CONSTITUTION OF THE STATE OF ARKANSAS OF 1874 part 2

Amend. 30. 
 City Libraries. 
Section: 
 1. Petition for tax levy - Election. 
 2. Result of election - Certification and proclamation - Taxlevy. 
 3. Raising, reducing or abolishing tax - Petition andelection. 
 4. Co-ordination of city with county library. 
 5. Petition for tax levy - Election. 
1. Petition for tax levy - Election. 
Whenever 100 or more taxpaying electors of any city, having apopulation of not less than 5,000, shall file a petition with the Mayorasking that an annual tax on real and personal property be levied forthe purpose of maintaining and operating a public city library andshall specify a rate of taxation not to exceed five mills on thedollar, the question as to whether such tax shall be levied shall besubmitted to the qualified electors of such city at a general orspecial election. Such petition must be filed at least thirty daysprior to the election at which it will be submitted to the voters. Theballot shall be in substantially the following form: 
For a ________ mill tax on real and personal property to be used formaintenance and operation of a public city library. 
Against a ________ mill tax on real and personal property to be usedfor maintenance and operation of a public city library. [As amended byConst. Amend. 72, § 1.] 
2. Result of election - Certification and proclamation - Tax levy. 
The Election Commissioners shall certify to the Mayor the result of thevote, and if a majority of the qualified electors voting on thequestion at such election vote in favor of the specified tax, then itshall thereafter be continually levied and collected as other generaltaxes of such city are levied and collected. The result of the electionshall be proclaimed by the Mayor. The result so proclaimed shall beconclusive unless attacked in the courts within thirty days. Theproceeds of any tax voted for the maintenance of a city public libraryshall be segregated by the city officials and used only for thatpurpose. 
3. Raising, reducing or abolishing tax - Petition and election. 
Whenever 100 or more taxpaying electors of any city having a librarytax in force shall file a petition with the Mayor asking that such taxbe raised, reduced or abolished, the question shall be submitted to thequalified electors at a general or special election. Such petition mustbe filed at least thirty days prior to the election at which it will besubmitted to the voters. The ballot shall follow, as far aspracticable, the form set forth in Section 1 hereof. The result shallbe certified and proclaimed, as provided in Section 2 hereof, and theresult as proclaimed shall be conclusive unless attacked in the courtswithin 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 thequestion of such election. If lowered or raised, the revised tax shallthereafter be continually levied and collected and the proceeds used inthe manner and for the purposes as provided in Section 2 hereof. [Asamended by Const. Amend. 72, § 2.] 
4. Co-ordination of city with county library. 
Nothing herein shall be construed as preventing a co-ordination of theservices of a city public library and a county public library. 
5. Petition for tax levy - Election. 
(a)Whenever 100 or more taxpaying electors of any city, having apopulation of not less than 5,000, shall file a petition with the Mayorasking that an annual tax on real and personal property be levied forcapital improvements to or construction of a public city library andshall specify a rate of taxation not to exceed three mills on thedollar, the question as to whether such tax shall be levied shall besubmitted to the qualified electors of such city at a general orspecial election. Such petition must be filed at least thirty daysprior to the election at which it will be submitted to the voters. Theballot shall be in substantially the following form: 
 For amill tax on real and personal property to be used forcapital improvements to or construction of a public city library.Against a mill tax on real and personal property to be used for capitalimprovements to or construction of a public city library. 
 (b)The electors may authorize the governing body of the cityto issue bonds as prescribed by law for capital improvements to orconstruction of the library and to authorize the pledge of all, or anypart of, the tax authorized by this section for the purpose of retiringthe bonds. The ballot submitting the question to the voters shall be insubstantially the following form:For a mill tax on real and personalproperty within the city, to be pledged to an issue or issues of bondsnot to exceed $ , in aggregate principal amount, to finance capitalimprovements to or construction of the city library and to authorizethe issuance of the bonds on such terms and conditions as shall beapproved by the city. Against amill tax on real and personal propertywithin the city, to be pledged to an issue or issues of bonds not toexceed $ , in aggregate principal amount, to finance capitalimprovements to or construction of the city library and to authorizethe issuance of the bonds on such terms and conditions as they shall beapproved by the city. 
 (c)The maximum rate of any special tax to pay bondedindebtedness, as authorized by paragraph (b) hereof shall be stated onthe ballot. 
(d)The special tax for payment of bonded indebtedness authorized inparagraph (b) hereof shall constitute a special fund pledged assecurity for the payment of such indebtedness. The special tax shallnever be extended for any purpose, nor collected for any greater lengthof time than necessary to retire such bonded indebtedness, except thattax receipts in excess of the amount required to retire the debtaccording to its terms may, subject to covenants entered into with theholders of the bonds, be pledged as security for the issuance ofadditional bonds if authorized by the voters. The tax for suchadditional bonds shall terminate within the time provided for the taxoriginally imposed. Upon retirement of the bonded indebtedness, anysurplus tax collections, which may have accumulated shall betransferred to the general funds of the city, and shall be used formaintenance and operation of the public city library. 
(e)Notwithstanding any other provision of this amendment, a taxapproved by the voters for the purpose of paying the bondedindebtedness shall not be reduced or diminished, nor shall it be usedfor 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 thebonded indebtedness shall remain outstanding and unpaid. [Added byConst. Amend. 72, § 3; amended by Const. Amend. 89.] 
Annotations 
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Amend. 31. 
Police and Firefighters' Retirement Salaries and Pensions. 
Section: 
 1. Election on question - Tax levy. 
1. Election on question - Tax levy. 
After consent of the majority of those voting on the question at anygeneral or special election in cities of the first or second class, thecities may annually thereafter, levy a tax on the assessed value ofreal and personal property, not to exceed two mills on the dollar, fromwhich there shall be created a Fund to pay Retirement Salaries andpensions to policemen and firemen theretofore or thereafter earned, andpensions to the widows and minor children of such, as may be providedby law. The annual levy for the Policeman's Retirement Salary andPension Fund shall not exceed one mill on the dollar, and the annuallevy for the Fireman's Retirement Salary and Pension Funds, shall notexceed one mill on the dollar. The manner of such levy of the tax, andthe eligibility for the retirement salaries and pensions, the severalamounts thereof and when payable, shall be such as may be provided bylaw. 
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Amend. 32. 
County or City Hospitals. 
Section: 
 1. Petition for tax levy - Election. 
 2. Result of election - Certification and proclamation - Taxlevy. 
 3. Raising, reducing or abolishing tax - Petition andelection. 
 4. Amendment self executing. 
1. Petition for tax levy - Election. 
Whenever in any county where there is located a public hospital ownedby such county or by any municipal corporation therein, whether suchhospital be operated by such county or municipal corporation or by abenevolent association as the agent or lessee of such county ormunicipal corporation, one hundred or more electors of such countyshall file a petition with the county judge asking that an annual taxon real and personal property in such county be levied for the purposeof maintaining, operating and supporting such hospital and shallspecify a rate of taxation not exceeding one mill on the dollar of theassessed value of real and personal property in the county. Thequestion as to whether such tax shall be levied shall be submitted tothe qualified electors of such county at a general election. Suchpetition must be filed at least thirty days prior to the election atwhich it will be submitted to the voters. The county judge upon thefiling of such petition shall notify the county board of electioncommissioners thereof and the county board of election commissionersshall cause the question to be placed upon the ballots in substantiallythe following form: 
For a ____________ mill tax on real and personal property to be usedfor maintenance, operation and support of a public hospital. 
Against a ____________ mill tax on real and personal property to beused 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 resultof the vote and if a majority of the qualified electors voting on thequestion at such election vote in favor of the specified tax then itshall thereafter be continually levied and collected as other generaltaxes of such county are levied and collected. The result of theelection shall be proclaimed by the county judge by publication for oneinsertion in some newspaper published and having a bona fidecirculation in such county. The result so proclaimed shall beconclusive unless attacked in the courts within thirty days and afterthe election it shall not be competent to attack the result thereof onthe ground that any signers of the petition were not qualifiedelectors. The proceeds of any tax so voted shall upon the settlement ofthe collecting officer be paid by the treasurer of the county to thetreasurer of such hospital to be used by such treasurer in themaintenance, operation and support of such institution; provided thatany county where there may be more than one hospital qualified toreceive the proceeds of such tax, the quorum court at its meeting forthe purpose of adopting the county's budget, shall provide for theapportionment of the proceeds of said tax between the institutions soqualified 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 hospitaltax in force shall file a petition with the county judge asking thatsuch tax be raised, reduced or abolished, the question shall besubmitted to the qualified electors at a general election. Suchpetition must be filed at least thirty days prior to the election atwhich it will be submitted to the voters. The ballots shall follow, asfar as practicable, the form set out in Section 1 hereof, and theresult shall be certified and proclaimed as provided in Section 2hereof and shall be conclusive in like manner. The tax shall belowered, raised or abolished as the case may be, according to themajority of qualified electors voting on the question at such election,provided, however, that it shall not be raised to more than one mill onthe dollar. If lowered or raised the revised tax shall thereafter becontinually levied and collected and the proceeds used in the mannerand for the purposes provided in Section 2 hereof. 
4. Amendment self executing. 
This amendment shall be self executing and shall become a part of theconstitution of the State of Arkansas when approved by a majority ofthe electors voting thereon at the next general election. 
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Amend. 33. 
Boards and Commissions Governing State Institutions. 
Section: 
 1. Term of office of members. 
 2. Abolition or transfer of powers of board or commission -Restrictions. 
 3. Increase or decrease of members of board or commissionprohibited. 
 4. Removal of member - Procedure - Appeal. 
 5. Vacancy - Filling. 
1. Term of office of members. 
The term of office of members of the boards or commissions charged withthe management or control of all charitable, penal or correctionalinstitutions and institutions of higher learning of the State ofArkansas, now in existence or hereafter created, shall be five yearswhen the membership is five in number, seven years when the membershipis seven in number, and ten years when the membership is ten in number.Such terms of office shall be arranged by the General Assembly toprovide a membership with one term of office expiring every year fromthe effective date of this amendment. The unexpired terms of membersserving 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 orcommission be transferred, unless the institution is abolished orconsolidated with some other State institution. In the event ofabolition or consolidation, the new board or commission shall consistof 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 shallnot be increased or decreased in number after the effective date ofthis amendment nor shall the number of members of any such board orcommission created after this amendment is in operation be increased ordecreased subsequent to its creation. 
4. Removal of member - Procedure - Appeal. 
The Governor shall have the power to remove any member of such boardsor commissions before the expiration of his term for cause only, afternotice and hearing. Such removal shall become effective only whenapproved in writing by a majority of the total number of the board orcommission, but without the right to vote by the member removed or byhis successor, which action shall be filed with the Secretary of Statetogether with a complete record of the proceedings at the hearing. Anappeal may be taken to the Pulaski Circuit Court by the Governor or themember ordered removed, and the same shall be tried de novo on therecord. An appeal may be taken from the circuit court to the ArkansasSupreme Court, which shall likewise be tried de novo. 
5. Vacancy - Filling. 
Any vacancy arising in the membership of such board or commission forany reason other than the expiration of the regular term for which themember was appointed shall be filled by appointment by the Governor,subject to approval by a majority of the remaining members of the boardor commission, and to be thereafter effective until the expiration ofsuch regular term. 

 Amend. 34. 
Rights of Labor. 
Section: 
 1. Discrimination for or against union labor prohibited. 
 2. Enforcement of amendment - Legislation authorized. 
1. Discrimination for or against union labor prohibited. 
No person shall be denied employment because of membership in oraffiliation with or resignation from a labor union, or because ofrefusal to join or affiliate with a labor union; nor shall anycorporation or individual or association of any kind enter into anycontract, written or oral, to exclude from employment members of alabor union or persons who refuse to join a labor union, or because ofresignation from a labor union; nor shall any person against his willbe compelled to pay dues to any labor organization as a prerequisite toor condition of employment. 
2. Enforcement of amendment - Legislation authorized. The GeneralAssembly shall have power to enforce this article by appropriatelegislation. 
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 Amend. 35. 
Wild Life - Conservation - Arkansas State Game and Fish Commission. 
Section: 
 1. Commission created - Members - Powers. 
 2. Qualifications and appointment of members - Terms ofoffice of first commission. 
 3. Term of office of members. 
 4. Oath of office - Members serve without compensation -Expenses - Payment. 
 5. Removal of members - Hearing - Review and appeal. 
 6. Vacancies - Filling - Chairman of commission. 
 7. Executive secretary and other personnel - Selection -Salaries and expenditures. 
 8. Nepotism prohibited - Powers of arrest - Funds - Use -Purposes - Game Protection Fund -Audit of accounts - Resident huntingand fishing licenses - Powers of commission. 
1. Commission created - Members - Powers. 
The control, management, restoration, conservation and regulation ofbirds, fish, game and wildlife resources of the State, includinghatcheries, sanctuaries, refuges, reservations and all property nowowned, or used for said purposes and the acquisition and establishmentof same, the administration of the laws now and/or hereafter pertainingthereto, shall be vested in a Commission to be known as the ArkansasState Game and Fish Commission, to consist of eight members. Seven ofwhom shall be active and one an associate member who shall be the Headof the Department of Zoology at the University of Arkansas, withoutvoting power. 
2. Qualifications and appointment of members - Terms of office of firstcommission. Commissioners shall have knowledge of and interest inwildlife conservation. All shall be appointed by the Governor. Thefirst members of the Commission shall be appointed by the Governor forterms as follows: One for one year, one for two years, one for threeyears, one for four years, one for five years, one for six years, andone for seven years. Each Congressional District must be represented onthe Commission. 
3. Term of office of members. 
Upon the expiration of the foregoing terms of the said Commission, asuccessor shall be appointed by the Governor for a term of seven years,which term of seven years shall thereafter be for each member of theCommission. No Commissioner can serve more than one term and none cansucceed himself. 
