ARKANSAS CONSTITUTION
ARTICLE XIX
MISCELLANEOUS PROVISIONS

Art. XIX §1 | ATHEISTS DISQUALIFIED FROM HOLDING OFFICE OR TESTIFYING AS WITNESS

No person who denies the being of a God shall hold any office in the civil departments of this State, nor be competent to testify as a witness in any Court.

Art. XIX §2 | DUELING

No person who may hereafter fight a duel, assist in the same as second, or send, accept, or knowingly carry a challenge therefor, shall hold any office in the State, for a period of ten years; and may be otherwise punished as the law may prescribe.

Art. XIX §3 | ELECTED OR APPOINTED OFFICERS — QUALIFICATIONS OF AN ELECTOR REQUIRED

No persons shall be elected to, or appointed to fill a vacancy in, any office who does not possess the qualifications of an elector.

Art. XIX §4 | RESIDENCE OF OFFICERS

All civil officers for the State at large shall reside within the State, and all district, county and township officers within their respective districts, counties and townships, and shall keep their offices at such places therein as are now, or may hereafter be required by law.

Art. XIX §5 | OFFICERS — HOLDING OVER

All officers shall continue in office after the expiration of their official terms, until their successors are elected and qualified.

Art. XIX §6 | DUAL OFFICE HOLDING PROHIBITED

No person shall hold or perform the duties of more than one office in the same department of the government at the same time, except as expressly directed or permitted by this Constitution.

Art. XIX §7 | RESIDENCE — TEMPORARY ABSENCE NOT TO FORFEIT

Absence on business of the State, or of the United States, or on a visit, or on necessary private business, shall not cause a forfeiture of residence once obtained.

Art. XIX §8 | DEDUCTION FROM SALARIES

It shall be the duty of the General Assembly to regulate, by law in what cases, and what, deductions from the salaries of public officers shall be made for neglect of duty in their official capacity.

Art. XIX §9 | PERMANENT STATE OFFICES — CREATION RESTRICTED

The General Assembly shall have no power to create any permanent State Office, not expressly provided for by this Constitution.

Art. XIX §10 | ELECTION RETURNS — STATE OFFICERS

Returns for all elections, for officers who are to be commissioned by the Governor, and for members of the General Assembly, except as otherwise provided by this Constitution, shall be made to the Secretary of State.

Art. XIX §11 | [REPEALED.]

Art. XIX §12 | RECEIPTS AND EXPENDITURES TO BE PUBLISHED

An accurate and detailed statement of the receipts and expenditures of the public money, the several amounts paid, to whom and on what account, shall, from time to time, be published as may be prescribed by law.

Art. XIX §13 | [REPEALED.]

Art. XIX §14 | LOTTERIES

(a) The General Assembly may enact laws to establish, operate, and regulate State lotteries.

(b) Lottery proceeds shall be used solely to pay the operating expenses of lotteries, including all prizes, and to fund or provide for scholarships and grants to citizens of this State enrolled in public and private non‐profit two‐year and four‐year colleges and universities located within the State that are certified according to criteria established by the General Assembly. The General Assembly shall establish criteria to determine who is eligible to receive the scholarships and grants pursuant to this Amendment.

(c) Lottery proceeds shall not be subject to appropriation by the General Assembly and are specifically declared to be cash funds held in trust separate and apart from the State treasury to be managed and maintained by the General Assembly or an agency or department of the State as determined by the General Assembly.

(d) Lottery proceeds remaining after payment of operating expenses and prizes shall supplement, not supplant, non‐lottery educational resources.

(e) This Amendment does not repeal, supersede, amend or otherwise affect Amendment 84 to the Arkansas Constitution or games of bingo and raffles permitted therein.

(f) Except as herein specifically provided, lotteries and the sale of lottery tickets are prohibited.

Art. XIX §15 | [REPEALED.]

Art. XIX §16 | CONTRACTS FOR PUBLIC BUILDINGS OR BRIDGES

All contracts for erecting or repairing public buildings or bridges in any county, or for materials therefor; or for providing for the care and keeping of paupers, where there are no alms-houses, shall be given to the lowest responsible bidder, under such regulations as may be provided by law.

Art. XIX §17 | DIGEST OF LAWS — PUBLICATION

The laws of this State, civil and criminal, shall be revised, digested, arranged, published and promulgated at such times and in such manner as the General Assembly may direct.

Art. XIX §18 | SAFETY OF MINERS AND TRAVELERS

The General Assembly, by suitable enactments, shall require such appliances and means to be provided and used as may be necessary to secure, as far as possible, the lives, health and safety of persons employed in mining, and of persons traveling upon railroads, and by other public conveyances, and shall provide for enforcing such enactments by adequate pains and penalties.

Art. XIX §19 | DEAF AND DUMB AND BLIND AND INSANE PERSONS

It shall be the duty of the General Assembly to provide by law for the support of institutions for the education of the deaf and dumb, and of the blind; and also for the treatment of the insane.

Art. XIX §20 | OATH OF OFFICE

Senators and Representatives, and all judicial and executive, State and county officers, and all other officers, both civil and military, before entering on the duties of their respective offices, shall take and subscribe to the following oath of affirmation:

“I, ________________, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Arkansas, and that I will faithfully discharge the duties of the office of ________, upon which I am now about to enter.”

