ARKANSAS CONSTITUTION
AMENDMENTS
AMENDMENT 1 | NOTE
AMENDMENT 2 | REGULATION OF CARRIERS (CONST., ART. 17, § 10 AMENDED)
AMENDMENT 3 | COUNTY ROAD TAX [REPEALED.]
AMENDMENT 4 | SURETIES ON OFFICIAL BONDS (CONST., ART. 19, § 21 AMENDED)
AMENDMENT 5 | PER DIEM AND MILEAGE OF GENERAL ASSEMBLY (CONST., ART. 5, § 16 AMENDED)
AMENDMENT 6 | EXECUTIVE DEPARTMENT AND OFFICERS (CONST., ART. 6, § 1, AMENDED AND SECTIONS ADDED)
§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. [As amended by Const. Amend. 96.]§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.§6. [Repealed.]
AMENDMENT 7 | INITIATIVE AND REFERENDUM (CONST., ART. 5, § 1, AMENDED)
AMENDMENT 8 | QUALIFICATIONS OF ELECTORS (CONST., ART. 3, § 1, AMENDED)
AMENDMENT 9 | SUPREME COURT
§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.§2. [Repealed.]
AMENDMENT 10 | LIMITATION ON LEGISLATIVE AND TAXING POWER (CONST., ART. 12, § 4, AMENDED)
AMENDMENT 11 | SCHOOL TAX (CONST., ART. 14, § 3, AMENDED)
AMENDMENT 12 | TEXTILE MILLS, TAX EXEMPTION
AMEND. 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.
AMENDMENT 13 | [REPEALED.]
AMENDMENT 14 | LOCAL ACTS
AMEND. 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.
AMENDMENT 15 | [REPEALED.]
AMENDMENT 16 | JURY TRIAL (CONST., ART. 2, § 7, AMENDED)
AMENDMENT 17 | [REPEALED.]
AMENDMENT 18 | TAX TO AID INDUSTRIES
AMEND. 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.
AMENDMENT 19 | PASSAGE OF LAWS (CONST., ART. 5, §§ [37]-[41] ADDED)
AMENDMENT 20 | STATE BONDS
AMEND. 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.AMENDMENT 21 | CRIMINAL PROSECUTIONS — SALARIES OF PROSECUTORS
§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.AMENDMENT 22 | EXEMPTION OF HOMESTEADS FROM CERTAIN STATE TAXES
§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:(b) To enact, without unnecessary delay, all legislation necessary and sufficient to make this amendment in all respects effective and workable.
§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.AMENDMENT 23 | APPORTIONMENT (CONST., ART. 8 AMENDED)
AMENDMENT 24 | PROBATE COURTS — CIRCUIT AND COUNTY CLERKS (CONST., ART. 7, §§ 19, 34, 35, AMENDED)
AMENDMENT 25 | [REPEALED.]
AMENDMENT 26 | WORKMEN’S COMPENSATION (CONST., ART. 5, § 32, AMENDED)
AMENDMENT 27 | EXEMPTING NEW MANUFACTURING ESTABLISHMENT FROM TAXATION
AMEND. 27. 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.
AMENDMENT 28 | REGULATING PRACTICE OF LAW
AMEND. 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.
AMENDMENT 29 | FILLING VACANCIES IN OFFICE
§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 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.AMENDMENT 30 | CITY LIBRARIES
§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.
§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.
Against 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 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.
(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.
AMENDMENT 31 | POLICE AND FIREFIGHTERS' RETIREMENT SALARIES AND PENSIONS
§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.AMENDMENT 32 | COUNTY OR CITY HOSPITALS
§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: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.AMENDMENT 33 | BOARDS AND COMMISSIONS GOVERNING STATE INSTITUTIONS
§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.AMENDMENT 34 | RIGHTS OF LABOR
§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.AMENDMENT 35 | WILD LIFE — CONSERVATION — ARKANSAS STATE GAME AND FISH COMMISSION
§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:§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. [As amended by Const. Amend. 86.]§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:
This amendment shall become effective July 1, 1945.
AMENDMENT 36 | POLL TAX EXEMPTION
AMEND. 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.
AMENDMENT 37 | [REPEALED.]
AMENDMENT 38 | COUNTY LIBRARIES
§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: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.
§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 Const. Amend. 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.
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.
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.
(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.
AMENDMENT 39 | VOTER REGISTRATION LAWS
39 §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.AMENDMENT 40 | SCHOOL DISTRICT TAX (CONST., ART. 14, § 3, AMENDED)
AMENDMENT 41 | ELECTION OF COUNTY CLERK
AMEND. 41. ELECTION OF COUNTY CLERK.
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. [As amended by Const. Amend. 95.]
AMENDMENT 42 | STATE HIGHWAY COMMISSION
§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.AMENDMENT 43 | [REPEALED.]
AMENDMENT 44 | [REPEALED.]
AMENDMENT 45 | APPORTIONMENT (CONST., ART. 8, AMENDED)
AMENDMENT 46 | HORSE RACING AND PARI-MUTUEL WAGERING AT HOT SPRINGS
AMEND. 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.
AMENDMENT 47 | STATE AD VALOREM TAX PROHIBITION
AMEND. 47. STATE AD VALOREM TAX PROHIBITION
State ad valorem tax prohibited.No ad-valorem tax shall be levied upon property by the State.
AMENDMENT 48 | [REPEALED.]
AMENDMENT 49 | [REPEALED.]
AMENDMENT 50 | ELECTIONS CONDUCTED BY BALLOT OR VOTING MACHINE (CONST., ART. 3, § 3, REPEALED AND NEW SECTIONS ADDED)
§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.AMENDMENT 51 | VOTER REGISTRATION
§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:(b) “Permanent Registrar” means the County Clerk in each of the several counties of this State.
(c) “Deputy Registrar” means the Deputy County Clerk or clerical assistants appointed by the County Clerk.
(d) “Election” means any general, special or primary election held pursuant to any provisions of the Constitution or statutes of the State of Arkansas; provided, that this amendment shall not apply to selection of delegates to party conventions by party committees or to selection of party committeemen by party conventions.
§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 cancelled or subject to cancellation in a manner provided for by this amendment.§5. Duties of registration officials.
(2) Public assistance agencies, which shall mean those agencies that provide services under the Food Stamps, Medicaid, Aid to Families with Dependent Children (AFDC), and the Special Supplemental Food Program for Women, Infants and Children (WIC) programs;
(3) Disabilities agencies, which shall mean agencies that offer state-funded programs primarily engaged in providing services to persons with disabilities;
(4) Public libraries; and
(5) The Arkansas National Guard.
(2) The Office of Driver Services and State Revenue Offices shall provide voter registration opportunities to those obtaining or renewing drivers licenses, personal identification cards, duplicate or corrected licenses or cards, or changing address or name whether in person or by mail. The Office of Driver Services and State Revenue Offices shall use a computer process, which combines the drivers license and voter registration applications, minimizing duplicative information, and shall have available the federal or state mail voter registration application form, which may be used upon request or when the computer process is not available. If a person declines to apply to register to vote, the Office of Driver Services or State Revenue Office shall retain the record of declination for two (2) years.
(3) All public assistance agencies shall provide a federal or state mail voter registration application form with each application for assistance, and with each recertification, renewal or change of address or name relating to such assistance. Public assistance agencies shall provide voter registration application forms as part of the intake process, or as a combined computer process when a computer process is available. Public assistance agencies shall use a process or form that combines the application for assistance with the voter registration application when available. Public assistance agencies shall also provide declination forms as described in 51-6 [section 6] of this amendment, which shall be retained for two (2) years if an applicant declines to apply to register to vote.
(4) All disabilities agencies shall provide a federal or state mail voter registration application form with each application for services and with each recertification, renewal or change of address or name relating to such services. Disabilities agencies shall provide voter registration application forms as part of the intake process, or as a combined computer process when a computer process is available. Disabilities agencies may use a form that combines the application for services or assistance with the voter registration application when available. If the disabilities agency provides services in a person's home, then the agency shall also provide voter registration services at the person's home. Disabilities agencies shall also provide declination forms as described in 51-6 [section 6] of this amendment, which shall be retained for two (2) years if an applicant declines to apply to register to vote.
(2) Public assistance agencies and disabilities agencies shall train agency employees to provide the same degree of assistance in completing voter registration forms as is provided with regard to the completion of agency forms, unless the applicant refuses such assistance.
(3) Each revenue office, public assistance agency and disabilities agency shall provide ongoing training for employees who will be assisting persons with voter registration applications and shall include information regarding training procedures in the report filed with the Secretary of State pursuant to §51-8(d) [section 8(d)] of this amendment.
(4) A person who provides voter registration assistance through any voter registration agency shall not:
(B) Display any such political preference or party allegiance;
(C) Make any statement to an applicant or take any action to the purpose or effect of discouraging the applicant from registering to vote;
(D) Make any statement to an applicant or take any action to the purpose or effect of leading the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits; or
(E) Disclose any applicant's voter registration information, except as necessary for the administration of voter registration.
(e) The State Board of Election Commissioners is authorized and, as soon as is possible after the effective date of this amendment, directed to prescribe, adopt, publish and distribute:
(2) a Manual of instruction for the information, guidance and direction of election officials within the state; and
(3) detailed specifications of the registration record files, the voter registration application forms and other registration forms, including voter registration list maintenance forms, all of which shall be consistent with this amendment and uniform throughout the State.
§6. Voter registration application forms.
(2) Such forms shall include, in identical print, statements that:
(B) Contain an attestation that the applicant meets all voter eligibility requirements and that the applicant does not claim the right to vote in another county or state;
(C) Specify the penalties provided by law for submission of a false voter registration application;
(D) Inform applicants that where they register to vote will be kept confidential;
(E) Inform applicants that declining to register will also be kept confidential; and
(F) Inform applicants that they will be required to verify their registration when voting in person or by absentee ballot by providing a required document or identification card as provided in Arkansas Constitution, Amendment 51, §13.
(G) Inform the applicant that if the voter registration application is being collected by a third-party voter registration organization, the third-party voter registration organization may be unable to deliver the application to the permanent registrar in the county in which the applicant resides before the thirty-day voter registration deadline to vote in the next election and that the applicant may elect to deliver the application in person or by mail; and
(H) Inform the applicant of the process to determine if the application has been received by the Secretary of State.
(B) Mailing address;
(C) Residence address and any other information necessary to identify the residence of the applicant;
(D) If previously registered, the name then supplied by the applicant, and the previous address, county, and state;
(E) Date of birth;
(F) A signature or mark made under penalty of perjury that the applicant meets each requirement for voter registration;
(G) If the applicant is unable to sign his or her name, the name, address, and telephone number of the person providing assistance;
(H) If the applicant has a current and valid driver's license, the applicant's driver's license number;
(I) If the applicant does not have a current and valid driver's license, the last four (4) digits of the applicant's social security number; and
(J) If the applicant does not have a current and valid driver's license number or social security number, the Secretary of State will assign the applicant a number which will serve to identify the applicant for voter registration purposes, and this number shall be placed on the application.
(B) Political party with which the applicant wishes to be affiliated, if any.
(6) The mail voter registration application form shall include the following questions along with boxes for the applicant to check “yes” or “no” in response:
(B) “Will you be eighteen (18) years of age on or before election day?”;
(C) “Are you presently adjudged mentally incompetent by a court of competent jurisdiction?”; and
(D) “Have you ever been convicted of a felony without your sentence having been discharged or pardoned?”.
