election process. 7. Registration record files. 8. Voter registration application records and reports. (a)(1) The Office of Driver Services, State Revenue Offices, public assistance agencies, disabilities agencies, and other voter registration agencies shall transmit all completed voter registration applications to the Secretary of State in sufficient time to allow the Secretary of State to transmit the applications to the appropriate permanent registrar no later than ten (10) days after the date of acceptance by the assisting agency. When applications are accepted within five (5) days before the last day of registration for an election, they must be transmitted no later than five (5) days after the date of acceptance at the assisting agency. 9. Application to register. (a) All persons may register who:
(1) Are qualified electors and who have not previously registered; 10. Transfer and change of status. 11. Cancellation of registration. (a) It shall be the duty of the permanent registrar to cancel the registration of voters: 12. Loss or destruction of voter registration records. In the event any Registration Record or File shall become lost or destroyed, the Permanent Registrar shall prepare, from the remaining Files, temporary copies of the registration records if necessary for the conduct of any election. The Permanent Registrar shall send notice of such fact by first-class mail to any voter whose registration record has been lost, destroyed or mutilated in order that such voter may register again. The previous registration shall be canceled at the time of the new registration, and in any event within sixty (60) days after mailing of such notice. [As amended by Acts 1995, No. 947, § 9; 1995, No. 964, § 9.] 13. Fail-safe voting. If a voter presents himself at a polling place on the date of an election but no record of his voter registration can be located by the judges of the election on the precinct voter registration list, such voter shall be permitted to vote only under the conditions set forth in § 7-5-306 or § 7-7- 308. [As amended by Acts 1973, No. 149, §§ 5, 6; 1995, No. 947, § 10; 1995, No. 964, § 10.] 14. Voter registration lists. (a) By the first day of June of each year, and at such other times as may be practicable, all Permanent Registrars shall, and at their discretion at other times may, print or otherwise duplicate and publish lists of registered voters by precincts, and may distribute such lists pursuant to §§ 7-5-105 and 7-5-109. A copy of the most current such list in each precinct shall be furnished the election officials at each precinct at the time the ballot boxes are delivered and such election officials shall post said list at a conspicuous place in the polling area. 15. Penalties. (a) Any person who shall maliciously and intentionally destroy, steal, mutilate or unlawfully detain or obtain any voter registration form or any Registration Record Files shall be guilty of a felony, and upon conviction thereof shall be fined in the sum of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00), or be imprisoned in the State Penitentiary for a period of not less than one (1) year nor more
than five (5) years, or both. 16. Severability. If any provision of this amendment or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the amendment which can be given effect without the invalid provision or application, and to this end the provisions of this amendment are declared to be severable. 17. Effect on other laws. This amendment supersedes and repeals the requirement of Amendment No. 8 that a poll tax receipt be presented prior to registration or voting, and further supersedes and repeals Act 19 of 1964 and all other laws or parts of laws in conflict herewith. 18. Appropriations. The General Assembly shall make such appropriations as may be required for the effectuation of this amendment. 19. Amendment. The General Assembly may, in the same manner as required for amendment of laws initiated by the people, amend Sections 5 through 15 of this amendment, so long as such amendments are germane to this amendment, and consistent with its policy and purposes. 20. Short title. This amendment shall be known as the "Arkansas Amendment for Voter Registration without Poll Tax Payment."[60] |
Amendment 52
|
Community Colleges. Section:
1. General Assembly may establish districts to furnish community college instruction and technical training. The General Assembly may by law provide for the establishment of districts for the purpose of providing community college instruction and technical training. The General Assembly shall prescribe the method of financing such community college and technical institutes, and may authorize the levy of a tax upon the taxable property in such districts for the acquisition, construction, reconstruction, repair, expansion, operation, and maintenance of facilities therefor. 2. Prior approval of majority of qualified voters in proposed district required. No such district shall be created and no such tax shall be levied upon the property in an established district except upon approval of a majority of the qualified electors of such proposed or established district voting thereon. Provided that any millage so approved by the electors of a district shall be a continuing levy until increased, reduced or repealed in such manner as may be provided by law, providing they shall ever remain a community college and shall never be extended into four-year institutions.[61] |
Amendment 53
|
Free School System. (Arkansas Constitution, Art. 14, § 1, Amended).[62] |
Amendments
- Amendment 53, which was approved via voter approval on November 5, 1968.[63]
Amendment 54
|
Purchase of Printing, Stationery and Supplies. Section:
1. Contracts given to lowest responsible bidder. The printing, stationery, and supplies purchased by the General Assembly and other departments of government shall be under contracts given to the lowest responsible bidder, below such maximum price and under such regulations as shall be prescribed by law. No member or officer of any department of government shall in any way be interested in such contracts.[64] |
Amendment 55
|
Revision of County Government. Section:
1. Power of quorum court. (a) A county acting through its Quorum Court may exercise local legislative authority not denied by the Constitution or by law. (b) No county may declare any act a felony or exercise any authority not relating to county affairs. (c) A county may, for any public purpose, contract, cooperate, or join with any other county, or with any political subdivisions of the State or any other states or their political subdivisions, or with the United States. 2. Composition of quorum court - Power over elective offices. (a) No county's Quorum Court shall be comprised of fewer than nine (9) justices of the peace, nor comprised of more than fifteen (15) justices of the peace. The number of justices of the peace that comprise a county's Quorum Court shall be determined by law. The county's Election Commission shall, after each decennial census, divide the county into convenient and single member districts so that the Quorum Court shall be based upon the inhabitants of the county with each member representing, as nearly as practicable, an equal number thereof. (b) The Quorum Court may create, consolidate, separate, revise, or abandon any elective county office or offices except during the term thereof provided, however, that a majority of those voting on the question at a general election have approved said action. 3. Power of county judge. The County Judge, in addition to other powers and duties provided for by the Constitution and by law, shall preside over the Quorum Court without a vote but with the power of veto; authorize and approve disbursement of appropriated county funds; operate the system of county roads; administer ordinances enacted by the Quorum Court; have custody of county property; hire county employees, except those persons employed by other elected officials of the county. 4. Powers of quorum court. In addition to other powers conferred by the Constitution and by law, the Quorum Court shall have the power to override the veto of the County Judge by a vote of three-fifths of the total membership; fix the number and compensation of deputies and county employees; fill vacancies in elective county offices; and adopt ordinances necessary for the government of the county. The Quorum Court shall meet and exercise all such powers as provided by law. 5. Compensation of county officers fixed by quorum court. Compensation of each county officer shall be fixed by the Quorum Court within a minimum and maximum to be determined by law. Compensation may not be decreased during a current term; provided, however, during the interim, from the date of adoption of this Amendment until the first day of the next succeeding month following the date of approval of salaries by the Quorum Court, salaries of county officials shall be determined by law. Fees of the office shall not be the basis of compensation for officers or employees of county offices. Per diem compensation for members of the Quorum Court shall be fixed by law. 6. Bonding of county officers. All County Officers shall be bonded as provided by law.[65] |
Amendment 56
|
Constitutional Officers - General Assembly. Section:
1. Executive department - Composition. The Executive Department of this State shall consist of a Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, Attorney General, and Commissioner of State Lands, all of whom shall keep their offices at the seat of government, and hold their offices for the term of two (2) years, and until their successors are elected and qualified. 2. [Repealed.] 3. [Repealed.] 4. Compensation of municipal officers. Compensation of municipal officers and officials shall be fixed by the governing body of the municipality, not to exceed limits which may be established by law.[66] |
Amendment 57
|
Intangible Personal Property. Section:
1. Intangible personal property - Assessment and taxation. The General Assembly may classify intangible personal property for assessment at lower percentages of value than other property and may exempt one or more classes of intangible personal property from taxation, or may provide for the taxation of intangible personal property on a basis other than ad valorem. 2. Effect on other constitutional provisions. The provisions of this Amendment shall be in lieu of those provisions of Article 16, Section 5 of the Constitution of the State of Arkansas relating to the assess ment and taxation of intangible personal property.[67] |
Amendment 58
|
[Repealed.][68] |
Amendment 59
|
Taxation. (Arkansas Constitution, Art. 16, § 5 Repealed; §§ 5, 14, 15, 16 Added).[69] |
Amendments
- Amendment 59, which was added on November 4, 1980.[70]
Amendment 60
|
1982 Interest Rate Control Amendment. (Arkansas Constitution, Art. 19, § 13, Amended).[71] |
Amendments
- Constitutional Amendment 60, which was approved in November 1982, and by Arkansas Issue 2 in 2010.
Amendment 61
|
County Road Tax. County quorum courts may annually levy a county road tax not to exceed three (3) mills on the dollar on all taxable real and personal property within their respective counties. Revenues derived from the county road tax shall be used for the sole purpose of constructing and repairing public roads and bridges within the county wherein levied. The authority granted by this amendment shall be in addition to all other taxing authority of the county quorum courts.[72] |
Amendment 62
|
Local Capital Improvement Bonds. Section:
1. Local capital improvement bonds authorized - Election - Taxes - Limit on indebtedness - Suspension of tax levy. (a) The legislative body of a municipality or county, with the consent of a majority of the 129 qualified electors voting on the question at an election called for that purpose, may authorize the issuance of bonds for capital improvements of a public nature, as defined by the General Assembly, in amounts approved by a majority of those voting on the question either at an election called for that purpose or at a general election. The General Assembly shall prescribe a uniform method of calling and holding such elections and the terms upon which the bonds may be issued. If more than one purpose is proposed, each shall be stated separately on the ballot. The election shall be held no earlier than thirty (30) days after it is called by the legislative body. The tax to retire the bonds may be an ad valorem tax on real and personal property. Other taxes may be authorized by the General Assembly or the legislative body to retire the bonds. (b) The limit of the principal amount of bonded indebtedness of the municipality or county which may be outstanding and unpaid at the time of issuance of any bonds secured by a tax on real or personal property, except for bonds issued for economic development projects pursuant to Section 2 hereof, shall be a sum equal to ten percent (10%) for a county or twenty percent (20%) for a municipality of the total assessed value for tax purposes of real and personal property in the county or municipality, as determined by the last tax assessment. (c) The municipality or county may from time to time, suspend the collection of a levy, when not required for the payment of its bonds, subject to the covenants with the bondholders. (Amended by Amend. 89.) 2. Issuance of bonds to secure and develop industry - Levy of tax - Suspension of collection - Limit on tax levy. (a) In addition to the authority for bonded indebtedness set forth in Section 1, any municipality or county may, with the consent of the majority of the voters voting on the question at an election held for that purpose, issue bonds in sums approved by such majority at that election for the purpose of financing economic development projects within or near the county or municipality holding the election. (b) To provide for payment of principal and interest of the bonds issued pursuant to the section, as they mature, the municipality or county may levy a special tax, not to exceed five (5) mills on the dollar of the taxable real a nd personal property therein. However, the municipality or county may, from time to time, suspend the collection of such annual levy when not required for the payment of its bonds. In no event shall any parcel of real and personal taxable property be subject to a special tax levied under the authority of this Section in excess of five (5) mills for bonds issued under this Section. (c) Other taxes may be authorized by the General Assembly or the legislative body to retire the bonds. (d) As used in this section:
(e) The General Assembly, by a three-fourths vote of each house, may amend the provisions of subsection (d) of this section so long as the amendments are germane to this section and consistent with its policy and purposes. 3. Repealed 4. Maximum rate of tax stated on ballot - Borrowing prior to issuance of bonds. The maximum rate of any special tax to pay bonded indebtedness as authorized in Sections 1 and 2 hereof shall be stated on the ballot. After such bond issue has been approved by the electorate, the municipality or county may, prior to the issuance of the bonds, borrow funds on an interim basis, not to exceed three (3) years, and pledge to the payment thereof the tax approved by the voters. 5. Special tax constitutes special fund - Disbursement of surplus. The special tax for payment of bonded indebtedness authorized in Sections 1 and 2 hereof shall constitute a special fund pledged as security for the payment of such indebtedness. The special tax shall never be extended for any other purpose, nor collected for any greater length of time than necessary to retire such bonded indebtedness. Upon retirement of the bonded indebtedness, any surplus tax collections which may have accumulated shall be transferred to the general funds of the municipality or county. 6. Conduct of elections. The General Assembly may enact laws governing the conduct of elections authorized by this Amendment. Absent the enactment of such laws, such elections shall be held, called and conducted in accordance with the laws governing elections generally. The results of such election shall be published in a news paper of general circulation in the county or municipality (as the case may be) and any contest of such election or the tabulation of the votes therein shall be brought within thirty (30) days after such publication or shall be forever barred. 7. Provisions self-executing. The provisions of this Amendment shall be self-executing. 8. Taxes levied and bonds authorized prior to amendment. Taxes levied prior to the effective date of this Amendment shall continue in force until abolished, reduced, or increased as provided by law. All bonds and other evidences of indebtedness authorized prior to the effective date of this Amendment shall be governed by the Constitutional provision and laws in effect at the time of authorization. 9. Joint project of various governing bodies - Compact agreement elections. Whenever two or more cities of the First or Second Class, or incorporated towns, and/or one or more counties and the school districts therein, desire to join together in a combined effort to secure and develop economic development projects with in one or more of such cities, towns, counties, and share in the increased revenues estimated to be received by the city, town, or county, or school district, in which the economic development project or projects are to be located, they may, upon adoption by the governing bodies of each such city, town, school district, or county, enter into a compact setting forth the terms by which each of the participating cities, towns, school districts, and counties is to share in the revenues to be derived from the location of an economic development project within the compact area through the combined efforts of the various participating cities, towns, school districts, and counties. Upon adoption of such compact by the governing bodies of the participating cities, towns, school districts, and/or counties, the county court of each of the counties involved shall cause a special election to be called within not more than forty-five(45) days from the date of the filing of such compact with the county court. At such special election, the qualified electors of each of the cities, towns, school districts, and counties shall vote on whether to approve the compact and the method of sharing in increased revenues to be derived by the city, school district, and/or county in which the proposed economic development project is to be located among the various participating cities, towns, counties, and school districts. The ballot at such election shall be in substantially the following form: "FOR the establishment of an economic development compact and the sharing of revenues to be derived from additional taxes to be generated by new economic development projects AGAINST the establishment of an economic development compact and the sharing of revenues to be derived from additional taxes to be generated by new economic development projects" Said election shall be conducted in accordance with the election laws of this State, and the results thereof tabulated and certified to the County Clerk in the manner now provided by law. If a majority of the qualified electors voting on the question vote in favor of the creation of the compact, and the sharing of revenues to be derived from new economic development projects located in the compact area, the said compact shall be implemented in accordance with the terms thereof. If a majority of the qualified electors voting on said issue vote against issue at said special election, no additional election on said issue may be held within one (1) year from the date of said election. The results of said election shall be proclaimed by the county court of each of the counties in which the county and/or cities and towns, or school districts, are located. The results of said election shall be conclusive unless attacked in the courts within thirty (30) days. (b) As used in this section:
(c) The General Assembly, by a three-fourths vote of each house, may amend the provisions of subsection (b) of this section so long as the amendments are germane to this section and consistent with its policy and purposes.[73] |
Amendments
- Amended on November 8, 2016, via voter approval of Issue 3.