Art. XIX §21 | SURETIES ON OFFICIAL BONDS — QUALIFICATIONS — BONDING COMPANIES

The sureties upon the official bonds of all State Officers shall be residents of, and have sufficient property within the State, not exempt from sale under execution, attachment or other process of any court, to make good their bonds and the sureties upon the official bonds of all county officers shall reside within the counties where such officers reside, and shall have sufficient property therein, not exempt from such sale, to make good their bonds; provided, however, that any surety, bonding or guaranty company, organized for the purpose of doing a surety, or bonding business, and authorized to do business, in this State, may become surety on the bonds of all State, County and Municipal Officers under such regulations as may be prescribed by law.

Art. XIX §22 | CONSTITUTIONAL AMENDMENTS

Either branch of the General Assembly, at a regular session thereof, may propose amendments to this Constitution; and if the same be agreed to by a majority of all members elected to each house, such proposed amendments 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; and if a majority of the electors voting at such election adopt such amendments, the same shall become a part of this Constitution. But no more than three amendments shall be proposed or submitted at the same time. They shall be so submitted as to enable the electors to vote on each amendment separately.

Art. XIX §23 | [REPEALED.]

Art. XIX §24 | ELECTION CONTESTS

The General Assembly shall provide by law the mode of contesting elections in cases not specifically provided for in this Constitution.

Art. XIX §25 | SEAL OF STATE

The present seal of the State shall be and remain the seal of the State of Arkansas until otherwise provided by law, and shall be kept and used as provided in this Constitution.

Art. XIX §26 | OFFICERS ELIGIBLE TO EXECUTIVE OR JUDICIAL OFFICE

Militia officers, and officers of the public schools, and Notaries may be elected to fill any executive or judicial office.

Art. XIX §27 | LOCAL IMPROVEMENTS — MUNICIPAL ASSESSMENTS

Nothing in this Constitution shall be so construed as to prohibit the General Assembly from authorizing assessments on real property for local improvements, in towns and cities, under such regulations as may be prescribed by law; to be based upon the consent of a majority in value of the property-holders owning property adjoining the locality to be affected; but such assessments shall be ad valorem and uniform.

Art. XIX §28 | CONTRIBUTIONS

(a)

(1) It is unlawful for a candidate for public office or a person acting on the candidate’s behalf to:

(A) Accept a contribution from other than:

(i) An individual;

(ii) A political party that meets the definition of a political party under Arkansas Code § 7-1-101;

(iii) A political party that meets the requirements of Arkansas Code § 7-7-205;

(iv) A county political party committee;

(v) A legislative caucus committee; or

(vi) An approved political action committee; or

(B) Accept a contribution in excess of the maximum amount allowed by law per election from:

(i) An individual; (ii) A political party that meets the definition of a political party under Arkansas Code § 7-1-101;

(iii) A political party that meets the requirements of Arkansas Code § 7-7-205;

(iv) A county political party committee;

(v) A legislative caucus committee; or

(vi) An approved political action committee.

(2) A candidate may accept a contribution or contributions up to the maximum amount allowed by law from a prospective contributor for each election, whether opposed or unopposed.

(b)

(1) It is unlawful for an individual, a political party that meets the definition of a political party under Arkansas Code § 7-1-101, a political party that meets the requirements of Arkansas Code § 7-7-205, a county political party committee, a legislative caucus committee, or an approved political action committee to make a contribution to a candidate for public office, or to a person acting on the candidate’s behalf, that in the aggregate exceeds the maximum amount allowed by law.

(2) The following entities may make a contribution or contributions up to the maximum amount allowed by law to a candidate, whether opposed or unopposed, for each election:

(A) An individual; (B) A political party that meets the definition of a political party under Arkansas Code § 7-1-101;

(C) A political party that meets the requirements of Arkansas Code § 7-7-205;

(D) A county political party committee;

(E) A legislative caucus committee; or

(F) An approved political action committee.

(1)

(A) “Approved political action committee” means any person that:

(i) Receives contributions from one (1) or more persons in order to make contributions to a candidate, ballot question committee, legislative question committee, political party, county political party committee, or other political action committee;

(ii) Does not accept any contribution or cumulative contributions in excess of five thousand dollars ($5,000) from any person in any calendar year; and

(iii) Registers pursuant to Arkansas Code § 7-6-215 prior to making contributions.

(B) “Approved political action committee” does not include an organized political party as defined in § 7-1-101, a county political party committee, the candidate’s own campaign committee, an exploratory committee, or a ballot question committee or legislative question committee as defined in § 7-9-402;

(2) “Candidate” means an individual who has knowingly and willingly taken affirmative action, including solicitation of funds, for the purpose of seeking nomination for or election to any public office;

(3)

(A) “Contribution” or “contributions” means, whether direct or indirect, advances, deposits, or transfers of funds, contracts, or obligations, whether or not legally enforceable, payments, gifts, subscriptions, assessments, payment for services, dues, advancements, forbearance, loans, or pledges or promises of money or anything of value, whether or not legally enforceable, to a candidate, committee, or holder of elective office made for the purpose of influencing the nomination or election of any candidate. (B)

(i) “Contribution” or “contributions” includes the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events; the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; and any payments for the services of any person serving as an agent of a candidate or committee by a person other than the candidate or committee or persons whose expenditures the candidates or committee must report under Arkansas law.