(B) “If you checked ‘Yes’ in response to either questions C or D, do not complete this form.”; and
(C) The mail-in voter registration application form shall include the following statement:
“If your voter registration application form is submitted by mail and you are registering for the first time, and you do not have a valid driver's license number or Social Security number, in order to avoid the additional identification requirements upon voting for the first time you must submit with the mailed registration form:(a) a current and valid photo identification; or (b) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows your name and address.”
(9) The mail voter registration application shall be pre-addressed to the Secretary of State.
(B) A statement that if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes;
(C) A statement that if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes;
(D) Voter registration eligibility requirements;
(E) Penalties provided by law for providing false information;
(F) An attestation that the applicant meets each eligibility requirement and that the applicant does not claim the right to vote in another county or state; and
(G) A space for the applicant's signature or mark.
(2) The statement in close proximity to the question above and in equally prominent type, “IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.”;
(3) The statement, “APPLYING TO REGISTER OR DECLINING TO REGISTER TO VOTE WILL NOT AFFECT THE AMOUNT OF ASSISTANCE THAT YOU WILL BE PROVIDED BY THIS AGENCY.”;
(4) The statement, “IF YOU WOULD LIKE HELP IN FILLING OUT THE VOTER REGISTRATION APPLICATION FORM, WE WILL HELP YOU. THE DECISION WHETHER TO SEEK OR ACCEPT HELP IS YOURS. YOU MAY FILL OUT THE APPLICATION FORM IN PRIVATE.”;
(5) The statement, “IF YOU BELIEVE THAT SOMEONE HAS INTERFERED WITH YOUR RIGHT TO REGISTER OR TO DECLINE TO REGISTER TO VOTE, YOUR RIGHT TO PRIVACY IN DECIDING WHETHER TO REGISTER OR IN APPLYING TO REGISTER TO VOTE, OR YOUR RIGHT TO CHOOSE YOUR OWN POLITICAL PARTY OR OTHER POLITICAL PREFERENCE, YOU MAY FILE A COMPLAINT WITH THE SECRETARY OF STATE AT ” (filled in with the address and telephone number of the Secretary of State's office);
(6) The statement, “IF YOU DECLINE TO REGISTER TO VOTE, THE FACT THAT YOU HAVE DECLINED TO REGISTER WILL REMAIN CONFIDENTIAL AND WILL BE USED ONLY FOR VOTER REGISTRATION PURPOSES.”; and
(7) The statement, “IF YOU DO REGISTER TO VOTE, THE OFFICE AT WHICH YOU SUBMIT A VOTER REGISTRATION APPLICATION WILL REMAIN CONFIDENTIAL AND WILL BE USED ONLY FOR VOTER REGISTRATION PURPOSES.”.
§7. Registration record files.
(2) The inactive registration records of persons who have failed to respond to address confirmation mailings described in §10 of this amendment;
(3) List maintenance information for each person receiving address confirmation notices or final address confirmation notices, or both, and the person's response; and
(4) Cancelled voter registration records and documentation noting the reason for cancellation.
(c) The computerized list shall serve as the official voter registration list for the conduct of all elections for federal, state, county, municipal, school, or other office in the state.
(d) The permanent registrar of each county shall maintain copies of that county's precinct voter registration list from the statewide computerized list as necessary for holding elections.
(e) The computerized list shall be coordinated with other state agency records on felony status as maintained by the Arkansas Crime Information Center, records on death as maintained by the State Department of Health, and driver's license records maintained by the Office of Driver Services, according to §9 of Amendment 51 to the Arkansas Constitution.
(f) A person with an inactive voter registration status may activate his or her voting status by appearing to vote at the precinct in which he or she currently resides or by updating his or her voter registration records with the permanent registrar of the county in which he or she resides.
(g) The county board of election commissioners or other lawfully designated election officials shall cause the appropriate precinct voter registration lists to be at the polling places on the date of elections, and shall return them at the close of the election to the office of the permanent registrar with the ballot boxes.
(h) If the legal residence of a voter is renamed, renumbered, or annexed, the permanent registrar or any local election official may change the name or number of the legal residence on the voter's registration record and any other voting records. Within fifteen (15) days after the records are changed to reflect the new name or number of the residence, the permanent registrar shall notify the voter by mail that the change has been made.
(i)
(2) All voter registration information obtained by any local election official in the state shall be electronically entered into the computerized list on an expedited basis at the time the information is provided to the local official.
(3) The Secretary of State shall provide the support as may be required so that local election officials are able to enter the information.
(2) To ensure the security and accuracy of the statewide voter registration list maintained by the Secretary of State, the Secretary of State shall:
(ii) Identify voters whose addresses have changed;
(iii) Prevent registration in more than one (1) state; and
(iv) Determine eligibility of individuals to vote in Arkansas;
(C) Regularly and before each election identify registered voters who are deceased by comparing the information received from the Social Security Administration, including without limitation a master death file or index compiled by the Social Security Administration;
(D) Establish and implement a process for the verification of address information:
(ii) Submitted by a registered voter updating his or her address; and
(iii) Provided through undeliverable mail by the United States Postal Service concerning a person registering to vote or a registered voter;
(F) Allow view-only access to the voter registration record files and data to all county boards of election commissioners to carry out the county board of election commissioners' election administration responsibilities; and
(G) Provide annual reports to the Joint Performance Review Committee of the General Assembly concerning the accuracy of the voter registration record files.
(B) Ensure the security, accuracy, and integrity of the:
(ii) Supporting technologies utilized by the counties to maintain and record voter registration information;
(iii) Secure user access requirements established by the Secretary of State; and
(iv) Election audit logs.
§8. Voter registration application records and reports.
(2) The Secretary of State shall transmit all mail voter registration applications to the appropriate permanent registrar no later than ten (10) days after the date of receipt. When applications are received within five (5) days before the last day of registration for an election, they must be transmitted no later than five (5) days after date of receipt. If forms are received by the wrong election office, they shall be forwarded to the appropriate permanent registrar not later than the fifth day after receipt.
(c)
(B) public assistance agencies;
(C) disabilities agencies;
(D) recruitment offices of the Armed Forces of the United States;
(E) public libraries; and
(F) offices of the Arkansas National Guard.
(B) Numbers and descriptions of the public assistance programs and the method of integrating voter registration, disaggregated by program;
(C) An assessment of the impact of the National Voter Registration Act of 1993, United States Code 52 USC §20508, on the administration of elections; and
(D) Recommendations for improvements in procedures, forms, and other matters affected by the National Voter Registration Act of 1993, United States Code 52 USC §20508.
(B) Method of integrating voter registration in the voter registration agency; and
(C) Total number of registration application forms transmitted to the Secretary of State, disaggregated by month by the voter registration agency;
(B) Method of integrating voter registration in the voter registration agency; and
(C) Number of registration application forms transmitted to the Secretary of State, disaggregated by month by the voter registration agency; and
§9. Application to register.
(2) Have not been adjudged mentally incompetent by a court of competent jurisdiction; and
(3) Meet one (1) of the following requirements:
(B) Will become qualified electors during the thirty-day period immediately prior to the next election scheduled within the county; or
(C) Are otherwise qualified electors but whose registration has been cancelled in a manner provided for by this amendment.
(2) Any person who assists applicants with a voter registration application as part of a voter registration drive or who, in furtherance of a voter registration drive, gathers or possesses completed applications for submission to the permanent registrar or Secretary of State shall deliver all applications in his or her possession to the permanent registrar or Secretary of State within twenty-one (21) days of the date on the voter registration application and, in any event, no later than the deadline for voter registration for the next election.
(3) The permanent registrar shall register qualified applicants who apply to register to vote by mail using the state or federal mail voter registration application form if:
(B)
(ii) If an applicant for voter registration does not have a valid driver's license or a social security number, the Secretary of State shall assign the applicant a number that will serve as a unique identifier of the applicant for voter registration purposes.
(e) The Secretary of State and the Director of the Office of Driver Services shall enter into an agreement to match information in the database of the statewide voter registration system with information in the database of the Office of Driver Services to the extent required to enable each official to verify the accuracy of the information provided on applications for voter registration. The Director of the Office of Driver Services shall enter into an agreement with the Commissioner of Social Security to verify driver's license information according to §303 of the Federal Help America Vote Act of 2002.
(f) Registration records shall be entered promptly in the computerized statewide registration record files. If the applicant lacks one (1) or more of the qualifications required by law of voters in this state, the permanent registrar shall not register the applicant, but shall document the reason for denying the applicant's registration and promptly file or enter the application and the documented reason for denying registration in the statewide registration record files.
(g) If the permanent registrar has any reason to doubt the qualifications of an applicant for registration, he or she shall submit such application to the county board of election commissioners, and such board shall make a determination with respect to such qualifications and shall instruct the permanent registrar regarding the same.
(h) If any person eligible to register as a voter is unable to register in person at the permanent registrar's office by reason of sickness or physical disability, the permanent registrar shall register the applicant at his or her place of abode within such county, if practicable, in the same manner as if he or she had appeared at the permanent registrar's office.
(i) Notwithstanding other provisions of this amendment, every person in any of the following categories who is absent from the place of his or her voting residence may vote without prior registration by absentee ballot by submission of a federal postal card application as provided for in the Uniformed and Overseas Citizens Absentee Voting Act in any primary, special, school, or general election held in his or her election precinct if he or she is otherwise eligible to vote in that election:
(2) Members of the Merchant Marine while in active duty or service, and their spouses and dependents who, by reason of the active duty or service of the member, are absent from the place of residence where the spouse or dependent is otherwise qualified to vote; and
(3) Citizens of the United States residing or temporarily outside the territorial limits of the United States and the District of Columbia.
(2) No later than ninety (90) days after the date of each regularly scheduled general election for federal office, the Secretary of State shall submit a report, based on information submitted to him or her by the permanent registrars of each county, to the Election Assistance Commission on the combined number of absentee ballots transmitted to absent uniformed services voters and overseas voters for the election and the combined number of the ballots which were returned by the voters and cast in the election.
(3) The Secretary of State shall make the report available to the general public.
(l) If an election law deadline occurs on a Saturday, Sunday, or legal holiday, the deadline shall be the next day which is not a Saturday, Sunday, or legal holiday.
§10. Transfer and change of status.
(b)
(B) Updating his or her new address at a voter registration agency, including without limitation the Office of Driver Services or a state revenue office, public assistance agency, or disabilities agency;
(C) Signing a mailed request to the permanent registrar giving the voter's present address and the address at which the voter was last registered; or
(D) Applying in person for the transfer at the office of the permanent registrar.
(B) If the updated registration information is not actually received by the fourth day before a scheduled election, the voter shall not be eligible to vote in the scheduled election.
(d) The permanent registrar shall conduct a uniform, nondiscriminatory address confirmation program during each odd-numbered year to ensure that voter registration lists are accurate and current. The address confirmation program shall be completed not later than ninety (90) days prior to a primary or general election for federal office. Based on change of address data received from the United States Postal Service or its licensees, or other unconfirmed data indicating that a registered voter no longer resides at his or her registered address, the permanent registrar shall send a forwardable address confirmation notice, including a postage-paid and preaddressed return card, to enable the voter to verify or correct the address information.