4. Oath of office - Members serve without compensation - Expenses -Payment. 
Each Commissioner shall take the regular oath of office provided in theConstitution and serve without compensation other than actual expenseswhile 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 causesas apply to other Constitutional Officers, after a hearing which may bereviewed by the Chancery Court for the First District with right ofappeal therefrom to the Supreme Court, such review and appeal to bewithout presumption in favor of any finding by the Governor or thetrial court. 
6. Vacancies - Filling - Chairman of commission. 
Vacancies on the Commission due to resignation or death shall be filledby appointment of the Governor for the unexpired term within thirtydays from date of such vacancy; upon failure of the Governor to fillthe vacancy within thirty days, the remaining Commissioners shall makethe appointment for the unexpired term. A chairman shall be electedannually from the seven members of the Commission to serve one year. 
7. Executive secretary and other personnel - Selection - Salaries andexpenditures. 
The Commission shall elect an Executive Secretary, whose salary shallnot exceed that of limitations placed on other constitutionaldepartments; and other executive officers, supervisor, personnel,office assistants, wardens, game refuge keepers, and hatcheryemployees, whose salaries and expenditures must be submitted to theLegislature and approved by an Act covering specific items in thebiennial appropriation as covered by Article XVI Section 4 of theConstitution.8. Nepotism prohibited - Powers of arrest - Funds - Use -Purposes - Game Protection Fund - Audit of accounts - Resident huntingand fishing licenses - Powers of commission. 
No person shall be employed by the Commission who shall be related toany of the Commissioners or any other State officers within the thirddegree of relationship by blood or marriage. All employed personnel maymake arrests for violation of the game and fish laws. The fees, monies,or funds arising from all sources by the operation and transaction ofthe said Commission and from the application and administration of thelaws and regulations pertaining to birds, game, fish and wildliferesources of the State and the sale of property used for said purposesshall be expended by the Commission for the control, management,restoration, conservation and regulation of the birds, fish andwildlife resources of the State, including the purchases or otheracquisitions of property for said purposes and for the administrationof the laws pertaining thereto and for no other purposes. All moniesshall be deposited in the Game Protection Fund with the State Treasurerand such monies as are necessary, including an emergency fund, shall beappropriated by the Legislature at each legislative session for the useof the Game and Fish Commission as hereto set forth. No monies otherthan those credited to the Game Protection Fund can be appropriated. 
All money to the credit of or that should be credited to the presentGame Protection Fund shall be credited to the new Game Protection Fundand any appropriation made by the Legislature out of the GameProtection Fund shall be construed to be for the use of the newCommission and out of the new Game Protection Fund. 
The books, accounts and financial affairs of the Commission shall beaudited 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 thisamount unless a higher license fee is authorized by an Act ofLegislature. The Commission shall have the exclusive power andauthority to issue licenses and permits, to regulate bag limits and themanner of taking game and fish and furbearing animals, and shall havethe authority to divide the State into zones, and regulate seasons andmanner of taking game, and fish and furbearing animals therein, and fixpenalties for violations. No rule or regulations shall apply to lessthan 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 orconvenient for the use of the Commission in the exercise of any of itsduties, and in the event the right of eminent domain is exercised, itshall be exercised in the same manner as now or hereafter provided forthe exercise of eminent domain by the State Highway Commission. Alllaws now in effect shall continue in force until changed by theCommission. All contracts and agreements now in effect shall remain inforce until the date of their expiration. 
This amendment shall not repeal, alter or modify the provisions of anyexisting special laws under the terms of which a County Game Commissionhas been created: The Commission shall be empowered to spend suchmonies as are necessary to match Federal grants under thePittman-Robertson or similar acts for the propagation, conservation andrestoration of game and fish. 
This amendment shall become effective July 1, 1945. 
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Amend. 36. 
Poll Tax Exemption. 
Members of the armed forces of United States. 
Any citizen of Arkansas, while serving in the armed forces of theUnited States, may vote in any election, without having paid a polltax, if otherwise qualified to vote in any such election. 
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Amend. 37. 
[Repealed.] 
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Amend. 38. 
County Libraries. 
Section: 
 1. Petition for tax levy - Election. 
 2. Result of election - Certification - Record - Tax levy -Funds - Disbursement. 
 3. Raising, reducing or abolishing tax - Petition andelection. 
 4. Co-ordination of county with city library. 
 5. Petition for tax levy - Election. 
1. Petition for tax levy - Election. 
Whenever 100 or more taxpaying electors of any county shall file apetition in the County Court asking that an annual tax on real andpersonal property be levied for the purpose of maintaining andoperating a public county library or a county library service or systemand shall specify a rate of taxation not to exceed five mills on thedollar, the question as to whether said tax shall be levied shall besubmitted to the qualified electors of such county at a general orspecial election. Such petition must be filed at least thirty daysprior to the election at which it will be submitted to the voters. Theballot shall be in substantially the following form: 
FOR a ______ mill tax on real and personal property to be used formaintenance and operation of a public county library or county libraryservice or system. 
AGAINST a ______ mill tax on real and personal property to be used formaintenance and operation of a public county library or county libraryservice or system.[As amended by Const. Amend. 72, § 4.] 
2. Result of election - Certification - Record - Tax levy - Funds -Disbursement. 
The election commissioners shall certify to the County Judge the resultof the vote. The County Judge shall cause the result of the election tobe entered of record in the County Court. The result so entered shallbe conclusive unless attacked in the courts within thirty days. If amajority of the qualified electors voting on the question at suchelection vote in favor of the specified tax, then it shall thereafterbe continually levied and collected as other general taxes of suchcounty are levied and collected; provided, however, that such tax shallnot be levied against any real or personal property which is taxed forthe maintenance of a city library, pursuant to the provisions ofAmendment No. 30; and no voter residing within such city shall beentitled to vote on the question as to whether county tax shall belevied. The proceeds of any tax voted for the maintenance of a countypublic library or county library service or system shall be segregatedby the county officials and used only for that purpose. Such fundsshall be held in the custody of the County Treasurer. No claim againstsaid funds shall be approved by the County Court unless first approvedby the County Library Board, if there is a county Library Boardfunctioning under Act 244 of 1927 [§§ 17-1001 - 17-1011], or similarlegislation. 
3. Raising, reducing or abolishing tax - Petition and election. 
Whenever 100 or more taxpaying electors of any county having librarytax in force shall file a petition in the County Court asking that suchtax be raised, reduced or abolished, the question shall be submitted tothe qualified electors at a general or special election. Such petitionmust be filed at least thirty days prior to the election at which itwill be submitted to the voters. The ballot shall follow, as far aspracticable, the form set forth in Section 1 hereof. The result shallbe certified and entered of record as provided in Section 2 hereof, andthe result as entered of record shall be conclusive unless attacked inthe courts within thirty days. Subject to the limitations of Section5(e) hereof, the tax shall be lowered, raised or abolished, as the casemay be, according to the majority of qualified electors voting on thequestion at such election. If lowered or raised, the revised tax shallthereafter be continually levied and collected and proceeds used in themanner and for the purposes as provided in Section 2 hereof. [Asamended by Const. Amend. 72, § 5.] 
4. Co-ordination of county with city library. 
Nothing herein shall be construed as preventing the co-ordination ofthe services of a city public library and county public library, or theco-ordination of the services of libraries of different counties. 
5. Petition for tax levy - Election. 
(a)Whenever 100 or more taxpaying electors of any county shall file apetition in the County Court asking that an annual tax on real andpersonal property be levied for the purpose of capital improvements toor construction of a public county library or a county library serviceor system and shall specify a rate of taxation not to exceed threemills on the dollar, the question as to whether said tax shall belevied shall be submitted to the qualified electors of such county at ageneral or special election. Such petition must be filed at leastthirty days prior to the election at which it will be submitted to thevoters. The ballot shall be in substantially the following form: 
 FOR amill tax on real and personal property to be used forcapital improvements to or construction of a public county library orcounty library service or system. 
 AGAINST amill tax on real and personal property to be usedfor capital improvements to or construction of a public county libraryor county library service or system. 
(b)The voters may authorize the County Court to issue bonds asprescribed by law for capital improvements to or construction of thelibrary and to authorize the pledge of all, or any part of, the taxauthorized in Section 1 of this Amendment for the purpose of retiringthe bonds. The ballot submitting the question to the voters shall be insubstantially the following form:For amill tax on real and personalproperty within the county, to be pledged to an issue or issues ofbonds not to exceed $ , in aggregate principal amount, to financecapital improvements to or construction of the county library or countylibrary service or system, and to authorize the issuance of the bondson such terms and conditions as shall be approved by the County Court.Against amill tax on real and personal property within the county, tobe pledged to an issue or issues of bonds not to exceed $ , inaggregate principal amount, to finance capital improvements to orconstruction of the county library or county library service or system,and to authorize the issuance of the bonds on such terms and conditionsas shall be approved by the County Court. 
(c)The maximum rate of any special tax to pay bonded indebtedness, asauthorized by paragraph (b) hereof shall be stated on the ballot. 
(d)The special tax for payment of bonded indebtedness authorized inparagraph (b) hereof shall constitute a special fund pledged assecurity for the payment of such indebtedness. The special tax shallnever be extended for any purpose, nor collected for any greater lengthof time than necessary to retire such bonded indebtedness, except thattax receipts in excess of the amount required to retire the debtaccording to its terms may, subject to covenants entered into with theholders of the bonds, be pledged as security for the issuance ofadditional bonds if authorized by the voters. The tax for suchadditional bonds shall terminate within the time provided for the taxoriginally imposed. Upon retirement of the bonded indebtedness, anysurplus tax collections, which may have accumulated, shall betransferred to the general funds of the county, and shall be used formaintenance of the county library or county library service or system. 
(e)Notwithstanding any other provision of this Amendment, a taxapproved by the voters for the purpose of paying the bondedindebtedness shall not be reduced or diminished, nor shall it be usedfor 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 thebonded indebtedness shall remain outstanding and unpaid. [Added byConst. Amend. 72, § 6; amended by Const. Amend. 89.]




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 Amend. 39. 
Voter Registration Laws. 
Section: 
 1. Authority to enact registration law. 
1. Authority to enact registration law. 
The General Assembly shall have power to enact laws providing for aregistration of voters prior to any general, special, or primaryelection, and to require that the right to vote at any such electionshall depend upon such previous registration. 
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 Amend. 40. 
School District Tax (Const., Art. 14, § 3, As Amended By Const. Amend.11, 
 Amended). 
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 Amend. 41. 
Election of County Clerks. 
Election of county clerk. 
The provisions for the election of a County Clerk upon a populationbasis are hereby abolished and there may be elected a County Clerk inlike manner as a Circuit Clerk, and in such cases, the County Clerk maybe ex officio Clerk of the Probate Court of such county until otherwiseprovided by the General Assembly. 

 Amend. 42. 
State Highway Commission. 
Section: 
 1. Commission created - Members - Powers. 
 2. Qualifications and appointment of members - Terms ofoffice of first commission. 
 3. Terms of office of members. 
 4. Removal of members - Hearing - Review and appeal. 
 5. Vacancies - Filling. 
 6. Director of Highways. 
1. Commission created - Members - Powers. 
There is hereby created a State Highway Commission which shall bevested with all the powers and duties now or hereafter imposed by lawfor the administration of the State Highway Department, together withall powers necessary or proper to enable the Commission or any of itsofficers or employees to carry out fully and effectively theregulations and laws relating to the State Highway Department. 
2. Qualifications and appointment of members - Terms of office of firstcommission. 
Within ten days after the convening of the General Assembly of theState of Arkansas in the year 1953, the Governor, by and with theadvice and consent of the Senate, shall appoint five persons who arequalified electors of the State to constitute the State HighwayCommission for terms of two, four, six, eight and ten yearsrespectively. The terms of the persons so appointed shall be determinedby lot. The Commissioners to be appointed from the State at large;provided, however, that no two Commissioners shall be appointed fromany single Congressional District. In the event of rejection by theSenate of a person whose name has been so submitted, the Governor shallwithin five days after receipt of written notice from the Secretary ofthe Senate of such rejection submit the name of another appointee tofill such vacancy. In the event the Governor should within five daysthereafter fail to appoint or fail to submit to the Senate forconfirmation the name of any person to be appointed, the Senate shallproceed to make the appointment of its own choice. 
3. Terms of office of members. 
Upon the expiration of the foregoing terms of said Commissioners, asuccessor shall be appointed by the Governor in the manner provided forin Section 2 for a term of ten years, which term shall thereafter befor 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 causesas apply to other constitutional officers after a hearing which may bereviewed by the Chancery Court for the First District with right ofappeal therefrom to the Supreme Court, such review and appeal to bewithout presumption in favor of any finding by the Governor or thetrial court, and provided further, in addition to the right ofconfirmation hereinabove reserved to the Senate, the Senate may uponthe written request of at least Five (5) of its members that a memberor members of the Commission should be removed therefrom, proceed, whenin session, to hear any and all evidence pertinent to the reasons forremoval. The member or members whose removal is so requested shall beentitled to be heard in the matter and to be represented before theSenate by legal Counsel. These proceedings conducted by the Senateshall be public and a transcript of the testimony so heard shall beprepared and preserved in the journal of the Senate. The taking ofevidence either orally or by deposition shall not be bound by theformal rules of evidence. Upon the conclusion of the hearing, theSenate, sitting as a body in executive session, may remove said memberor members of the Commission by a majority vote conducted by secretballot. 
5. Vacancies - Filling. 
Vacancies on the Commission due to resignations, death or removal shallbe filled by appointment of the Governor for the unexpired term withinthirty days from the date of such vacancy. Upon failure of the Governorto fill the vacancy within thirty days, the remaining Commissionersshall make the appointment for the unexpired term. 