(ii) “Contribution” or “contributions” further includes any transfer of anything of value received by a committee from another committee.

(C) “Contribution” or “contributions” does not include noncompensated, nonreimbursed, volunteer personal services or travel;

(4) “County political party committee” means a person that:

(A) Is organized at the county level for the purpose of supporting its affiliate party and making contributions;

(B) Is recognized by an organized political party, as defined in Arkansas Code § 7-1-101, as being affiliated with that political party;

(C) Receives contributions from one (1) or more persons in order to make contributions to a candidate, ballot question committee, legislative question committee, political party, political action committee, or other county political party committee;

(D) Does not accept any contribution or cumulative contributions in excess of five thousand dollars ($5,000) from any person in any calendar year; and

(E) Registers pursuant to Arkansas Code § 7-6-226 prior to making contributions;

(5)

(A) “Election” means each election held to nominate or elect a candidate to any public office, including school elections.

(B) For the purposes of this section, a preferential primary, a general primary, a special election, and a general election shall each constitute a separate election;

(6) “Expenditure” or “expenditures” means a purchase, payment, distribution, gift, loan, or advance of money or anything of value, and a contract, promise, or agreement to make an expenditure, made for the purpose of influencing the nomination or election of any candidate;

(7)

(A) “Exploratory committee” means a person that receives contributions which are held to be transferred to the campaign of a single candidate in an election.

(B) “Exploratory committee” does not include:

(i) A political party:

(a) That meets the definition of a political party under Arkansas Code § 7-1-101; or

(b) A political party that meets the requirements of Arkansas Code § 7-7-205; or

(ii) The candidate’s own campaign committee;

(8)

(A) “Legislative caucus committee” means a person that is composed exclusively of members of the General Assembly, that elects or appoints officers and recognizes identified legislators as members of the organization, and that exists for research and other support of policy development and interests that the membership hold in common.

(B) “Legislative caucus committee” includes, but is not limited to, a political party caucus of the General Assembly, the Senate, or the House of Representatives.

(C) An organization whose only nonlegislator members are the Lieutenant Governor or the Governor is a “legislative caucus committee” for the purposes of this section;

(9)

(A) “Person” means any individual, proprietorship, firm, partnership, joint venture, syndicate, labor union, business trust, company, corporation, association, committee, or any other organization or group of persons acting in concert.

(B) “Person” includes:

(i) A political party that meets the definition of a political party under Arkansas Code § 7-1-101 or a political party that meets the requirements of Arkansas Code § 7-7-205;

(ii) A county political party committee; and

(iii) A legislative caucus committee; and

(10) “Public office” means an office created by or under authority of the laws of the State of Arkansas or of a subdivision thereof that is filled by the voters, except a federal office.

(d)

(1) A person who knowingly violates this section is guilty of a Class A misdemeanor.

(2) In addition to the penalty under subdivision (d)(1) of this section, the General Assembly shall provide by law for this section to be under the jurisdiction of the Arkansas Ethics Commission, including without limitation authorization of the following actions by the Arkansas Ethics Commission:

(A) Promulgating reasonable rules to implement and administer this section as necessary;

(B) Issuing advisory opinions and guidelines on the requirements of this section; and

(C) Investigating complaints of alleged violations of this section and rendering findings and disciplinary action for such complaints.

(e)

(1)

(A) Except as provided in subdivision (e)(1)(B) of this section, the General Assembly, in the same manner as required for amendment of laws initiated by the people, may amend this section so long as such amendments are germane to this section and consistent with its policy and purposes.

(B) The General Assembly may amend subsection (d) of this section by a majority vote of each house.

(2)

(A) If an act of the General Assembly amends this section, the Arkansas Code Revision Commission may, by a majority vote of the Arkansas Code Revision Commission, make the following revisions to the act so long as the revisions do not change the substance or meaning of the act:

(i) Correct the spelling of words;

(ii) Change capitalization for the purpose of uniformity;

(iii) Correct manifest typographical and grammatical errors;

(iv) Correct manifest errors in references to laws and other documents;

(v) Correct manifest errors in internal reference numbers;

(vi) Number, renumber, redesignate, and rearrange this section;

(vii) Change internal reference numbers to agree with renumbered sections, subsections, subdivisions, or other provisions of law;

(viii) Insert or delete hyphens in words to follow correct grammatical usage;

(ix) Change numerals or symbols to words or vice versa and add figures or words if they are merely repetitions of written words or vice versa for purposes of uniformity and style;

(x) Change the form of nouns, pronouns, and verbs for purposes of style and grammar;

(xi) Correct punctuation; and

(xii) Change gender-specific language to gender-neutral language.