“We have received notification that you have moved to a new address in __________________ County (or in the __________________ Congressional District). We will reregister you at your new address unless, within ten (10) days, you notify us that your change of address is not a change of your permanent residence. You may notify us by returning the attached postage-paid postcard or by calling (__________) __________-__________. If this is not a permanent change of residence and if you do not notify us within ten (10) days you may be required to update your residence address in order to vote at future elections.”(2) If the change of address data indicates that the voter has moved to a new address in another county or, if a county is divided into more than one (1) congressional district, to a new address in the same county but in a new congressional district, the notice shall include the following statement:
“We have received notification that you have moved to a new address not in __________________ County (or not in the __________________ Congressional District). If you no longer live in __________________ County (or in the __________________ Congressional District), you must transfer your registration to your new residence address in order to vote in the next election. If you are still an Arkansas resident, you may obtain a form to transfer your registration by calling your county clerk's office or the Secretary of State. If your change of address is not a change of your permanent residence, you must return the attached postage-paid postcard. If you do not return this card and continue to reside in __________________ County (and in the __________________ Congressional District), you may be required to provide identification and update your residence address in order to vote at future elections, and if you do not vote at any election in the period between the date of this notice and the second federal general election after the date of this notice, your voter registration will be cancelled and you will have to reregister in order to vote. If the change of address is permanent, please return the attached postage-paid postcard which will assist us in keeping our voter registration records accurate.”
(f) Based on change of address information received pursuant to subsections (a) and (d) of this section, the permanent registrar shall:
(2) Designate the voter as inactive if the information indicates the voter has moved to a new address in another county or to a new address in another congressional district in the same county or if the address confirmation notices have been returned as undeliverable; or
(3) Cancel the voter registration in the county from which the voter has moved if the voter verifies in writing that he or she has moved to a residence address in another county.
§11. Cancellation of registration.
(2) Who have changed their residence to an address outside the county;
(3) Who have died;
(4) Who have been convicted of a felony and have not discharged their sentence or been pardoned;
(5) Who are not lawfully qualified or registered electors of this state or of the county; or
(6) Who have been adjudged mentally incompetent by a court of competent jurisdiction.
(7) Who are not citizens of the United States.
(2)
(B) The deceased voter registration shall be cancelled by the permanent registrar.
(2)
(B) Proof that the felon has been discharged from probation or parole, paid all probation or parole fees, or satisfied all terms of imprisonment, and paid all applicable court costs, fines, or restitution shall be provided to the felon after completion of the probation, parole, or sentence by the Department of Correction, the Department of Community Correction, the appropriate probation office or the circuit clerk as applicable.
(C) The circuit clerk or any other entity responsible for collection shall provide proof to the Department of Correction, the Department of Community Correction, or the appropriate probation office that the felon has paid all applicable court costs, fines, or restitution.
(D) Upon compliance with subdivision (d)(2)(A) of this section, the felon shall be deemed eligible to vote.
(ii) A notation of the dismissal of the name and reason for dismissal of the name shall be made in the jury book.
(C) After receiving the notice from the circuit clerk, the permanent registrar shall promptly cancel the dismissed juror's voter registration, update the voter registry, and send the dismissed juror notice under subsection (f) of this section.
(B) Upon complying with subdivision (e)(2)(A) of this section the person shall be deemed eligible to vote and the permanent registrar shall add the citizen to the voter registry upon the citizen's application for voter registration.
(g)
“NOTICE OF IMPENDING CANCELLATION OF VOTER REGISTRATION.(2) When, in response to the notice, a qualified voter requests the permanent registrar not to cancel the voter registration, the voter registration shall not be cancelled under section 11(a)(1) of this amendment.
According to our records you have not responded to our address confirmation notice and you have not voted in any election during the period beginning on the date of the notice and ending on the day after the date of the second general election for federal office after the date of the first notice. This may indicate that you no longer live at the residence address printed on the postcard. If your permanent residence address is still the same as the printed address on this postcard YOU MUST CONFIRM YOUR RESIDENCE ADDRESS in order to remain on the voter registration list. If you do not return the attached postcard within thirty (30) days after the date postmarked on this card YOUR REGISTRATION WILL BE CANCELLED and you will have to re-register to vote.”
§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 cancelled 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 — Verification of voter registration.
(b)
(b) Shows a photograph of the person to whom the document or identification card was issued;
(c) Is issued by the United States, the State of Arkansas, an accredited postsecondary educational institution in the State of Arkansas, or a trade school in the State of Arkansas; and
(d) If displaying an expiration date, is not expired or expired no more than four (4) years before the date of the election in which the voter seeks to vote; or
(2) The digital format has been approved or issued by the United States, the State of Arkansas, or an accredited postsecondary educational institution in the State of Arkansas.
(ii) A photo identification card;
(iii) A concealed handgun carry license;
(iv) A United States passport;
(v) An employee badge or identification document issued by an accredited postsecondary educational institution in the State of Arkansas;
(vi) A United States military identification document;
(vii) A public assistance identification card if the card shows a photograph of the person to whom the document or identification card was issued; and
(viii) A voter verification card under Arkansas Code §7-5-324.
(ii) Permit the voter to cast a provisional ballot and inform the voter of the requirements under subdivision (b)(4) of this section.
(ii) A person not required to present a document or identification card under subdivision (b)(2)(B)(i) of this section shall provide documentation from the administrator of the facility attesting that the person is a resident of the facility.
(B) The following persons shall not be required to submit with his or her absentee ballot documentation that complies with subdivision (b)(1)(A)(ii) of this section:
(ii) The spouse or dependant of an active duty member of the uniformed services of the United States or United States Merchant Marine under subdivision (b)(3)(B)(i) of this section who is absent from the country on election day because of the service of the member; or
(iii)
(b) A person not required to submit a document or identification card under subdivision (b)(3)(B)(iii)(a) of this section shall provide documentation from the administrator of the facility attesting that the person is a resident of the facility.
(B) The county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds.
(B) The county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds.
(7) The State Board of Election Commissioners shall promulgate rules necessary to implement subsection (b) of this section.
(8)
(B) The county board of election commissioners shall refer suspected instances of voter fraud to the prosecuting attorney.
(C) The prosecuting attorney or a state entity authorized by the General Assembly may investigate possible voter fraud.
(D) Upon application based upon affidavits of one (1) or more qualified voters by the appropriate prosecuting attorney alleging possible voter fraud, the appropriate circuit judge, for good cause shown, may order the permanent registrar to cancel the registration of the voter failing to verify his or her registration as provided by this subsection.
§14. Voter registration lists.
(b) By the first day of June of each year, the Permanent Registrar shall certify to the Secretary of State the total number of registered voters in the county. The Secretary of State shall tabulate the total number of registered voters in the state and shall make such information available to interested persons upon request.
§15. Penalties.
(b) Any public official, election official, or public employee who wilfully violates any provision of this amendment shall be guilty of a misdemeanor, and upon conviction thereof shall also be removed from such office or position.
(c) Any other person who wilfully violates any provision of this amendment shall be guilty of a misdemeanor.
§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.”AMENDMENT 52 | COMMUNITY COLLEGES
§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 communuity 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.AMENDMENT 53 | FREE SCHOOL SYSTEM (CONST., ART. 14, § 1, AMENDED)
AMENDMENT 54 | PURCHASE OF PRINTING, STATIONERY AND SUPPLIES (CONST., ART. 19, § 15, REPEALED AND SECTION ADDED)
§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.AMENDMENT 55 | REVISION OF COUNTY GOVERNMENT
§1. Power of quorum court.
(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.
(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.AMENDMENT 56 | CONSTITUTIONAL OFFICERS — GENERAL ASSEMBLY (CONST., ART. 19, § 23 AND AMENDS. 37 AND 48, REPEALED; AND SECTIONS ADDED)
§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.AMENDMENT 57 | INTANGIBLE PERSONAL PROPERTY
§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 assessment and taxation of intangible personal property.AMENDMENT 58 | [REPEALED.]
AMENDMENT 59 | TAXATION (CONST., ART. 16, § 5, REPEALED; §§ 5, 14, 15, 16 ADDED)
AMENDMENT 60 | 1982 INTEREST RATE CONTROL AMENDMENT (CONST., ART. 19, § 13, AMENDED)
AMENDMENT 61 | COUNTY ROAD TAX (CONST. AMEND. 3, REPEALED; AND SECTION ADDED)
AMEND. 61. COUNTY ROAD TAX (CONST. AMEND. 3, REPEALED; AND SECTION ADDED).
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.AMENDMENT 62 | LOCAL CAPITAL IMPROVEMENT BONDS (CONST. AMENDS. 13, 17, 25 AND 49, REPEALED; AND SECTIONS ADDED)
§1. Local capital improvement bonds authorized — Election — Taxes — Limit on indebtedness — Suspension of tax levy.
(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.
§2. Issuance of bonds to secure and develop industry — Levy of tax — Suspension of collection — Limit on tax levy.
(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 and 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:
(B) Research, technology, and development facilities;
(C) Recycling facilities;
(D) Distribution centers;
(E) Call centers;
(F) Warehouse facilities;
(G) Job training facilities;
(H) Regional or national corporate headquarters facilities; and
(I) Sports complexes designed to host local, state, regional, and national competitions, including without limitation baseball, softball, and other sports tournaments; and
(B) Site preparation;
(C) Road and highway improvements;
(D) Rail spur, railroad, and railport construction;
(E) Water service;
(F) Wastewater treatment;
(G) Employee training which may include equipment for such purpose; and
(H) Environmental mitigation or reclamation.
§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. [As amended by Const. Amend. 97.]§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 newspaper 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.
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
(b) As used in this section:
(B) Research, technology, and development facilities;
(C) Recycling facilities;
(D) Distribution centers;
(E) Call centers;
(F) Warehouse facilities;
(G) Job training facilities; and
(H) Regional or national corporate headquarters facilities; and
(B) Site preparation;
(C) Road and highway improvements;
(D) Rail spur, railroad, and railport construction;
(E) Water service;
(F) Wastewater treatment;
(G) Employee training which may include equipment for such purpose; and
(H) Environmental mitigation or reclamation.
AMENDMENT 63 | FOUR YEAR TERMS FOR STATE CONSTITUTIONAL OFFICERS
§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.AMENDMENT 64 | [REPEALED.]
AMENDMENT 65 | REVENUE BONDS
§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.
(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.
(b) The term “governmental unit” as used herein 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. [As amended by Const. Amend. 89, §14.]AMENDMENT 66 | JUDICIAL DISCIPLINE AND DISABILITY COMMISSION
AMEND. 66. JUDICIAL DISCIPLINE AND DISABILITY COMMISSION.
(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 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.
AMENDMENT 67 | JURISDICTION OF MATTERS RELATING TO JUVENILES AND BASTARDY
§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.§3. Effect of amendment.
This amendment will not affect contraceptives or require an appropriation of public funds.AMENDMENT 68 | ABORTION
AMENDMENT 69 | REPEAL OF AMENDMENT 44 (PROTECTION OF STATES' RIGHTS) (CONST. AMEND. 44, REPEALED)
AMENDMENT 70 | EXECUTIVE DEPARTMENT AND GENERAL ASSEMBLY SALARIES — RESTRICTIONS ON EXPENSE REIMBURSEMENTS (CONST. AMEND. 56, §§ 2, 3 REPEALED; AND SECTIONS ADDED)
§1. Executive Department and General Assembly — Restrictions on reimbursements.
(b) Except as provided in 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. [Repealed.]
§4. Effective date.
The provisions of this amendment shall be effective on January 1, 1993.§5. Repeal of Amendment 56, Sections 2 and 3.