Amendment 63
|
Four Year Terms for State Constitutional Officers. Section:
1. Executive Department - Term of office. The Executive Department of this State shall consist of a Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, Attorney General and Commissioner of State Lands, all of whom shall keep their offices at the seat of government, and hold their offices for the term of four (4) years, and until their successors are elected and qualified.[74] |
Amendment 64
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[Repealed.][75] |
Amendment 65
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Revenue Bonds. Section:
1. Issuance - Terms and conditions. Subject to the provisions of Section 2 hereof, any governmental unit, pursuant to laws heretofore or hereafter adopted by the General Assembly, may issue revenue bonds for the purpose of financing all or a portion of the costs of capital improvements of a public nature, facilities for the securing and developing of industry or agriculture, and for such other public purposes as may be authorized by the General Assembly. Such bonds may bear such terms, be issued in such manner, and be subject to such conditions, all as may be authorized by the General Assembly; and the General Assembly may, but shall not be required to, condition the issuance of such bonds upon an election. 2. Purpose of issuance. (a) No revenue bonds shall be issued by or on behalf of any governmental unit if the primary purpose of the bonds is to loan the proceeds of the bonds, or to lease or sell the facilities financed with the proceeds of the bonds, to one or more private business users for shopping centers or other establishments engaged in the sale of food or goods at retail. (b) No revenue bonds shall be issued by or on behalf of any governmental unit without the consent of a majority of the qualified electors voting on the question at an election held in accordance with state law if the primary purpose of the bonds is to loan the proceeds of the bonds, or to lease or sell the facilities financed with the proceeds of the bonds, to one or more private business users for hotels or motels, rental or professional office buildings, or facilities for recreation or entertainment. 3. Definitions. (a) The term "revenue bonds" as used herein shall mean all bonds, notes, certificates or other instruments or evidences of indebtedness the repayment of which is secured by rents, user fees, charges, or other revenues (other than assessments for local improvements and taxes) derived from the project or improvements financed in whole or in part by such bonds, notes, certificates or other instruments or evidences of indebtedness, from the operations of any governmental unit, or from any other special fund or source other than assessments for local improvements and taxes. (b) The term "governmental unit" as used here in shall mean the State of Arkansas; any county, municipality, or other political subdivision of the State of Arkansas; any special assessment or taxing district established under the laws of the State of Arkansas; and any agency, board, commission, or instrumentality of any of the foregoing. 4. Authority exclusive - Interest - Initiative and referendum. This amendment shall be the sole authority required for the authorization, issuance, sale, execution and delivery of revenue bonds authorized hereby. Nothing herein shall be construed to impair the initiative and referendum powers reserved to the people under Amendment No. 7 to the Constitution of the State of Arkansas. (Amended by Const. Amend. 89.) [76] |
Amendments
Amendment 66
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Judicial Discipline And Disability Commission. (a) Commission: Under the judicial power of the State, a Judicial Discipline and Disability Commission is established and shall be comprised of nine persons: three justices or judges, appointed by the Supreme Court; three licensed attorneys in good standing who are not justices or judges, one appointed by the Attorney General, one by the President of the Senate, and one by the Speaker of the House; and three members appointed by the Governor. The members appointed by the Governor shall not be justices or judges, retired justices or judges, or attorneys. Alternate members shall be selected and vacancies filled in the same manner. (b) Discipline, Suspension, Leave, and Removal: The Commission may initiate, and shall receive and investigate, complaints concerning misconduct of all justices and judges, and requests and suggestions for leave or involuntary disability retirement. Any judge or justice may voluntarily request that the Commission recommend suspension because of pending disciplinary action or leave because of a mental or physical disability. Grounds for sanctions imposed by the Commission or recommendations made by the Commission shall be violations of the professional and ethical standards governing judicial officers, conviction of a felony, or physical or mental disability that prevents the proper performance of judicial duties. Grounds for suspension, leave, or removal from office shall be determined by legislative enactment. (c) Discipline: If, after notice and hearing, the Commission by majority vote of the membership determines that grounds exist for the discipline of a judge or justice, it may reprimand or censure the judge or justice, who may appeal to the Supreme Court. The Commission may, if it determines that grounds exist, after notice and hearing, and by majority vote of the membership, recommend to the Supreme Court that a judge or justice be suspended, with or without pay, or be removed, and the Supreme court, en banc, may take such action. Under this amendment, a judge who also has executive or legislative responsibilities shall be suspended or removed only from judicial duties. In any hearing involving a Supreme Court justice, all Supreme Court justices shall be disqualified from participation. (d) Leave and Retirement: If, after notice and hearing, the Commission by majority vote of the 130 membership determines that a judge or justice is unable because of physical or mental disability to perform the duties of office, the Commission may recommend to the Supreme Court that the judge or justice be granted leave with pay or be retired, and the Supreme Court, en banc, may take such action. A judge or justice retired by the Supreme Court shall be considered to have retired voluntarily as provided by law. (e) Vacancies: Vacancies created by suspension, the granting of leave or the removal of a judge or justice, or vacancies created by disqualification of justices, shall be filled as provided by law. (f) Rules: The Supreme Court shall make procedural rules implementing this amendment and setting the length of terms on the Commission. (g) Cumulative Nature: This amendment is alternative to, and cumulative with, impeachment and address authorized by this Constitution.[77] |
Amendment 67
- See also: Article 7, Arkansas Constitution
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Jurisdiction of Matters Relating to Juveniles and Bastardy. The General Assembly shall define jurisdiction of matters relating to juveniles (persons under eighteen (18) years of age) and matters relating to bastardy and may confer such jurisdiction upon chancery, circuit or probate courts, or upon separate divisions of such courts, or may establish separate juvenile courts upon which such jurisdiction may be conferred, and shall transfer to such courts the jurisdiction over bastardy and juvenile matters now vested in county courts by Section 28 of Article 7 of this Constitution.[78] |
Amendment 68
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Abortion. Section:
1. Public funding. No public funds will be used to pay for any abortion, except to save the mother's life. 2. Public policy. The policy of Arkansas is to protect the life of every unborn child from conception until birth, to the extent permitted by the Federal Constitution. 131 3. Effect of amendment. This amendment will not affect contraceptives or require an appropriation of public funds.[79] |
Amendment 69
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Repeal of Amendment 44 (Protection of States' Rights).[80] |
Amendments
Amendment 70
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Executive Department and General Assembly Salaries - Restrictions on Expense Reimbursements. Section:
1. Executive Department and General Assembly - Restrictions on reimbursements. (a) No official of the Executive Department shall be reimbursed by the State of Arkansas for any expenses except those reasonably connected to their official duties and only if such reimbursement is made for documented expenses actually incurred and from the regular budget appropriated for the official's office. Such restrictions on expense reimbursement are of a general application and also are intended specifically to prohibit the appropriation and use of public relations funds. Except as provided in this Constitution, such officials of the Executive Department shall not receive any other income from the State of Arkansas, whether in the form of salaries or expenses. (b) Except as provided this Constitution, no member of the General Assembly shall receive any other income for service in the General Assembly, whether in the form of salaries or expenses, including, but not limited to, public relations funds. Provided further, that no member of the General Assembly shall be entitled to per diem unless authorized by law, or to reimbursement for expenses or mileage unless authorized by law, documented, and reasonably related to their official duties. 2. Additional Constitutional amendments authorized. In addition to the three amendments to the Constitution allowed pursuant to Article 19, § 22, either branch of the General Assembly at a regular session thereof may propose an amendment to the Constitution to change the salaries for the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer of State, Commissioner of State Lands, and Auditor of State and for members of the General Assembly. If the same be agreed to by a majority of all members elected to each house, such proposed amendment shall be entered on the journals with the yeas and nays, and published in at least one newspaper in each county, where a newspaper is published, for six months immediately preceding the next general election for Senators and Representatives, at which time the same shall be submitted to the electors of the State for approval or rejection. If a majority of the electors voting at such election adopt the amendment the same shall become a part of this Constitution. Only one amendment to the Constitution may be referred pursuant to this section. 3. Effective date. The provisions of this amendment shall be effective on January 1, 1993. 4. Repeal of Amendment 56, Sections 2 and 3. Section 2 and Section 3 of Amendment 56 to the Arkansas Constitution are hereby repealed.[81] |
Amendments
- Amendment 56
- Amended by the approval of Arkansas Elected Officials Ethics, Transparency and Financial Reform Amendment, Issue 3 (2014) on November 4, 2014.
Amendment 71
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Personal Property Taxes. Section:
1. Exemption from ad valorem taxes. Items of household furniture and furnishings, clothing, appliances, and other personal property used within the home, if not held for sale, rental, or other commercial or professional use, shall be exempt from all ad valorem taxes levied by any city, county, school district, or other taxing unit in this state. 2. Motor vehicles - Procedures for assessment and collection. In addition to the method established by law for assessing and collecting real and personal property taxes, the General Assembly may establish special procedures, in lieu thereof, for the assessment and collection of annual personal property taxes on motor vehicles, owned by individuals, at the time of issuance or renewal of the registration and the license thereof. Personal property taxes collected on motor vehicles under such procedures shall be based value of the vehicles determined at the time the tax is paid, computed at the rate of personal property taxes levied during the preceding November, in the manner provided by law, in the taxing units in which the owner of the motor vehicle resides, or in which the motor vehicle is regularly located and assessed, and the taxpayer shall not be required to pay ad valorem taxes upon such motor vehicle based on the assessment for the previous year. In no event may more than one year's personal property taxes be collected on the same vehicle in the same year. Personal property taxes collected on motor vehicles under such procedures shall be remitted to the counties in which due, for distribution, as re venues of the year in which collected, to the respective taxing units in the manner provided by law. 3. Supersession of Article 16, Section 5. The provisions of this amendment shall be in lieu of those provisions of Article 16, Section 5 of the Constitution of the State of Arkansas relating to the assessment and taxation of tangible personal property. 4. Effective date. This amendment shall be in effect from and after January 1, 1993.[82] |
Amendments
Amendment 72
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City and County Library Amendment. (Arkansas Constitutional Amendments 30 and 38, §§ 1 and 3, Amended, Arkansas Constitutional Amendments 30 and 38, § 5, Added).[83] |
Amendments
Amendment 73
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Arkansas Term Limitation Amendment. Preamble: The people of Arkansas find and declare that elected officials who remain in office too long become preoccupied with re-election and ignore their duties as representatives of the people. Entrenched incumbency has reduced voter participation and has led to an electoral system that is less free, less competitive, and less representative than the system established by the Founding Fathers. Therefore, the people of Arkansas, exercising their reserved powers, herein limit the terms of elected officials. Section:
1. Executive Branch. (a) The Executive Department of this State shall consist of a Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, Attorney General, and Commissioner of State Lands, all of whom shall keep their offices at the seat of government, and hold their offices for the term of four years, and until their successors are elected and qualified. (b) No elected officials of the Executive Department of this State may serve in the same office more than two such four year terms. 2. Legislative Branch. (a) The Arkansas House of Representatives shall consist of members to be chosen every second year by the qualified electors of the several counties. (b) The Arkansas Senate shall consist of members to be chosen every four years by the qualified electors of the several districts. (c)(1)(A) Except as provided in subdivision (c)(1)(E) of this section, a person first elected as a member of the General Assembly before January 1, 2021, shall serve no more than sixteen (16) years, whether consecutive or nonconsecutive. (2)(B) A member first elected as a member of the General Assembly before January 1, 2021, who completes his or her sixteenth year of service during a term of office for which he or she has been elected may serve until the completion of that term of office. (C) The years of service in both the Senate and the House of Representatives shall be added together and included to determine the total number of years in office of a member of the General Assembly first elected as a member of the General Assembly before January 1, 2021. (D) A partial legislative term served as a result of a special election under Article 5, § 6, or a two-year term served as a result of apportionment of the Senate shall not be included in calculating the total number of years served by a member of the General Assembly first elected as a member of the General Assembly before January 1, 2021. (E)(i) A person who has served sixteen (16) or more years in the General Assembly under subdivision (c)(1) of this section shall not be eligible for subsequent service in the General Assembly until four (4) years after the expiration of the last term of office in the General Assembly for which he or she was elected.
(2)(A)(i) A person first elected as a member of the General Assembly on or after January 1, 2021, shall serve no more than twelve (12) consecutive years.
(B) A member first elected to the General Assembly on or after January 1, 2021, who completes his or her twelfth consecutive year of service during a term of office for which he or she has been elected may serve until the completion of that term of office. (C) Consecutive years of service in both the Senate and the House of Representatives shall be added together and included to determine the total number of consecutive years in office of a member first elected to the General Assembly on or after January 1, 2021.
3. Congressional Delegation. (a) Any person having been elected to three or more terms as a member of the United States House of Representatives from Arkansas shall not be certified as a candidate and shall not be eligible to have his/her name placed on the ballot for election to the United States House of Representatives from Arkansas. (b) Any person having been elected to two or more terms as a member of the United States Senate from Arkansas shall not be certified as a candidate and shall not be eligible to have 135 his/her name placed on the ballot for election to the United States Senate from Arkansas. 4. Severability. The provisions of this Amendment are severable, and if any should be held invalid, the remainder shall stand. 5. Provisions Self-executing. Provisions of this Amendment shall be self-executing. 6. Application. (a) This Amendment to the Arkansas Constitution shall take effect and be in operation on January 1, 1993, and its provisions shall be applicable to all person thereafter seeking election to the offices specified in this Amendment. (b) All laws and constitutional provisions which conflict with this Amendment are hereby repealed to the extent that they conflict with this amendment.[84] |
Amendments
- Amended by the approval of Amendment 4 in 1992. However, Section 3 of Amendment 73 was ruled unconstitutional by the Supreme Court in U.S. Term Limits, Inc. v. Thornton (1995). As of 2020, the language remained in the state constitution.[85]
- Amended by the approval of Arkansas Elected Officials Ethics, Transparency and Financial Reform Amendment, Issue 3 (2014) on November 4, 2014.
- Amended by the approval of Issue 2 on November 3, 2020.