(B)

(i) If more than one (1) act amending this section is enacted by the General Assembly during the same session, the Arkansas Code Revision Commission may, by a majority vote of the Arkansas Code Revision Commission, revise this section as necessary so that all of the enactments shall be given effect, including without limitation renumbering, redesignating, and rearranging subsections and subdivisions of this section.

(ii) In the event that one (1) or more acts amending this section result in an irreconcilable conflict with one (1) or more other acts amending this section enacted during the same session, the Arkansas Code Revision Commission may, by a majority vote of the Arkansas Code Revision Commission, revise this section so that the conflicting provision of the last enactment prevails.

(3) If the Arkansas Code Revision Commission makes revisions under subdivision (e)(2) of this section, the Arkansas Code Revision Commission shall file a report with the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor that:

(A) Explains the revisions made under subdivision (e)(2) of this section; and

(B) Includes the text of this section as amended by the revisions made under subdivision (e)(2) of this section.

Art. XIX §29 | REGISTRATION AS A LOBBYIST BY A FORMER MEMBER OF THE GENERAL ASSEMBLY

(a) A former member of the General Assembly shall not take the following actions until two (2) years after the expiration of the term of office for which he or she was elected:

(1) Register as a lobbyist under Arkansas Code § 21-8-601 et seq.; or

(2) Enter into employment as the director of an:

(A) Educational cooperative under The Public School Educational Cooperative Act of 1981, § 6-13-901 et seq.; or

(B) Area agency on aging.

(b)

(1) Except as provided in subdivision (b)(2) of this section, subsection (a) of this section applies to a person elected or reelected to the General Assembly on or after November 6, 2018.

(2) Subdivision (a)(1) of this section shall apply to a person elected or reelected to the General Assembly on or after November 4, 2014.

(c)

(1) A person who knowingly violates this section is guilty of a Class D felony.

(2) In addition to the penalty under subdivision (c)(1) of this section, the General Assembly shall provide by law for this section to be under the jurisdiction of the Arkansas Ethics Commission, including without limitation authorization of the following actions by the Arkansas Ethics Commission:

(d)

(1)

(A) Except as provided in subdivision (d)(1)(B) of this section, the General Assembly, in the same manner as required for amendment of laws initiated by the people, may amend this section so long as such amendments are germane to this section and consistent with its policy and purposes.

(B) The General Assembly may amend subsection (c) of this section by a majority vote of each house.

(2)

(B)

(3) If the Arkansas Code Revision Commission makes revisions under subdivision (d)(2) of this section, the Arkansas Code Revision Commission shall file a report with the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor that:

(A) Explains the revisions made under subdivision (d)(2) of this section; and

(B) Includes the text of this section as amended by the revisions made under subdivision (d)(2) of this section.

Art. XIX §30 | GIFTS FROM LOBBYISTS

(a) Persons elected or appointed to the following offices shall not knowingly or willfully solicit or accept a gift from a lobbyist, a person acting on behalf of a lobbyist, or a person employing or contracting with a lobbyist:

(1) Governor;

(2) Lieutenant Governor;

(3) Secretary of State;

(4) Treasurer of State;

(5) Auditor of State;

(6) Attorney General;

(7) Commissioner of State Lands;

(8) Member of the General Assembly;

(9) Chief Justice of the Supreme Court;

(10) Justice of the Supreme Court;

(11) Chief Judge of the Court of Appeals;

(12) Judge of the Court of Appeals;

(13) Circuit court judge;

(14) District court judge;

(15) Prosecuting attorney; and

(16) Member of the independent citizens commission for the purpose of setting salaries of elected constitutional officers of the executive department, members of the General Assembly, justices, and judges under Article 19, § 31, of this Constitution.

(b) As used in this section:

(1)

(A) “Administrative action” means a decision on, or proposal, consideration, or making of a rule, regulation, ratemaking proceeding, or policy action by a governmental body.

(B) “Administrative action” does not include ministerial action;

(2)

(A) “Gift” means:

(i) Any payment, entertainment, service, or anything of value, unless consideration of equal or greater value has been given therefor; or

(ii) Any advance or loan.

(B) “Gift” does not include:

(i)

(a) Informational material such as books, reports, pamphlets, calendars, or periodicals informing a person elected or appointed to an office under subsection (a) of this section regarding his or her official duties.

(b) Payments for travel or reimbursement for any expenses are not informational material;

(ii) Gifts that are not used and which, within thirty (30) days after receipt, are returned to the donor;

(iii) Gifts from the spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin of a person elected or appointed to an office under subsection (a) of this section, or the spouse of any of these persons, unless the person is acting as an agent or intermediary for any person not covered by this subdivision (b)(2)(B)(iii);

(iv) Anything of value that is readily available to the general public at no cost;

(v)

(a)

(1) Food or drink available at a planned activity to which a specific governmental body is invited, including without limitation a governmental body to which a person elected or appointed to an office under subsection (a) of this section is not a member.

(2) If a committee of the General Assembly is invited to a planned activity under subdivision (b)(2)(B)(v)(a)(1) of this section, only members of the committee of the General Assembly may accept food or drink at the planned activity.