6. Director of Highways. 
The Commission shall appoint a Director of Highways who shall have suchduties as may be prescribed by the Commission or by statute. 
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Amend. 43. 
Salaries and Expenses of Judicial Officers. 
Salaries and expenses of judges. 
The General Assembly shall by law determine the amount and method ofpayment of salaries and expenses of the judges of the Supreme Court,Circuit Courts, Chancery Courts, and Municipal Courts of Arkansas;provided such salaries and expenses may be increased but not diminishedduring the term for which such judges are elected; provided furtherthat the salaries of Circuit and Chancery Judges shall be uniformthroughout the state. 

Amend. 44. 
[Repealed.] 
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Amend. 45. 
Apportionment (Const., Art. 8, As Amended By Const. Amend. 23,Amended). 
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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 HotSprings, Garland County, 
Arkansas, and shall be regulated by the General Assembly. 
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Amend. 47. 
 State Ad Valorem Tax Prohibition. 
State ad valorem tax prohibited. 
No ad-valorem tax shall be levied upon property by the State. 
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Amend. 48. 
[Repealed.] 
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Amend. 49. 
[Repealed.] 

Amend. 50. 
Elections Conducted by Ballot or Voting Machine (Const., Art. 3, § 3, 
 Repealed and New Sections Added). 
Section: 
 1. Repeal of Article III, Section 3. 
 2. Elections by ballot or voting machines authorized. 
 3. [Repealed.] 
 4. Voting machines. 
1. Repeal of Article III, Section 3. 
Article III, Section 3, of the Constitution of the State of Arkansas ishereby 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 machineswhich insure the secrecy of individual votes. 
3. [Repealed.] 
4. Voting machines. 
Voting machines may be used to such extent and under such rules as maybe prescribed by the General Assembly. 
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Amend. 51. 
Voter Registration. 
Section: 
 1. Statement of policy. 
 2. Definitions. 
 3. Application. 
 4. Permanent registration. 
 5. Duties of registration officials. 
 6. Voter registration application forms. 
 7. Registration record files. 
 8. Voter registration application records and reports. 
 9. Application to register. 
 10. Transfer and change of status. 
 11. Cancellation of registration. 
 12. Loss or destruction of voter registration records. 
 13. Fail-safe voting. 
 14. Voter registration lists. 
 15. Penalties. 
 16. Severability. 
 17. Effect on other laws. 
 18. Appropriations. 
 19. Amendment. 
 20. Short title. 
1. Statement of policy. 
The purpose of this amendment is to establish a system of permanentpersonal registration as a means of determining that all who castballots in general, special and primary elections in this State arelegally qualified to vote in such elections, in accordance with theConstitution of Arkansas and the Constitution of the United States. 
2. Definitions. 
As used in this amendment, the terms: 
(a)'County Board of Registration' means the County Board of ElectionCommissioners in each of the several counties of this State. 
(b)'Permanent Registrar' means the County Clerk in each of the severalcounties of this State. 
(c)'Deputy Registrar' means the Deputy County Clerk or clericalassistants appointed by the County Clerk. 
(d)'Election' means any general, special or primary election heldpursuant to any provisions of the Constitution or statutes of the Stateof Arkansas; provided, that this amendment shall not apply to selectionof delegates to party conventions by party committees or to selectionof party committeemen by party conventions. 
3. Application. 
No person shall vote or be permitted to vote in any election unlessregistered 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 suchregistration is cancelled or subject to cancellation in a mannerprovided for by this amendment. 
5. Duties of registration officials. 
(a)Voter registration agencies shall distribute mail voter registrationapplications, provide assistance to applicants in completing voterregistration application forms, unless the applicant refusesassistance, and accept completed voter registration application formsfor transmittal to the appropriate permanent registrar via theSecretary of State. Voter registration agencies include the following: 
(1)The Office of Driver Services of the Revenue Division of theDepartment of Finance and Administration and all State Revenue Offices;
(2)Public assistance agencies, which shall mean those agencies thatprovide services under the Food Stamps, Medicaid, Aid to Families withDependent Children (AFDC), and the Special Supplemental Food Programfor Women, Infants and Children (WIC) programs; 
(3)Disabilities agencies, which shall mean agencies that offerstate-funded programs primarily engaged in providing services topersons with disabilities; 
(4)Public libraries; and 
(5)The Arkansas National Guard. 
(b)(1)The Secretary of State is designated as the chief electionofficial. The Secretary shall prepare and distribute the pre-addressedpostcard mail voter registration application forms described in 51-6[section 6] of this amendment. Mail registration application formsshall serve for purposes of initial applications to register and shallalso serve for changes of name, address, or party affiliation.Bilingual (Spanish/English) forms, braille forms, and large print formsshall be available upon request. The Secretary of State shall make thestate mail voter registration application form available fordistribution through governmental and private entities with particularemphasis on making them available for organized voter registrationprograms. Any person may distribute state registration cards. Allregistration cards shall be distributed to the public without charge. 
(2)The Office of Driver Services and State Revenue Offices shallprovide voter registration opportunities to those obtaining or renewingdrivers licenses, personal identification cards, duplicate or correctedlicenses or cards, or changing address or name whether in person or bymail. The Office of Driver Services and State Revenue Offices shall usea computer process, which combines the drivers license and voterregistration applications, minimizing duplicative information, andshall have available the federal or state mail voter registrationapplication form, which may be used upon request or when the computerprocess is not available. If a person declines to apply to register tovote, the Office of Driver Services or State Revenue Office shallretain the record of declination for two (2) years. 
(3)All public assistance agencies shall provide a federal or state mailvoter registration application form with each application forassistance, and with each recertification, renewal or change of addressor name relating to such assistance. Public assistance agencies shallprovide voter registration application forms as part of the intakeprocess, or as a combined computer process when a computer process isavailable. Public assistance agencies shall use a process or form thatcombines the application for assistance with the voter registrationapplication when available. Public assistance agencies shall alsoprovide declination forms as described in 51-6 [section 6] of thisamendment, which shall be retained for two (2) years if an applicantdeclines to apply to register to vote. 
(4)All disabilities agencies shall provide a federal or state mailvoter registration application form with each application for servicesand with each recertification, renewal or change of address or namerelating to such services. Disabilities agencies shall provide voterregistration application forms as part of the intake process, or as acombined computer process when a computer process is available.Disabilities agencies may use a form that combines the application forservices or assistance with the voter registration application whenavailable. If the disabilities agency provides services in a person'shome, then the agency shall also provide voter registration services atthe person's home. Disabilities agencies shall also provide declinationforms as described in 51-6 [section 6] of this amendment, which shallbe retained for two (2) years if an applicant declines to apply toregister to vote. 
(c)(1)Employees of the Office of Driver Services and State RevenueOffices shall provide appropriate nonpartisan voter registrationassistance and provide all applicants with a receipt containing theapplicant's name and the date of the submission. 
(2)Public assistance agencies and disabilities agencies shall trainagency employees to provide the same degree of assistance in completingvoter registration forms as is provided with regard to the completionof agency forms, unless the applicant refuses such assistance. 
(3)Each revenue office, public assistance agency and disabilitiesagency shall provide ongoing training for employees who will beassisting persons with voter registration applications and shallinclude information regarding training procedures in the report filedwith the Secretary of State pursuant to § 51-8(d) [section 8(d)] ofthis amendment. 
(4)A person who provides voter registration assistance through anyvoter registration agency shall not: 
(A)Seek to influence an applicant's political preference or partyregistration; 
(B)Display any such political preference or party allegiance; 
(C)Make any statement to an applicant or take any action to the purposeor effect of discouraging the applicant from registering to vote; 
(D)Make any statement to an applicant or take any action to the purposeor effect of leading the applicant to believe that a decision toregister or not to register has any bearing on the availability ofservices or benefits; or 
(E)Disclose any applicant's voter registration information, except asnecessary for the administration of voter registration. 
(d)The Permanent Registrar shall provide office and clerical facilitiesand may employ such clerical assistants which he may deem necessary tofulfill the duties imposed by this amendment; provided, that allclerical assistants so employed shall have the qualifications requiredby law of eligible voters and shall be selected on the basis ofcompetence and without reference to political affiliation. 
(e)The State Board of Election Commissioners is authorized and, as soonas is possible after the effective date of this amendment, directed toprescribe, adopt, publish and distribute: 
(1)such Rules and Regulations supplementary to this amendment andconsistent with this amendment and other laws of Arkansas as arenecessary to secure uniform and efficient procedures in theadministration of this amendment throughout the State; 
(2)a Manual of instruction for the information, guidance and directionof election officials within the state; and 
(3)detailed specifications of the registration record files, the voterregistration application forms and other registration forms, includingvoter registration list maintenance forms, all of which shall beconsistent with this amendment and uniform throughout the State. [Asamended by Acts 1995, No. 599, § 1; 1995, No. 947, § 1; 1995, No. 964,§ 1.] 
6. Voter registration application forms. 
(a)(1)The mail voter registration application form may only requireidentifying information, including signature or mark, and otherinformation, including data relating to previous registration by theapplicant, as is necessary to assess the applicant's eligibility and toadminister voter registration and other parts of the election process. 
(2)Such forms shall include, in identical print, statements that: 
(A)Specify voter eligibility requirements; 
(B)Contain an attestation that the applicant meets all votereligibility requirements; 
(C)Specify the penalties provided by law for submission of a falsevoter registration application; 
(D)Inform applicants that where they register to vote will be keptconfidential; and 
(E)Inform applicants that declining to register will also be keptconfidential. 
(3)The following information will be required of the applicant: 
(A)Full name; 
(B)Mailing address; 
(C)Residence address and any other information necessary to identifythe 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 applicantmeets 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, theapplicant's driver's license number; 
(I) If the applicant does not have a current and valid driver'slicense, the last four (4) digits of the applicant's social securitynumber; and 
(J) If the applicant does not have a current and valid driver's licensenumber or social security number, the Secretary of State will assignthe applicant a number which will serve to identify the applicant forvoter registration purposes, and this number shall be placed on theapplication. 
(4)The following information may be requested on the registration card,but it shall not be required: 
(A)Telephone number where the applicant may be contacted; and 
(B)Political party with which the applicant wishes to be affiliated, ifany. 
(5)The mail voter registration application shall not include anyrequirement for notarization or other formal authentication. 
(6)The mail voter registration application form shall include thefollowing questions along with boxes for the applicant to check 'yes'or 'no' in response: 
(A)'Are you a citizen of the United States of America and an Arkansasresident?'; 
(B)'Will you be eighteen (18) years of age on or before election day?';
(C)'Are you presently adjudged mentally incompetent by a court ofcompetent jurisdiction?'; 
(D)'Have you ever pleaded guilty or nolo contendere to, or found guiltyof a felony without your sentence having been discharged or pardoned?';and 
(E)'Do you claim the right to vote in another county or state?'. 
(7)The mail voter registration application form shall include thefollowing statements immediately following the questions asked insubdivision (a)(6) of this section: 
(A)'If you checked 'No' in response to either questions A or B, do notcomplete this form.'; 
(B)'If you checked 'Yes' in response to one or more of questions C, D,or E, do not complete this form.'; and 
(C)(i) A statement informing the individual that if the form issubmitted by mail and the individual is registering for the first time,a current and valid photo identification or a copy of a current utilitybill, bank statement, government check, paycheck, or other governmentdocument that shows the name and address of the voter, must besubmitted with the mailed registration form in order to avoid theadditional identification requirements upon voting for the first time;or (ii)When the state acquires the capacity to match the registrant'sdriver's license number and the registrant's social security number tothe registrant's name, the mail-in voter registration application formshall include the following statement in lieu of the statementcontained in subdivision (6)(a)(7)(C)(i): 
'If your voter registration application form is submitted by mail andyou are registering for the first time, in order to avoid theadditional identification requirements upon voting for the first timeyou must submit with the mailed registration form: (a) your driver'slicense number; (b) the last four digits of your social securitynumber; (c) a current and valid photo identification; or (d) a copy ofa current utility bill, bank statement, government check, paycheck, orother government document that shows your name and address.' 
(8)If an applicant for voter registration fails to provide any of theinformation required by this section, the permanent registrar shallnotify the applicant of the failure and provide the applicant with anopportunity to complete the form in a timely manner to allow for itscompletion before the next election for federal office. 
(9)The mail voter registration application shall be pre-addressed tothe Secretary of State. (b)(1)The voter registration applicationportion of the process used by the Office of Driver Services and staterevenue offices shall include: 
(A)The question: 'If you are not registered to vote where you live now,would you like to apply to register to vote here today?'; 
(B)A statement that, if an applicant declines to register to vote, thefact that the applicant has declined to register will remainconfidential and will be used only for voter registration purposes; 
(C)A statement that if an applicant does register to vote, the officeat which the applicant submits a voter registration application willremain confidential and will be used only for voter registrationpurposes; 
(D)Voter registration eligibility requirements; 
(E)Penalties provided by law for providing false information; 
(F)An attestation that the applicant meets each eligibilityrequirement; and 
(G)A space for the applicant's signature or mark. 
(2)The voter registration application portion shall require thesignature of the applicant under penalty of perjury, but shall notrequire notarization or other formal authentication. 