Section 2 and Section 3 of Amendment 56 to the Arkansas Constitution are hereby repealed.AMENDMENT 71 | PERSONAL PROPERTY TAXES
§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 on the assessed 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 revenues 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.AMENDMENT 72 | CITY AND COUNTY LIBRARY AMENDMENT (CONST. AMENDS. 30 AND 38, §§ 1 AND 3, AMENDED, CONST. AMENDS. 30 AND 38, § 5, ADDED)
AMENDMENT 73 | ARKANSAS TERM LIMITATION AMENDMENT
73. ARKANSAS TERM LIMITATION AMENDMENT.
Preamble: The people of Arkansas find and declare that elected officials who remain in office too long become preoccupied with reelection 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.§1. Executive Branch.
(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.
(b) The Arkansas Senate shall consist of members to be chosen every four (4) years by the qualified electors of the several districts.
(c)
(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)
(ii) Subsequent service in the General Assembly under subdivision (c)(1)(E)(i) of this section shall be as provided under subdivision (c)(2) of this section.
(ii) A member of the General Assembly first elected to the General Assembly on or after January 1, 2021, who serves twelve (12) or more consecutive years 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.
(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.
(D)
(ii) A partial legislative term served as a result of a special election under Article 5, §6, shall not be included in calculating the total number of consecutive years served by a member of the General Assembly first elected to the General Assembly on or after January 1, 2021.
§3. Congressional Delegation.
(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 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.
(b) All laws and constitutional provisions which conflict with this Amendment are hereby repealed to the extent that they conflict with this amendment.
AMENDMENT 74 | SCHOOL TAX — BUDGET — APPROVAL OF TAX RATE (CONST., ART. 14, § 3, AS AMENDED BY CONST. AMEND. 11 AND CONST. AMEND. 40, AMENDED)
AMENDMENT 75 | [ENVIRONMENTAL ENHANCEMENT FUNDS]
§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]
(b) There is hereby levied an additional excise tax of one-eighth of one percent (⅛ 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.
(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]
(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.
AMENDMENT 76 | THE CONGRESSIONAL TERM LIMITS AMENDMENT OF 1996 (CONST. AMEND. 73, § 3, AMENDED)
§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:(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.(f)
“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.[”]
(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:
(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.
(j) Notwithstanding any other provision of Arkansas law:
(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.
“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 hereby 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:
(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.
(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.
(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.
(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.
AMENDMENT 77 | [SPECIAL JUDGES] (ARK. CONST., ART 7, §§ 9, 21, 22, REPEALED)
§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 Ark. Const., Art. 7, §§9, 21, 22].
Article 7, Section 9, 21, and 22 are hereby repealed.AMENDMENT 78 | [CITY AND COUNTY GOVERNMENT REDEVELOPMENT]
§1. Redevelopment Projects.
(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 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].
(b) As used here:
(2) Repealed.
§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.AMENDMENT 79 | [PROPERTY TAX RELIEF]
§1. [Assessing value of real property].
(b)
(2) This subsection (b) does not apply to newly discovered real property, new construction, or to substantial improvements to real property.
(2) This subsection (c) does not apply to newly discovered real property, new construction, or to substantial improvements to real property.
(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.
(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].
(2) Upon the completion of the adjustments to assessed value required by this section each taxpayer of that county shall be entitled to apply the provision of Section 1 of this Amendment to the real property owned by them.
(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].
(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 ad valorem 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.
AMENDMENT 80 | [REVISION OF THE JUDICIAL ARTICLE] (MULTIPLE PROVISIONS OF CONST., ART. 7 REPEALED; CONST. AMENDS. 58, 64, AND 77, § 1, REPEALED; AND SECTIONS ADDED)
§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.
(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:
(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.
(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.
(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.
(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.
(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 (⅔) 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.
(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.
(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.
(B) Vacancies in these offices shall be filled as provided by this Constitution.
§18. Election of Supreme Court Justices and Court of Appeals Judges.
(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.
(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.
(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.
§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.
(B) Sections 34 and 35 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.
AMENDMENT 81 | [PROTECTION OF THE SECRECY OF INDIVIDUAL VOTES] (CONST. AMEND. 50, § 3, REPEALED)
AMENDMENT 82 | [OBLIGATION BONDS FOR ECONOMIC DEVELOPMENT]
§1. Issuance of general obligation bonds.
(b) Infrastructure needs may include, but are not limited to:
(2) Site preparation;
(3) Road and highway improvements;
(4) Rail spur, railroad, and railport construction;
(5) Water service;
(6) Wastewater treatment;
(7) Employee training which may include equipment for such purpose;
(8) Environmental mitigation or reclamation; and
(9) Training and research facilities and the necessary equipment therefore.
(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.
AMENDMENT 83 | [MARRIAGE]
§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.AMENDMENT 84 | [AUTHORIZED BINGO OR RAFFLES]
AMEND. 84. [AUTHORIZED BINGO OR RAFFLES].
(2)
(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
(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.
AMENDMENT 85 | [VOTING AND ELECTIONS AMENDMENT] (CONST., ART. 3, §§ 1, 2, 8, AND 10, AMENDED, CONST., ART. 3, § 5, REPEALED)
AMENDMENT 86 | [GENERAL ASSEMBLY SESSIONS] (CONST., ART. 5, §§ 5, 17, 29, 34, 39, 40 AND AMEND. 35, § 7, AMENDED)
AMENDMENT 87 | [STATE LOTTERY ESTABLISHED] (CONST., ART. 19, § 14, AMENDED)
AMENDMENT 88 | [WILDLIFE CONSERVATION AND MANAGEMENT]
§1. [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.
(c) Nothing in this amendment shall be construed to alter, repeal, or modify:
(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.
AMENDMENT 89 | [GOVERNMENTAL BONDS AND LOANS — INTEREST RATES — ENERGY EFFICIENCY PROJECTS] (CONST., ART. 19, § 13 REPEALED, CONST. AMEND. 30, § 5, AMEND. 38, § 5, AMEND. 62, § 1, AMEND. 65, § 4, AND AMEND. 78, § 2, AMENDED, AND SECTIONS ADDED)
§1. Governmental Bonds and Loans.
(b) The maximum lawful rate of interest on loans made by or to governmental units in the State of Arkansas as set forth in Article 19, §13 of the Arkansas Constitution of 1874 is removed.
(c) Except as may be established by the General Assembly pursuant to Section 8 of this amendment, there shall be no maximum lawful rate on bonds issued by and loans made by or to governmental units.
§2. Loans by Federally Insured Depository Institutions.
The maximum lawful rate of interest, discount points, finance charges, or other similar charges that may be charged, taken, received, or reserved from time to time in any loan or financing transaction by or to any federally insured depository institution having its main office in this State shall be the maximum rate of interest that was applicable to federally insured depository institutions under 12 U.S.C. §1831u effective on March 1, 2009.§3. Other Loans.
The maximum lawful rate of interest on loans or contracts not described in Sections 1 and 2 shall not exceed seventeen percent (17%) per annum.§4. Energy Efficiency Project Bonds – Issuance – Terms and Conditions.
(b) Bonds may be secured by a pledge of the savings from the energy efficiency project and may be repaid from general revenues, special revenues, revenues derived from taxes or any other revenues available to the governmental unit.
(c) The authority conferred by this Section 4 shall be supplemental to other constitutional provisions which authorize the issuance of bonds.
§5. Definitions.
(b) The term “Federal Reserve Primary Credit Rate” means the Primary Credit Rate, or such successor rate, as established by and in effect in the Federal Reserve Bank in the Federal Reserve District in which Arkansas is located.
(c) The term “federally insured depository institution” means a state bank, a national bank, or a savings association, as such terms are defined in 12 U.S.C. §1813 as such statute existed on January 1, 2009, the deposits of which are insured by the Federal Insurance Deposit Corporation, or its successor.
(d) The term “governmental unit” means the State of Arkansas; any county, municipality, school district, 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.
(e) The term “loan or financing transaction by or to a federally insured depository institution” means all direct or indirect advances of funds and moneys that are conditioned on the obligation of a person or entity to repay the funds and moneys pursuant to loan agreements, lease agreements, installment sale agreements, security agreements, notes, bill of exchange, or other evidence of debt or other instruments or documents evidencing the indebtedness and are made by or to a federally insured depository institution.
(f) The term “loans made by or to governmental units” means all direct or indirect advances of funds and moneys that are conditioned on the obligation of a person or entity to repay the funds and moneys pursuant to loan agreements, lease agreements, installment sale agreements, security agreements, notes, or other instruments or documents evidencing the indebtedness and are made by or to governmental units.
§6. Miscellaneous.
(b) All contracts under Section 3 having a rate of interest in excess of the maximum lawful rate shall be void as to principal and interest and the General Assembly shall prohibit the same by law.
§7. [Ballot Title].
The ballot title for this amendment shall be:§8. [Interest Rate Limits].
Nothing in this amendment shall limit the power of the General Assembly to fix, from time to time, one or more interest rate limits on various types of bonds issued by and loans made by or to governmental units.§9. [Application of Amendment].
If this amendment or the application thereof to any person or circumstances is held invalid, the remainder of the amendment and its application to persons or circumstances other than those to which it is held invalid shall not be affected.§10. [Amendment Provisions].
The provisions of this amendment, other than the provisions of Section 4 of this amendment, shall be self-executing.§11. [Three-fourths vote].
(b)
(B) Change capitalization for the purpose of uniformity;
(C) Correct manifest typographical and grammatical errors;
(D) Correct manifest errors in references to laws and other documents;
(E) Correct manifest errors in internal reference numbers;
(F) Number, renumber, redesignate, and rearrange the provisions of this amendment at issue;
(G) Change internal reference numbers to agree with renumbered sections, subsections, subdivisions, or other provisions of law;
(H) Insert or delete hyphens in words to follow correct grammatical usage;
(I) 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;
(J) Change the form of nouns, pronouns, and verbs for purposes of style and grammar;
(K) Correct punctuation; and
(L) Change gender-specific language to gender-neutral language.
(B) In the event that one (1) or more acts amending a provision of this amendment result in an irreconcilable conflict with one (1) or more acts amending a provision of this amendment enacted during the same session, the commission may, by a majority vote of the commission, revise this amendment so that the conflicting provision of the last enactment prevails.
(2) Includes the text of this amendment as amended by the revisions made under subsection (b) of this section.
§12. [Applicability].
The provisions of this amendment shall apply to all bonds issued and loans made after the effective date of this amendment.§13. [Effective Date].
The effective date of this amendment is January 1, 2011.§14. [Repealer].
This amendment shall repeal Article 19, §13, and the interest rate provisions of Amendment Nos. 30, 38, 62, 65, and 78 of the Arkansas Constitution.AMENDMENT 90 | [BONDS FOR ECONOMIC DEVELOPMENT] (CONST. AMEND. 82 AMENDED)
AMENDMENT 91 | [GENERAL OBLIGATION FOUR-LANE HIGHWAY CONSTRUCTION AND IMPROVEMENT BONDS]
§1. Intent.
The people of the State of Arkansas find that:(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.
§2. Definitions.
As used in this amendment:(b) “Chairman” means the chair of the Arkansas Highway Commission;
(c) “Chief fiscal officer” means the Director of the Department of Finance and Administration;
(d) “Commission” means the State Highway Commission;
(e) “Debt service” means all amounts required for the payment of principal of, interest on, and premium, if any, due with respect to the bonds in any fiscal year, along with all associated costs, including without limitation the fees and costs of paying agents and trustees, and remarketing agent fees;
(f) “Designated tax revenues” means:
(2) Other fees or taxes that are dedicated to the repayment of the bonds; and
(B) Bridges;
(C) Tunnels;
(D) Engineering;
(E) Rights-of-way; and
(F) Other related capital improvements and facilities appurtenant or pertaining thereto, including costs of rights-of-way acquisition and utility adjustments.