(b)

(1) As used in this subdivision (b)(2)(B)(v), “planned activity” means an event for which a written invitation is distributed electronically or by other means by the lobbyist, person acting on behalf of a lobbyist, or a person employing or contracting with a lobbyist to the members of the specific governmental body at least twenty-four (24) hours before the event.

(2) As used in this subdivision (b)(2)(B)(v), “planned activity” does not include food or drink available at a meeting of a specific governmental body for which the person elected or appointed to an office under subsection (a) of this section is entitled to receive per diem for attendance at the meeting.

(c) A lobbyist, a person acting on behalf of a lobbyist, or a person employing or contracting with a lobbyist shall not offer or pay for food or drink at more than one (1) planned activity in a seven-day period;

(vi)

(a) Payments by regional or national organizations for travel to regional or national conferences at which the State of Arkansas is requested to be represented by a person or persons elected or appointed to an office under subsection (a) of this section.

(b) As used in this subdivision (b)(2)(B)(vi), “travel” means transportation, lodging, and conference registration fees.

(c) This section does not prohibit the acceptance of:

(1) Food, drink, informational materials, or other items included in the conference registration fee; and

(2) Food and drink at events coordinated through the regional or national conference and provided to persons registered to attend the regional or national conference;

(vii) Campaign contributions;

(viii) Any devise or inheritance;

(ix) Salaries, benefits, services, fees, commissions, expenses, or anything of value in connection with:

(a) The employment or occupation of a person elected or appointed to an office under subsection (a) of this section or his or her spouse so long as the salary, benefit, service, fee, commission, expense, or anything of value is solely connected with the person's employment or occupation and is unrelated to and does not arise from the duties or responsibilities of the office to which the person has been elected or appointed; or

(b) Service as an officer, director, or board member of a corporation, a firm registered to do business in the state, or other organization that files a state and federal tax return or is an affiliate of an organization that files a state and federal tax return by a person elected or appointed to an office under subsection (a) of this section or his or her spouse so long as the salary, benefit, service, fee, commission, expense, or anything of value is solely connected with the person's service as an officer, director, or board member and is unrelated to and does not arise from the duties or responsibilities of the office to which the person has been elected or appointed;

(x) A personalized award, plaque, or trophy with a value of one hundred fifty dollars ($150) or less;

(xi)

(a) The use of one (1) or more rooms or facilities owned, operated, or otherwise utilized by a state agency or political subdivision of the state for the purpose of conducting a meeting of a specific governmental body.

(b) As used in this subdivision (b)(2)(B)(xi):

(1) “Rooms or facilities” includes without limitation property belonging to a state agency or political subdivision used in connection with a meeting of a specific governmental body such as projectors, microphones, and computer equipment; and

(2) “State agency” means every department, division, office, board, commission, and institution of this state, including state-supported institutions of higher education;

(xii) Nonalcoholic beverages provided to attendees at a meeting of a civic, social, or cultural organization or group;

(xiii) Food and nonalcoholic beverages provided to participants in a bona fide panel, seminar, or speaking engagement at which the audience is a civic, social, or cultural organization or group; and

(xiv) Anything of value provided by a recognized political party when serving as the host of the following events to all attendees as part of attendance at the event:

(a) The official swearing-in, inaugural, and recognition events of constitutional officers and members of the General Assembly; and

(b) An official event of a recognized political party so long as all members of either house of the General Assembly affiliated with the recognized political party are invited to the official event;

(3) “Governmental body” or “governmental bodies” means an office, department, commission, council, board, committee, legislative body, agency, or other establishment of the executive, judicial, or legislative branch of the state, municipality, county, school district, improvement district, or any political district or subdivision thereof; (4)

(A) “Income” means any money or anything of value received or to be received as a claim for future services, whether in the form of a retainer, fee, salary, expense, allowance, forbearance, forgiveness, interest, dividend, royalty, rent, or any other form of recompense or any combination thereof.

(B) “Income” includes a payment made under obligation for services or other value received;

(5) “Legislative action” means introduction, sponsorship, consideration, debate, amendment, passage, defeat, approval, veto, or any other official action or nonaction on any bill, ordinance, law, resolution, amendment, nomination, appointment, report, or other matter pending or proposed before a committee or house of the General Assembly, a quorum court, or a city council or board of directors of a municipality;

(6) “Legislator” means a person who is a member of the General Assembly, a quorum court of a county, or the city council or board of directors of a municipality;

(7) “Lobbying” means communicating directly or soliciting others to communicate with a public servant with the purpose of influencing legislative action or administrative action;

(8)

(A) “Lobbyist” means a person who:

(i) Receives income or reimbursement in a combined amount of four hundred dollars ($400) or more in a calendar quarter for lobbying one (1) or more governmental bodies;

(ii) Expends four hundred dollars ($400) or more in a calendar quarter for lobbying one (1) or more governmental bodies, excluding the cost of personal travel, lodging, meals, or dues; or

(iii) Expends four hundred dollars ($400) or more in a calendar quarter, including postage, for the express purpose of soliciting others to communicate with a public servant to influence any legislative action or administrative action of one (1) or more governmental bodies unless the communication has been filed with the Secretary of State or the communication has been published in the news media. If the communication is filed with the Secretary of State, the filing shall include the approximate number of recipients.