(c)Public assistance agencies and disabilities agencies shall provide,in addition to the federal or state mail voter registration applicationform, a declination form, to be approved by the State Board of ElectionCommissioners, which includes the following question and statements: 
(1)The question, in prominent type, 'IF YOU ARE NOT REGISTERED TO VOTEWHERE YOU LIVE NOW, WOULD YOU LIKE TO APPLY TO REGISTER TO VOTE HERETODAY? YES... NO...'; 
(2)The statement in close proximity to the question above and inequally prominent type, 'IF YOU DO NOT CHECK EITHER BOX, YOU WILL BECONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME'; 
(3)The statement, 'APPLYING TO REGISTER OR DECLINING TO REGISTER TOVOTE WILL NOT AFFECT THE AMOUNT OF ASSISTANCE THAT YOU WILL BE PROVIDEDBY THIS AGENCY'; 
(4)The statement, 'IF YOU WOULD LIKE HELP IN FILLING OUT THE VOTERREGISTRATION APPLICATION FORM, WE WILL HELP YOU. THE DECISION WHETHERTO SEEK OR ACCEPT HELP IS YOURS. YOU MAY FILL OUT THE APPLICATION FORMIN PRIVATE'; 
(5)The statement, 'IF YOU BELIEVE THAT SOMEONE HAS INTERFERED WITH YOURRIGHT TO REGISTER OR TO DECLINE TO REGISTER TO VOTE, YOUR RIGHT TOPRIVACY IN DECIDING WHETHER TO REGISTER OR IN APPLYING TO REGISTER TOVOTE, OR YOUR RIGHT TO CHOOSE YOUR OWN POLITICAL PARTY OR OTHERPOLITICAL PREFERENCE, YOU MAY FILE A COMPLAINT WITH THE SECRETARY OFSTATE AT.......' (filled in with the address and telephone number ofthe Secretary of State's office); 
(6)The statement, 'IF YOU DECLINE TO REGISTER TO VOTE, THE FACT THATYOU HAVE DECLINED TO REGISTER WILL REMAIN CONFIDENTIAL AND WILL BE USEDONLY FOR VOTER REGISTRATION PURPOSES'; and 
(7)The statement, 'IF YOU DO REGISTER TO VOTE, THE OFFICE AT WHICH YOUSUBMIT A VOTER REGISTRATION APPLICATION WILL REMAIN CONFIDENTIAL ANDWILL BE USED ONLY FOR VOTER REGISTRATION PURPOSES'. [As amended by Acts1971, No. 828, § 1; 1995, No. 947, § 2; 1995, No. 964, § 2; 2003, No.995, § 1.] 
7. Registration record files. 
(a)By the deadline to establish a computerized statewide voterregistration database under the federal Help America Vote Act of 2002,including any waivers or extensions of that deadline, the Secretary ofState shall define, maintain, and administer the official, centralized,and interactive computerized voter registration list for all voterslegally residing within the State.The list shall include: 
(1)The name, address, county, precinct, assigned unique identifier andregistration information of every legally registered voter in thestate; 
(2)The inactive registration records of persons who have failed torespond to address confirmation mailings described in § 10 of thisamendment; 
(3)List maintenance information for each person receiving addressconfirmation notices or final address confirmation notices, or both,and the person's response; and 
(4)Cancelled voter registration records and documentation noting thereason for cancellation. 
(b)The computerized list shall serve as the single system for storingand managing the official list of registered voters throughout thestate. 
(c)The computerized list shall serve as the official voter registrationlist 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 thatcounty's precinct voter registration list from the statewidecomputerized list as necessary for holding elections. 
(e)The computerized list shall be coordinated with other state agencyrecords on felony status as maintained by the Arkansas CrimeInformation Center, records on death as maintained by the StateDepartment of Health, and driver's license records maintained by theOffice of Driver Services, according to § 9 of Amendment 51 to theArkansas Constitution. 
(f)A person with an inactive voter registration status may activate hisor her voting status by appearing to vote at the precinct in which heor she currently resides or by updating his or her voter registrationrecords with the permanent registrar of the county in which he or sheresides. (g)The county board of election commissioners or otherlawfully designated election officials shall cause the appropriateprecinct voter registration lists to be at the polling places on thedate of elections, and shall return them at the close of the electionto the office of the permanent registrar with the ballot boxes. 
(h)If the legal residence of a voter is renamed, renumbered, orannexed, the permanent registrar or any local election official maychange the name or number of the legal residence on the voter'sregistration record and any other voting records. Within fifteen (15)days after the records are changed to reflect the new name or number ofthe residence, the permanent registrar shall notify the voter by mailthat the change has been made. 
(i)(1)The Secretary of State and any permanent registrar in the state,may obtain immediate electronic access to the information contained inthe computerized list. 
(2)All voter registration information obtained by any local electionofficial in the state shall be electronically entered into thecomputerized list on an expedited basis at the time the information isprovided to the local official. 
(3)The Secretary of State shall provide the support as may be requiredso that local election officials are able to enter the information.[Asamended by Acts 1971, No. 299, § 1; 1973, No. 149, §§ 1-4; 1977, No.563, § 1; 1991, No. 410, § 1; 1995, No. 947, § 3; 1995, No. 964, § 3;2003, No. 995, § 2.] 
8. Voter registration application records and reports. 
(a)(1)The Office of Driver Services, State Revenue Offices, publicassistance agencies, disabilities agencies, and other voterregistration agencies shall transmit all completed voter registrationapplications to the Secretary of State in sufficient time to allow theSecretary of State to transmit the applications to the appropriatepermanent registrar no later than ten (10) days after the date ofacceptance by the assisting agency. When applications are acceptedwithin five (5) days before the last day of registration for anelection, they must be transmitted no later than five (5) days afterthe date of acceptance at the assisting agency. 
(2)The Secretary of State shall transmit all mail voter registrationapplications to the appropriate permanent registrar no later than ten(10) days after the date of receipt. When applications are receivedwithin five (5) days before the last day of registration for anelection, they must be transmitted no later than five (5) days afterdate of receipt. If forms are received by the wrong election office,they shall be forwarded to the appropriate permanent registrar notlater than the fifth day after receipt. 
(b)The Office of Driver Services, State Revenue Offices, publicassistance agencies, disabilities and other voter registration agenciesshall collect data on the number of voter registration applicationscompleted or declined at each agency, and any additional statisticalevidence that the Secretary of State or the State Board of ElectionCommissioners deems necessary for program evaluation and shall retainsuch voter registration data for a period of two (2) years. 
(c)(1)The Secretary of State shall collect, maintain, and publishmonthly statistical data reflecting the number of new voterregistration applications, changes of address, name, and partyaffiliation, and declinations received by mail and in: 
(A)state revenue offices; 
(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. 
(2)Every six (6) months the Secretary of State shall compile astatewide report available to the public reflecting the statisticaldata collected pursuant to subsection (a). This report shall besubmitted to the Federal Election Commission for the national reportpursuant to section 
(9)(a)(3) of the National Voter Registration Act of 1993. The statereport shall also include: 
(A)numbers of and descriptions of the agencies, and the method ofintegrating voter registration in the agencies; 
(B)an assessment of the impact of the National Voter Registration Actof 1993 on the administration of elections; 
(C)recommendations for improvements in procedures, forms, and othermatters affected by the National Voter Registration Act of 1993. 
(d)Every six (6) months the state-level administration of each voterregistration agency shall issue a report to the Legislative Council andthe Secretary of State containing the statistical and other informationcollected in each agency office, and recommendations for improvementsin procedures, forms, and other matters, including training. 
(e) Information relating to the place where a person registered tovote, submitted a voter registration application, or updated voterregistration records, and information relating to declination forms isconfidential and exempt from the Freedom of Information Act, §25-19-101, et seq. [As amended by Acts 1989, No. 540, § 1; 1995, No.947, § 4; 1995, No. 964, § 4.] 
9. Application to register. 
(a)All persons may register who: 
(1)Are qualified electors and who have not previously registered; 
(2)Will become qualified electors during the thirty-day periodimmediately prior to the next election scheduled within the county; or 
(3)Are qualified electors but whose registration has been cancelled ina manner provided for by this amendment. 
(b)Registration shall be in progress at all times except during thethirty-day period immediately prior to any election scheduled withinthe county, during which period registration of voters shall cease forthat election, but registration during such period shall be effectivefor subsequent elections. 
(c)(1)The permanent registrar shall register qualified applicants whena legible and complete voter registration application is received andacknowledged by the permanent registrar. 
(2)Any person who assists applicants with a voter registrationapplication as part of a voter registration drive or who gathers orpossesses completed applications for submission to the permanentregistrar or Secretary of State in furtherance of a voter registrationdrive, shall deliver all applications in his or her possession to thepermanent registrar or Secretary of State within twenty-one (21) daysof the date on the voter registration application and, in any event, nolater than the deadline for voter registration for the next election. 
(3)The permanent registrar shall register qualified applicants whoapply to register to vote by mail using the state or federal mail voterregistration application form if: 
(A)A legible and complete voter registration application form ispostmarked not later than thirty 
(30) days before the date of the election, or, if the form is receivedby mail without a postmark, not later than twenty-five (25) days beforethe date of an election; and 
(B)(i)The applicant provides a current valid driver's license number orthe last four (4) digits of the applicant's social security number; or 
(ii) If an applicant for voter registration does not have a validdriver's license or a social security number, the Secretary of Stateshall assign the applicant a number that will serve as a uniqueidentifier of the applicant for voter registration purposes. 
(d)The permanent registrar shall notify applicants whether theirapplications are accepted or rejected, or are incomplete. Ifinformation required by the permanent registrar is missing from thevoter registration application, the permanent registrar shall contactthe applicant to obtain the missing information. 
(e)The Secretary of State and the Director of the Office of DriverServices shall enter into an agreement to match information in thedatabase of the statewide voter registration system with information inthe database of the Office of Driver Services to the extent required toenable each official to verify the accuracy of the information providedon applications for voter registration. The Director of the Office ofDriver Services shall enter into an agreement with the Commissioner ofSocial 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 computerizedstatewide registration record files. If the applicant lacks one (1) ormore of the qualifications required by law of voters in this state, thepermanent registrar shall not register the applicant, but shalldocument the reason for denying the applicant's registration andpromptly file or enter the application and the documented reason fordenying registration in the statewide registration record files. 
(g)If the permanent registrar has any reason to doubt thequalifications of an applicant for registration, he or she shall submitsuch application to the county board of election commissioners, andsuch board shall make a determination with respect to suchqualifications and shall instruct the permanent registrar regarding thesame. 
(h)If any person eligible to register as a voter is unable to registerin person at the permanent registrar's office by reason of sickness orphysical disability, the permanent registrar shall register theapplicant at his or her place of abode within such county, ifpracticable, in the same manner as if he or she had appeared at thepermanent registrar's office. 
(i)Notwithstanding other provisions of this amendment, every person inany of the following categories who is absent from the place of his orher voting residence may vote without registration by absentee ballotin any primary, special, or general election held in his or herelection precinct if he or she is otherwise eligible to vote in thatelection: 
(1)Members of the armed forces while in active service, and theirspouses and dependents; 
(2)Members of the Merchant Marines in the United States, and theirspouses and dependents; 
(3)Citizens of the United States temporarily residing outside thelimits of the United States and the District of Columbia, and theirspouses and dependents when residing with or accompanying them. 
(j)(1)The Secretary of State shall be responsible for providing to allabsent uniformed services voters and overseas voters who wish toregister to vote or vote in any jurisdiction in the state, informationregarding voter registration procedures and absentee ballot procedures.
(2)No later than ninety (90) days after the date of each regularlyscheduled general election for federal office, the Secretary of Stateshall submit a report, based on information submitted to him or her bythe permanent registrars of each county, to the Election AssistanceCommission on the combined number of absentee ballots transmitted toabsent uniformed services voters and overseas voters for the electionand the combined number of the ballots which were returned by thevoters and cast in the election. 
(3)The Secretary of State shall make the report available to thegeneral public. 
(k)Any person whose registration status or voting eligibility isaffected adversely by an administrative determination under thisamendment may appeal such adverse determination within five (5) days ofreceipt of notice thereof to the county board of electioncommissioners. The county board of election commissioners shall act onsuch appeal and render its decision within ten (10) days of itsreceipt. Within thirty (30) days after receipt of such decision, anyaggrieved party may appeal further to the circuit court of the county. 
(l) If an election law deadline occurs on a Saturday, Sunday, or legalholiday, the deadline shall be the next day which is not a Saturday,Sunday, or legal holiday. [As amended by Acts 2003, No. 995, § 3; Acts2005, No. 1952, § 1.] 
10. Transfer and change of status. 
(a)Upon a change of legal residence within the county, or a change ofname, any registered voter may cause his registration to be transferredto his new address or new name by completing and mailing a federal orstate mail voter registration application form, by updating his addressat the Office of Driver Services, any state revenue office, publicassistance agency, disabilities agency, or other voter registrationagency, by signing a mailed request to the permanent registrar, givinghis present address and the address at which he was last registered orhis present name and the name under which he was last registered, or byapplying in person at the office of the permanent registrar. 
(b) If the change of legal residence is made pursuant to subsection (a)or subdivision (c)(1) of this section during the thirty-dayadministrative cut-off period immediately prior to any electionscheduled within the county, the registered voter shall retain hisright to vote in the scheduled election in the precinct to which hejust moved. 
(c)The permanent registrar shall conduct a uniform, nondiscriminatoryaddress confirmation program during each odd-numbered year to ensurethat voter registration lists are accurate and current. The addressconfirmation program shall be completed not later than ninety (90) daysprior to a primary or general election for federal office. Based onchange of address data received from the United States Postal Serviceor its licensees, or other unconfirmed data indicating that aregistered voter no longer resides at his or her registered address,the permanent registrar shall send a forwardable address confirmationnotice, including a postage-paid and preaddressed return card, toenable the voter to verify or correct the address information. 
(1) If change of address data indicate that the voter has moved to anew residence address in the same county and, if the county is dividedinto more than one (1) congressional district, the same congressionaldistrict, the address confirmation notice shall contain the followingstatement: 
'We have received notification that you have moved to a new address in__________________ County (or in the __________________ CongressionalDistrict). We will reregister you at your new address unless, withinten (10) days, you notify us that your change of address is not achange of your permanent residence. You may notify us by returning theattached postage-paid postcard or by calling (__________)__________-__________. If this is not a permanent change of residenceand if you do not notify us within ten (10) days you may be required toupdate your residence address in order to vote at future elections.' 