Amendment 74
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School tax - Budget - Approval of tax rate. (Arkansas Constitution, Art. 14, § 3, as amended by Arkansas Constitution Amendment 11 and Arkansas Constitutional Amendment 40, amended).[86] |
Amendments
- Amendment 74, which was approved via voter approval on November 5, 1996.[87]
Amendment 75
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Environmental enhancement funds. Section:
1. Statement of purpose. The people of the State of Arkansas find that fish, wildlife, parks, tourism and natural heritage constitute a major economic and natural resource of the state and they desire to provide additional funds to the Arkansas Game and Fish Commission, the Department of Parks and Tourism, the Department of Heritage and Keep Arkansas Beautiful. 2. Excise tax levied. (a) There is hereby levied an additional excise tax of one-eighth of one percent (1/8 of 1%) upon all taxable sales of property and services subject to the tax levied by the Arkansas Gross Receipts Act (Arkansas Code § 26- 52-101 et seq.), and such tax shall be collected, reported, and paid in the same manner and at the same time as is prescribed by law for the collection, reporting and payment of all other Arkansas gross receipts taxes. (b) There is hereby levied an additional excise tax of one-eighth of one percent (1/8 of 1%) upon all tangible personal property subject to the tax levied by the Arkansas Compensating Tax Act (Arkansas Code § 26-53-101 et seq.), and such tax shall be collected, reported, and paid in the same manner and at the same time as is prescribed by law for the collection, reporting and payment of Arkansas compensating taxes. 3. Use of proceeds. (a) Notwithstanding any provision of Amendment 35 or any other provision of the Arkansas Constitution to the contrary, forty-five percent (45%) of all monies collected from the tax levied herein shall be deposited in the State Treasury as special revenues and credited to the Game Protection Fund to be used exclusively by the Arkansas Game and Fish Commission, as appropriated by the General Assembly. (b) Forty-five percent (45%) of all monies collected from the tax levied herein shall be deposited in the State Treasury as special revenues and credited to the Department of Parks and Tourism Fund Account to be used by the Department of Parks and Tourism for state park purposes, as appropriated by the General Assembly. (c) Nine percent (9%) of all monies collected from the tax levied herein shall be deposited in the State Treasury as special revenues and credited to the Arkansas Department of Heritage Fund Account to be used exclusively by the Department of Heritage as appropriated by the General Assembly. (d) One percent (1%) of all monies collected from the tax levied herein shall be deposited in the State Treasury as special revenues and credited to the Keep Arkansas Beautiful Fund Account, which is hereby created on the books of the State Treasurer, State Auditor and the Chief Fiscal Officer of the State, to be used exclusively by Keep Arkansas Beautiful, as appropriated by the General Assembly. 4. Administrative procedures. (a) The General Assembly shall provide for the proper administration and enforcement of this amendment by law. (b) Unless the General Assembly provides another procedure by law, the provisions of the Arkansas Tax Procedure Act, Sections 26-18-101 et seq., shall so far as practicable be applicable to the tax levied by this amendment and the reporting, remitting and enforcement of the tax.[88] |
Amendment 76
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The Congressional Term Limits Amendment of 1996. (Arkansas Constitutional Amendment 73, § 3, amended). Section:
1. Congressional Delegation (Const. Amend. 73, § 3 amended). Section 3 of Amendment 73 to the Arkansas Constitution is hereby amended to add to the current language the following subsections: (c) The foregoing provisions in sections (a) and (b) shall be revived upon passage of appropriate federal laws. (d) It is the official position of the people of the State of Arkansas that all of our elected officials should vote to enact, by amendment to the United States Constitution, term limits for members of the United States Congress that are not longer than: three (3) two-year terms in the United States House of Representatives, nor two (2) six-year terms in the United States Senate, respectively. (e) It is the will of the people of the State of Arkansas that the following amendment be added to the United States Constitution: "Congressional Term Limits Amendment "Section A. No person shall serve in the office of United States Representative for more than three terms, but upon ratification of the Congressional Term Limits Amendment no person who has held the office of United States Representative or who then holds the office shall serve for more than two additional terms. "Section B. No person shall serve in the office of United States Senator for more than two terms, but upon ratification of the Congressional Term Limits Amendment no person who has held the office of United States Senator or who then holds the office shall serve more than one additional term. "Section C. This article shall have no time limit within which it must be ratified by the legislatures of three-fourths of the several states. (f)(1) As provided in this subsection, and in subsections (h) and (j) of this section, at each primary, special, and general election for the office of United States Representative, United States Senator, or any state legislator, the ballot shall inform voters regarding any incumbent and non-incumbent candidate's failure to support "The Congressional Term Limits Amendment" proposed above. (g) Each member of the Arkansas Delegation to the United States Congress is hereby instructed to use all of the powers of the Congressional office to pass the Congressional Term Limits Amendment set forth in subsection (e) above. (h) All primary, general, and special election ballots shall have the information "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" printed adjacent to the name of any United States Representative or United States Senator who: (1) Failed to vote in favor of the Congressional Term Limits Amendment proposed in subsection (e) when brought to any vote; (2) Failed to second the Congressional Term Limits Amendment proposed in subsection (e) if it lacked for a second before any proceeding of the legislative body; (3) Failed to propose or otherwise bring to a vote of the full legislative body the Congressional Term Limits Amendment proposed in subsection (e) above if it otherwise lacked a legislator who so proposed or brought to a vote of the full legislative body the Congressional Term Limits Amendment proposed in subsection (e) above; or (4) Failed to vote in favor of discharging the Congressional Term Limits Amendment proposed in subsection (e) before any committee or subcommittee upon which the Legislator served in the respective legislative body; or (5) Failed to vote against or reject any attempt to delay, table, or otherwise prevent a vote by the full legislative body on the Congressional Term Limits Amendment set forth in subsection (e); or (6) Failed to vote against any term limits proposal with terms longer than those set forth in the Congressional Term Limits Amendment proposed in subsection (e); or (7) Sponsored or co-sponsored any proposed constitutional amendment or law that proposes term limits longer than those in the Congressional Term Limits Amendment set forth in subsection (e); or (8) Failed to ensure that all legislative votes on Congressional Term Limits were recorded and made available to the public. (i) The information "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" shall not appear adjacent to the names of candidates for Congress if the Congressional Term Limits Amendment set forth in subsection (e) is before the states for ratification or has become a part of the United States Constitution. (j) Notwithstanding any other provision of Arkansas law: (1) A non-incumbent candidate for the office of United States Representative, United States Senator, State Representative, or State Senator, shall be permitted to sign a "Term Limits Pledge" each time the non-incumbent files as a candidate for such an office. A candidate who declines to sign the "Term Limits Pledge" sh all have "DECLINED TO PLEDGE TO SUPPORT TERM LIMITS" printed adjacent to the candidate's name on the election ballot; (2) Each time a non-incumbent candidate for United States Senator, United States Representative, State Senator, or State Representative files for candidacy for those offices, the candidate shall be offered the "Term Limits Pledge" until the United States Constitution has been amended to limit United States Senators to two terms in office and United States Representative to three terms in office; (3) The "Term Limits Pledge" that each non-incumbent candidate for state and federal legislative offices shall be offered is as follows: "I support Congressional Term Limits and pledge to use all of my legislative powers to enact the proposed Congressional Term Limits Amendment set forth in the United States Congressional Term Limits Amendment of 1996. If elected, I pledge to act and to vote in such a way that the information 'DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS' will not appear next to my name." The pledge form will provide a space for the signature of the candidate and the date of the signature. (k) The House of Representatives of the State of Arkansas, and the Arkansas Senate, due to the desire of the people of the State of Arkansas to establish term limits for the Congress of the United States, are hereby instructed to make the following application to the United States Congress, pursuant to their powers under Article V of the United States Constitution, to wit: "We, the people and the legislature of the State of Arkansas, due to our desire to establish term limits on the members of the Congress of the United States, hereby make application to the United States Congress, pursuant to our power under Article V of the United States Constitution, to call a convention for proposing amendments to the Constitution." (l) Each state legislator is here by instructed to use all powers delegated to each legislator to pass the Article V application to the United States Congress set forth in subsection (k) above, and to ratify, if proposed, the Congressional Term Limits Amendment set forth above. (m) Not withstanding any other provision of Arkansas Law: (1) All primary, general, and special election ballots shall have the information "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" printed adjacent to the name of any State Senator or State Representative who: (A) Failed to vote in favor of the application set forth in subsection (k) above when brought to a vote; or (B) Failed to second the application set forth in subsection (k) above if it lacked a second; or (C) Failed to vote in favor of all votes bringing the application set forth in subsection (k) above before any committee or subcommittee upon which the legislator served; or (D) Failed to propose or otherwise bring to a vote of the full legislative body the application set forth in subsection (k) if it otherwise lacked a legislator who so proposed or brought to a vote of the full legislative body the application set forth above; or (E) Failed to vote against any attempt to delay, table, or otherwise prevent a vote by the full legislative body on the application set forth in subsection (k) above; or (F) Failed in any way to ensure that all votes on the application set forth in subsection (k) were recorded and made available to the public; or (G) Failed to vote against any change, addition, or modification to the application set forth in subsection (k) above; or (H) Failed to attend a hearing, session, or vote of the legislative body concerning any aspect of consideration of the proposals in subsection (e) and subsection (k) above, where such failure to attend resulted in any failure to obtain a quorum sufficient to conduct business; or (I) Failed to move for, second, or vote in favor of a roll-call vote on any aspect of consideration of the proposals in subsection (e) and subsection (k) above, where such failure resulted in the defeat of any aspect of subsection (e) and subsection (k) above, without recording the votes of individual legislators to be held accountable at a later time. (J) Failed to vote against any effort to rescind the application. (K) Failed to vote in favor of the amendment set forth in subsection (e) above, when the amendment was sent to the states for ratification; or (L) Failed to vote against any term limits amendment with terms longer than the limits set forth in the proposed amendment in subsection (e) above, when such an amendment is ssent [sic] to the states for ratification. (2) The information "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" as required by any of subsection (1)(A) through (1)(J) shall not appear adjacent to the names of the candidates for the state legislature if the State of Arkansas has made application to Congress for a convention for proposing amendments to the United States Constitution pursuant to this amendment and such application is currently effective, has not been withdrawn, and has not expired. (3) The information "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" as required by either of subsections (1)(K) or (1)(L) shall not appear adjacent to the names of the candidates for the state legislature if: The Congressional Term Limits Amendment set forth above has been submitted to the states for ratification and ratified by the Arkansas Legislature; or the Congressional Term Limits Amendment set forth and proposed in subsection (e) has become a part of the United States Constitution. (n)(1) The Secretary of State of the State of Arkansas shall be responsible for making an accurate determination as to whether a candidate for state or federal legislative office shall have placed next to the candidate's name on the election ballot the information "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" or the information "DECLINED TO PLEDGE TO SUPPORT TERM LIMITS" and for certifying the appropriate indication to the appropriate county clerks and other appropriate voting officials. (2) The Secretary of State, in accordance with subsection (1) of this subsection, shall be responsible for making an accurate determination from any reliable source. (3) The Secretary of State shall consider timely submitted public comments prior to making the determination required in subsection (1) of this section. (4) The Secretary of State, in accordance with subsections (1), (2), and (3) of this subsection shall determine and declare what information, if any, shall appear adjacent to the names of each incumbent state and federal legislator if the incumbent were to be a candidate in the next general election and shall certify such information to the appropriate county clerks and other appropriate voting officials. In the case of United States Representatives and United States Senators, this determination, declaration, and certification shall be made in a fashion necessary to ensure orderly printing of primary and general election ballots with allowance made for all legal action provided in subsections (5), (6) and (7), below, and shall be based upon each Congressional member's actions during their current term of office and any actions taken in any concluded term, if such action was taken after the determination and declaration was made by the Secretary of State previously. In the case of incumbent state legislators, this determination and declaration shall be made not later than thirty (30) days after the end of the regular session following each general election, and shall be based upon legislative action in the previous regular session or any action taken in any special session in the previous four (4) years, but in no event upon any actions taken before the adoption of this amendment. The Secretary of State shall provide official notification to the incumbents by certified mail and to the public by official media statement and legal publication in a newspaper of statewide circulation at least two separate times prior to the election, in accordance with the time frames set forth herein. (5) The Secretary of State shall determine, declare, and certify what information, if any, shall appear adjacent to the names of non-incumbent candidates for state and federal legislator, not later than five (5) business days after the deadline for filing for the office. The Secretary of State shall provide official notification to the candidate by certified mail and to the public by official media statement and legal publication in a newspaper of statewide circulation at least two separate times prior to the election, in accordance with the time frames set forth herein. (6) If the Secretary of State makes the determination that the information "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" OR "DECLINED TO PLEDGE TO SUPPORT TERM LIMITS" shall not be certified for placement on the ballot adjacent to the name of a candidate for senator or representative for state or federal office, any candidate or elector may appeal such decision to the Arkansas Supreme Court as an original action within five (5) business days after the second official newspaper publication of the determination by the Secretary of State or shall waive any right to appeal such decision. The burden of proof shall be upon the Secretary of State to demonstrate by clear and convincing evidence that the candidate has met the requirements set forth in this act and therefore should not have the information "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" or "DECLINED TO PLEDGE TO SUPPORT TERM LIMITS" printed on the ballot adjacent to the candidate's name. (7) If the Secretary of State determines that the information "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" OR "DECLINED TO PLEDGE TO SUPPORT TERM LIMITS" shall be certified for placement on the ballot adjacent to a candidate's name for a senator or representative for state or federal office, the candidate may appeal such decision to the Arkansas Supreme Court as an original action within five (5) business days after receipt of notification or shall waive any right to appeal such decision. The burden of proof shall be upon the candidate to demonstrate by clear and convincing evidence that the candidate should not have the information "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" or "DECLINED TO PLEDGE TO SUPPORT TERM LIMITS" printed on the ballot adjacent to the candidate's name. (o) The Arkansas Supreme Court shall hear the appeal provided for in subsections (n)(6) and (n)(7) of this section, on an expedited basis as the first priority among any Supreme Court case, and shall issue its decision on an expedited basis before any other civil appeals are resolved after submission of the matter to the Arkansas Supreme Court. Failure of the Arkansas Supreme Court to render a timely decision will require the Secretary of State to certify the challenged language for placement on the ballot next to the candidate's name. (p) At such time as the congressional Term Limits Amendment set forth in subsection (e) has become a part of the United States Constitution, subsections (e) through (o) of this amendment automatically shall be repealed. (q) Repealer. All laws in conflict with the foregoing are hereby repealed. (r) Severability. If any portion, clause, or phrase of this Amendment is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions, clauses, and phrases shall not be affected, but shall remain in full force and effect.[89] |