(B) “Lobbyist” does not include a recognized political party;

(9)

(A) “Person” means a business, individual, union, association, firm, committee, club, or other organization or group of persons.

(B) As used in subdivision (b)(9)(A) of this section, “business” includes without limitation a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, receivership, trust, or any legal entity through which business is conducted;

(10)

(A) “Public appointee” means an individual who is appointed to a governmental body.

(B) “Public appointee” does not include an individual appointed to an elective office;

(11)

(A) “Public employee” means an individual who is employed by a governmental body or who is appointed to serve a governmental body.

(B) “Public employee” does not include a public official or a public appointee;

(12) “Public official” means a legislator or any other person holding an elective office of any governmental body, whether elected or appointed to the office, and shall include such persons during the time period between the date they were elected and the date they took office;

(13) “Public servant” means all public officials, public employees, and public appointees;

(14)

(A) “Recognized political party” means a political party that:

(i) At the last preceding general election polled for its candidate for Governor in the state or nominees for presidential electors at least three percent (3%) of the entire vote cast for the office; or

(ii) Has been formed by the petition process under § 7-7-205.

(B) When a recognized political party fails to obtain three percent (3%) of the total votes cast in an election for the office of Governor or nominees for presidential electors, it shall cease to be a recognized political party; and

(15)

(A) “Advance or loan” means a sum of money that is borrowed with the expectation that it be paid back, regardless of whether interest is charged.

(B) “Advance or loan” does not include an advance or loan made in the ordinary course of business by a:

(i) Financial institution; or

(ii) Business that regularly and customarily extends credit.

(c)

(1) A person who knowingly violates this section is guilty of a Class B misdemeanor.

(2) In addition to the penalty under subdivision (c)(1) of this section, the General Assembly shall provide by law for this section to be under the jurisdiction of the Arkansas Ethics Commission, including without limitation authorization of the following actions by the Arkansas Ethics Commission:

(3)

(A) It is an affirmative defense to prosecution or disciplinary action under subdivisions (c)(1) and (2) of this section that a person elected or appointed to an office under subsection (a) of this section takes one (1) of the following actions within thirty (30) days of discovering or learning of an unintentional violation of this section:

(i) Returns the gift to the donor; or

(ii) If the gift is not returnable, pays the donor consideration that is equal to or greater than the value of the gift.

(B)

(i) The Arkansas Ethics Commission shall not proceed with an investigation of an alleged violation of this section if the Arkansas Ethics Commission determines that a person would be eligible to raise the affirmative defense under subdivision (c)(3)(A) of this section.

(ii) If the Arkansas Ethics Commission does not proceed with an investigation of an alleged violation under subdivision (c)(3)(B)(i) of this section, the person shall not be considered to have committed a violation.

(C) This subdivision (c)(3) shall not be construed to authorize a person to knowingly or willfully solicit or accept a gift in violation of this section.

(d)

(1)

(2)

(B)

(A) Explains the revisions made under subdivision (d)(2) of this section; and

(B) Includes the text of this section as amended by the revisions made under subdivision (d)(2) of this section.

Art. XIX §31 | INDEPENDENT CITIZENS COMMISSION

(a) As provided in this section, members of the General Assembly shall have no authority to set salaries for:

(1) Their positions as members of the General Assembly;

(2) Elected constitutional officers of the executive department;

(3) Justices;

(4) Judges; and

(5) Prosecuting attorneys.

(b)

(1) There is created an independent citizens commission for the purpose of setting salaries of elected constitutional officers of the executive department, members of the General Assembly, justices, judges, and prosecuting attorneys as provided in this section.

(2)

(A) Each member of the independent citizens commission shall serve a term of four (4) years.

(B) A person shall not serve more than two (2) terms on the independent citizens commission.

(3) The independent citizens commission shall consist of seven (7) members as follows:

(A) Two (2) members appointed by the Governor;

(B) Two (2) members appointed by the President Pro Tempore of the Senate;

(C) Two (2) members appointed by the Speaker of the House of Representatives; and

(D) One (1) member appointed by the Chief Justice of the Supreme Court.

(4) Vacancies on the independent citizens commission shall be filled in the manner of the original appointment.

(5) The independent citizens commission shall elect from its membership:

(A) A chair; and

(B) Other officers deemed necessary by the independent citizens commission.

(6) Four (4) members of the independent citizens commission shall constitute a quorum for the purpose of transacting business.

(7) A majority vote of the total membership of the independent citizens commission is required for any action of the independent citizens commission.

(8) The office of the Auditor of State shall provide staff assistance as may be requested by the independent citizens commission.

(c)

(1) In making appointments to the independent citizens commission, the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court shall consider racial, gender, and geographical diversity.

(2) A member of the independent citizens commission shall be:

(A) A citizen of the United States;

(B) A resident of the State of Arkansas for at least two (2) years preceding his or her appointment;

(C) A qualified elector; and

(D) At least twenty-five (25) years of age.

(3) The following persons shall not serve on the independent citizens commission:

(A) A person holding civil office;

(B) An employee of the State of Arkansas;

(C) A person required by law to register as a lobbyist; or (D)

(i) An immediate family member of:

(a) A person holding civil office;

(b) An employee of the State of Arkansas; or

(c) A person required by law to register as a lobbyist.