(2) If the change of address data indicates that the voter has moved toa new address in another county or, if a county is divided into morethan one (1) congressional district, to a new address in the samecounty but in a new congressional district, the notice shall includethe following statement: 
'We have received notification that you have moved to a new address notin __________________ County (or not in the __________________Congressional District). If you no longer live in __________________County (or in the __________________ Congressional District), you mustreregister at your new residence address in order to vote in the nextelection. If you are still an Arkansas resident, you may obtain a formto register to vote by calling your county clerk's office or theSecretary of State. If your change of address is not a change of yourpermanent residence, you must return the attached postage-paidpostcard. If you do not return this card and continue to reside in__________________ County (and in the __________________ CongressionalDistrict), you may be required to provide identification and updateyour residence address in order to vote at future elections, and if youdo not vote at any election in the period between the date of thisnotice and the second federal general election after the date of thisnotice, your voter registration will be cancelled and you will have toreregister in order to vote. If the change of address is permanent,please return the attached postage-paid postcard which will assist usin keeping our voter registration records accurate.' 
(d)The county clerk may send out an address confirmation to any voterwhen they receive unconfirmed information that the voter no longerresides at the address on the voter registration records. The countyclerk shall follow the same confirmation procedure as set forth insubsection 
(c). 
(e)Based on change of address information received pursuant tosubsections (a) and (c) of this section, the permanent registrar shall:
(1)Update and correct the voter's registration if the informationindicates that the voter has moved to a new address within the samecounty and the same congressional district; 
(2)Designate the voter as inactive if the information indicates thevoter has moved to a new address in another county or to a new addressin another congressional district in the same county or if the addressconfirmation notices have been returned as undeliverable; or 
(3)Cancel the voter registration in the county from which the voter hasmoved if the voter verifies in writing that he or she has moved to aresidence address in another county. [As amended by Acts 1977, No. 882,§ 1; 1991, No. 581, § 1; 1995, No. 947, § 6; 1995, No. 964, § 6; 1999,No. 1108, § 1.] 
11. Cancellation of registration. 
(a)It shall be the duty of the permanent registrar to cancel theregistration of voters: 
(1)Who have failed to respond to address confirmation mailingsdescribed in section 10 of this amendment and have not voted orappeared to vote in an election during the period beginning on the dateof the notice and ending on the day after the date of the secondgeneral election for federal office that occurs after the date of theaddress confirmation notice; 
(2)Who have changed their residence to an address outside the county; 
(3)Who have died; 
(4)Who have been convicted of felonies and have not discharged theirsentence 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 competentjurisdiction. 
(b)It shall be the duty of the permanent registrar of each county uponthe registration of a person who has been registered previously inanother county or state to notify promptly the permanent registrar ofsuch other county or state of the new registration. 
(c)(1)It shall be the duty of the State Registrar of Vital Records tonotify promptly the Secretary of State of the death of all residents ofthis state. 
(2)(A)The Secretary of State shall compile a listing of the deceasedresidents of this state and shall promptly provide this listing to thepermanent registrar of each county. 
(B)The deceased voter registration shall be cancelled by the permanentregistrar. 
(d)(1)It shall be the duty of the circuit clerk of each county upon theconviction of any person of a felony to notify promptly the permanentregistrar of the county of residence of such convicted felon. 
(2)(A)It is the duty of any convicted felon who desires to register tovote to provide the county clerk with proof from the appropriate stateor local agency, or office that the felon has been discharged fromprobation or parole, has paid all probation or parole fees, or hassatisfied all terms of imprisonment, and paid all applicable courtcosts, fines, or restitution. 
(B)Proof that the felon has been discharged from probation or parole,paid all probation or parole fees, or satisfied all terms ofimprisonment, and paid all applicable court costs, fines, orrestitution shall be provided to the felon after completion of theprobation, parole, or sentence by the Department of Correction, theDepartment of Community Correction, the appropriate probation office orthe 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 ofCommunity Correction, or the appropriate probation office that thefelon has paid all applicable court costs, fines, or restitution. 
(D)Upon compliance with subdivision (d)(2)(A) of this section, thefelon shall be deemed eligible to vote. 
(e)Within ten (10) days following the receipt or possession ofinformation requiring any cancellation of registration, other thanunder section 11(a)(1) of this amendment, the permanent registrar shallcancel the registration, note the date of the cancellation, the reasonfor the cancellation, and the person cancelling the registration. 
(f)(1)The permanent registrar shall, thirty (30) days beforecancellation, notify all persons whose registration records are to becancelled in accordance with section 11(a)(1) of this amendment. Thenotice may be either by publication or by first class mail. The noticeby mail shall be as follows: 
'NOTICE OF IMPENDING CANCELLATION OF VOTER REGISTRATION. 
According to our records you have not responded to our addressconfirmation notice and you have not voted in any election during theperiod beginning on the date of the notice and ending on the day afterthe date of the second general election for federal office after thedate of the first notice. This may indicate that you no longer live atthe residence address printed on the postcard. If your permanentresidence address is still the same as the printed address on thispostcard YOU MUST CONFIRM YOUR RESIDENCE ADDRESS in order to remain onthe voter registration list. If you do not return the attached postcardwithin thirty (30) days after the date postmarked on this card YOURREGISTRATION WILL BE CANCELLED and you will have to re-register tovote.' 
(2)When, in response to the notice, a qualified voter requests thepermanent registrar not to cancel the voter registration, the voterregistration shall not be cancelled under section 11(a)(1) of thisamendment. 
(g)The permanent registrar is authorized, and may be directed by thecounty board of registration, to determine by mail check, house tohouse canvass, or any other reasonable means at any time within thewhole or any part of the county whether active record registrationfiles contain the names of any persons not qualified by law to vote.Further, upon application based upon affidavits of one (1) or morequalified voters by the prosecuting attorney for the county, thecircuit judge of the county, for good cause shown, may order thepermanent registrar to make sure determination or to cancel theregistration of such unqualified persons. [As amended by Acts 1977, No.744, § 1; 1983, No. 11, § 1; 1987, No. 800, § 1; 1991, No. 581, § 2;1995, No. 947, § 7; 1995, No. 964, § 7; 2001, No. 560, § 1; 2003, No.271, § 1; 2003, No. 375, § 1; 2003, No. 1451, § 1.] 
12. Loss or destruction of voter registration records. 
In the event any Registration Record or File shall become lost ordestroyed, the Permanent Registrar shall prepare, from the remainingFiles, temporary copies of the registration records if necessary forthe conduct of any election. The Permanent Registrar shall send noticeof such fact by first-class mail to any voter whose registration recordhas been lost, destroyed or mutilated in order that such voter mayregister again. The previous registration shall be cancelled at thetime of the new registration, and in any event within sixty (60) daysafter mailing of such notice. [As amended by Acts 1995, No. 947, § 9;1995, No. 964, § 9.] 
13. Fail-safe voting.
    If a voter presents himself at a pollingplace on the date of an election but no record of his voterregistration can be located by the judges of the election on theprecinct voter registration list, such voter shall be permitted to voteonly under the conditions set forth in § 7-5-306 or § 7-7- 308. [Asamended by Acts 1973, No. 149, §§ 5, 6; 1995, No. 947, § 10; 1995, No.964, § 10.] 
14. Voter registration lists. 
(a) By the first day of June of each year, and at such other times asmay be practicable, all Permanent Registrars shall, and at theirdiscretion at other times may, print or otherwise duplicate and publishlists of registered voters by precincts, and may distribute such listspursuant to §§ 7-5-105 and 7-5-109. A copy of the most current suchlist in each precinct shall be furnished the election officials at eachprecinct at the time the ballot boxes are delivered and such electionofficials shall post said list at a conspicuous place in the pollingarea. 
(b)By the first day of June of each year, the Permanent Registrar shallcertify to the Secretary of State the total number of registered votersin the county. The Secretary of State shall tabulate the total numberof registered voters in the state and shall make such informationavailable to interested persons upon request. [As amended by Acts 1995,No. 947, § 11; 1995, No. 964, § 11.] 
15. Penalties. 
(a)Any person who shall maliciously and intentionally destroy, steal,mutilate or unlawfully detain or obtain any voter registration form orany Registration Record Files shall be guilty of a felony, and uponconviction thereof shall be fined in the sum of not less than onehundred dollars ($100.00) nor more than one thousand dollars($1,000.00), or be imprisoned in the State Penitentiary for a period ofnot less than one (1) year nor more than five (5) years, or both. 
(b)Any public official or election official who wilfully violates anyprovision of this amendment shall be guilty of a misdemeanor, and uponconviction thereof shall also be removed from such office. 
(c)Any other person who wilfully violates any provision of thisamendment shall be guilty of a misdemeanor. [As amended by Acts 1995,No. 947, § 12; 1995, No. 964, § 12.] 
16. Severability. 
If any provision of this amendment or the application thereof to anyperson or circumstance is held invalid, such invalidity shall notaffect other provisions or applications of the amendment which can begiven effect without the invalid provision or application, and to thisend 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 orparts of laws in conflict herewith. 
18. Appropriations. 
The General Assembly shall make such appropriations as may be requiredfor the effectuation of this amendment. 
19. Amendment. 
The General Assembly may, in the same manner as required for amendmentof laws initiated by the people, amend Sections 5 through 15 of thisamendment, 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 VoterRegistration without Poll Tax Payment.' 
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 Amend. 52. 
 Community Colleges. 
Section: 
 1. General Assembly may establish districts to furnishcommunity college instruction andtechnical training. 
 2. Prior approval of majority of qualified voters in proposeddistrict required. 
1.GeneralAssemblymayestablishdistrictstofurnishcommunitycollegeinstructionand technical training. 
The General Assembly may by law provide for the establishment ofdistricts for the purpose of providing community college instructionand technical training. The General Assembly shall prescribe the methodof financing such communuity college and technical institutes, and mayauthorize the levy of a tax upon the taxable property in such districtsfor the acquisition, construction, reconstruction, repair, expansion,operation, and maintenance of facilities therefor. 
2. Prior approval of majority of qualified voters in proposed districtrequired. No such district shall be created and no such tax shall belevied upon the property in an established district except uponapproval of a majority of the qualified electors of such proposed orestablished district voting thereon. Provided that any millage soapproved by the electors of a district shall be a continuing levy untilincreased, reduced or repealed in such manner as may be provided bylaw, providing they shall ever remain a community college and shallnever be extended into four-year institutions. 
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 Amend. 53. 
Free School System (Const., Art. 14, § 1, Amended). 
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 Amend. 54. 
Purchase of Printing, Stationery and Supplies. 
Section: 
 1. Contracts given to lowest responsible bidder. 
1. Contracts given to lowest responsible bidder. 
The printing, stationery, and supplies purchased by the GeneralAssembly and other departments of government shall be under contractsgiven to the lowest responsible bidder, below such maximum price andunder such regulations as shall be prescribed by law. No member orofficer of any department of government shall in any way be interestedin such contracts. 

Amend. 55. 
Revision of County Government. 
Section: 
 1. Power of quorum court. 
 2. Composition of quorum court - Power over elective offices.
 3. Power of county judge. 
 4. Powers of quorum court. 
 5. Compensation of county officers fixed by quorum court. 
 6. Bonding of county officers. 
1. Power of quorum court. 
(a)A county acting through its Quorum Court may exercise locallegislative authority not denied by the Constitution or by law. 
(b)No county may declare any act a felony or exercise any authority notrelating to county affairs. 
(c)A county may, for any public purpose, contract, cooperate, or joinwith any other county, or with any political subdivisions of the Stateor any other states or their political subdivisions, or with the UnitedStates. 
2. Composition of quorum court - Power over elective offices. 
(a)No county's Quorum Court shall be comprised of fewer than nine (9)justices of the peace, nor comprised of more than fifteen (15) justicesof the peace. The number of justices of the peace that comprise acounty's Quorum Court shall be determined by law. The county's ElectionCommission shall, after each decennial census, divide the county intoconvenient and single member districts so that the Quorum Court shallbe based upon the inhabitants of the county with each memberrepresenting, as nearly as practicable, an equal number thereof. 
(b)The Quorum Court may create, consolidate, separate, revise, orabandon any elective county office or offices except during the termthereof; provided, however, that a majority of those voting on thequestion at a general election have approved said action. 
3. Power of county judge. 
The County Judge, in addition to other powers and duties provided forby the Constitution and by law, shall preside over the Quorum Courtwithout a vote but with the power of veto; authorize and approvedisbursement of appropriated county funds; operate the system of countyroads; administer ordinances enacted by the Quorum Court; have custodyof county property; hire county employees, except those personsemployed 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 theCounty Judge by a vote of three-fifths of the total membership; fix thenumber and compensation of deputies and county employees; fillvacancies in elective county offices; and adopt ordinances necessaryfor the government of the county. The Quorum Court shall meet andexercise 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 Courtwithin a minimum and maximum to be determined by law. Compensation maynot be decreased during a current term; provided, however, during theinterim, from the date of adoption of this Amendment until the firstday of the next succeeding month following the date of approval ofsalaries by the Quorum Court, salaries of county officials shall bedetermined by law. Fees of the office shall not be the basis ofcompensation for officers or employees of county offices. Per diemcompensation 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. 
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 Amend. 56. 
 Constitutional Officers - General Assembly. 
Section: 
 1. Executive department - Composition. 
 2. [Repealed.] 
 3. [Repealed.] 