Amendments
Amendment 77
- See also: Article 7, Arkansas Constitution
|
Special Judges. (Arkansas Constitutional Art. 7, §§ 9, 21, 22, repealed). Section:
1. [Repealed.] 2. Circuit, chancery, and probate judges. Circuit, chancery, and probate judges may temporarily exchange circuits by joint order. Any circuit, chancery, or probate judge who consents may be assigned to another circuit for temporary service under rules prescribed by the Supreme Court. 3. Repeal of Arkansas Constitution, Art. 7, §§ 9, 21, 22. Article 7, Section 9, 21, and 22 are hereby repealed.[90] |
Amendment 78
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City and County Government Redevelopment. Section:
1. Redevelopment Projects. (a) Any city or county may form a redevelopment district for the purpose of financing one (1) or more redevelopment projects within the district. (b) A city or county which has formed a redevelopment district may issue bonds for the purpose of financing capital improvements for redevelopment projects within the district. The bonds may be secured by and be payable from all or a portion of the division of ad valorem taxes in the district provided for in (d) below. The bonds shall not be considered in calculating debt limits for bonds issued pursuant to Article XII, Section 4, of the Arkansas Constitution and shall not be subject to the provisions of Article XVI, Section 1 of the Arkansas Constitution or Amendments 62 or 65 to the Arkansas Constitution. (c) For purposes of this section, the term "redevelopment project" means an undertaking for eliminating, or preventing the development or spread of, slums or blighted, deteriorated, or 143 deteriorating areas, for discouraging the loss of commerce, industry, or employment, or for increasing employment, or any combination thereof, as may be defined by the General Assembly. (d) The General Assembly may provide that the ad valorem taxes levied by any taxing unit, in which is located all or part of an area included in a redevelopment district, may be divided so that all or part of the ad valorem taxes levied against any increase in the assessed value of property in the area obtaining after the effective date of the ordinance approving the redevelopment plan for the district shall be used to pay any indebtedness incurred for the redevelopment project; provided, however, there shall be excluded from the division all ad valorem taxes for debt service approved by voters in a taxing unit prior to the effective date of this amendment. (e) After the effective date of an ordinance approving the redevelopment plan for the district, no increase in the assessed value of property in a redevelopment district shall be taken into account for purposes of calculating increases in the aggregate value of taxable real and personal property in a taxing unit pursuant to Article XVI, Section 14 of the Arkansas Constitution. (f) Any provision of the Constitution of the State of Arkansas in conflict with this section is repealed insofar as it is in conflict with this amendment. (g) The General Assembly shall provide for the implementation of this section by law. 2. Short-term financing obligations. (a) For the purpose of acquiring, constructing, installing or renting real property or tangible personal property having an expected useful life of more than one (1) year, municipalities and counties may incur short-term financing obligations maturing over a period of, or having a term, not to exceed five (5) years. Such obligations may bear interest at either: (1) a fixed rate throughout the term thereof, including a fixed interest rate which is to be determined by reference to an index or other formula, but not to exceed the maximum lawful rate of interest for fixed rate obligations, or (2) a rate which may vary at such times and under such circumstances as the parties may agree, whether or not the interest rate in fact varies, but not to exceed the maximum lawful rate of interest for variable rate obligations. The maximum lawful rate of interest for fixed rate obligations is the formula rate in effect on the date the obligation is incurred, regardless of when such interest is to begin to accrue. The maximum lawful rate of interest for variable rate obligations is the formula rate in effect on the date such interest accrues. The aggregate principal amount of short-term financing obligations incurred by a municipality or a county pursuant to this section shall not exceed five percent (5%) of the assessed value of taxable property located within the municipality or two and one half percent (2.5%) of the assessed value of taxable property located within the county, as determined by the last tax assessment completed before the last obligation was incurred by the city or county. The total annual principal and interest payments in each fiscal year on all outstanding obligations of a municipality or a county pursuant to this section shall be charged against and paid from the general revenues for such fiscal year, which may include road fund revenues. Tax revenues earmarked for solid waste disposal purposes may be used to pay printing and other costs associated with bonds issued under this amendment for solid waste disposal purposes. (b) As used here: (1) "Short-term financing obligation" means a debt, a note, an installment purchase agreement, a lease, a lease-purchase contract, or any other similar agreement, whether secured or unsecured; provided, that the obligation shall mature over a period of, or have a term, not to exceed five (5) years; (2) (a) For the purpose of acquiring, constructing, installing or renting real property or tangible personal property having an expected useful life of more than one (1) year, municipalities and counties may incur short-term financing obligations maturing over a period of, or having a term, not to exceed five (5) years. Such obligations may bear interest. The aggregate principal amount of short-term financing obligations incurred by a municipality or a county pursuant to this section shall not exceed five percent (5%) of the assessed value of taxable property located within the municipality or two and one half percent (2.5%) of the assessed value of taxable property located within the county, as determined by the last tax assessment completed before the last obligation was incurred by the city or county. The total annual principal and interest payments in each fiscal year on all outstanding obligations of a municipality or a county pursuant to this section shall be charged against and paid from the general revenues for such fiscal year, which may include road fund revenues. Tax revenues earmarked for solid waste disposal purposes may be used to pay printing and other costs associated with bonds issued under this amendment for solid waste disposal purposes. (b) As used here: (1) “Short-term financing obligation” means a debt, a note, an installment purchase agreement, a lease, a lease-purchase contract, or any other similar agreement, whether secured or unsecured; provided, that the obligation shall mature over a period of, or have a term, not to exceed five (5) years. (c) The provisions of this section shall be self-executing. (Amended by Const. Amend. 89.) 3. Scope of authority to incur debt. The authority conferred by this amendment shall be in addition to the authority of municipalities and counties to issue bonds and other debt obligations pursuant to Amendments 62, 65, and 72, and other provisions of the Constitution and laws of the state.[91] |
Amendments
Amendment 79
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Property Tax Relief. Section:
1. Assessing value of real property. (a) After each county-wide reappraisal, as defined by law, and the resulting assessed value of property for ad valorum tax purposes and after each Tax Division appraisal and the resulting assessed value of utility and carrier real property for ad valorem tax purposes, the county assessor, or other official or officials designated by law, shall compare the assessed value of each parcel of real property reappraised or reassessed to the prior year's assessed value. If the assessed value of the parcel increased, then the assessed value of the parcel shall be adjusted pursuant to this section. (b)(1) If the parcel is not a taxpayer's homestead used as the taxpayer's principal place of residence, then for the first assessment following reappraisal, any increase in the assessed value of the parcel shall be limited to not more than ten percent (10%) of the assessed value of the parcel for the previous year. In each year thereafter the assessed value shall increase by an additional ten percent (10%) of the assessed value of the parcel for the year prior to the first assessment that resulted from reappraisal but shall not exceed the assessed value determined by the reappraisal prior to adjustment under this subsection. For utility and carrier real property, any annual increase in the assessed value of the parcel shall be limited to not more than ten percent (10%) of the assessed value for the previous year. (2) This subsection (b) does not apply to newly discovered real property, new construction, or to substantial improvements to real property. (c)(1) Except as provided in subsection (d), if the parcel is a taxpayer's homestead used as the taxpayer's principal place of residence then for the first assessment following reappraisal, any increase in the assessed value of the parcel shall be limited to not more than five percent (5%) of the assessed value of the parcel for the previous year. In each year thereafter the assessed value shall increase by an additional five percent (5%) of the assessed value of the parcel for the year prior to the first assessment that resulted from reappraisal but shall not exceed the assessed value determined by the reappraisal prior to adjustment under this subsection. (2) This subsection (c) does not apply to newly discovered real property, new construction, or to substantial improvements to real property. (d)(1)(A) A homestead used as the taxpayer' s principal place of residence purchased or constructed on or after January 1, 2001 by a disabled person or by a person sixty-five (65) years of age or older shall be assessed thereafter based on the lower of the assessed value as of the date of purchase or construction or a later assessed value. (B) When a person becomes disabled or reaches sixty-five (65) years of age on or after January 1, 2001, that person's homestead used as the taxpayer's principal place of residence shall thereafter be assessed based on the lower of the assessed value on the person's sixty-fifth birthday, on the date the person becomes disabled or a later assessed value. (C) If a person is disabled or is at least sixty-five (65) years of age and owns a homestead used as the taxpayer's principal place of residence on January 1, 2001, the homestead shall be assessed based on the lower of the assessed value on January 1, 2001 or a later assessed value. (2) Residing in a nursing home shall not disqualify a person from the benefits of this subsection (d). (3) In instances of joint ownership, if one of the owners qualifies under this subsection (d), all owners shall receive the benefits of this amendment. (4) This subsection (d) does not apply to substantial improvements to real property. (5) For real property that is subject to Section 2 of this Amendment in lieu of January 1, 2001, the applicable date for this subsection (d) shall be January 1 of the year following the completion of the adjustments to assessed value required by Section 2. 2. Effect of county-wide reappraisal - Public utility and carrier exception. (a)(1) Section 1 of this Amendment shall not be applicable to a county in which there has been no county-wide reappraisal, as defined by law, and resulting assessed value of property between January 1, 1986 and December 31, 2000. Real property in such a county shall be adjusted according to the provisions of this section. (2) Upon the completion of the adjustments to assessed value required by this section each taxpayer of that county shall be en titled to apply the provision of Section 1 of this Amendment to the real property owned by them. (b) The county assessor, or other official or officials designated by law, shall compare the assessed value of each parcel of real property to the prior year's assessed value. If assessed value of the parcel increased, then the assessed value of the parcel for the first assessment resulting from reappraisal shall be adjusted by adding one- third (1/3) of the increase to the assessed value of the parcel for the previous year. An additional one-third (1/3) of the in crease shall be added in each of the next two (2) years. This adjustment procedure shall not apply to public utility and carrier property. Public utility and carrier property shall be adjusted pursuant to Section 1. (c) No adjustment shall be made for newly discovered real property, new construction, or to substantial improvements to real property. 3. Annual state credit. The General Assembly shall provide by law for an annual state credit against ad valorem property tax on a homestead in an amount of not less than three hundred dollars ($300). The credit shall not exceed the amount of ad valorem property taxes owed. The credit shall apply beginning for taxes due in calendar year 2001. This section shall be applied in a manner that would not impair a bond holder's interest in ad valorem debt service revenues. 4. Income adjustments - Personal property millage rate - Uniform property tax rate requirement - Reassessment - Rollback adjustments. (a) The General Assembly shall, by law, provide for procedures to be followed with respect to adjusting ad valorem taxes or millage pledged for bonded indebtedness purposes, to assure that the tax or millage levied for bonded indebtedness purposes will, at all times, provide a level of income sufficient to meet the current requirement s of all principal, interest, paying agent fees, reserves, and other requirements of the bond indenture. (b) The millage rate levied against taxable personal property and utility and regulated carrier property in each taxing unit in the state shall be equal to the millage rate levied against real property in each taxing unit in the state. Personal property millage rates currently not equal to real estate millage rates shall be reduced to the level of the real estate millage rate; except to the extent necessary to provide a level of income sufficient to meet the current requirements of all principal, interest, paying agent fees, reserves, and other requirements of the bond indenture. (c) The provisions of this section shall not affect or repeal the required uniform rate of advalorem property tax set forth in Amendment 74. (d) The General Assembly may, by law, prescribe the method and means for reassessing real property and establish the frequency of reassessment. However, reassessment shall occur at least once every five (5) years. (e) Rollback adjustments under Article 16, Section 14 shall be determined after the adjustments are made to assessed value under this Amendment.[92] |
Amendment 80
- See also: Article 7, Arkansas Constitution
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Qualifications of justices and judges. Section:
1. Judicial power. The judicial power is vested in the Judicial Department of state government, consisting of a Supreme Court and other courts established by this Constitution. 2. Supreme Court. (A) The Supreme Court shall be composed of seven Justices, one of whom shall serve as Chief Justice. The Justices of the Supreme Court shall be selected from the State at large. (B) The Chief Justice shall be selected for that position in the same manner as the other Justices are selected. During any temporary period of absence or incapacity of the Chief Justice, an acting Chief Justice shall be selected by the Court from among the remaining justices. (C) The concurrence of at least four justices shall be required for a decision in all cases. (D) The Supreme Court shall have: (1) Statewide appellate jurisdiction; (2) Original jurisdiction to issue writs of quo warranto to all persons holding judicial office, and to officers of political corporations when the question involved is the legal existence of such corporations; (3) Original jurisdiction to answer questions of state law certified by a court of the United States, which may be exercised pursuant to Supreme Court rule; (4) Original jurisdiction to determine sufficiency of state initiative and referendum petitions and proposed constitutional amendments; and (5) Only such other original jurisdiction as provided by this Constitution. (E) The Supreme Court shall have power to issue and determine any and all writs necessary in aid of its jurisdiction and to delegate to its several justices the power to issue such writs. (F) The Supreme Court shall appoint its clerk and reporter. (G) The sessions of the Supreme Court shall be held at such times and places as may be adopted by Supreme Court rule. 3. Rules of pleading, practice and procedure. The Supreme Court shall prescribe the rules of pleading, practice and procedure for all courts; provided these rules shall not abridge, enlarge or modify any substantive right and shall preserve the right of trial by jury as declared in this Constitution. 4. Superintending control. The Supreme Court shall exercise general superintending control over all courts of the state and may temporarily assign judges, with their consent, to courts or divisions other than that for which they were elected or appointed. These functions shall be administered by the Chief Justice. 5. Court of Appeals. There shall be a Court of Appeals which may have divisions thereof as established by Supreme Court rule. The Court of Appeals shall have such appellate jurisdiction as the Supreme Court shall by rule determine and shall be subject to the general superintending control of the Supreme Court. Judges of the Court of Appeals shall have the same qualifications as Justices of the Supreme Court. 6. Circuit courts. (A) Circuit Courts are established as the trial courts of original jurisdiction of all justiciable matters not otherwise assigned pursuant to this Constitution. (B) Subject to the superintending control of the Supreme Court, the Judges of a Circuit Court may divide that Circuit Court into subject matter divisions, and any Circuit Judge within the Circuit may sit in any division. (C) Circuit Judges may temporarily exchange circuits by joint order. Any Circuit Judge who consents may be assigned to another circuit for temporary service under rules adopted by the Supreme Court. (D) The Circuit Courts shall hold their sessions in each county at such times and places as are, or may be, prescribed by law. 7. District courts. (A) District Courts are established as the trial courts of limited jurisdiction as to amount and subject matter, subject to the right of appeal to Circuit Courts for a trial de novo. (B) The jurisdictional amount and the subject matter of civil cases that may be heard in the District Courts shall be established by Supreme Court rule. District Courts shall have original jurisdiction, concurrent with Circuit Courts, of misdemeanors, and shall also have such other criminal jurisdiction as may be provided pursuant to Section 10 of this Amendment. (C) There shall be at least one District Court in each county. If there is only one District Court in a county, it shall have county-wide jurisdiction. Fines and penalties received by the district court shall continue to be distributed in the manner provided by current law, unless and until the General Assembly shall establish a new method of distribution. (D) A District Judge may serve in one or more counties. Subject to the superintending control of the Supreme Court, the Judges of a District Court may divide that District Court into subject matter divisions, and any District Judge within the district may sit in any division. (E) District Judges may temporarily exchange districts by joint order. Any District Judge who consents may be assigned to another district for temporary service under rules adopted by the Supreme Court. 8. Referees, masters and magistrates. (A) A Circuit Court Judge may appoint referees or masters, who shall have power to perform such duties of the Circuit Court as may be prescribed by Supreme Court rule. (B) With the concurrence of a majority of the Circuit Court Judges of the Circuit, a District Court judge may appoint magistrates, who shall be subject to the superintending control of the District Court and shall have power to perform such duties of the District Court as may be prescribed by Supreme Court rule. 9. Annulment or amendment of rules. Any rules promulgated by the Supreme Court pursuant to Sections 5, 6(B), 7(B), 7(D), or 8 of this Amendment may be annulled or amended, in whole or in part, by a two-thirds (2/3) vote of the membership of each house of the General Assembly. 10. Jurisdiction, venue, circuits, districts and number of judges. The General Assembly shall have the power to establish jurisdiction of all courts and venue of all actions therein, unless otherwise provided in this Constitution, and the power to establish judicial circuits and districts and the number of judges for Circuit Courts and District Courts, provided such circuits or districts are comprised of contiguous territories. 11. Right of appeal. There shall be a right of appeal to an appellate court from the Circuit Courts and other rights of appeal as may be provided by Supreme Court rule or by law. 12. Temporary disqualification of justices or judges. No Justice or Judge shall preside or participate in any case in which he or she might be interested in the outcome, in which any party is related to him or her by consanguinity or affinity within such degree as prescribed by law, or in which he or she may have been counsel or have presided in any inferior court. 13. Assignment of special and retired judges. (A) If a Supreme Court Justice is disqualified or temporarily unable to serve, the Chief Justice shall certify the fact to the Governor, who within thirty (30) days thereafter shall commission a Special Justice, unless the time is extended by the Chief Justice upon a showing by the Governor that, in spite of the exercise of diligence, additional time is needed. If the Governor fails to commission a Special Justice within thirty (30) days, or within any extended period granted by the Chief Justice, the Lieutenant Governor shall commission a Special Justice. (B) If a Judge of the Court of Appeals is disqualified or temporarily unable to serve, the Chief Judge shall certify the fact to the Chief Justice who shall commission a Special Judge. (C) If a Circuit or District Judge is disqualified or temporarily unable to serve, or if the Chief Justice shall determine there is other need for a Special Judge to be temporarily appointed, a Special Judge may be assigned by the Chief Justice or elected by the bar of that Court, under rules prescribed by the Supreme Court, to serve during the period of temporary disqualification, absence or need. (D) In naming Special Justices and Judges, the Governor or the Chief Justice may commission, with their consent, retired Justices or Judges, active Circuit or District Judges, or licensed attorneys. (E) Special and retired Justices and Judges selected and assigned for temporary judicial service shall meet the qualifications of Justices or Judges of the Court to which selected and assigned. (F) Special and retired judges shall be compensated as provided by law. 14. Prohibition of practice of law. Justices and Judges, except District Judges, shall not practice law during their respective terms of office. The General Assembly may, by classification, prohibit District Judges from practicing law. 15. Prohibition of candidacy for non-judicial office. If a Judge or Justice files as a candidate for non-judicial governmental office, that candidate's judicial office shall immediately become vacant. 16. Qualifications and terms of justices and judges. (A) Justices of the Supreme Court and Judges of the Court of Appeals shall have been licensed attorneys of this state for at least eight years immediately preceding the date of assuming office. They shall serve eight-year terms. (B) Circuit Judges shall have been licensed attorneys of this state for at least six years immediately preceding the date of assuming office. They shall serve six-year terms. (C) District Judges shall have been licensed attorneys of this state for at least four years immediately preceding the date of assuming office. They shall serve four-year terms. (D) All Justices and Judges shall be qualified electors within the geographical area from which they are chosen, and Circuit and District Judges shall reside within that geographical area at the time of election and during their period of service. A geographical area may include any county contiguous to the county to be served when there are no qualified candidates available in the county to be served. (E) The General Assembly shall by law determine the amount and method of payment of expenses of Justices and Judges. Such expenses may be increased, but not diminished, during the term for which such Justices or Judges are selected or elected. (F) Circuit, District, and Appellate Court Judges and Justices shall not be allowed any fees or perquisites of office, nor hold any other office of trust or profit under this state or the United States, except as authorized by law. 17. Election of circuit and district judges. (A) Circuit Judges and District Judges shall be elected on a nonpartisan basis by a majority of qualified electors voting for such office within the circuit or district which they serve. (B) Vacancies in these offices shall be filled as provided by this Constitution. 18. Election of Supreme Court Justices and Court of Appeals Judges. (A) Supreme Court Justices and Court of Appeals Judges shall be elected on a nonpartisan basis by a majority of qualified electors voting for such office. Provided, however, the General Assembly may refer the issue of merit selection of members of the Supreme Court and the Court of Appeals to a vote of the people at any general election. If the voters approve a merit selection system, the General Assembly shall enact laws to create a judicial nominating commission for the purpose of nominating candidates for merit selection to the Supreme Court and Court of Appeals. (B) Vacancies in these offices shall be filled by appointment of the Governor, unless the voters provide otherwise in a system of merit selection. 19. Transition provisions, tenure of present justices and judges, and jurisdiction of present courts. (A) Tenure of Present Justices and Judges. (1) Justices of the Supreme Court and Judges of the Court of Appeals in office at the time this amendment takes effect shall continue in office until the end of the terms for which they were elected or appointed. (2) All Circuit, Chancery, and Circuit-Chancery Judges in office at the time this Amendment takes effect shall continue in office as Circuit Judges until the end of the terms for which they were elected or appointed; provided further, the respective jurisdictional responsibilities for matters legal, equitable or juvenile in nature as presently exercised by such Judges shall continue until changed pursuant to law. (3) Municipal Court Judges in office at the time this Amendment takes effect shall continue in office through December 31, 2004; provided, if a vacancy occurs in an office of a Municipal Judge, that vacancy shall be filled for a term which shall end December 31, 2004. (B) Jurisdiction of Present Courts. (1) The Jurisdiction conferred on Circuit Courts established by this Amendment includes all matters previously cognizable by Circuit, Chancery, Probate and Juvenile Courts including those matters repealed by Section 22 of this Amendment. The geographic circuits and subject matter divisions of these courts existing at the time this Amendment takes effect shall become circuits and divisions of the Circuit Court as herein established until changed pursuant to this Amendment. Circuit Courts shall assume the jurisdiction of Circuit, Chancery, Probate and Juvenile Courts. (2) District Courts shall have the jurisdiction vested in Municipal Courts, Corporation Courts, Police Courts, Justice of the Peace Courts, and Courts of Common Pleas at the time this Amendment takes effect. District Courts shall assume the jurisdiction of these courts of limited jurisdiction and other jurisdiction conferred in this Amendment on January 1, 2005. City Courts shall continue in existence after the effective date of this Amendment unless such City Court is abolished by the governing body of the city or by appropriate action of the General Assembly. Immediately upon abolition of such City Court, the jurisdiction of the City Court shall vest in the nearest District Court in the county where the city is located. (C) Continuation of Courts. The Supreme Court provided for in this Amendment shall be a continuation of the Supreme Court now existing. The Court of Appeals shall be regarded as a continuation of the Court of Appeals now existing. All laws and parts of laws relating to the Supreme Court and to the Court of Appeals which are not in conflict or inconsistent with this Amendment shall remain in full force and effect and shall apply to the Supreme Court and Court of Appeals, respectively, established by this Amendment until amended, repealed or superseded by appropriate action of the General Assembly or the Supreme Court pursuant to this Amendment. The Circuit Courts shall be regarded as a continuation of the Circuit, Chancery, Probate and Juvenile Courts now existing. Effective January 1, 2005, the District Courts shall be regarded as a continuation of the Municipal Courts, Corporation Courts, Police Courts, Justice of the Peace Courts and Courts of Common Pleas now existing. All the papers and records pertaining to these courts shall be transferred accordingly, and no suit or prosecution of any kind or nature shall abate because of any change made by this Amendment. All writs, actions, suits, proceedings, civil or criminal liabilities, prosecutions, judgments, decrees, orders, sentences, regulations, causes of action and appeals existing on the effective date of this Amendment shall continue unaffected except as modified in accordance with this Amendment. 20. Prosecuting attorneys. A Prosecuting Attorney shall be elected by the qualified electors of each judicial circuit. Prosecuting Attorneys shall have been licensed attorneys of this state for at least four years immediately preceding the date of assuming office. They shall be qualified electors within the judicial circuit from which they are elected and shall reside within that geographical area at the time of the election and during their period of service. They shall serve four-year terms. 21. Effective date. This Amendment shall become effective on July, 2001. 22. Repealer. (A) The following sections of Article 7 of the Constitution of the State of Arkansas are hereby repealed effective July 1, 2001; 1 through 18; 20 through 22; 24; 25; 32; 34; 35; 39; 40; 42; 44;45 and 50. (B) Sections 34 and 35 of Article 7 of the Constitution of the State of Arkansas, as amended by Sections 1 and 2 of Amendment 24, are hereby repealed effective July 1, 2001. (C) Section 43 of Article 7 of the Constitution of the State of Arkansas is hereby repealed effective January 1, 2005. (D) Section 1 of Amendment 58 of the Constitution of the State of Arkansas is hereby repealed effective July 1, 2001. (E) Section 1 of Amendment 64 of the Constitution of the State of Arkansas is hereby repealed effective January 1, 2005. (F) Section 1 of Amendment 77 of the Constitution of the State of Arkansas is hereby repealed effective July 1, 2001. (G) No other provision of the Constitution of the State of Arkansas shall be repealed by this Amendment unless the provision is in irreconcilable conflict with the provisions of this Amendment.[93] |
Amendments
- Amendment 58, Amendment 64 and Amendment 77
- Amended by the approval of Arkansas Elected Officials Ethics, Transparency and Financial Reform Amendment, Issue 3 (2014) on November 4, 2014.
Amendment 81
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Protection of the Secrecy of Individual Votes. (Arkansas Constitution, Amendment 50, § 3 Repealed). Preambles. This amendment contained a preamble which read: "BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-THIRD GENERAL ASSEMBLY OF THE STATE OF ARKANSAS AND BY THE SENATE, A MAJORITY OF ALL MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO: "That the following is hereby proposed as an amendment to the Constitution of the State of Arkansas, and upon being submitted to the electors of the state for approval or rejection at the next general election for Representatives and Senators, if a majority of the electors voting thereon at such election, adopt such amendment, the same shall become a part of the Constitution of the State of Arkansas, to wit:"[94] |
Amendments
Amendment 82
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Obligation Bonds for Economic Development. (a) In order for the State of Arkansas to effectively compete for large economic development projects, the Arkansas General Assembly, meeting in special or regular session, may authorize the Arkansas Development Finance Authority to issue general obligation bonds to finance infrastructure or other needs to attract large economic development projects. (b) Infrastructure needs may include, but are not limited to:
(c) The General Assembly may authorize the issuance of bonds bearing the full faith and credit of the State of Arkansas if the prospective employer planning an economic development project is eligible under criteria established by law. (d) The bonds shall be paid for in full by general or special revenues appropriated by the General Assembly until the bonds have been retired and all obligations associated with the issuance of the bonds have been met. (e) Bonds may be issued under this amendment pursuant to an act of the General Assembly without voter approval. (As amended by Const. Amend. 90; amended by Const. Amend. 97.)[95] |
Amendments
- Amended on November 8, 2016, via voter approval of Issue 3. Amendment 82 was also amended by constitutional amendments 90 and 97.