§3. Levy of Temporary Tax.
(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.
(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 Arkansas compensating taxes.
§4. Authorization and purpose.
(2) Funding new four-lane highway improvements not in progress or scheduled as of January 1, 2011;
(3) Providing matching funds in connection with federal highway programs for four-lane highway improvements; and
(4) Paying the costs of issuance of the bonds.
(c)
(2) The bonds shall be payable first from the following designated revenues:
(B) Portion of the proceeds of the additional one-half percent (0.5%) compensating excise tax; and
(C) Other revenues designated by the General Assembly for this purpose.
(2) The sales and use tax shall terminate upon payment in full of the bonds.
(3) If the amendment is not approved, the sales and use taxes shall not be levied and collected.
§5. Use of proceeds.
(b)
(2) The proceeds of the excise taxes transferred to the State Highway and Transportation Department Fund shall be set aside and transferred to the Arkansas Four-Lane Highway Construction and Improvement Bond Account and used for the purposes provided for in this amendment.
(3) The tax revenues accruing from this amendment shall not be designated as special revenues for deposit to the Arkansas Department of Aeronautics Fund under §27-115-110.
§6. [Highway revenues.]
The Arkansas Highway Revenue Distribution Law, which defines highway revenues, shall include taxes levied and collected by this amendment.§7. Effective Date.
(b) If the tax levies and the issuance of the bonds are approved, the effective date of the temporary taxes levied by this amendment shall be July 1, 2013.
§8. Termination of tax.
(b)
(2) The written statement shall certify that:
(B) There are no longer any bonds outstanding payable from tax collections.
§9. [Administration and tax procedures.]
(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.
§10. Procedure for issuing bonds.
Before any series of bonds may be issued:(B) The estimated amount of designated tax revenues shall be reported to the commission and Governor;
(B) Estimated cost of the four-lane highway construction and improvements;
(C) Amount of bonds necessary to finance such four-lane highway construction and improvements; and
(D) Estimated amount of debt service required to pay the bonds;
(4)
(B) Each such resolution shall contain the terms, covenants, and conditions as are desirable and consistent with this amendment, including without limitation the:
(ii) Deposit and investment of tax collections and of bond proceeds; and
(iii) Rights and obligations of the state, its officers and officials, the commission, and the registered owners of the bonds.
(ii) The trust indenture or trust indentures shall be binding upon the commission, the state, and their respective officers and officials.
§11. Terms of bonds.
(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.
(c)
(2)
(B) The interest may be taxable or tax-exempt or may be convertible from one (1) interest rate mode to another.
(C) The interest shall be payable at a time determined by the commission.
(2) May be in such denominations;
(3) May be made exchangeable for bonds of another form or denomination, bearing the same rate of interest;
(4) May be made payable at places within or outside the state;
(5) May be made subject to redemption prior to maturity in such manner and for such redemption prices; and
(6) May contain other terms and conditions established by the commission.
(2) Delivery of the executed bonds shall be valid, notwithstanding any change in persons holding the offices occurring after the bonds have been executed.
§12. Sale of bonds.
(2) The bonds may be sold at a price acceptable to the commission, and the price may include a discount or a premium.
(2) The commission shall set the terms and conditions of bidding, including the basis on which the winning bid will be selected.
(2) The commission may enter into ancillary agreements in connection with the sale of the bonds as necessary and advisable, including without limitation bond purchase agreements, remarketing agreements, letter of credit and reimbursement agreements, and bond insurance agreements.
§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.§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.§15. General obligation.
(2) The bonds shall be payable from:
(B) General revenues of the state as that term is defined in the Revenue Stabilization Law, §19-5-101 et seq.
(2) The court shall, in any suit against the commission, the Treasurer of State, or other officer or official of the state prevent a diversion of any funds pledged under this amendment and shall compel the restoration of diverted funds, by injunction or mandamus.
(3) Without limitation as to any other appropriate remedy at law or in equity, a bond owner may, by an appropriate action, including without limitation injunction or mandamus, compel the performance of all covenants and obligations of the state, its officers, and officials.
§16. Sources of repayment.
(b)
(2) The Treasurer of State shall deposit in the Arkansas Four-Lane Highway Construction and Improvement Bond Account all designated tax revenues.
(3) The commission may pledge to the repayment of the bonds the full faith and credit of the state and may grant a lien upon the funds on deposit in the Arkansas Four-Lane Highway Construction and Improvement Bond Account.
(2) The Treasurer of State shall then make transfers from the Arkansas Four-Lane Highway Construction and Improvement Bond Account in the State Highway and Transportation Department Fund to the trustees of each series of bonds, in such amounts and at such times as shall be specified in the indentures, to:
(B) Establish and maintain with the trustee for each series of bonds a reserve or reserves for payment of debt service on each series of bonds.
(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:
(2) Fund additional four-lane highway construction and improvements in the manner and in accordance with the provisions set forth in the trust indentures authorizing or securing each series of bonds.
§17. Investment of revenues.
(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.
§18. Refunding bonds.
(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.
§19. Tax Exemption.
(2) Profits from the sale of the bonds shall also be exempt from income taxes.
§20. State Aid Street Fund.
(2) Permanently dedicate the revenues to the State Aid Street Fund created under §27-72-407.
§21. Powers of the commission.
(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.
§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 (1¢) 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 (1¢) 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 (1¢) per gallon of the proceeds derived from the existing motor fuel and distillate fuel taxes to the State Aid Street Fund.”
AMENDMENT 92 | [REVIEW AND APPROVAL OF ADMINISTRATIVE RULES] (CONST., ART. 5, § 42, ADDED)
AMENDMENT 93 | [AMENDMENT OF INITIATIVE AND REFERENDUM PETITIONS] (CONST., ART. 5, § 1, AMENDED)
AMENDMENT 94 | THE ARKANSAS ELECTED OFFICIALS ETHICS, TRANSPARENCY, AND FINANCIAL REFORM AMENDMENT OF 2014 (CONST., ART. 19, §§ 28-31, 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)
AMENDMENT 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)
AMENDMENT 96 | [GOVERNOR’S RETENTION OF POWERS AND DUTIES WHEN ABSENT FROM THE STATE] (CONST. AMEND. 6, § 4, AMENDED)
AMENDMENT 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)
AMENDMENT 98 | ARKANSAS MEDICAL MARIJUANA AMENDMENT OF 2016
§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:(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:
(B) Cultivates, prepares, manufactures, processes, packages, sells to and delivers usable marijuana to a dispensary;
(B) Works at the cultivation facility; and
(C) Has registered with the Alcoholic Beverage Control Division under §9 of this amendment;
(B) “Designated caregiver” includes without limitation a parent:
(ii) Required to register as a designated caregiver under this amendment.
(8) “Dispensary agent” means:
(ii) Works at the dispensary; and
(iii) Has registered with the division under §9 of this amendment; and
(10) “Excluded felony offense” means:
(b) The Medical Marijuana Commission, the Department of Health, or the Alcoholic Beverage Control Division shall determine whether an offense is a felony offense based upon a review of the relevant court records concerning the conviction for the offense.
(ii) An offense that has been sealed by a court or for which a pardon has been granted;
(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:
(B) A chronic or debilitating disease or medical condition or its treatment that produces one (1) or more of the following: cachexia or wasting syndrome; peripheral neuropathy; intractable pain, which is pain that has not responded to ordinary medications, treatment, or surgical measures for more than six (6) months; severe nausea; seizures, including without limitation those characteristic of epilepsy; or severe and persistent muscle spasms, including without limitation those characteristic of multiple sclerosis; and
(C) Any other medical condition or its treatment approved by the Department of Health under §4 of this amendment;
(B) “Qualifying patient” shall not include a member of the Arkansas National Guard or the United States military;
(16) “Sealed” means to expunge, remove, sequester, and treat as confidential the record or records of a felony offense;
(17)
(B) “Usable marijuana” does not include the weight of any ingredients other than marijuana that are combined with marijuana and prepared for consumption as food or drink;
(19)
(B) A written certification shall specify the qualifying patient's qualifying medical condition, which also shall be noted in the physician's records.
(C) A physician shall not issue a written certificate to a patient based on an assessment performed through telemedicine.
(D) A written certification is not a medical prescription;
(B) “Current use of marijuana” is presumed when a positive test result for marijuana occurs;
(B) An individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility;
(C) An individual employed outside the State of Arkansas; or
(D) An independent contractor;
(23)
(B) “Good faith belief” does not include a belief formed with gross negligence.
(C) “Good faith belief” may be based on any of the following:
(ii) Information reported by a person believed to be reliable, including without limitation a report by a person who witnessed the use or possession of marijuana or marijuana paraphernalia by an applicant or employee in the workplace;
(iii) Written, electronic, or verbal statements from the employee or other persons;
(iv) Lawful video surveillance;
(v) A record of government agencies, law enforcement agencies, or courts;
(vi) A positive test result for marijuana;
(vii) A warning label, usage standard, or other printed material that accompany instructions for usable marijuana;
(viii) Information from a physician, medical review officer, or a dispensary;
(ix) Information from reputable reference sources in print or on the internet;
(x) Other information reasonably believed to be reliable or accurate; or
(xi) Any combination of the items listed in subdivisions (23)(C)(i)-(x) of this section;
(25)
(B) “Safety sensitive position” also means any position designated in writing by an employer as a safety sensitive position in which a person performing the position while under the influence of marijuana may constitute a threat to health or safety, including without limitation a position:
(b) Performing life-threatening procedures;
(c) Working with confidential information or documents pertaining to criminal investigations; or
(d) Working with hazardous or flammable materials, controlled substances, food, or medicine; or
(B) “Under the influence” includes without limitation:
(ii) Negligence or carelessness in operating equipment, machinery, or production or manufacturing processes;
(iii) Disregard for safety;
(iv) Involvement in an accident that results in:
(b) Disruption of a production or manufacturing process; or
(c) An injury; or
§3. Protections for the medical use of marijuana.
(b)
(2) The presumption made in subdivision (b)(1) of this section may be rebutted by evidence that conduct related to marijuana was not for the purpose of treating or alleviating the qualifying patient's qualifying medical condition or symptoms associated with the qualifying medical condition in accordance with this amendment.
(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:
(B) Other dispensaries in Arkansas; and
(C) If permissible under federal law, out-of-state dispensaries;
(B) Other dispensaries in Arkansas; and
(C) If permissible under federal law, out-of-state dispensaries; and
(2) For the purposes of medical care, including without limitation organ transplants, a qualifying patient's authorized use of marijuana in accordance with this amendment is considered the equivalent of the authorized use of any other medication used at the direction of a physician and does not constitute the use of an illicit substance.
(3)
(B) A cause of action shall not be established against an employer based upon, and an employer is not prohibited from, any of the following actions:
(ii) Acting on the employer's good faith belief that a qualifying patient:
(b) Was under the influence of marijuana while on the premises of the employer or during the hours of employment, provided that a positive test result for marijuana cannot provide the sole basis for the employer's good faith belief; or
(ii) Reassigning an employee to a different position or job duties;
(iii) Placing an employee on paid or unpaid leave;
(iv) Suspending or terminating an employee;
(v) Requiring an employee to successfully complete a substance abuse program before returning to work;
(vi) Refusing to hire an applicant; or
(vii) Any combination of the actions listed in subdivisions (f)(3)(C)(i) — (f)(3)(C)(vi) of this section.