 4. Compensation of municipal officers. 
1. Executive department - Composition. 
The Executive Department of this State shall consist of a Governor,Lieutenant Governor, Secretary of State, Treasurer of State, Auditor ofState, Attorney General, and Commissioner of State Lands, all of whomshall keep their offices at the seat of government, and hold theiroffices for the term of two (2) years, and until their successors areelected and qualified. 
2. [Repealed.] 
3. [Repealed.] 
4. Compensation of municipal officers. 
Compensation of municipal officers and officials shall be fixed by thegoverning body of the municipality, not to exceed limits which may beestablished by law. 
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Amend. 57. 
Intangible Personal Property. 
Section: 
 1. Intangible personal property - Assessment and taxation. 
 2. Effect on other constitutional provisions. 
1. Intangible personal property - Assessment and taxation. 
The General Assembly may classify intangible personal property forassessment at lower percentages of value than other property and mayexempt one or more classes of intangible personal property fromtaxation, or may provide for the taxation of intangible personalproperty on a basis other than ad valorem. 
2. Effect on other constitutional provisions. 
The provisions of this Amendment shall be in lieu of those provisionsof Article 16, Section 5 of the Constitution of the State of Arkansasrelating to the assessment and taxation of intangible personalproperty. 
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Amend. 58. 
[Repealed.] 
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Amend. 59. 
 Taxation (Const., Art. 16, § 5 Repealed; §§ 5, 14, 15, 16Added). 
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Amend. 60. 
1982 Interest Rate Control Amendment (Const., Art. 19, § 13, Amended). 
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Amend. 61. 
County Road Tax. 
County quorum courts may annually levy a county road tax not to exceedthree (3) mills on the dollar on all taxable real and personal propertywithin their respective counties. Revenues derived from the county roadtax shall be used for the sole purpose of constructing and repairingpublic roads and bridges within the county wherein levied. Theauthority granted by this amendment shall be in addition to all othertaxing authority of the county quorum courts. 
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Amend. 62. 
Local Capital Improvement Bonds. 
Section: 
 1. Local capital improvement bonds authorized - Election -Taxes - Limit on indebtedness -Suspension of tax levy. 
 2. Issuance of bonds to secure and develop industry - Levy oftax - Suspension of collection -Limit on tax levy. 
 3. Sale of bonds - Procedure. 
 4. Maximum rate of tax stated on ballot - Borrowing prior toissuance of bonds. 
 5. Special tax constitutes special fund - Disbursement ofsurplus. 
 6. Conduct of elections. 
 7. Provisions self-executing. 
 8. Taxes levied and bonds authorized prior to amendment. 
 9. Joint project of various governing bodies - Compactagreement elections. 
1. Localcapitalimprovementbondsauthorized-Election-Taxes-Limitonindebtedness - Suspension of tax levy. 
(a)The legislative body of a municipality or county, with the consentof a majority of the qualified electors voting on the question at anelection called for that purpose, may authorize the issuance of bondsfor capital improvements of a public nature, as defined by the GeneralAssembly, in amounts approved by a majority of those voting on thequestion either at an election called for that purpose or at a generalelection. The General Assembly shall prescribe a uniform method ofcalling and holding such elections and the terms upon which the bondsmay be issued. If more than one purpose is proposed, each shall bestated separately on the ballot. The election shall be held no earlierthan thirty (30) days after it is called by the legislative body. Thetax to retire the bonds may be an ad valorem tax on real and personalproperty. Other taxes may be authorized by the General Assembly or thelegislative body to retire the bonds. 
(b)The limit of the principal amount of bonded indebtedness of themunicipality or county which may be outstanding and unpaid at the timeof issuance of any bonds secured by a tax on real or personal property,except for bonds issued for industrial development purposes pursuant toSection 2 hereof, shall be a sum equal to ten percent (10%) for acounty or twenty percent (20%) for a municipality of the total assessedvalue for tax purposes of real and personal property in the county ormunicipality, as determined by the last tax assessment. 
(c)The municipality or county may from time to time, suspend thecollection of a levy, when not required for the payment of its bonds,subject to the covenants with the bondholders. (Amended by Amend. 89.) 
2.Issuanceofbondstosecureanddevelopindustry-Levyoftax-Suspensionofcollection - Limit on tax levy. 
(a)In addition to the authority for bonded indebtedness set forth inSection 1, any municipality or county may, with the consent of themajority of the voters voting on the question at an election held forthat purpose, issue bonds in sums approved by such majority at thatelection for the purpose of financing facilities for the securing anddeveloping of industry within or near the county or municipalityholding the election. 
(b)To provide for payment of principal and interest of the bonds issuedpursuant to the section, as they mature, the municipality or county maylevy a special tax, not to exceed five (5) mills on the dollar of thetaxable real and personal property therein. However, the municipalityor county may, from time to time, suspend the collection of such annuallevy when not required for the payment of its bonds. In no event shallany parcel of real and personal taxable property be subject to aspecial tax levied under the authority of this Section in excess offive (5) mills for bonds issued under this Section. 
3. Sale of bonds - Procedure. 
The bonds described in Section 2 hereof shall be sold only at publicsale after twenty (20) days advertisement in a newspaper having a bonafide circulation in the municipality or county issuing such bonds;provided, however, that the municipality or county may exchange suchbonds for bonds of like amount, rate or interest, and length of issue. 
4. Maximum rate of tax stated on ballot - Borrowing prior to issuanceof bonds. 
The maximum rate of any special tax to pay bonded indebtedness asauthorized in Sections 1 and 2 hereof shall be stated on the ballot.After such bond issue has been approved by the electorate, themunicipality or county may, prior to the issuance of the bonds, borrowfunds on an interim basis, not to exceed three (3) years, and pledge tothe 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 inSections 1 and 2 hereof shall constitute a special fund pledged assecurity for the payment of such indebtedness. The special tax shallnever be extended for any other purpose, nor collected for any greaterlength of time than necessary to retire such bonded indebtedness,except that tax receipts in excess of the amount required to retire thedebt according to its terms may, subject to covenants entered into withthe holders of the bonds, be pledged as security for the issuance ofadditional bonds if authorized by the voters. The tax for suchadditional bonds shall terminate within the time provided for the taxoriginally imposed. Upon retirement of the bonded indebtedness, anysurplus tax collections which may have accumulated shall be transferredto the general funds of the municipality or county. 
6. Conduct of elections. 
The General Assembly may enact laws governing the conduct of electionsauthorized by this Amendment. Absent the enactment of such laws, suchelections shall be held, called and conducted in accordance with thelaws governing elections generally. The results of such election shallbe published in a newspaper of general circulation in the county ormunicipality (as the case may be) and any contest of such election orthe 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 shallcontinue in force until abolished, reduced, or increased as provided bylaw. All bonds and other evidences of indebtedness authorized prior tothe effective date of this Amendment shall be governed by theConstitutional provision and laws in effect at the time ofauthorization. 
9. Joint project of various governing bodies - Compact agreementelections. 
Whenever two or more cities of the First or Second Class, orincorporated towns, and/or one or more counties and the schooldistricts therein, desire to join together in a combined effort tosecure and develop industries within one or more of such cities, towns,counties, and share in the increased revenues estimated to be receivedby the city, town, or county, or school district, in which the industryor industries are to be located, they may, upon adoption by thegoverning bodies of each such city, town, school district, or county,enter into a compact setting forth the terms by which each of theparticipating cities, towns, school districts, and counties is to sharein the revenues to be derived from the location of an industrial plantwithin the compact area through the combined efforts of the variousparticipating cities, towns, school districts, and counties. Uponadoption of such compact by the governing bodies of the participatingcities, towns, school districts, and/or counties, the county court ofeach of the counties involved shall cause a special election to becalled within not more than forty-five (45) days from the date of thefiling of such compact with the county court. At such special election,the qualified electors of each of the cities, towns, school districts,and counties shall vote on whether to approve the compact and themethod of sharing in increased revenues to be derived by the city,school district, and/or county in which the proposed industry is to belocated among the various participating cities, towns, counties, andschool districts. The ballot at such election shall be in substantiallythe following form: 
'FOR the establishment of an industrial development compact and thesharing of revenues to be derived from additional taxes to be generatedby new industries AGAINST the establishment of an industrialdevelopment compact and the sharing of revenues to be derived fromadditional taxes to be generated by new industries' Said election shallbe conducted in accordance with the election laws of this State, andthe results thereof tabulated and certified to the County Clerk in themanner now provided by law. If a majority of the qualified electorsvoting on the question vote in favor of the creation of the compact,and the sharing of revenues to be derived from new industries locatedin the compact area, the said compact shall be implemented inaccordance with the terms thereof. If a majority of the qualifiedelectors voting on said issue vote against issue at said specialelection, no additional election on said issue may be held within one(1) year from the date of said election. The results of said electionshall be proclaimed by the county court of each of the counties inwhich the county and/or cities and towns, or school districts, arelocated. The results of said election shall be conclusive unlessattacked in the courts within thirty (30) days. 
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Amend. 63. 
Four Year Terms for State Constitutional Officers. 
Section: 
 1. Executive Department - Term of office. 
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 ofState, Attorney General and Commissioner of State Lands, all of whomshall keep their offices at the seat of government, and hold theiroffices for the term of four (4) years, and until their successors areelected and qualified. 
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Amend. 64. 
[Repealed.] 
 —————————— 
Amend. 65. 
 Revenue Bonds. 
Section: 
 1. Issuance - Terms and conditions. 
 2. Purpose of issuance. 
 3. Definitions. 
 4. Authority exclusive - Interest - Initiative andreferendum. 
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 GeneralAssembly, may issue revenue bonds for the purpose of financing all or aportion 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 GeneralAssembly. Such bonds may bear such terms, be issued in such manner, andbe subject to such conditions, all as may be authorized by the GeneralAssembly; and the General Assembly may, but shall not be required to,condition the issuance of such bonds upon an election. 
2. Purpose of issuance. 
 (a)No revenue bonds shall be issued by or on behalf of anygovernmental unit if the primary purpose of the bonds is to loan theproceeds of the bonds, or to lease or sell the facilities financed withthe proceeds of the bonds, to one or more private business users forshopping centers or other establishments engaged in the sale of food orgoods at retail. 
(b)No revenue bonds shall be issued by or on behalf of any governmentalunit without the consent of a majority of the qualified electors votingon the question at an election held in accordance with state law if theprimary purpose of the bonds is to loan the proceeds of the bonds, orto lease or sell the facilities financed with the proceeds of thebonds, to one or more private business users for hotels or motels,rental or professional office buildings, or facilities for recreationor entertainment. 
3. Definitions. 
 (a)The term 'revenue bonds' as used herein shall mean allbonds, notes, certificates or other instruments or evidences ofindebtedness the repayment of which is secured by rents, user fees,charges, or other revenues (other than assessments for localimprovements and taxes) derived from the project or improvementsfinanced in whole or in part by such bonds, notes, certificates orother instruments or evidences of indebtedness, from the operations ofany governmental unit, or from any other special fund or source otherthan assessments for local improvements and taxes. 
(b)The term 'governmental unit' as used herein shall mean the State ofArkansas; any county, municipality, or other political subdivision ofthe State of Arkansas; any special assessment or taxing districtestablished 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 theauthorization, issuance, sale, execution and delivery of revenue bondsauthorized hereby. Nothing herein shall be construed toimpair theinitiative and referendum powers reserved to the people under AmendmentNo. 7 tothe Constitution of the State of Arkansas. (Amended by Const.Amend. 89.) 
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 Amend. 66. 
Judicial Discipline And Disability Commission. 
(a)Commission: Under the judicial power of the State, a JudicialDiscipline and Disability Commission is established and shall becomprised of nine persons: three justices or judges, appointed by theSupreme Court; three licensed attorneys in good standing who are notjustices or judges, one appointed by the Attorney General, one by thePresident of the Senate, and one by the Speaker of the House; and threemembers appointed by the Governor. The members appointed by theGovernor shall not be justices or judges, retired justices or judges,or attorneys. Alternate members shall be selected and vacancies filledin the same manner. 
(b)Discipline, Suspension, Leave, and Removal: The Commission mayinitiate, and shall receive and investigate, complaints concerningmisconduct of all justices and judges, and requests and suggestions forleave or involuntary disability retirement. Any judge or justice mayvoluntarily request that the Commission recommend suspension because ofpending disciplinary action or leave because of a mental or physicaldisability. Grounds for sanctions imposed by the Commission orrecommendations made by the Commission shall be violations of theprofessional and ethical standards governing judicial officers,conviction of a felony, or physical or mental disability that preventsthe proper performance of judicial duties. Grounds for suspension,leave, or removal from office shall be determined by legislativeenactment. 
(c)Discipline: If, after notice and hearing, the Commission by majorityvote of the membership determines that grounds exist for the disciplineof a judge or justice, it may reprimand or censure the judge orjustice, who may appeal to the Supreme Court. The Commission may, if itdetermines that grounds exist, after notice and hearing, and bymajority vote of the membership, recommend to the Supreme Court that ajudge or justice be suspended, with or without pay, or be removed, andthe Supreme court, en banc, may take such action. Under this amendment,a judge who also has executive or legislative responsibilities shall besuspended or removed only from judicial duties. In any hearinginvolving a Supreme Court justice, all Supreme Court justices shall bedisqualified from participation. 
(d)Leave and Retirement: If, after notice and hearing, the Commissionby majority vote of the membership determines that a judge or justiceis unable because of physical or mental disability to perform theduties of office, the Commission may recommend to the Supreme Courtthat the judge or justice be granted leave with pay or be retired, andthe Supreme Court, en banc, may take such action. A judge or justiceretired by the Supreme Court shall be considered to have retiredvoluntarily as provided by law. 
(e)Vacancies: Vacancies created by suspension, the granting of leave orthe removal of a judge or justice, or vacancies created bydisqualification of justices, shall be filled as provided by law. 