Amendment 83
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Marriage. Section:
1. Marriage. Marriage consists only of the union of one man and one woman. 2. Marital status. Legal status for unmarried persons which is identical or substantially similar to marital status shall not be valid or recognized in Arkansas, except that the legislature may recognize a common law marriage from another state between a man and a woman. 3. Capacity, rights, obligations, privileges, and immunities. The legislature has the power to determine the capacity of persons to marry, subject to this amendment, and the legal rights, obligations, privileges, and immunities of marriage.[96] |
Amendments
Amendment 84
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Bingo and Raffles. 1. Bingo and Raffles: As used in this section. (1) “Authorized bingo and raffles organization” means a nonprofit tax-exempt religious, educational, veterans, fraternal, service, civic, medical, volunteer rescue service, volunteer firefights organization, or volunteer police organization that has been in continuing existence as a nonprofit tax-exempt organization in this state for a period of not less than five (5) years immediately prior to conducting the game of bingo or raffles; (2)(A) “Game of bingo” means a single game of the activity commonly known as “bingo” in which the participants pay a sum of money for the use of one (1) or more bingo cards. (B) “Game of bingo” shall include only games in which the winner receives a preannounced, fixed-dollar prize and in which the winner is determined by the matching of letters and numbers on a bingo card imprinted with at least twenty-four (24) numbers, with letters and numbers appearing on objects randomly drawn and announced by a caller, in contemporaneous competition among all players in the game; and (3) “Raffle” means the selling of tickets or chances to win a prize awarded through a random drawing. (b)(1) The game of bingo or raffles conducted by an authorized bingo and raffles organization shall not be a lottery prohibited by Section 14 of Article 19 of the Arkansas Constitution if all net receipts over and above the actual cost of conducting the game or raffle are used only for charitable, religious, or philanthropic purposes. (2) No receipts shall be used to compensate in any manner any person who works for or is in any way affiliated with the authorized bingo and raffles organization. (c) The General Assembly shall provide by law for the licensure and regulation of authorized bingo and raffles organizations to conduct the game or bingo or raffles and may levy taxes on the activities. 2. Effective Date. This amendment becomes effective on January 1, 2007.[97] |
Amendments
Amendment 85
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Concerning voting, qualifications of voters and election officers, and the time of holding General Elections. Amended Arkansas Constitution, Art. 3, §§ 1, 2; repealed Arkansas Constitution, Art. 3, § 5; and amended Arkansas Constitution, Art. 3, §§ 8 and 10.[98] |
Amendments
Amendment 86
- See also: Article 5, Arkansas Constitution
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Providing for annual sessions of the General Assembly. Amended Arkansas Constitution, Art. 5, §§ 5, 17, 29, 34, 39, 40, and Arkansas Constitution, Amendment 35, § 7.[99] |
Amendments
Amendment 87
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Authorizing the General Assembly to establish, operate, and regulate state lotteries. Amended Arkansas Constitution, Art. 19, § 14.[100] |
Amendments
Amendment 88
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Right to Hunt, Fish, Trap, and Harvest Wildlife. (a) (1) Citizens of the State of Arkansas have a right to hunt, fish, trap, and harvest wildlife. (2) The right to hunt, fish, trap, and harvest wildlife shall be subject only to regulations that promote sound wildlife conservation and management and are consistent with Amendment 35 of the Arkansas Constitution. (b) Public hunting, fishing, and trapping shall be a preferred means of managing and controlling non-threatened species and citizens may use traditional methods for harvesting wildlife. (c) Nothing in this amendment shall be construed to alter, repeal, or modify: (1) Any provision of Amendment 35 to the Arkansas Constitution; (2) Any common law or statute relating to trespass, private property rights, eminent domain, public ownership of property, or any law concerning firearms unrelated to hunting; or (3) The sovereign immunity of the State of Arkansas.[101] |
Amendments
Amendment 89
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Governmental Bonds and Loans — Interest Rates — Energy Efficiency Project (CONST. ART. 19, § 13 REPEALED, CONST. AMEND. 30, § 5, AMEND. 38, § 5, AMEND. 62, § 1, AMEND. 65, § 4, AND AMEND. 78, § 2 AMENDED). § 1. Governmental Bonds and Loans. § 2. Loans by Federally Insured Depository Institutions. § 3. Other Loans. § 4. Energy Efficiency Project Bonds – Issuance – Terms and Conditions. § 5. Definitions. § 6. Miscellaneous. § 7. [Ballot Title] § 8. [Interest Rate Limits] § 9. [Application of Amendment] § 10. [Amendment Provisions] § 11. [Three-fourths vote] § 12. [Applicability] § 13. [Effective Date] § 14. [Repealer] This amendment repealed Ark. Const., Art. 19, § 13 and amended Ark. Const., Amend. 30, § 5, Amend. 38, § 5, Amend. 62, § 1, Amend. 65, § 4, and Amend. 78, § 2. The amendments to those sections, effective January 1, 2011, are incorporated within those sections. The amendment was proposed by H.J.R. 1004 and was adopted at the 2010 general election by a vote of 448,711 for and 250,167 against. |
Amendments
Amendment 90
| AMEND. 90. [BONDS FOR ECONOMIC DEVELOPMENT (CONST. AMEND. 82 AMENDED)]. |
Amendments
Amendment 90 amended #Amendment 82.
Amendment 91
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SECTION 1. Intent. The people of the State of Arkansas find that: (a) The state has an outdated and inadequate system of highway funding that is unable to meet the severe and pressing needs to maintain and improve the state's system of state highways, county roads, and city streets; (b) Increasing investment in the state highway system, county roads, and city streets will create jobs, aid in economic development, improve quality of life, and provide additional transportation infrastructure, including specifically, a four-lane highway construction plan designed to connect all regions of the state; and (c) To provide additional funding for the state's four-lane highway system, county roads, and city streets, this amendment levies a temporary sales and use tax and authorizes general obligation highway construction and improvement bonds for the state's four-lane highway system. SECTION 2. Definitions. As used in this amendment:
SECTION 3. Levy of Temporary Tax. (a) (1) Except for food and food ingredients, a temporary additional excise tax of one-half percent (0.5%) is levied on all taxable sales of property and services subject to the tax levied by the Arkansas Gross Receipts Act of 1941. (2) The tax shall be collected, reported, and paid in the same manner and at the same time as is prescribed by law for the collection, reporting and payment of all other Arkansas gross receipts taxes.
SECTION 4. Authorization and purpose. (a) The State Highway Commission may issue State of Arkansas Four-Lane Highway Construction and Improvement General Obligation Bonds ('bonds') in a total principal amount not to exceed one billion, three hundred million dollars ($1,300,000,000) for the purpose of:
(d)
SECTION 5. Use of proceeds. (a) There is established on the books of the Treasurer of State, Auditor of State, and the chief fiscal officer of the State a special account within the State Highway and Transportation Department Fund to be designated as the Arkansas Four-Lane Highway Construction and Improvement Bond Account. (b)
SECTION 6. The Arkansas Highway Revenue Distribution Law, which defines highway revenues, shall include taxes levied and collected by this amendment. SECTION 7. Effective Date.
SECTION 8. Termination of tax. (a) If bonds are issued under this amendment, the temporary taxes levied under this amendment shall be abolished when there are no bonds outstanding to which tax collections are pledged as provided in this amendment. (b)
(c) The Department of Finance and Administration shall continue to collect taxes levied under this section during the time the tax levies were in force but unpaid and remit the tax collections under the Arkansas Highway Revenue Distribution Law. SECTION 9. [Administration and tax procedures.] (a) The General Assembly shall provide for the proper administration and enforcement of this amendment by law. (b) Unless the General Assembly provides another procedure by law, the provisions of the Arkansas Tax Procedure Act, § 26-18-101 et seq., shall apply to the taxes levied under this amendment and to the reporting, remitting, and enforcement of the tax. SECTION 10. Procedure for issuing bonds. Before any series of bonds may be issued: (1)
(2) The commission shall present a report to the Governor that includes the:
(3) Upon receipt of the report required under subdivision (2) of this section, the Governor shall, if he and the Commission determine that the estimated designated tax revenues and any other revenues appropriated by the General Assembly for repayment of bonds will be sufficient to pay the debt service on the series of bonds, by proclamation authorize the commission to proceed with the issuance of such series of bonds. (4)
(C)
SECTION 11. Terms of bonds. (a) (1) The bonds shall be issued in series as provided for in this section in amounts sufficient to finance all or part of the costs of four-lane highway construction and improvements provided under Section 10 of this amendment. (2) Each series shall be designated by the year in which the series was issued, and if more than one (1) series is issued in a particular year then by alphabetical designation.
(d) The bonds:
(e)
SECTION 12. Sale of bonds. (a) (1) The bonds may be sold at a private sale or public sale and at terms as the commission determines to be reasonable and expedient. (2) The bonds may be sold at a price acceptable to the commission, and the price may include a discount or a premium. (b)
(c)
SECTION 13. Employment of professionals. The commission may retain professionals it determines are necessary to issue and sell the bonds, including without limitation legal counsel, financial advisors, underwriters, trustees, paying agents, and remarketing agents. SECTION 14. Investment of proceeds. Prior to expenditure of the proceeds from the issuance of the bonds, the proceeds from the issuance of the bonds shall be held, maintained, and invested by the trustee as provided in a resolution of the commission or as provided in a trust indenture securing the bonds. SECTION 15. General obligation. (a) (1) The bonds issued under this amendment shall be direct general obligations of the State of Arkansas for the payment of the debt service on which the full faith and credit of the State of Arkansas is irrevocably pledged as long as the bonds are outstanding. (2) The bonds shall be payable from:
(3) As necessary, the amount of general revenues is pledged to the payment of debt service on the bonds and shall be and remain pledged for these purposes.
(c) This amendment shall not create a right of any character with respect to the bonds, and a right of any character with respect to the bonds shall not arise under the amendment, unless the first series of bonds authorized by this amendment has been sold and delivered. SECTION 16. Sources of repayment. (a) Without in any way limiting the general obligation of the state to repay the bonds, the designated tax revenues are pledged to the payment of the debt service on the bonds. (b)
(c)
(d) The obligation to make transfers from the Arkansas Four-Lane Highway Construction and Improvement Bond Account in the State Highway and Transportation Department Fund for the payment of debt service on, and, if applicable, a reserve for, each series of bonds is a first charge against amounts on deposit. (e) Funds on deposit in the Arkansas Four-Lane Highway Construction and Improvement Bond Account in the State Highway and Transportation Department Fund that are in excess of the obligations set forth in (d) above may be used to:
(f) If there are insufficient amounts in the Arkansas Four-Lane Highway Construction and Improvement Bond Account in the State Highway and Transportation Department Fund to pay the debt service on bonds issued and outstanding under this amendment or to fund any necessary reserves at the required level, the State Treasurer shall transfer additional amounts to the Arkansas Four-Lane Highway Construction and Improvement Bond Account in the State Highway and Transportation Department Fund from the general revenues of the State. SECTION 17. Investment of revenues. (a) Moneys held in the Arkansas Four-Lane Highway Construction and Improvement Bond Account in the State Highway and Transportation Department Fund and any fund in the State Treasury created under this amendment shall be invested by the State Board of Finance to the full extent practicable pending disbursement for the purposes intended. (b) Notwithstanding any other provision of law, the investments and disbursements shall be in accordance with the terms of the resolution or trust indenture authorizing or securing the series of bonds to which the fund appertains to the extent the terms of the resolution or trust indenture are applicable. SECTION 18. Refunding bonds. (a) The commission may issue bonds for the purpose of refunding bonds previously issued under this amendment if the total amount of bonds outstanding after the refunding is completed does not exceed the total amount authorized by this amendment, and the final maturity of such refunding bonds shall not exceed ten (10) years from the date of implementation of the tax. (b) The refunding bonds shall be general obligations of the State of Arkansas and shall be secured and sold in accordance with the provisions of this amendment. SECTION 19. Tax Exemption. (a) (1) All bonds issued under this amendment and interest on the bonds shall be exempt from all taxes of the State of Arkansas, including income, inheritance, and property taxes. (2) Profits from the sale of the bonds shall also be exempt from income taxes. (b) The bonds shall be eligible to secure deposits of all public funds and shall be legal for investment of municipal, county, bank, fiduciary, insurance company, and trust funds. SECTION 20. State Aid Street Fund. (a) Upon the adoption of this amendment, the Department of Finance and Administration shall: (1) Deposit a total of one cent (1cent(s)) per gallon from revenues distributed under the Arkansas Highway Revenue Distribution Law from the proceeds derived from existing motor fuel taxes and distillate fuel taxes; and (2) Permanently dedicate the revenues to the State Aid Street Fund created under § 27-72-407.
SECTION 21. Powers of the commission. (a) All powers granted to the commission under this amendment shall be in addition to the powers as already exist under Amendment 42 to the Arkansas Constitution and the laws of the State of Arkansas. (b) A member of the commission or other state official shall not be liable personally for any reason arising from the issuance of bonds under this amendment unless the person acts with corrupt intent. SECTION 22. Form of submission to the electors. The proposition set forth shall be submitted for approval or rejection by the electors in substantially the following form: "A TEMPORARY ONE-HALF PERCENT (0.5%) SALES AND USE TAX FOR STATE HIGHWAYS AND BRIDGES, COUNTY ROADS, BRIDGES AND OTHER SURFACE TRANSPORTATION, AND CITY STREETS, BRIDGES AND OTHER SURFACE TRANSPORTATION, WITH THE STATE'S PORTION TO SECURE STATE OF ARKANSAS GENERAL OBLIGATION FOUR-LANE HIGHWAY CONSTRUCTION AND IMPROVEMENT BONDS AND PERMANENTLY DEDICATING ONE CENT (1cent(s)) PER GALLON OF THE PROCEEDS DERIVED FROM THE EXISTING MOTOR FUEL AND DISTILLATE FUEL TAXES TO THE STATE AID STREET FUND" On each ballot there shall be printed the following: "FOR a proposed constitutional amendment to levy a temporary sales and use tax of one-half percent (0.5%) for state highways and bridges, county roads, bridges and other surface transportation, and city streets, bridges and other surface transportation, with the state's portion to secure State of Arkansas General Obligation Four-Lane Highway Construction and Improvement Bonds in the total principal amount not to exceed $1,300,000,000 for the purpose of constructing and improving four-lane highways in the State of Arkansas, prescribing the terms and conditions for the issuance of such bonds which will mature and be paid in full in approximately ten (10) years, which payment in full shall terminate the temporary sales and use tax, describing the sources of repayment of the bonds and permanently dedicating one cent (1cent(s)) per gallon of the proceeds derived from the existing motor fuel and distillate fuel taxes to the State Aid Street Fund." "AGAINST a proposed constitutional amendment to levy a temporary sales and use tax of one-half percent (0.5%) for state highways and bridges, county roads, bridges and other surface transportation, and city streets, bridges and other surface transportation, with the state's portion to secure State of Arkansas General Obligation Four-Lane Highway Construction and Improvement Bonds in the total principal amount not to exceed $1,300,000,000 for the purpose of constructing and improving four-lane highways in the State of Arkansas, prescribing the terms and conditions for the issuance of such bonds which will mature and be paid in full in approximately ten (10) years, which payment in full shall terminate the temporary sales and use tax, describing the sources of repayment of the bonds and permanently dedicating one cent (1cent(s)) per gallon of the proceeds derived from the existing motor fuel and distillate fuel taxes to the State Aid Street Fund." |
Amendments
This amendment was approved by voters in 2012 when it appeared on the ballot as Issue 1.
Amendment 92
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Amend. 92. [Review and Approval of Administrative Rules (Const. Art. 5, § 42, added)]. |
Amendments
- Added by the approval of Arkansas Legislative Approval of State Agency Rules Amendment, Issue 1 (2014) on November 4, 2014.
Amendment 93
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Amend. 93. [Amendment of initiative and referendum petitions (Const. Art. 5, § 1, amended)]. |
Amendments
- Amendment 93 amended Article 5 of the state Constitution. It was added by voter approval of Issue 2 in 2014.
Amendment 94
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Amend. 94. The Arkansas Elected Officials Ethics, Transparency, and Financial Reform Amendment of 2014 (Const. Art. 19, §§ 28, 29, 30, 31, added; Const. Art. 5, §§ 29, 30, Const. Art. 16, §§ 4, 12, Const. Amend. 70, § 1, Const. Amend. 73, § 2, Const. Amend. 80, § 16(e), amended Const. Art. 5, § 16, Const. Art. 19, § 11, Const. Amend. 6, § 6, Const. Amend. 9, § 2, Const. Amends. 15, 43, Const. Amend. 70, § 3, repealed). |
Amendments
- Added by voter approval of Issue 3 in 2014.
Amendment 95
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Amend. 95. [Terms, Election, and Eligibility of Elected Officials] (Const. Art. 3, § 13 and Art. 7, § 53, added; Const. Art. 5, § 9, art. 7, §§ 19, 29, 46, and Amend. 41, amended) |
Amendments
- Added by voter approval of Issue 1 in 2016.
Amendment 96
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Amend. 96. [Governor's retention of powers and duties when absent from the state] (Const. Amend. 6, § 4, amended) |
Amendments
- Added by voter approval of Issue 2 in 2016.