(ii) As used in subdivision (c)(3)(D)(i) of this section, “immediate family member” means a person's spouse, a child of the person or spouse, a child's spouse, a parent of the person or the spouse, a brother or sister of the person or the spouse, anyone living or residing in the same residence or household with the person or the spouse, or anyone acting or serving as an agent of the person.

(d) The independent citizens commission shall have the duty to review and adjust as it deems necessary the salaries for the following positions:

(1) Governor;

(2) Lieutenant Governor;

(3) Attorney General;

(4) Secretary of State;

(5) Treasurer of State;

(6) Auditor of State;

(7) Commissioner of State Lands;

(8) Member of the General Assembly;

(9) Chief Justice of the Supreme Court;

(10) Justice of the Supreme Court;

(11) Chief Judge of the Court of Appeals;

(12) Judge of the Court of Appeals;

(13) Circuit court judge;

(14) District court judge; and

(15) Prosecuting attorney.

(e)

(1) The salaries of the positions under subsection (d) of this section:

(A) Shall not be subject to appropriation by the General Assembly; and

(B) Shall be paid from the Constitutional Officers Fund or its successor fund or fund accounts in the amount determined by the independent citizens commission.

(2)

(A) If the independent citizens commission proposes to adjust a salary for a position under subsection (d) of this section, the independent citizens commission shall:

(i) Provide notice to the public of the proposed salary adjustment;

(ii) Make available to the public any data reviewed by the independent citizens commission in determining the proposed salary adjustment; and

(iii)

(a) Afford the public a reasonable opportunity to provide public comment on the proposed salary adjustment.

(b) The opportunity for public comment under subdivision (e)(2)(A)(iii)(a) of this section shall not exceed forty-five (45) days.

(B) A proposed salary adjustment of the independent citizens commission shall not be considered a rule under the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

(3) Upon satisfying (e)(2)(A)(i)-(iii) of this section, the independent citizens commission may file the adjusted salary with the Auditor of State.

(4) An adjustment to a salary shall be effective ten (10) days after it is filed with the Auditor of State.

(5) When considering whether or not to adjust a salary for a position under subsection (d) of this section, the independent citizens commission shall include in its considerations the overall economic condition of the state at that time.

(f)

(1)

(A) The independent citizens commission, by a majority vote of the total membership of the independent citizens commission cast during its first regularly scheduled meeting of each calendar year, may authorize payment to its members of a stipend not to exceed eighty-five dollars ($85.00) per day for each meeting attended or for any day while performing any proper business of the independent citizens commission.

(B) Stipends shall be paid by the Auditor of State from funds available for that purpose.

(2) Members of the independent citizens commission shall receive no other compensation, expense reimbursement, or in-lieu-of payments.

(g)

(1) The independent citizens commission shall provide that the salaries of circuit judges be uniform throughout the state.

(2)

(A) Except as provided in this subdivision (g)(2), the independent citizens commission may increase or diminish the salaries for the positions under subsection (d) of this section.

(B) The independent citizens commission may increase but not diminish the salaries for the positions under subdivisions (d)(9)-(14) of this section.

(3)

(A) Except as provided in subdivision (g)(3)(B) and subdivision (m)(4)(B) of this section, no single adjustment at any one (1) time to a salary by the independent citizens commission shall exceed fifteen percent (15%) of the salary to be increased or diminished.

(B) Salary adjustments resulting from the initial review of the independent citizens commission under subdivision (i)(3) of this section shall not be subject to subdivision (g)(3)(A) of this section.

(4) The independent citizens commission shall provide for salaries to be paid in monthly installments.

(h) Salaries for the positions under subsection (d) of this section shall continue as existing on November 4, 2014, until adjusted by the independent citizens commission.

(i)

(1) Initial members of the independent citizens commission shall be appointed within thirty (30) days of November 5, 2014.

(2) The President Pro Tempore of the Senate shall call the first meeting of the independent citizens commission, which shall occur within forty-five (45) days of November 5, 2014.

(3)

(A) The independent citizens commission:

(i) Shall complete an initial review of the salaries for the positions under subsection (d) of this section no later than ninety (90) days after November 5, 2014; and

(ii) May file any adjustments in salary resulting from the initial review with the Auditor of State upon satisfying (e)(2)(A)(i)-(iii) of this section.

(B) No later than ninety (90) days after November 5, 2014, the independent citizens commission shall also provide recommendations to the President Pro Tempore of the Senate and the Speaker of the House of Representatives concerning the amounts to be paid to members of the General Assembly for:

(i) Per diem;

(ii) Reimbursement for expenses; and

(iii) Reimbursement for mileage.

(4)

(A) After completing the initial review under subdivision (i)(3) of this section, the independent citizens commission shall meet as necessary to review the salaries of the positions under subsection (d) of this section but shall not meet less than one (1) time per year.

(B) The independent citizens commission may adjust the salaries of the positions under subsection (d) of this section as provided in this section as it deems necessary.