(f)Rules: The Supreme Court shall make procedural rules implementingthis amendment and setting the length of terms on the Commission. 
(g)Cumulative Nature: This amendment is alternative to, and cumulativewith, impeachment and address authorized by this Constitution. 
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Amend. 67. 
 Jurisdiction of Matters Relating to Juveniles and Bastardy. 
The General Assembly shall define jurisdiction of matters relating tojuveniles (persons under eighteen (18) years of age) and mattersrelating to bastardy and may confer such jurisdiction upon chancery,circuit or probate courts, or upon separate divisions of such courts,or may establish separate juvenile courts upon which such jurisdictionmay be conferred, and shall transfer to such courts the jurisdictionover bastardy and juvenile matters now vested in county courts bySection 28 of Article 7 of this Constitution. 
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Amend. 68. 
Abortion. 
Section: 
 1. Public funding. 
 2. Public policy. 
 3. Effect of amendment. 
1. Public funding. 
No public funds will be used to pay for any abortion, except to savethe mother's life. 
2. Public policy. 
The policy of Arkansas is to protect the life of every unborn childfrom conception until birth, to the extent permitted by the FederalConstitution. 
3. Effect of amendment. 
This amendment will not affect contraceptives or require anappropriation of public funds. 
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Amend. 69. 
Repeal of Amendment 44 (Protection of States' Rights). 
—————————— 
Amend. 70. 
Executive Department and General Assembly Salaries - Restrictions on 
Expense Reimbursements. 
Section: 
 1. Executive Department and General Assembly - Salaries -Restrictions on reimbursements. 
 2. Additional Constitutional amendments authorized. 
 3. Salary adjustments. 
 4. Effective date. 
 5. Repeal of Amendment 56, Sections 2 and 3. 
1.ExecutiveDepartmentandGeneralAssembly-Salaries-Restrictionsonreimbursements. 
 (a)No official of the Executive Department shall bereimbursed by the State of Arkansas for any expenses except thosereasonably connected to their official duties and only if suchreimbursement is made for documented expenses actually incurred andfrom the regular budget appropriated for the official's office. Suchrestrictions on expense reimbursement are of a general application andalso are intended specifically to prohibit the appropriation and use ofpublic relations funds. The annual salaries of the ExecutiveDepartment, which shall be paid in monthly installments, shall be asfollows: the Governor, the sum of $60,000; the Lieutenant Governor, thesum of $29,000; the Secretary of State, the sum of $37,500; theTreasurer of State, the sum of $37,000; the Attorney General, the sumof $50,000; the Commissioner of State Lands, the sum of $37,500; andthe Auditor of State, the sum of $37,500. Except as provided herein,such officials of the Executive Department shall not receive any otherincome from the State of Arkansas, whether in the form of salaries orexpenses. 
(b)The members of the General Assembly shall receive as their annualsalary the sum of $12,500, except the President Pro Tempore of theSenate and the Speaker of the House of Representatives, who shall eachreceive the sum of $14,000 annually, with such salaries to be payablein equal monthly installments. Except as provided herein, no member ofthe General Assembly shall receive any other income for service in theGeneral Assembly, whether in the form of salaries or expenses,including, but not limited to, public relations funds. Providedfurther, that no member of the General Assembly shall be entitled toper diem unless authorized by law, or to reimbursement for expenses ormileage unless authorized by law, documented, and reasonably related totheir official duties. 
2. Additional Constitutional amendments authorized. 
In addition to the three amendments to the Constitution allowedpursuant to Article 19, § 22, either branch of the General Assembly ata regular session thereof may propose an amendment to the Constitutionto change the salaries for the offices of Governor, LieutenantGovernor, Attorney General, Secretary of State, Treasurer of State,Commissioner of State Lands, and Auditor of State and for members ofthe General Assembly. If the same be agreed to by a majority of allmembers elected to each house, such proposed amendment shall be enteredon the journals with the yeas and nays, and published in at least onenewspaper in each county, where a newspaper is published, for sixmonths immediately preceding the next general election for Senators andRepresentatives, at which time the same shall be submitted to theelectors of the State for approval or rejection. If a majority of theelectors voting at such election adopt the amendment the same shallbecome a part of this Constitution. Only one amendment to theConstitution may be referred pursuant to this section. 
3. Salary adjustments. 
The salaries of the Executive Department officials and members of theGeneral Assembly provided for in Section 1 or 2 of this amendment oradjusted pursuant to this section may be increased annually throughsubsequent appropriations by the General Assembly by an amount not toexceed the average percentage increase in the Consumer Price Index forAll Urban Consumers or its successor, as published by the United StatesDepartment of Labor, for the two years immediately preceding the yearof the salary appropriation. 
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 Constitutionare hereby repealed. 
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Amend. 71. 
Personal Property Taxes. 
Section: 
 1. Exemption from ad valorem taxes. 
 2. Motor vehicles - Procedures for assessment and collection.
 3. Supersession of Article 16, Section 5. 
 4. Effective date. 
1. Exemption from ad valorem taxes. 
Items of household furniture and furnishings, clothing, appliances, andother personal property used within the home, if not held for sale,rental, or other commercial or professional use, shall be exempt fromall ad valorem taxes levied by any city, county, school district, orother taxing unit in this state. 
2. Motor vehicles - Procedures for assessment and collection. 
In addition to the method established by law for assessing andcollecting real and personal property taxes, the General Assembly mayestablish special procedures, in lieu thereof, for the assessment andcollection of annual personal property taxes on motor vehicles, ownedby individuals, at the time of issuance or renewal of the registrationand the license thereof. Personal property taxes collected on motorvehicles under such procedures shall be based on the assessed value ofthe vehicles determined at the time the tax is paid, computed at therate of personal property taxes levied during the preceding November,in the manner provided by law, in the taxing units in which the ownerof the motor vehicle resides, or in which the motor vehicle isregularly located and assessed, and the taxpayer shall not be requiredto pay ad valorem taxes upon such motor vehicle based on the assessmentfor the previous year. In no event may more than one year's personalproperty taxes be collected on the same vehicle in the same year.Personal property taxes collected on motor vehicles under suchprocedures shall be remitted to the counties in which due, fordistribution, as revenues of the year in which collected, to therespective 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 provisionsof Article 16, Section 5 of the Constitution of the State of Arkansasrelating to the assessment and taxation of tangible personal property. 
4. Effective date. 
This amendment shall be in effect from and after January 1, 1993. 
—————————— 
Amend. 72. 
 City and County Library Amendment (Const. Amends. 30 and 38,§§ 1 and 3, 
 Amended, Const. Amends. 30 and 38, § 5, Added). 
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Amend. 73. 
 Arkansas Term Limitation Amendment. 
Preamble: The people of Arkansas find and declare that electedofficials who remain in office too long become preoccupied withreelection and ignore their duties as representatives of the people.Entrenched incumbency has reduced voter participation and has led to anelectoral system that is less free, less competitive, and lessrepresentative than the system established by the Founding Fathers.Therefore, the people of Arkansas, exercising their reserved powers,herein limit the terms of elected officials. 
Section: 
 1. Executive Branch. 
 2. Legislative Branch. 
 3. Congressional Delegation. 
 4. Severability. 
 5. Provisions Self-executing. 
 6. Application. 
1. Executive Branch. 
 (a)The Executive Department of this State shall consist of aGovernor, 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, andhold their offices for the term of four years, and until theirsuccessors are elected and qualified. 
(b)No elected officials of the Executive Department of this State mayserve in the same office more than two such four year terms. 
2. Legislative Branch. 
 (a)The Arkansas House of Representatives shall consist ofmembers to be chosen every second year by the qualified electors of theseveral counties. No member of the Arkansas House of Representativesmay serve more than three such two year terms. 
(b)The Arkansas Senate shall consist of members to be chosen every fouryears by the qualified electors of the several districts. No member ofthe Arkansas Senate may serve more than two such four year terms. 
3. Congressional Delegation. 
 (a)Any person having been elected to three or more terms as amember of the United States House of Representatives from Arkansasshall not be certified as a candidate and shall not be eligible to havehis/her name placed on the ballot for election to the United StatesHouse of Representatives from Arkansas. 
(b)Any person having been elected to two or more terms as a member ofthe United States Senate from Arkansas shall not be certified as acandidate and shall not be eligible to have his/her name placed on theballot for election to the United States Senate from Arkansas. 
4. Severability. 
The provisions of this Amendment are severable, and if any should beheld invalid, the remainder shall stand. 
5. Provisions Self-executing. 
Provisions of this Amendment shall be self-executing. 
6. Application. 
 (a)This Amendment to the Arkansas Constitution shall takeeffect and be in operation on January 1, 1993, and its provisions shallbe applicable to all person thereafter seeking election to the officesspecified in this Amendment. 
(b)All laws and constitutional provisions which conflict with thisAmendment are hereby repealed to the extent that they conflict withthis amendment. 
 —————————— 
Amend. 74. 
School tax - Budget - Approval of tax rate (Const., Art. 14, § 3, asamended by 
Const. Amend. 11 and Const. Amend. 40, amended). 

 Amend. 75. 
 Environmental enhancement funds. 
Section: 
 1. Statement of purpose. 
 2. Excise tax levied. 
 3. Use of proceeds. 
 4. Administrative procedures. 
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 naturalresource of the state and they desire to provide additional funds tothe Arkansas Game and Fish Commission, the Department of Parks andTourism, the Department of Heritage and Keep Arkansas Beautiful. 
2. Excise tax levied. 
 (a)There is hereby levied an additional excise tax ofone-eighth of one percent (1/8 of 1%) upon all taxable sales ofproperty and services subject to the tax levied by the Arkansas GrossReceipts Act (Arkansas Code § 26-52-101 et seq.), and such tax shall becollected, reported, and paid in the same manner and at the same timeas is prescribed by law for the collection, reporting and payment ofall other Arkansas gross receipts taxes. 
(b)There is hereby levied an additional excise tax of one-eighth of onepercent (1/8 of 1%) upon all tangible personal property subject to thetax levied by the Arkansas Compensating Tax Act (Arkansas Code §26-53-101 et seq.), and such tax shall be collected, reported, and paidin the same manner and at the same time as is prescribed by law for thecollection, reporting and payment of Arkansas compensating taxes. 
3. Use of proceeds. 
 (a)Notwithstanding any provision of Amendment 35 or any otherprovision of the Arkansas Constitution to the contrary, forty-fivepercent (45%) of all monies collected from the tax levied herein shallbe deposited in the State Treasury as special revenues and credited tothe Game Protection Fund to be used exclusively by the Arkansas Gameand Fish Commission, as appropriated by the General Assembly. 
(b)Forty-five percent (45%) of all monies collected from the tax leviedherein shall be deposited in the State Treasury as special revenues andcredited to the Department of Parks and Tourism Fund Account to be usedby the Department of Parks and Tourism for state park purposes, asappropriated by the General Assembly. 
(c)Nine percent (9%) of all monies collected from the tax levied hereinshall be deposited in the State Treasury as special revenues andcredited to the Arkansas Department of Heritage Fund Account to be usedexclusively by the Department of Heritage as appropriated by theGeneral Assembly. 
(d)One percent (1%) of all monies collected from the tax levied hereinshall be deposited in the State Treasury as special revenues andcredited to the Keep Arkansas Beautiful Fund Account, which is herebycreated on the books of the State Treasurer, State Auditor and theChief Fiscal Officer of the State, to be used exclusively by KeepArkansas Beautiful, as appropriated by the General Assembly. 
4. Administrative procedures. 
 (a)The General Assembly shall provide for the properadministration and enforcement of this amendment by law. 
(b)Unless the General Assembly provides another procedure by law, theprovisions of the Arkansas Tax Procedure Act, Sections 26-18-101 etseq., shall so far as practicable be applicable to the tax levied bythis amendment and the reporting, remitting and enforcement of the tax.
 —————————— 
Amend. 76. 
 The Congressional Term Limits Amendment of 1996 (Const.Amend. 73, § 3, 
 amended). 
Section: 
 1. Congressional Delegation (Const. Amend. 73, § 3 amended). 
1. Congressional Delegation (Const. Amend. 73, § 3 amended). 
Section 3 of Amendment 73 to the Arkansas Constitution is herebyamended to add to the current language the following subsections: 
(c)The foregoing provisions in sections (a) and (b) shall be revivedupon passage of appropriate federal laws. 
(d)It is the official position of the people of the State of Arkansasthat all of our elected officials should vote to enact, by amendment tothe United States Constitution, term limits for members of the UnitedStates Congress that are not longer than: three (3) two-year terms inthe United States House of Representatives, nor two (2) six-year termsin the United States Senate, respectively. 
(e) It is the will of the people of the State of Arkansas that thefollowing amendment be added to the United States Constitution: 
'Congressional Term Limits Amendment 
'Section A. No person shall serve in the office of United StatesRepresentative for more than three terms, but upon ratification of theCongressional Term Limits Amendment no person who has held the officeof United States Representative or who then holds the office shallserve for more than two additional terms. 
'Section B. No person shall serve in the office of United StatesSenator for more than two terms, but upon ratification of theCongressional Term Limits Amendment no person who has held the officeof United States Senator or who then holds the office shall serve morethan one additional term. 
'Section C. This article shall have no time limit within which it mustbe ratified by the legislatures of three-fourths of the several states.
(f)(1)As provided in this subsection, and in subsections (h) and (j) ofthis section, at each primary, special, and general election for theoffice of United States Representative, United States Senator, or anystate legislator, the ballot shall inform voters regarding anyincumbent and non-incumbent candidate's failure to support 'TheCongressional Term Limits Amendment' proposed above. 
(g)Each member of the Arkansas Delegation to the United States Congressis hereby instructed to use all of the powers of the Congressionaloffice to pass the Congressional Term Limits Amendment set forth insubsection (e) above. 