Amendment 97
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Amend. 97. [Job creation, job expansion, and economic development] (Const. Art. 12, § 5, Amend. 62, §§ 1(b), 2, 5, 9, and Amend. 82, amended; Const. Amend. 62, § 3, repealed) |
Amendments
- Added by voter approval of Issue 3 in 2016.
Amendment 98
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§ 1. Short title. This amendment shall be known and cited as the “Arkansas Medical Marijuana Amendment of 2016”. § 2. Definitions. As used in this amendment: (1) “Acquire” or “acquisition” means coming to possess marijuana by means of any legal source herein authorized, not from an unauthorized source, and in accordance with this amendment and any rules promulgated under this amendment; (2) “Assist” or “assisting” means helping a qualifying patient make medical use of marijuana by enabling the medical use by any means authorized under this amendment; (3) “Cardholder” means a qualifying patient, a dispensary agent, a cultivation facility agent, or a designated caregiver; (4) "Cultivation facility" means an entity that:
(5) “Cultivation facility agent” means an employee, supervisor, or agent of a cultivation facility who:
amendment; (6)
(7) “Dispensary’ means an entity that has been licensed by the Medical Marijuana Commission under § 8 of this amendment; (8) “Dispensary agent” means:
(9) “Enclosed, locked facility" means a room, greenhouse, or other enclosed area equipped with locks or other security devices that permit access only by an authorized individual; (10) “Excluded felony offense" means:
(11) “Medical use” means the acquisition, possession, use, delivery, transfer, or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a qualifying patient’s qualifying medical condition or symptoms associated with the qualifying patient’s qualifying medical condition; (12) “Physician” means a doctor of medicine or doctor of osteopathic medicine who holds a valid, unrestricted, and existing license to practice in the state of Arkansas and has been issued a registration from the United States Drug Enforcement Administration to prescribe controlled substances; (13) “Qualifying medical condition” means one (1) or more of the following:
(14) "Qualifying patient" means a person who has been diagnosed by a physician as having a qualifying medical condition and who has registered with the department under § 5 of this amendment; (15) "Registry identification card" means a document issued by the department or the division that identifies a person as a qualifying patient, a dispensary agent, a cultivation facility agent, or a designated caregiver; (16) "Sealed" means to expunge, remove, sequester, and treat as confidential the record or records of a felony offense; (17)
(18) "Visiting qualifying patient" means a patient with a qualifying medical condition who is not a resident of Arkansas or who has been a resident of Arkansas for less than thirty (30) days and who is in actual possession of a registry identification card or its equivalent that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States and pertains to a qualifying medical condition under this section; and (19)
§ 3. Protections for the medical use of marijuana. (a) A qualifying patient or designated caregiver in actual possession of a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner or denied any right or privilege, including without limitation a civil penalty or disciplinary action by a business, occupational, or professional licensing board or bureau, for the medical use of marijuana in accordance with this amendment if the qualifying patient or designated caregiver possesses not more than two and one-half ounces (2 Y2 oz.) of usable marijuana. (b)
(c) A qualifying patient or designated caregiver shall not be subject to arrest, prosecution, or penalty in any manner or denied any right or privilege, including without limitation a civil penalty or disciplinary action by a business, occupational, or professional licensing board or bureau, for giving, or offering to give, up to two and one-half ounces (2 1/2 oz.) of usable marijuana to a qualifying patient or designated caregiver for the qualifying patient's medical use when nothing of value is transferred in return. (d) A designated caregiver is not prohibited from receiving compensation or reimbursement of expenses from a qualifying patient for assisting a qualifying patient with the medical use of marijuana. (e) A dispensary may:
(f)
(g) A person otherwise entitled to custody of, or visitation or parenting time with, a minor shall not be denied custody, visitation, or parenting time solely for conduct allowed under this amendment, nor shall there be:
(h)
(i) A person shall not be subject to arrest, prosecution, or penalty in any manner or denied any right or privilege, including without limitation a civil penalty or disciplinary action by a business, occupational, or professional licensing board or bureau, for providing a qualifying patient or designated caregiver with marijuana paraphernalia for purposes of facilitating the qualifying patient's medical use of marijuana. (j) Any marijuana, marijuana paraphernalia, licit property, or interest in licit property, that is possessed, owned, or used exclusively in connection with the medical use of marijuana as allowed under this amendment, or property incidental to such use, shall not be seized or forfeited. (k) A person shall not be subject to arrest, prosecution, or penalty in any manner or denied any right or privilege, including without limitation a civil penalty or disciplinary action by a business, occupational, or professional licensing board or bureau, simply for being in the presence or vicinity of the medical use of marijuana as allowed under this amendment or for directly assisting a physically disabled qualifying patient with the medical use of marijuana. (l)
§ 4. Qualifying Patient - Administration and Enforcement - Rules. (a)
Procedure Act, § 25-15-201 et seq. (b) Not later than one hundred eighty (180) days after the effective date of this amendment, the department shall adopt rules governing:
30 safety risks associated with smoking and a list of places and conditions in 31 which smoking marijuana for medical use is illegal in the State of Arkansas;
(c)
(d) The department shall adopt rules within one hundred eighty {180) days of the effective date of this amendment that govern the manner in which a designated caregiver assists a physically disabled qualifying patient or a qualifying patient under the age of eighteen (18) with the medical use of marijuana. § 5. Registry identification cards. (a) The Department of Health shall issue registry identification cards to qualifying patients and designated caregivers who submit in accordance with the rules promulgated by the department:
(b) The department shall not issue a registry identification card to a qualifying patient who is under eighteen (18) years of age unless:
(c)
(d)
(f)
(g)
(h) The department, division, and commission shall submit to the General Assembly an annual report that does not disclose any identifying information about cardholders or physicians but contains at a minimum:
§ 6. Scope. (a) This amendment does not permit a person to:
(b) This amendment does not require:
§ 7. Affirmative defense and dismissal for medical use of marijuana. (a) Except as provided in § 6 of this amendment and this section, an individual may assert a medical purpose for using marijuana as an affirmative defense to prosecution for an offense involving marijuana intended for the individual's medical use, and this defense shall be presumed valid and the prosecution shall be dismissed where the evidence demonstrates that the individual is:
(b) The defense and motion to dismiss shall not prevail if either of the following are proven:
(c) An individual is not required to be in actual physical possession of a registry identification card to raise the affirmative defense set forth in this section. (d) If an individual demonstrates a medical use of marijuana under this section, except as provided in§ 6 of this amendment, the individual shall not be subject to the following:
§ 8. Licensing of dispensaries and cultivation facilities. (a)
(b)
(c) The following individuals associated with a dispensary or cultivation facility shall be current residents of Arkansas who have resided in the state for the previous seven (7) consecutive years:
(d) Not later than one hundred eighty (180) days after the effective date of this amendment, the commission shall adopt rules governing: (1) The manner in which the commission considers applications for and renewals of licenses for dispensaries and cultivation facilities; (2) The form and content of registration and renewal applications for dispensaries and cultivation facilities; and (3) Any other matters necessary for the commission's fair, impartial, stringent, and comprehensive administration of its duties under this amendment. (e) Not later than one hundred twenty (120) days after the effective date of this amendment, the division shall adopt rules governing:
(f)
(g)
facility:
(h) The commission shall issue at least twenty (20) but no more than forty (40) dispensary licenses. (i) There shall be no more than four (4) dispensaries in any one (1) county. (j) The commission shall issue at least four (4) but no more than eight (8) cultivation facility licenses. (k) The commission may conduct a criminal records check in order to carry out this section. (l)
(m)
allowed by this section .
(n)
(o) The commission may charge a reasonable fee as established by rule for the issuance of a renewal license. § 9. Registration and certification of cultivation facility agents and dispensary agents. (a)
(b)
(c) Not later than one hundred eighty (180) days after the effective date of this amendment, the division shall adopt rules governing:
(d) The division may conduct criminal records checks in order to carry out this section. (e) Except as provided herein, the division shall issue each dispensary agent and cultivation facility agent a registry identification card within ten (10) days of receipt of:
(f)
(g)
(h) The division may charge a reasonable fee as established by rule for the issuance of a new, renewal or replacement registry identification card. (i)
§ 10. Dispensary and cultivation facility Inspections and requirements. (a) Dispensaries and cultivation facilities are highly regulated by the state, and a dispensary and cultivation facility is therefore subject to reasonable inspection by the Alcoholic Beverage Control Division. (b)
§ 11. Immunity for dispensaries and cultivation facilities. (a) A dispensary or cultivation facility is not subject to the following:
(b)
§ 12. Prohibitions for dispensaries. (a) Except as provided in § 3 of this amendment, a dispensary may not dispense, deliver, or otherwise transfer marijuana to a person other than a qualifying patient or designated caregiver. (b)
§ 13. Prohibitions for cultivation facilities. A cultivation facility may sell marijuana plants, seeds, and usable marijuana only to a dispensary or other cultivation facility. § 14. Local regulation. (a) This amendment does not prohibit a city, incorporated town, or county of this state from enacting reasonable zoning regulations applicable to dispensaries or cultivation facilities, provided that those zoning regulations are the same as those for a licensed retail pharmacy. (b) This section does not allow a city, incorporated town, or county to prohibit the operation of any dispensaries or cultivation facilities in the city, incorporated town, or county unless such a prohibition is approved at an election under Article 5, § 1, of this constitution. § 15. Prohibited conduct for physicians. A physician shall not:
§ 16. Failure to adopt rules or issue registry identification cards or licenses. If the Department of Health, Alcoholic Beverage Control Division, or Medical Marijuana Commission fails to adopt rules to implement this amendment within the time prescribed or fails to issue the minimum number of dispensary licenses or cultivation facility licenses, any person who would be a qualifying patient under this amendment may commence a mandamus action in Pulaski County Circuit Court to compel the department, division, or commission to perform the actions mandated under the provisions of this amendment. § 17. Taxation and distribution of proceeds. (a) The sale of usable marijuana is subject to all state and local sales taxes at the same rate as other goods. (b) The states sales tax revenues received by the Department of Finance and Administration from the sale of usable marijuana under this amendment shall be distributed as follows:
(c) An entity receiving a grant of state sales tax revenue under subsection (b) of this section may make one (1) or more successive grant applications for the same project or projects. § 18. Costs of administration and regulation of amendment. (a) The following funds shall be used by the Department of Health to perform its duties under this amendment:
(b) The following funds shall be used by the Alcoholic Beverage Control Division to perform its duties under this amendment:
(c) The following funds shall be used by the Medical Marijuana Commission to perform its duties under this amendment:
§ 19. Medical Marijuana Commission - Creation.
(b)
(c) A member of the commission shall be:
(d)
(e)
(f)
§ 20. No implied repeal. (a) By adoption of this amendment, there is no implied repeal of the existing Arkansas laws criminalizing possession of marijuana for purposes not specified in this amendment. (b) This amendment acknowledges that marijuana use, possession, and distribution for any purpose remains illegal under federal law. § 21. Limitation on growing. This amendment: (1) Authorizes the growing of marijuana at a dispensary or cultivation facility that is properly licensed with the state; and (2) Does not authorize a qualifying patient, designated caregiver, or other person to grow marijuana. § 22. Severabillty. If any provision or section of this amendment or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provisions or application of the amendment that can be given effect without the invalid provisions or applications, and to this end the provisions of this amendment are declared to be severable. § 23. Amendment by General Assembly. (a) Except as provided in subsection (b) of this section, the General Assembly, in the same manner as required for amendment of laws initiated by the people, may amend the sections of this amendment so long as the amendments are germane to this section and consistent with its policy and purposes. (b) The General Assembly shall not amend the following provisions of this amendment:
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Amendments
- Approved via Arkansas Medical Marijuana Amendment, Issue 6 (2016) and then edited, in accordance with the initiative, by House Bill 1400, House Bill 1026, and Bill 1058. HB 1400, HB 1026, and HB 1058 were not approved by voters according to a provision in Issue 6 allowing the legislature to amend any provision except the sections legalizing medical marijuana and setting the number of dispensaries through a two-thirds (66.67%) vote without voter ratification.
Amendment 99
Arkansas Issue 2, approved by voters in 2018, amended Section 1 of Article 3 of the Arkansas Constitution.
Amendment 100
| SECTION 1. The following is added as an amendment to the Arkansas Constitution:
§ 1. Short title. This Amendment shall be known and cited as "The Arkansas Casino Gaming Amendment of 2018." § 2. Definitions. For purposes of this Amendment, the below terms are defined as follows:
this Amendment.
trust, or other entity applying for a license to conduct casino gaming at a casino.
maintaining, or exposing for play any game played with cards, dice, equipment, or any mechanical, electromechanical, or electronic device or machine for money, property, checks, credit, or any representative value. Casino gaming shall also be defined to include accepting wagers on sporting events. "Casino gaming" does not include lotteries conducted pursuant to Amendment 87 and/or The Arkansas Scholarship Lottery Act, Ark. Code Ann.§ 23-115-101 et seq.
to conduct casino gaming at a casino.
trust, or other entity holding a license issued by the Arkansas Racing Commission to conduct casino gaming at a casino.
trust, or other entity holding a franchise to conduct horse racing under the Arkansas Horse Racing Law, Ark. Code Ann.§ 23-110-101 et seq., or greyhound racing under the Arkansas Greyhound Racing Law, Ark. Code Ann.§ 23-111-101 et seq. as ofDecember 31, 2017.
percent of alcohol by weight.
amounts paid out or reserved as winnings to casino patrons.
control law of the State of Arkansas to purchase controlled beverages from a manufacturer, importer, or domestic wine or brandy producer only and to sell such controlled beverages to retailers only. § 3. Authorizing Casinos and Casino Gaming.
provided in this Amendment.
federal law. Franchise holders may continue to accept wagers on horse and greyhound racing as now or hereafter provided under the Arkansas Horse Racing Law, Ark. Code Ann.§ 23-110-101 et seq., and the Arkansas Greyhound Racing Law, Ark. Code Ann.§ 23-111-101 et seq., as the case may be.
from time to time enact laws, and appropriate monies to or for the use of the Arkansas Racing Commission. Initial laws and appropriations enacted by the General Assembly pursuant hereto shall be in full force and effect no later than June 30, 2019.
§ 4. Licensing of Casinos and Casino Gaming.
including their issuance and renewal, and shall administer and enforce the provisions of this Amendment relating to all casino licensees. Each casino license shall be issued for the purpose of requiring casino licensees to conduct casino gaming at a casino as provided in this Amendment and by regulation of the Arkansas Racing Commission, and all other applicable law.
the provisions of the Local Option Horse Racing and Greyhound Racing Electronic Games of Skill Act, Ark. Code Ann. § 23-113-101 et seq.