(ii) Liability for back pay shall not accrue from a date more than two (2) years prior to the filing of an action.
(iii) Damages under this subdivision (f)(3) shall not duplicate or increase an award for damages over the statutory limit allowed by state law or federal law existing on January 1, 2017, whichever is lower.
(F) An individual employee, agent of the employer, or employee of the agent of the employer is not liable for any violation of this subdivision (f)(3) that the employer is found to have committed.
(G) This amendment does not waive the sovereign immunity of the State of Arkansas.
(2) A presumption of neglect or child endangerment for conduct allowed under this amendment.
(2) Subdivision (g)(1) of this section does not prevent a professional licensing board from sanctioning a physician for failing to properly evaluate a patient's medical condition or for otherwise violating the applicable physician-patient standard of care.
(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)
(2)
(B) The department shall promulgate necessary rules concerning a visiting qualifying patient obtaining marijuana from a dispensary.
§4. Qualifying patient — Administration and enforcement — Rules.
(2) The department shall adopt rules necessary to:
(B) Perform its duties under this amendment.
(4)
(B) The criminal background checks shall conform to the applicable federal standards and shall include the taking of fingerprints.
(C) The applicant shall authorize the release of the criminal background checks to the Department of Health and shall be responsible for the payment of any fee associated with the criminal background checks.
(D) Upon completion of the criminal background checks, the Identification Bureau of the Department of Arkansas State Police shall forward to the Department of Health all information obtained concerning the applicant.
(2) Labeling and testing standards for marijuana distributed to qualifying patients, including a warning label on all marijuana for medical use that is processed or sold for smoking that communicates the health and safety risks associated with smoking and a list of places and conditions in which smoking marijuana for medical use is illegal in the State of Arkansas; and
(3) Any other matters necessary for the department's fair, impartial, stringent, and comprehensive administration of this amendment.
(2) In considering a petition, the department shall add medical conditions or treatments to the list of qualifying medical conditions set forth in §2 of this amendment if patients suffering from the medical conditions or undergoing the treatments in question would derive therapeutic benefit from the use of marijuana, taking into account the positive and negative health effects of such use.
(3)
(B) The approval or denial of a petition constitutes final agency action, subject to judicial review, and jurisdiction for judicial review is vested in the Pulaski County Circuit Court.
(e) The department may collect fines or fees for any violation of a rule adopted under this section.
(f) When a patient receives a written certification from a physician, the physician may require the patient to consult with a pharmacist consultant of a dispensary.
§5. Registry identification cards.
(2)
(B) The department may establish a sliding scale of application and renewal fees based upon a qualifying patient's family income;
(4) For a designated caregiver application:
(B) Documentation from the qualifying patient's physician indicating that the qualifying patient is physically disabled or under the age of eighteen (18);
(6) A signed statement from the qualifying patient or designated caregiver pledging not to divert marijuana to anyone who is not allowed to possess marijuana under this amendment.
(2) A parent, guardian, or person having legal custody:
(ii) Assist the qualifying patient in the medical use of marijuana; and
(iii) Control the acquisition of the marijuana, the dosage, and the frequency of the medical use of marijuana by the qualifying patient; and
(2) The department shall deny an application or renewal if the:
(B) Department determines the written certification was not made in the context of a physician-patient relationship or that the written certification was fraudulently obtained.
(2) If the written certification specifies an earlier date, the registry identification card shall expire on that date.
(2)
(ii)
(b) Confidential information shared with the division or commission shall remain confidential while in the division's or commission's possession.
(4) A person, including without limitation an employee or official of the department, division, commission, or another state agency or local government, who knowingly breaches the confidentiality of information obtained under this amendment commits a Class A misdemeanor.
(2) The department may revoke the registry identification card of any cardholder who knowingly violates any provision of this amendment, and the cardholder is subject to any other penalties established by law.
(3) This subsection does not prohibit:
(B) The transfer of marijuana seedlings, plants, or usable marijuana as set forth in §3 of this amendment.
(2) The nature of the qualifying medical conditions of the qualifying patients;
(3) The number of registry identification cards revoked and the number of licenses to operate a dispensary and licenses to operate a cultivation facility revoked;
(4) The number of physicians providing written certifications for qualifying patients;
(5) The number of licensed dispensaries;
(6) The number of licensed cultivation facilities;
(7) The number of dispensary agents; and
(8) The number of cultivation facility agents.
§6. Scope.
(2) Possess, smoke, or otherwise engage in the medical use of marijuana:
(B) On the grounds of a daycare center, preschool, primary or secondary school, college, or university;
(C) At a drug or alcohol treatment facility;
(D) At a community or recreation center;
(E) In a correctional facility;
(F) On any form of public transportation;
(G) In a public place; or
(H) On any property that is under control of the Arkansas National Guard or the United States military;
(4) Smoke marijuana:
(B) In the presence of a person who is under fourteen (14) years of age;
(C) Inside a motor vehicle, aircraft, motorized watercraft, or any vehicle drawn by power other than muscle power;
(D) Knowingly in the presence of a pregnant woman; or
(E) In a place where the smoking of marijuana for medical use is likely to cause another person not authorized to use marijuana to be under the influence of marijuana; or
(2) An employer to accommodate the ingestion of marijuana in a workplace or an employee working while under the influence of marijuana;
(3) An individual or establishment in lawful possession of property to allow a guest, client, customer, or other visitor to use marijuana on or in that property;
(4) An individual or establishment in lawful possession of property to admit a guest, client, customer, or other visitor who is inebriated as a result of his or her medical used of marijuana;
(5) A landlord to permit a qualifying patient to smoke marijuana on or in leased property, except that a landlord may not prohibit the medical use of marijuana through means other than smoking on leased property by a qualifying patient; or
(6) A public school to permit a qualifying patient who is a student to be present on school grounds, to attend a school event, or to participate in extracurricular activities in violation of the public school's student discipline policies when a school office has a good faith belief that the behavior of the qualifying patient is impaired.
§7. Affirmative defense and dismissal for medical use of marijuana.
(2) In compliance with the conditions set forth in §3 of this amendment.
(2) The purposes for the possession of marijuana were not solely for medical use.
(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:
(2) Forfeiture of any interest in or right to nonmarijuana, licit property.
§8. Licensing of dispensaries and cultivation facilities.
(2) The commission shall administer and regulate the licensing of dispensaries and cultivation facilities, including the issuance of a:
(ii) License to operate a cultivation facility.
(B) Perform its duties under this amendment.
(2) Sixty percent (60%) of the individuals owning an interest in a dispensary or cultivation facility.
(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 this amendment.
(2) Recordkeeping requirements for dispensaries and cultivation facilities;
(3) Security requirements for dispensaries and cultivation facilities;
(4) Personnel requirements for dispensaries and cultivation facilities;
(5) The manufacture, processing, packaging, labeling, and dispensing of usable marijuana to qualifying patients and designated caregivers, including without limitation:
(B) If portions cannot be physically determined, the entirety of the food or drink that has been combined with usable marijuana shall not contain more than ten milligrams (10 mg) of active tetrahydrocannabinol;
(7) Procedures for inspections and investigations of dispensaries and cultivation facilities;
(8) Advertising restrictions for dispensaries and cultivation facilities, including without limitation the advertising, marketing, packaging, and promotion of dispensaries and cultivation facilities with the purpose to avoid making the product of a dispensary or a cultivation facility appealing to children, including without limitation:
(B) Building signage;
(C) Product design, including without limitation shapes and flavors;
(D) Child-proof packaging that cannot be opened by a child or that prevents ready access to toxic or harmful amount of the product, and that meets the testing requirements in accordance with the method described in 16 C.F.R. §1700.20, as existing on January 1, 2017;
(E) Indoor displays that can be seen from outside the dispensary or cultivation facility; and
(F) Other forms of marketing related to medical marijuana;
(10) Any other matters necessary to the division's fair, impartial, stringent, and comprehensive administration of its duties under this amendment.
(2)
(B) The initial cultivation facility application fee shall be a maximum of fifteen thousand dollars ($15,000).
(C) A license that is initially issued between January 1 and July 1 may have the licensing fees up to fifty percent (50%) prorated and refunded as determined by the commission.
(2) The application shall include without limitation the following:
(B) The legal name of the dispensary or cultivation facility;
(C) The physical address of the:
(b) Subdivision (g)(2)(C)(i)(a) of this section does not apply to or impact existing locations of dispensaries issued a license before the effective date of this subdivision (g)(2)(C)(i)(b) that may be located within one thousand five hundred feet (1,500′) of a facility for individuals with developmental disabilities; or (ii) Cultivation facility, the location of which may not be within three thousand feet (3,000′) of a public or private school, church, or daycare center existing before the date of the cultivation facility application, which shall be calculated from the primary entrance of the cultivation facility to the nearest property boundary of a public or private school, church, or daycare center;
(E) If the city, town, or county in which the dispensary or cultivation facility would be located has enacted zoning restrictions, a sworn statement certifying that the dispensary or cultivation facility will operate in compliance with the restrictions.
(B) Shall have previously been an owner of a dispensary or cultivation facility that has had its license revoked; and
(C) Shall be under twenty-one (21) years of age.
(B) The commission shall adopt rules as necessary to provide temporary 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)
(2) The commission shall require each applicant for a dispensary license or cultivation facility license to apply for or authorize the commission to obtain state and national criminal background checks to be conducted by the Identification Bureau of the Department of Arkansas State Police and the Federal Bureau of Investigation.
(3) The criminal background checks shall conform to the applicable federal standards and shall include the taking of fingerprints.
(4) The applicant shall authorize the release of the criminal background checks to the commission and shall be responsible for the payment of any fee associated with the criminal background checks.
(5) Upon completion of the criminal background checks, the Identification Bureau of the Department of Arkansas State Police shall forward to the commission all information obtained concerning the applicant.
(2) One (1) dispensary.
(B) A dispensary licensed under this section shall:
(ii) Provide educational materials about medical marijuana methods of ingestion to qualifying patients and designated caregivers, including without limitation:
(b) Information on potential health benefits of vaporizing marijuana compared to smoking or combusting.
(B) A dispensary may contract with a transporter, distributer, or processer to extent of the license of the transporter, distributer, or processer.
(ii) All usable marijuana derived from the plants under subdivision (m)(3)(A)(i) of this section or predecessor plants.
(ii) However, a cultivation facility shall not sell marijuana in any form except to a dispensary or other cultivation facility.
(C) The commission with the assistance of the Department of Health shall promulgate rules determining the amount of marijuana reasonably necessary under subdivision (m)(4)(A) of this section.
(B) A cultivation facility may contract with a transporter, distributer, or processer to extent of the license of the transporter, distributer, or processer.
(2) The commission shall issue a renewal dispensary license or a renewal cultivation facility license within ten (10) days to any entity who complies with the requirements contained in this amendment, including without limitation the payment of a renewal fee.
(p) The commission and the division may collect fines or fees for any violation of a rule adopted under this section.
(q)
(2) A license issued for a dispensary or cultivation facility shall be transferable only to a natural person upon approval of the commission.