(j) No later than ninety (90) days before the commencement of a regular session, the independent citizens commission shall provide recommendations to the President Pro Tempore of the Senate and the Speaker of the House of Representatives concerning the amounts to be paid to members of the General Assembly for:

(1) Per diem;

(2) Reimbursement for expenses; and

(3) Reimbursement for mileage.

(k) The independent citizens commission shall be subject to the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq.

(l)

(1) The General Assembly, in the same manner as required for amendment of laws initiated by the people, may amend this section, so long as such amendments are germane to this section and consistent with its policy and purposes.

(2)

(B)

(i) If more than one (1) act amending this section is enacted by the General Assembly during the same session, the Arkansas Code Revision Commission may, by a majority vote of the Arkansas Code Revision Commission, revise this section as necessary so that all of the enactments shall be given effect, including without limitation renumbering, redesignating, and rearranging subsections and subdivisions of this section.

(ii) In the event that one (1) or more acts amending this section result in an irreconcilable conflict with one (1) or more acts amending this section enacted during the same session, the Arkansas Code Revision Commission may, by a majority vote of the Arkansas Code Revision Commission, revise this section so that the conflicting provision of the last enactment prevails.

(3) If the Arkansas Code Revision Commission makes revisions under subdivision (l)(2) of this section, the Arkansas Code Revision Commission shall file a report with the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor that:

(A) Explains the revisions made under subdivision (l)(2) of this section; and

(B) Includes the text of this section as amended by the revisions made under subdivision (l)(2) of this section.

(m)

(1) Salaries for the positions under subdivision (d)(15) of this section shall continue as existing on November 4, 2014, until adjusted by the independent citizens commission.

(2) No later than thirty (30) days after March 20, 2015, the independent citizens commission shall begin a study of salaries for the positions under subdivision (d)(15) of this section.

(3) The independent citizens commission shall complete its review of the salaries for the positions under subdivision (d)(15) of this section no later than thirty (30) days after the date it begins its study under subdivision (m)(2) of this section.

(4)

(A) If at the conclusion of its study under subdivision (m)(2) of this section the independent citizens commission determines that a salary revision for the positions under subdivision (d)(15) is appropriate, the independent citizens commission shall propose an adjustment under subsection (e) of this section.

(B) Initial salary revisions for the positions under subdivision (d)(15) resulting from the study under subdivision (m)(2) of this section are not subject to subdivision (g)(3)(A) of this section.

Congratulations! You're now booked up on Article XIX of the Arkansas Constitution!

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Nevertheless – and as always – please get the justice you deserve.

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ARKANSAS CONSTITUTIONARTICLE XIXMISCELLANEOUS PROVISIONS

Art. XIX §1 | ATHEISTS DISQUALIFIED FROM HOLDING OFFICE OR TESTIFYING AS WITNESS

Art. XIX §2 | DUELING

Art. XIX §3 | ELECTED OR APPOINTED OFFICERS — QUALIFICATIONS OF AN ELECTOR REQUIRED

Art. XIX §4 | RESIDENCE OF OFFICERS

Art. XIX §5 | OFFICERS — HOLDING OVER

Art. XIX §6 | DUAL OFFICE HOLDING PROHIBITED

Art. XIX §7 | RESIDENCE — TEMPORARY ABSENCE NOT TO FORFEIT

Art. XIX §8 | DEDUCTION FROM SALARIES

Art. XIX §9 | PERMANENT STATE OFFICES — CREATION RESTRICTED

Art. XIX §10 | ELECTION RETURNS — STATE OFFICERS

Art. XIX §11 | [REPEALED.]

Art. XIX §12 | RECEIPTS AND EXPENDITURES TO BE PUBLISHED

Art. XIX §13 | [REPEALED.]

Art. XIX §14 | LOTTERIES

Art. XIX §15 | [REPEALED.]

Art. XIX §16 | CONTRACTS FOR PUBLIC BUILDINGS OR BRIDGES

Art. XIX §17 | DIGEST OF LAWS — PUBLICATION

Art. XIX §18 | SAFETY OF MINERS AND TRAVELERS

Art. XIX §19 | DEAF AND DUMB AND BLIND AND INSANE PERSONS

Art. XIX §20 | OATH OF OFFICE

Art. XIX §21 | SURETIES ON OFFICIAL BONDS — QUALIFICATIONS — BONDING COMPANIES

Art. XIX §22 | CONSTITUTIONAL AMENDMENTS

Art. XIX §23 | [REPEALED.]

Art. XIX §24 | ELECTION CONTESTS

Art. XIX §25 | SEAL OF STATE

Art. XIX §26 | OFFICERS ELIGIBLE TO EXECUTIVE OR JUDICIAL OFFICE

Art. XIX §27 | LOCAL IMPROVEMENTS — MUNICIPAL ASSESSMENTS

Art. XIX §28 | CONTRIBUTIONS

Art. XIX §29 | REGISTRATION AS A LOBBYIST BY A FORMER MEMBER OF THE GENERAL ASSEMBLY

Art. XIX §30 | GIFTS FROM LOBBYISTS

Art. XIX §31 | INDEPENDENT CITIZENS COMMISSION

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