$250,000;
for issuance of casino licenses;
licensees that violate the provisions of this Amendment or the rules adopted under this Amendment;
only to a party who has casino gaming experience.
comprehensive administration of its duties under this Amendment.
applications for casino licenses.
applicant; and
zoning restrictions, a sworn statement certifying that the casino will operate in compliance with the restrictions;
shareholders, board members, or officers of the casino applicant:
offense as defined by the Arkansas Racing Commission;
support, or a quorum court member that votes in favor of a letter of support as identified in this Amendment.
Amendment, to a Franchise holder located in Crittenden County, there being only one, to conduct casino gaming at a casino to be located at or adjacent to the Franchise holder's greyhound racing track and gaming facility as of December 31, 2017 in Crittenden County. The Arkansas Racing Commission shall also issue a casino license, as provided in this Amendment, to a Franchise holder located in Garland County, there being only one, to conduct casino gaming at a casino to be located at or adjacent to the Franchise holder's horse racing track and gaming facility as of December 31, 2017 in Garland County. Casino licenses to be issued to Franchise holders shall be issued upon:
the purposes of this Amendment; and
force and effect.
casino to be located in Jefferson County within two miles of the city limits of the county seat.
license.
license in Jefferson County to demonstrate experience conducting casino gaming.
license in Jefferson County to submit either a letter of support from the county judge or a resolution from the quorum court in Jefferson County and, if the proposed casino is to be located within a city or town, shall also require all casino applicants to include a letter of support from the mayor in the city or town where the applicant is proposing the casino to be located.
casino licenses in order to be issued a casino license.
more than one casino license in Arkansas.
days to any licensed casino that complies with the requirements contained in this Amendment, including without limitation the payment of the casino license renewal fee, which shall not exceed $10,000. Casino licenses shall be renewed every ten years.
$200,000 for compulsive gambling disorder treatment and compulsive gambling disorder educational programs.
Human Services to implement the compulsive gambling disorder treatment programs and the compulsive gambling disorder educational programs under this section.
Services for providing all services related to and administration of the compulsive gambling disorder treatment programs and the compulsive gambling disorder educational programs.
compulsive gambling disorder treatment programs and the compulsive gambling disorder educational programs.
(A) March or November in a year when a presidential election is held: or (B) May or November of all other years.
(B) Special elections held in months in which a preferential primary election or general election is scheduled to occur shall be held on the date of the preferential primary election or general election.
(A) State the date of the special election; and (B) Require the special election ballot to set forth the question substantially as follows: "FOR a casino in [ ] County AGAINST a casino in [ ] County
§ 5. Graduated taxation and distribution of proceeds.
net casino gaming receipts tax as follows:
thereof;
receipts, use, employment, and other taxation as any for-profit business located in the county and city or town in which the casino is located, except that no sales or gross receipts tax shall apply to casino gaming receipts or net casino gaming receipts.
Arkansas Racing Commission Purse and Awards Fund to be used only for purses for live horse racing and greyhound racing by the Franchise holders, as the case may be, and then to be apportioned as set forth in section ( e ),
casino is not located within a city or town, then the 19.5% dedicated to the city or town shall go to the county in which the casino is located.
derived by the taxes levied under this Amendment referenced in section ( c )(2) to the Arkansas Racing Commission to be distributed to the Franchise holders as follows: for the period prior to January I, 2024, 60% shall be distributed to the Franchise holder operating a franchise to conduct horse racing, and 40% shall be distributed to the Franchise holder operating a franchise to conduct greyhound racing; and for each calendar year thereafter, pro rata to the Franchise holders based upon the total respective amounts of each Franchise holder's pari-mutuel wagering handle during each respective immediately preceding calendar year from wagers placed on and off-track on the Franchise holder's live races (horse or greyhound, as the case may be) conducted at the Franchise holder's licensed premises.
percentage allocations made in section ( c) to the designated entities. § 6. Contribution to purses and promotion of Arkansas thoroughbred and greyhound breeding activities.
amount equal to 14% of the net casino gaming receipts shall be set aside by the Franchise holder in a separate account and used only for purses for live horse racing by the Franchise holder.
racing, an amount equal to 14% of the net casino gaming receipts shall be set aside by the Franchise holder in a separate account and used only for purses for live greyhound racing and for capital improvements to the Franchise holder's facility by the Franchise holder. The amount of net casino gaming receipts set aside in this paragraph shall be apportioned as follows:
amount so apportioned for capital improvements shall be matched by the Franchise holder and used only for capital improvements to the Franchise holder's facility.
amount equal to l % of the net casino gaming receipts by the horse racing Franchise holder shall be paid by the Franchise holder to the Arkansas Racing Commission for deposit into the Arkansas Racing Commission Purse and Awards Fund to be used for purse supplements, breeders' awards, owners' awards, and stallion awards as provided in Ark. Code Ann.§ 23-110- 409 in order to promote and encourage thoroughbred horse breeding activities in Arkansas.
racing, an amount equal to 1 % of the net casino gaming receipts by the greyhound racing Franchise holder shall be paid by the Franchise holder to the Arkansas Racing Commission to be used for breeders' awards as provided in the Arkansas Racing Commission's rules and regulations governing greyhound racing in Arkansas in order to promote and encourage greyhound breeding activities in Arkansas.
set forth in this section shall not be subject to any contract or agreement between the Franchise holder and any organization representing horsemen or greyhound owners or trainers, to the end that any such contractual obligations for the use of moneys for purses shall not apply to the funds dedicated to purses and breeding activities as set forth in this section.
intended to be in addition to any such contractual purse obligations affecting moneys other than the amounts dedicated to purses and breeding activities as set forth in this section, as well as in addition to amounts required to be used for purses and breeding activities under applicable provisions of the Arkansas Horse Racing Law, Ark. Code Ann.§ 23-110-101 et seq., and the Arkansas Greyhound Racing Law, Ark. Code Ann.§ 23-111-101 et seq., as the case may be.
compliance by the Franchise holders with the provisions of this section and shall make periodic determinations as to compliance under rules and regulations adopted by the Arkansas Racing Commission. § 7. Other operational provisions.
or all of any day.
complimentary servings of intoxicating liquor, only for on-premises consumption at the casinos, during all hours in which the casino licensees conduct casino gaming. To that extent, casino licensees shall not be subject to Ark. Code Ann. § 3-3-211, which prohibits the sale of intoxicating liquor on Christmas Day, and Ark. Code Ann.§ 3-9-201, et seq. and other applicable Arkansas law requiring the residents of a dry county or city to vote to approve the sale of intoxicating liquor. Casino licensees shall purchase all intoxicating liquor from a Wholesaler. Casino licensees shall be subject to all other applicable Arkansas laws involving the distribution and sale of intoxicating liquor that do not conflict with any provision of this Amendment. § 8. Legal shipment of gambling devices into State. All shipments of gambling devices, including slot machines, that are duly registered, recorded, and labeled by the manufacturer and/or dealer thereof in accordance with applicable federal law into any county of this State in which casino gaming is authorized in accordance with this Amendment shall be deemed legal shipments. § 9. Effect on existing law.
laws criminalizing gambling for purposes not specified in this Amendment.
(authorizing bingo and raffles), Amendment 87 (creating the state scholarship lottery), or Act 1151 of 2005 (authorizing electronic games of skill), to the extent those Amendments and statute do not conflict with this Amendment. § 10. Inconsistent provisions inapplicable. All provisions of the Constitution, statutes, and common law of this State, including without limitation laws forbidding the judicial enforcement of gambling debts and statutes declaring gambling to be a crime, to the extent inconsistent or in conflict with any provision of this Amendment are expressly declared null and void as to, and do not apply to, any activities allowed under this Amendment. § 11. Severability. If any provision or section of this Amendment or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provisions or application of the Amendment that can be given effect without the invalid provisions or applications, and to this end the provisions of this Amendment are declared to be severable. SECTION 2. EFFECTIVE DATE. This Amendment shall be effective on and after November 14, 2018. |
Amendments
- Amendment 100 was added to the state constitution via voter approval of Issue 4 in 2018.
- Amended by Issue 2 in 2024.
Amendment 101
|
Amend. 101. [Transportation sales tax continuation) § 1. Intent of amendment. (a) Arkansas Constitution, Amendment 91, levies a one-half percent sales and use tax to provide additional funding for the state’s four-lane highway system, county roads, and city streets. (b) The one-half percent sales and use tax under Arkansas Constitution, Amendment 91, shall be abolished when there are no bonds outstanding to which tax collections are pledged as provided in this amendment. (c) Notwithstanding Arkansas Constitution, Amendment 91, § 8, it is the intent of this amendment that the sales and use tax levied under Arkansas Constitution, Amendment 91, continue after the retirement of the bonds authorized in Arkansas Constitution, Amendment 91, to provide special revenue for use of maintaining, repairing, and improving the state’s system of highways, county roads, and city streets.
(a)
(b)
§ 3. Disposition of revenue. (a) The revenue from the taxes levied under § 2 of this amendment shall be distributed to the State Highway and Transportation Department Fund, the County Aid Fund, and the Municipal Aid Fund in the percentages provided in sections § 27-70-201 and § 27-70-206 of the Arkansas Highway Revenue Distribution Law. (b) No revenue derived from the taxes levied under § 2 of this amendment shall be used to secure bonds issued by the State Highway Commission. § 4. Effective date. (a) If the Chief Fiscal Officer of the State determines that a written statement under Arkansas Constitution, Amendment 91, § 8(b), has been filed with the Chief Fiscal Officer of the State before June 1, 2023, the tax under § 2 of this amendment shall be levied and collected on and after July 1, 2023. (b) If a written statement under Arkansas Constitution, Amendment 91, § 8(b), has not been filed with the Chief Fiscal Officer of the State before June 1, 2023, the tax under § 2 of this amendment shall not be levied and collected until the first day of the first calendar quarter beginning more than thirty (30) days after a written statement under Arkansas Constitution, Amendment 91, § 8(b), is filed with the Chief Fiscal Officer of the State. |
Amendments
- Added by voter approval of Issue 1 in 2020.
Amendment 102
|
Amend. 102. [Arkansas Term Limits Amendment (Const., Amend. 73, §, amended ). |
Amendments
Amendment 102 was an amendment to Amendment 73, which may be found here.
See also
- State constitution
- Constitutional article
- Constitutional amendment
- Constitutional revision
- Constitutional convention
- Amendments
External links
Additional reading
- Cash, Marie. "Arkansas Achieves Statehood.” Arkansas Historical Quarterly 2 (December 1943): 292.
- Goss, Kay C. (1993) The Arkansas State Constitution: A Reference Guide. Westport, Connecticut: Greenwood Press.
- Civil War Helena, "The Constitution of 1868"
- Ledbetter, Jr., Cal, "The Constitution of 1868: Conqueror's Constitution or Constitutional Continuity?" in The Arkansas Historical Quarterly
Footnotes
- ↑ Text of Amendment 1
- ↑ Text of Amendment 2
- ↑ Text of Amendment 3
- ↑ Text of Amendment 4
- ↑ Text of Amendment 5
- ↑ Text of Amendment 5
- ↑ Text of Amendment 6
- ↑ Text of Amendment 6
- ↑ Text of Amendment 7
- ↑ Text of Amendment 7
- ↑ Text of Amendment 8
- ↑ Text of Amendment 8 (dead link)
- ↑ Text of Amendment 9
- ↑ Text of Amendment 10
- ↑ Text of Amendment 10
- ↑ Text of Amendment 11
- ↑ Text of Amendment 12
- ↑ Text of Amendment 13
- ↑ Text of Amendment 14
- ↑ Text of Amendment 16
- ↑ Text of Amendment 16
- ↑ Text of Amendment 17
- ↑ Text of Amendment 18
- ↑ Text of Amendment 19
- ↑ Text of Amendment 20
- ↑ Text of Amendment 21
- ↑ Text of Amendment 22
- ↑ Text of Amendment 23
- ↑ Text of Amendment 23
- ↑ Text of Amendment 24
- ↑ Text of Amendment 24
- ↑ Text of Amendment 25
- ↑ Text of Amendment 26
- ↑ Text of Amendment 27
- ↑ Text of Amendment 28
- ↑ Text of Amendment 29
- ↑ Text of Amendment 30
- ↑ Text of Amendment 31
- ↑ Text of Amendment 32
- ↑ Text of Amendment 33
- ↑ Text of Amendment 34
- ↑ Text of Amendment 35
- ↑ Text of Amendment 36
- ↑ Text of Amendment 37
- ↑ Text of Amendment 38
- ↑ Text of Amendment 39
- ↑ Text of Amendment 40
- ↑ Amendment 11
- ↑ Text of Amendment 41
- ↑ Text of Amendment 42
- ↑ Text of Amendment 43
- ↑ Text of Amendment 44
- ↑ Text of Amendment 45
- ↑ Text of Amendment 23
- ↑ Text of Amendment 46
- ↑ Text of Amendment 47
- ↑ Text of Amendment 48
- ↑ Text of Amendment 44
- ↑ Text of Amendment 50
- ↑ Text of Amendment 51
- ↑ Text of Amendment 52
- ↑ Text of Amendment 53
- ↑ Amendment 53
- ↑ Text of Amendment 54
- ↑ Text of Amendment 55
- ↑ Text of Amendment 56
- ↑ Text of Amendment 57
- ↑ Text of Amendment 58
- ↑ Text of Amendment 59
- ↑ Amendment 59
- ↑ Text of Amendment 60
- ↑ Text of Amendment 61
- ↑ Text of Amendment 61
- ↑ Text of Amendment 62
- ↑ Text of Amendment 64
- ↑ Text of Amendment 65
- ↑ Text of Amendment 66
- ↑ Text of Amendment 67
- ↑ Text of Amendment 68
- ↑ Text of Amendment 69
- ↑ Text of Amendment 70
- ↑ Text of Amendment 71
- ↑ Text of Amendment 72
- ↑ Text of Amendment 73
- ↑ Cornell Law School, "U.S. Term Limits, Inc. v. Thornton, decided May 22, 1995
- ↑ Text of Amendment 74
- ↑ Amendment 74
- ↑ Text of Amendment 75
- ↑ Text of Amendment 76
- ↑ Text of Amendment 77
- ↑ Text of Amendment 78
- ↑ Text of Amendment 79
- ↑ Text of Amendment 80
- ↑ Text of Amendment 81
- ↑ Text of Amendment 82
- ↑ Text of Amendment 83
- ↑ Text of Amendment 84
- ↑ Text of Amendment 85
- ↑ Text of Amendment 86
- ↑ Text of Amendment 87
- ↑ Text of Amendment 88
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