(s)
(2) A pharmacist consultant shall:
(B) Develop and provide training to other dispensary agents at least one (1) time every twelve (12) months from the initial date of the opening of the dispensary on the following subjects:
(ii) Recognizing the signs and symptoms of substance abuse; and
(iii) Guidelines for refusing to provide medical marijuana to an individual who appears to be impaired or abusing medical marijuana;
(D) Provide oversight for the development and dissemination of:
(b) Guidelines for notifying the physician who provided the written certification for medical marijuana if side effects or contraindications occur;
(c) A description of the potential effects of differing strengths of medical marijuana strains and products;
(d) Information about potential drug-to-drug interactions, including interactions with alcohol, prescription drugs, nonprescription drugs, and supplements;
(e) Techniques for the use of medical marijuana and marijuana paraphernalia; and
(f) Information about different methods, forms, and routes of medical marijuana administration;
(iii) Policies and procedures for refusing to provide medical marijuana to an individual who appears to be impaired or abusing medical marijuana; and
(ii) Telephone or video conference for a patient consultation during operating hours.
(B) Provide to the new qualifying patient of the dispensary a card containing language about a consultation with a pharmacist consultant and the contact information of the pharmacist consultant; and
(C) Post information on the website of the dispensary regarding a consultation with a pharmacist consultant, the availability of the pharmacist consultant, and the contact information of the pharmacist consultant.
(ii) The division shall adopt rules to implement subdivision (t)(1)(A)(i) of this section;
(ii) Is secure against unauthorized entry;
(iii) Has a foundation, slab, or equivalent base to which the floor is securely attached;
(iv) Meets performance standards ensuring that cultivation and processing activities cannot be and are not perceptible from the structure in terms of:
(b) Odors, smells, fragrances, or other olfactory stimuli;
(c) Light pollution, glare, or brightness;
(d) Adequate ventilation to prevent mold; and
(e) Noise;
(vi) Is accessible only through one (1) or more lockable doors;
(ii) All entrances and exits to the cultivation facility;
(iii) All windows, skylights, and retractable mechanisms built into the roof;
(iv) The location of all required security cameras;
(v) The location of all alarm inputs, detectors, and sirens;
(vi) All video and alarm system surveillance areas;
(vii) All production areas labeled according to the specific activity occurring within the area;
(viii) All restricted and limited access areas identified; and
(ix) All nonproduction areas labeled according to purpose;
(ii) Locked and accessible only by authorized personnel on a current roster of authorized personnel;
(ii) The log shall consist of the visitor's name, purpose of visit, time of arrival, and time of departure.
(iii) Visitors to a cultivation facility shall be:
(b) Escorted by a cultivation facility agent at all times while present on the premises.
(b) Cultivation facility agents shall ensure that the contractor and area under repair are under video surveillance for the duration of the time spent on the premises by the contractor; and
(ii) The alarm system shall:
(b) Provide coverage of any room with an exterior wall, any room containing a safe, and any room used to grow or store medical marijuana;
(c) Be equipped with a panic drive that upon activation will not only sound any audible alarm components but will also notify law enforcement;
(d) Have duress and hold up features to enable a cultivation facility agent to activate a silent alarm notifying law enforcement of an emergency;
(e) Be equipped with failure notification systems to notify cultivation facilities and law enforcement of any failure in the alarm system; and
(f) Have the ability to remain operational during a power outage.
§9. Registration and certification of cultivation facility agents and dispensary agents.
(2) The division shall administer and enforce the provisions of this amendment concerning cultivation facility agents and dispensary agents, including without limitation the issuance of a:
(B) Registry identification card to a cultivation facility agent.
(B) Perform its duties under this amendment.
(2) The form and content of registration and renewal applications for dispensary agents and cultivation facility agents;
(3) Procedures for suspending or terminating the registration of dispensary agents and cultivation facility agents that violate the provisions of this amendment or the rules adopted under this amendment, procedures for appealing penalties, and a schedule of penalties; and
(4) Any other matters necessary to the division's fair, impartial, stringent, and comprehensive administration of its duties under this amendment.
(2) The division shall require each applicant for a dispensary agent license or cultivation facility agent license to apply for or authorize the division to obtain state and national criminal background checks to be conducted by the Identification Bureau of the Department of Arkansas State Police and the Federal Bureau of Investigation.
(3) The criminal background checks shall conform to the applicable federal standards and shall include the taking of fingerprints.
(4) The applicant shall authorize the release of the criminal background checks to the division and shall be responsible for the payment of any fee associated with the criminal background checks.
(5) Upon completion of the criminal background checks, the Identification Bureau of the Department of Arkansas State Police shall forward to the division all information obtained concerning the applicant.
(2) A reasonable fee in an amount established by rule of the division.
(2) The division shall conduct a criminal background check as described in subsection (d) of this section of each dispensary agent or cultivation facility agent in order to carry out this provision.
(3) The division shall notify the dispensary or cultivation facility in writing of the reason for denying the registry identification card.
(2) A registry identification card of a dispensary agent or cultivation facility agent expires upon notification to the division by a dispensary or cultivation facility that the person ceases to work at the dispensary or cultivation facility.
(i)
(2) The division may revoke or suspend the dispensary license or cultivation facility license of a dispensary or cultivation facility that the division determines knowingly aided or facilitated a violation of any provision of this amendment, and the licenseholder is subject to any other penalties established in law for the violation.
§10. Dispensary and cultivation facility inspections and requirements.
(b)
(2) A dispensary and a cultivation facility shall be an entity incorporated in the State of Arkansas.
(3) A dispensary and cultivation facility shall implement appropriate security measures to deter and prevent unauthorized entrance into areas containing marijuana and the theft of marijuana.
(4) A dispensary and cultivation facility shall have procedures in place to ensure accurate recordkeeping.
(5) Each dispensary shall keep the following records, dating back at least three (3) years:
(B) A record of each transaction, including the amount of marijuana dispensed, the amount of compensation, and the registry identification number of the qualifying patient or designated caregiver.
(B) Conduct a biannual comprehensive inventory of all marijuana, including without limitation usable marijuana available for dispensing, mature marijuana plants, and seedlings at each authorized location.
(8)
(B) A dispensary or a dispensary agent may not dispense more than a total of two and one-half ounces (2 ½ oz.) of usable marijuana to either a qualifying patient or designated caregiver acting on behalf of a qualifying patient during a fourteen-day period.
(C) Each time a dispensary agent dispenses usable marijuana to a qualifying patient or designated caregiver, he or she shall verify that the dispensing of usable marijuana would not cause the qualifying patient or designated caregiver to receive more usable marijuana than is permitted in a fourteen-day period.
(D) Each time usable marijuana is dispensed, the dispensary agent shall:
(ii) Notify the Department of Health in the manner required by the department.
(F) All records shall be kept according to the registry identification number of the qualifying patient or designated caregiver.
(G) It is the specific intent of this Amendment that no qualifying patient or designated caregiver acting on behalf of a qualifying patient be dispensed more than a total of two and one-half ounces (2 ½ oz.) of usable marijuana during a fourteen-day period whether the usable marijuana is dispensed from one or any combination of dispensaries.
§11. Immunity for dispensaries and cultivation facilities.
(2) Inspection, except under §10 of this amendment or upon a search warrant issued by a court or judicial officer;
(3) Seizure of marijuana, except upon any order issued by a court or judicial officer and with due process of law; or
(4) Imposition of a penalty or denial of a right or privilege, including without limitation imposition of a civil penalty or disciplinary action by a business, occupational, or professional licensing board or entity, solely for acting in accordance with this amendment.
(2)
(B)
(ii) A dispensary agent who is a volunteer may not dispense or transport marijuana.
(4) A transporter agent or distributer agent may possess marijuana at any location while the transporter agent or distributor agent is transferring marijuana from a dispensary, cultivation facility, or processer to another dispensary, cultivation facility, or processor.
§12. Prohibitions for dispensaries.
(2) A dispensary may transfer marijuana to a transporter, distributer, or processer to operate to extent of the license of the transporter, distributer, or processer.
(2) A dispensary employing a dispensary agent found to violate subdivision (b)(1) of this section is not subject to penalties, including without limitation the revocation of its license, for the actions of a dispensary agent unless the dispensary knowingly aided or facilitated the violation.
§13. Prohibitions for cultivation facilities.
(b) A cultivation facility may employ a transporter or a distributor to transfer marijuana from the cultivation facility to a dispensary, other cultivation facility, or processer.
§14. Local regulation.
(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:(2) Offer a discount or other thing of value to a qualifying patient who uses or agrees to use a particular dispensary;
(3) Examine a patient for purposes of diagnosing a qualifying medical condition at a dispensary; or
(4) Hold an economic interest in a dispensary or cultivation facility if the physician certifies the qualifying medical condition of a patient for medical use of marijuana.
§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.
(2) The sale of usable marijuana is also subject to the Arkansas Medical Marijuana Special Privilege Tax Act of 2017, §26-57-1501 et seq., or its successor.
(2) All moneys received as part of this amendment prior to the effective date of this section shall be immediately transferred to the Arkansas Medical Marijuana Implementation and Operations Fund upon the effective date of this section;
(3) In order for the Chief Fiscal Officer of the State to determine the expenses that state agencies incurred due to the passage of this amendment, the following state entities shall submit a report to the Chief Fiscal Officer of the State no later than May 1 of each year of the projected expenses for the next fiscal year, including without limitation expenses as set out in subdivision (b)(4) of this section:
(B) The Department of Health;
(C) The Medical Marijuana Commission; and
(D) Any other state agency that incurs implementation, administration, or enforcement expenses related to this amendment; and
(B) At the end of each fiscal year, any unobligated balances of the amounts transferred shall be deducted from the amount transferred in the next fiscal year as authorized in subdivision (b)(4)(A) of this section.
(C) Any unanticipated expenses or expenses over the amount transferred may be added from time to time to the transfer amount authorized in subdivision (b)(4)(A) of this section.
(D) The Department of Finance and Administration shall report at the end of the fiscal year to the Legislative Council, or to the Joint Budget Committee if during a legislative session, the following information:
(ii) The amount transferred to each agency; and
(iii) Copies of the report submitted to the Chief Fiscal Officer of the State identifying estimated expenses as set out in subdivision (b)(3) of this section.
(d) 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.
(2)
(ii) Fees for replacement registry identification cards.
(4) Other appropriations by the General Assembly, if such funds are available.
(2)
(B) Revenue generated from fees, penalties, and other assessments of the division under this amendment shall be used solely for the performance of the division's duties under this amendment and shall be used for no other purpose;
(4) Other appropriations by the General Assembly, if such funds are available.
(2) The revenue generated from fees, penalties, and other assessments of the commission provided for by this amendment, including without limitation dispensary and cultivation facility application fees, licensing fees, and renewal fees;
(3) Private donations, if such funds are available; and
(4) Other appropriations by the General Assembly, if such funds are available.
§19. Medical Marijuana Commission — Creation.
(2) Each member of the commission shall serve a term of four (4) years.
(3) The commission shall consist of five (5) members as follows:
(B) Two (2) members appointed by the Speaker of the House of Representatives; and
(C) One (1) member appointed by the Governor.
(5) The commission shall select one (1) of its members as chair.
(6) An affirmative vote of a majority of a quorum present shall be necessary to transact business.
(B) The initial members appointed by the President Pro Tempore of the Senate shall draw lots to determine which member shall serve a term of two (2) years.
(B) The initial members appointed by the Speaker of the House of Representatives shall draw lots to determine which member shall serve a term of two (2) years.
(4) All subsequent persons appointed to the commission shall serve a term of four (4) years.
(2) A resident of the State of Arkansas for at least ten (10) years preceding his or her appointment;
(3) A qualified elector;
(4) At least twenty-five (25) years of age; and
(5) Have no economic interest in a dispensary or cultivation facility.
(2) Members of the commission shall receive no other compensation, expense reimbursement, or in-lieu-of payments.
(2) The Alcoholic Beverage Control Division shall provide staff for the commission if the commission does not have employees available for that purpose.
(2) The President Pro Tempore of the Senate shall call the first meeting of the commission, which shall occur within forty-five (45) days of the effective date of this section.
§20. No implied repeal.
(b) This amendment acknowledges that marijuana use, possession, and distribution for any purpose remains illegal under federal law.
§21. Limitation on growing.
This amendment:(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.
(b) The General Assembly shall not amend the following provisions of this amendment:
(2) Subsection (h), (i), and (j) of §8; and
(3) Section 23.
§24. Licensure for transporters, distributers, and processers.
(2) The Alcoholic Beverage Control Division shall administer and enforce the provisions of this section concerning transporters, distributers, and processors.
(2) Have previously been an owner of a dispensary, cultivation facility, transporter, distributor, or processor that has had a license revoked; and
(3) Be under twenty-one (21) years of age.
(d)
(2) The commission shall issue a renewal license within ten (10) days to any entity who complies with the requirements contained in this amendment, including without limitation the payment of a renewal fee.
(f)
(ii) Receive compensation for providing services allowed by this section.
(ii) Receive compensation for providing services allowed by this section.
(2) Has implemented appropriate security measures to deter and prevent unauthorized entrance into areas containing marijuana and the theft of marijuana;
(3) Conducts an initial comprehensive inventory of all marijuana and a biannual comprehensive inventory of all marijuana; and
(4) Records each transaction between the transporter, distributer, or processer and a dispensary, cultivation facility, or another processer and maintains the records for three (3) years;
(5) Has adopted procedures to ensure accurate recordkeeping.
(2) The division shall adopt rules governing:
(B) Recordkeeping requirements for transporters, distributers, and processers;
(C) Security requirements for transporters, distributers, and processers;
(D) Personnel requirements for transporters, distributers, and processers;
(E) The manufacture, processing, packaging, and dispensing of usable marijuana to qualifying patients and designated caregivers;
(F) Procedures for suspending or terminating the licenses of transporters, distributers, and processers that violate the provisions of this amendment or the rules adopted under this amendment, procedures for appealing penalties, and a schedule of penalties;
(G) Procedures for inspections and investigations of transporters, distributers, and processers;
(H) Advertising restrictions for transporters, distributers, and processers; and
(J) Any other matters necessary to the fair, impartial, stringent, and comprehensive administration of the duties of the division under this section.
§25. Registration and certification of transporter agents, distributer agents, and processor agents.
(2) Administer and enforce the provisions of this section concerning transporter agents, distributer agents, and processor agents.
(c) Except as prohibited by subdivision (d)(1) of this section, the division shall issue each transporter agent, distributer agent, and processor agent a registry identification card within ten (10) days of receipt of:
(2) A reasonable fee in an amount established by rule for the division.
(2) The division may conduct a criminal background check of each transporter agent, distributer agent, and processor agent in order to carry out this provision.
(3) The division shall notify the transporter, distributer, or processer in writing of the reason for denying the registry identification card.
(2) A registry identification card of a transporter agent, distributer agent, or processor agent expires upon notification to the division by a dispensary or cultivation facility that the person ceases to work at the transporter, distributer, or processer.
(g)
(2) The division may revoke or suspend the transporter license, distributor license, or processer license of a transporter, distributer, or processer that the division determines knowingly aided or facilitated a violation of any provision of this amendment, and the cardholder is subject to any other penalties established in law for the violation.
(2) The form and content of registration and renewal applications for transporter agents, distributor agents, and processer agents;
(3) Procedures for suspending or terminating the registration of transporter agents, distributor agents, and processer agents who violate the provisions of this section or the rules adopted under this section, procedures for appealing penalties, and a schedule of penalties; and
(4) Any other matters necessary for the fair, impartial, stringent, and comprehensive administration of the duties of the division under this section.
§26. Acts amending Arkansas Medical Marijuana Amendment of 2016.
(B) Change capitalization for the purpose of uniformity;
(C) Correct manifest typographical and grammatical errors;
(D) Correct manifest errors in references to laws and other documents;
(E) Correct manifest errors in internal reference numbers;
(F) Number, renumber, redesignate, and rearrange the provisions of this amendment at issue;
(G) Change internal reference numbers to agree with renumbered sections, subsections, subdivisions, or other provisions of law;
(H) Insert or delete hyphens in words to follow correct grammatical usage;
(I) 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;
(J) Change the form of nouns, pronouns, and verbs for purposes of style and grammar;
(K) Correct punctuation; and
(L) Change gender-specific language to gender-neutral language.
(B) In the event that one (1) or more acts amending a section of this amendment under §23 of this amendment result in an irreconcilable conflict with one (1) or more acts amending a section of this amendment enacted during the same session, the commission may, by a majority vote of the commission, revise this amendment so that the conflicting provision of the last enactment prevails.
(2) Includes the text of this amendment as amended by the revisions made under subsection (a) of this section.
AMENDMENT 99 | [VOTER IDENTIFICATION] (CONST., ART. 3, § 1, AMENDED)
AMENDMENT 100 | THE ARKANSAS CASINO GAMING AMENDMENT OF 2018
§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:(b) “Casino applicant” is defined as any individual, corporation, partnership, association, trust, or other entity applying for a license to conduct casino gaming at a casino.
(c) “Casino gaming” is defined as dealing, operating, carrying on, conducting, 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.
(d) “Casino gaming receipts” is defined as gross receipts from casino gaming.
(e) “Casino license” is defined as a license issued by the Arkansas Racing Commission to conduct casino gaming at a casino.
(f) “Casino licensee” is defined as any individual, corporation, partnership, association, trust, or other entity holding a license issued by the Arkansas Racing Commission to conduct casino gaming at a casino.
(g) “Franchise holder” is defined as any individual, corporation, partnership, association, 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 of December 31, 2017.
(h) “Intoxicating liquor” is defined as any beverage containing more than one-half of one percent of alcohol by weight.
(i) “Net casino gaming receipts” is defined as gross receipts from casino gaming less amounts paid out or reserved as winnings to casino patrons.
(j) “Net casino gaming receipts tax” is defined as a tax on net casino gaming receipts.
(k) “Wholesaler” means any person who holds a permit under any alcoholic beverage 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.
(b) Casino licensees may accept wagers on sporting events if and when not prohibited by 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.
(c) To fulfill the purposes of this Amendment, the Arkansas General Assembly shall 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.
(d) Individuals under the age of 21 are prohibited from engaging in casino gaming.
§4. Licensing of Casinos and Casino Gaming.
(b) Casino gaming under this Amendment shall not be regulated under or be subject to the provisions of the Local Option Horse Racing and Greyhound Racing Electronic Games of Skill Act, Ark. Code Ann. §23-113-101 et seq.
(c) The Arkansas Racing Commission shall adopt rules necessary to carry out the purposes of this Amendment and perform its duties under this Amendment.
(d) Rules adopted under this section are rules as defined in the Arkansas Administrative Procedures Act, Ark. Code Ann. §25-15-201 et seq.
(e) Not later than 120 days after the effective date of this Amendment, the Arkansas Racing Commission shall adopt rules governing:
(2) The manner in which the Arkansas Racing Commission considers applications for issuance of casino licenses;
(3) The renewal of casino licenses;
(4) The form and content of renewal for casino licenses;
(5) Oversight requirements for casinos and casino gaming;
(6) Recordkeeping requirements for casinos;
(7) Personnel requirements for casinos and casino gaming;
(8) Procedures for suspending or terminating casino licenses held by casino licensees that violate the provisions of this Amendment or the rules adopted under this Amendment;
(9) A schedule of penalties and procedures for appealing penalties;
(10) Procedures for inspection and investigations of casinos and casino gaming;
(11) Responsibilities of casino licensees related to conducting casino gaming;
(12) The Racing Commission shall allow licensees to transfer their casino license only to a party who has casino gaming experience.
(13) Any other matters necessary for the fair, impartial, stringent, and comprehensive administration of its duties under this Amendment.
(g) The application for casino licenses shall include without limitation the following:
(2) The legal name of the casino;
(3) The physical address of the casino;
(4) The name, address, and date of birth of each officer and owner of the casino applicant; and
(5) If the city, town, or county in which the casino would be located has enacted zoning restrictions, a sworn statement certifying that the casino will operate in compliance with the restrictions;
(2) Shall not have previously had a casino license in any state revoked;
(3) If an individual, shall not be under twenty-one years of age; and
(4) If an individual, shall not be a county judge or mayor that provides a letter of support, or a quorum court member that votes in favor of a letter of support as identified in this Amendment.
(j) The Arkansas Racing Commission shall issue a casino license, as provided in this 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:
(2) Initial laws and appropriations required by this Amendment being in full force and effect.
(l) Casino licensees are required to conduct casino gaming for as long as they have a license.
(m) The Arkansas Racing Commission shall require all casino applicants for a casino license in Pope County and Jefferson County to demonstrate experience conducting casino gaming.
(n) The Arkansas Racing Commission shall require all casino applicants for a casino license in Pope County and Jefferson County to submit either a letter of support from the county judge or a resolution from the quorum court in the county where the proposed casino is to be located 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.
(o) Franchise holders are not applicants and are not required to submit applications for casino licenses in order to be issued a casino license.
(p) No individual, corporation, partnership, association, trust, or other entity may hold more than one casino license in Arkansas.
(q) The Arkansas Racing Commission shall issue a renewal casino license within ten 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.
(r)
(2) The Arkansas Racing Commission shall work together with the Department of Human Services to implement the compulsive gambling disorder treatment programs and the compulsive gambling disorder educational programs under this section.
(3) The Arkansas Racing Commission may contract with the Department of Human Services for providing all services related to and administration of the compulsive gambling disorder treatment programs and the compulsive gambling disorder educational programs.
(4) The Department of Human Services may promulgate rules to administer the compulsive gambling disorder treatment programs and the compulsive gambling disorder educational programs.
§5. Graduated taxation and distribution of proceeds.
(2) 20% on net casino gaming receipts exceeding $150,000,001 or any part thereof;
(c) The net casino gaming receipts tax shall be distributed as follows:
(2) 17.5% to the to the Arkansas Racing Commission for deposit into the 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),
(3) 8% to the county in which the casino is located, and
(4) 19.5% to the city or town in which the casino is located, provided that the 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.
(e) On the last day of each month, the Treasurer of State shall transfer the other percentage allocations made in section (c) to the designated entities.
§6. Contribution to purses and promotion of Arkansas thoroughbred and greyhound breeding activities.
(b) For so long as a Franchise holder is operating a franchise to conduct greyhound 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:
(2) 20% for capital improvements to the Franchise holder's facility so long as any 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.
(d) With respect to a Franchise holder operating a franchise to conduct greyhound 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.
(e)
(2) The moneys dedicated to purses and breeding activities as set forth in this section are 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.
§7. Other operational provisions.
(b) Casino licensees shall be permitted to sell intoxicating liquor or provide 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.
(b) This Amendment does not amend, repeal, or otherwise affect Amendment 84 (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.AMENDMENT 101 | [TRANSPORTATION SALES TAX CONTINUATION]
§1. Intent of amendment.
(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.
§2. Excise tax.
(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.
(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 Arkansas compensating taxes.
§3. Disposition of revenue.
(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.
(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.
AMENDMENT 102 | ARKANSAS TERM LIMITS AMENDMENT (CONST. AMEND. 73, § 2, AMENDED)
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