(h)All primary, general, and special election ballots shall have theinformation 'DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS' printedadjacent to the name of any United States Representative or UnitedStates Senator who: 
(1)Failed to vote in favor of the Congressional Term Limits Amendmentproposed in subsection 
(e) when brought to any vote; 
(2)Failed to second the Congressional Term Limits Amendment proposed insubsection (e) if it lacked for a second before any proceeding of thelegislative body; 
(3)Failed to propose or otherwise bring to a vote of the fulllegislative body the Congressional Term Limits Amendment proposed insubsection (e) above if it otherwise lacked a legislator who soproposed or brought to a vote of the full legislative body theCongressional Term Limits Amendment proposed in subsection (e) above;or 
(4)Failed to vote in favor of discharging the Congressional Term LimitsAmendment proposed in subsection (e) before any committee orsubcommittee upon which the Legislator served in the respectivelegislative body; or 
(5)Failed to vote against or reject any attempt to delay, table, orotherwise prevent a vote by the full legislative body on theCongressional Term Limits Amendment set forth in subsection (e); or(6)Failed to vote against any term limits proposal with terms longerthan those set forth in the Congressional Term Limits Amendmentproposed in subsection (e); or 
(7)Sponsored or co-sponsored any proposed constitutional amendment orlaw that proposes term limits longer than those in the CongressionalTerm Limits Amendment set forth in subsection (e); or 
(8)Failed to ensure that all legislative votes on Congressional TermLimits were recorded and made available to the public. 
(i)The information 'DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS'shall not appear adjacent to the names of candidates for Congress ifthe Congressional Term Limits Amendment set forth in subsection (e) isbefore the states for ratification or has become a part of the UnitedStates Constitution. 
(j)Notwithstanding any other provision of Arkansas law: 
(1)A non-incumbent candidate for the office of United StatesRepresentative, United States Senator, State Representative, or StateSenator, shall be permitted to sign a 'Term Limits Pledge' each timethe non-incumbent files as a candidate for such an office. A candidatewho declines to sign the 'Term Limits Pledge' shall have 'DECLINED TOPLEDGE TO SUPPORT TERM LIMITS' printed adjacent to the candidate's nameon the election ballot; 
(2)Each time a non-incumbent candidate for United States Senator,United States Representative, State Senator, or State Representativefiles for candidacy for those offices, the candidate shall be offeredthe 'Term Limits Pledge' until the United States Constitution has beenamended to limit United States Senators to two terms in office andUnited States Representative to three terms in office; 
(3)The 'Term Limits Pledge' that each non-incumbent candidate for stateand federal legislative offices shall be offered is as follows: 'Isupport Congressional Term Limits and pledge to use all of mylegislative powers to enact the proposed Congressional Term LimitsAmendment set forth in the United States Congressional Term LimitsAmendment of 1996. If elected, I pledge to act and to vote in such away that the information 'DISREGARDED VOTERS' INSTRUCTION ON TERMLIMITS' will not appear next to my name.' The pledge form will providea space for the signature of the candidate and the date of thesignature. 
(k)The House of Representatives of the State of Arkansas, and theArkansas Senate, due to the desire of the people of the State ofArkansas to establish term limits for the Congress of the UnitedStates, are hereby instructed to make the following application to theUnited States Congress, pursuant to their powers under Article V of theUnited States Constitution, to wit: 'We, the people and the legislatureof the State of Arkansas, due to our desire to establish term limits onthe members of the Congress of the United States, hereby makeapplication to the United States Congress, pursuant to our power underArticle V of the United States Constitution, to call a convention forproposing amendments to the Constitution.' 
(l)Each state legislator is hereby instructed to use all powersdelegated to each legislator to pass the Article V application to theUnited States Congress set forth in subsection (k) above, and toratify, if proposed, the Congressional Term Limits Amendment set forthabove. 
(m)Not withstanding any other provision of Arkansas Law: 
(1)All primary, general, and special election ballots shall have theinformation 'DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS' printedadjacent to the name of any State Senator or State Representative who: 
(A)Failed to vote in favor of the application set forth in subsection(k) above when brought to a vote; or 
(B)Failed to second the application set forth in subsection (k) aboveif it lacked a second; or 
(C)Failed to vote in favor of all votes bringing the application setforth in subsection (k) above before any committee or subcommittee uponwhich the legislator served; or 
(D)Failed to propose or otherwise bring to a vote of the fulllegislative body the application set forth in subsection (k) if itotherwise lacked a legislator who so proposed or brought to a vote ofthe full legislative body the application set forth above; or 
(E)Failed to vote against any attempt to delay, table, or otherwiseprevent a vote by the full legislative body on the application setforth in subsection (k) above; or 
(F)Failed in any way to ensure that all votes on the application setforth in subsection (k) were recorded and made available to the public;or 
(G)Failed to vote against any change, addition, or modification to theapplication set forth in subsection (k) above; or 
(H)Failed to attend a hearing, session, or vote of the legislative bodyconcerning any aspect of consideration of the proposals in subsection(e) and subsection (k) above, where such failure to attend resulted inany 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 onany aspect of consideration of the proposals in subsection (e) andsubsection (k) above, where such failure resulted in the defeat of anyaspect of subsection (e) and subsection (k) above, without recordingthe votes of individual legislators to be held accountable at a latertime. 
(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 longerthan the limits set forth in the proposed amendment in subsection (e)above, when such an amendment is ssent [sic] to the states forratification. 
(2)The information 'DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS' asrequired by any of subsection (1)(A) through (1)(J) shall not appearadjacent to the names of the candidates for the state legislature ifthe State of Arkansas has made application to Congress for a conventionfor proposing amendments to the United States Constitution pursuant tothis amendment and such application is currently effective, has notbeen withdrawn, and has not expired. 
(3)The information 'DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS' asrequired by either of subsections (1)(K) or (1)(L) shall not appearadjacent to the names of the candidates for the state legislature if:The Congressional Term Limits Amendment set forth above has beensubmitted to the states for ratification and ratified by the ArkansasLegislature; or the Congressional Term Limits Amendment set forth andproposed in subsection (e) has become a part of the United StatesConstitution. 
(n)(1)The Secretary of State of the State of Arkansas shall beresponsible for making an accurate determination as to whether acandidate for state or federal legislative office shall have placednext to the candidate's name on the election ballot the information'DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS' or the information'DECLINED TO PLEDGE TO SUPPORT TERM LIMITS' and for certifying theappropriate indication to the appropriate county clerks and otherappropriate voting officials. 
(2)The Secretary of State, in accordance with subsection (1) of thissubsection, shall be responsible for making an accurate determinationfrom any reliable source. 
(3)The Secretary of State shall consider timely submitted publiccomments 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, ifany, shall appear adjacent to the names of each incumbent state andfederal legislator if the incumbent were to be a candidate in the nextgeneral election and shall certify such information to the appropriatecounty clerks and other appropriate voting officials. 
In the case of United States Representatives and United StatesSenators, this determination, declaration, and certification shall bemade in a fashion necessary to ensure orderly printing of primary andgeneral election ballots with allowance made for all legal actionprovided in subsections (5), (6) and (7), below, and shall be basedupon each Congressional member's actions during their current term ofoffice and any actions taken in any concluded term, if such action wastaken after the determination and declaration was made by the Secretaryof State previously. 
In the case of incumbent state legislators, this determination anddeclaration shall be made not later than thirty (30) days after the endof the regular session following each general election, and shall bebased upon legislative action in the previous regular session or anyaction taken in any special session in the previous four (4) years, butin no event upon any actions taken before the adoption of thisamendment. 
The Secretary of State shall provide official notification to theincumbents by certified mail and to the public by official mediastatement and legal publication in a newspaper of statewide circulationat least two separate times prior to the election, in accordance withthe time frames set forth herein. 
(5)The Secretary of State shall determine, declare, and certify whatinformation, if any, shall appear adjacent to the names ofnon-incumbent candidates for state and federal legislator, not laterthan five (5) business days after the deadline for filing for theoffice. The Secretary of State shall provide official notification tothe candidate by certified mail and to the public by official mediastatement and legal publication in a newspaper of statewide circulationat least two separate times prior to the election, in accordance withthe time frames set forth herein. 
(6)If the Secretary of State makes the determination that theinformation 'DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS' OR'DECLINED TO PLEDGE TO SUPPORT TERM LIMITS' shall not be certified forplacement on the ballot adjacent to the name of a candidate for senatoror representative for state or federal office, any candidate or electormay appeal such decision to the Arkansas Supreme Court as an originalaction within five (5) business days after the second officialnewspaper publication of the determination by the Secretary of State orshall waive any right to appeal such decision. The burden of proofshall be upon the Secretary of State to demonstrate by clear andconvincing evidence that the candidate has met the requirements setforth in this act and therefore should not have the information'DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS' or 'DECLINED TO PLEDGETO SUPPORT TERM LIMITS' printed on the ballot adjacent to thecandidate's name. 
(7)If the Secretary of State determines that the information'DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS' OR 'DECLINED TO PLEDGETO SUPPORT TERM LIMITS' shall be certified for placement on the ballotadjacent to a candidate's name for a senator or representative forstate or federal office, the candidate may appeal such decision to theArkansas Supreme Court as an original action within five (5) businessdays after receipt of notification or shall waive any right to appealsuch decision. The burden of proof shall be upon the candidate todemonstrate by clear and convincing evidence that the candidate shouldnot have the information 'DISREGARDED VOTERS' INSTRUCTION ON TERMLIMITS' or 'DECLINED TO PLEDGE TO SUPPORT TERM LIMITS' printed on theballot adjacent to the candidate's name. 
(o)The Arkansas Supreme Court shall hear the appeal provided for insubsections (n)(6) and (n)(7) of this section, on an expedited basis asthe first priority among any Supreme Court case, and shall issue itsdecision on an expedited basis before any other civil appeals areresolved after submission of the matter to the Arkansas Supreme Court.Failure of the Arkansas Supreme Court to render a timely decision willrequire the Secretary of State to certify the challenged language forplacement on the ballot next to the candidate's name. 
(p)At such time as the congressional Term Limits Amendment set forth insubsection (e) has become a part of the United States Constitution,subsections (e) through (o) of this amendment automatically shall berepealed. 
(q)Repealer. All laws in conflict with the foregoing are herebyrepealed. 
(r)Severability. If any portion, clause, or phrase of this Amendment isfor any reason held to be invalid or unconstitutional by a court ofcompetent jurisdiction, the remaining portions, clauses, and phrasesshall not be affected, but shall remain in full force and effect. 
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 Amend. 77. 
Special Judges (Ark. Const. Art 7, §§ 9, 21, 22, repealed). 
Section: 
 1. Repealed. 
 2. Circuit, chancery, and probate judges. 
 3. Repeal of Ark. Const., Art. 7, §§ 9, 21, 22. 
1. [Repealed.] 
2. Circuit, chancery, and probate judges. 
Circuit, chancery, and probate judges may temporarily exchange circuitsby joint order. Any circuit, chancery, or probate judge who consentsmay be assigned to another circuit for temporary service under rulesprescribed by the Supreme Court. 
3. Repeal of Ark. Const., Art. 7, §§ 9, 21, 22. 
Article 7, Section 9, 21, and 22 are hereby repealed. 
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 Amend. 78. 
City and County Government Redevelopment. 
Section: 
 1. Redevelopment Projects. 
 2. Short-term financing obligations. 
 3. Scope of authority to incur debt. 
1. Redevelopment Projects. 
 (a)Any city or county may form a redevelopment district forthe purpose of financing one (1) or more redevelopment projects withinthe district. 
(b)A city or county which has formed a redevelopment district may issuebonds for the purpose of financing capital improvements forredevelopment projects within the district. The bonds may be secured byand be payable from all or a portion of the division of ad valoremtaxes in the district provided for in (d) below. The bonds shall not beconsidered in calculating debt limits for bonds issued pursuant toArticle XII, Section 4, of the Arkansas Constitution and shall not besubject to the provisions of Article XVI, Section 1 of the ArkansasConstitution 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 orspread of, slums or blighted, deteriorated, or deteriorating areas, fordiscouraging the loss of commerce, industry, or employment, or forincreasing employment, or any combination thereof, as may be defined bythe General Assembly. 
(d)The General Assembly may provide that the ad valorem taxes levied byany taxing unit, in which is located all or part of an area included ina redevelopment district, may be divided so that all or part of the advalorem taxes levied against any increase in the assessed value ofproperty in the area obtaining after the effective date of theordinance approving the redevelopment plan for the district shall beused to pay any indebtedness incurred for the redevelopment project;provided, however, there shall be excluded from the division all advalorem taxes for debt service approved by voters in a taxing unitprior to the effective date of this amendment. 
(e)After the effective date of an ordinance approving the redevelopmentplan for the district, no increase in the assessed value of property ina redevelopment district shall be taken into account for purposes ofcalculating increases in the aggregate value of taxable real andpersonal property in a taxing unit pursuant to Article XVI, Section 14of the Arkansas Constitution. 
(f)Any provision of the Constitution of the State of Arkansas inconflict with this section is repealed insofar as it is in conflictwith this amendment. 
(g)The General Assembly shall provide for the implementation of thissection by law. 
2. Short-term financing obligations. 
 (a) For the purpose of acquiring, constructing, installing orrenting real property or tangible personal property having an expecteduseful life of more than one (1) year, municipalities and counties mayincur short-term financing obligations maturing over a period of, orhaving a term, not to exceed five (5) years. Such obligations may bearinterest. The aggregate principal amount of short-term financingobligations incurred by a municipality or a county pursuant to thissection shall not exceed five percent (5%) of the assessed value oftaxable property located within the municipality or two and one halfpercent (2.5%) of the assessed value of taxable property located withinthe county, as determined by the last tax assessment completed beforethe last obligation was incurred by the city or county. The totalannual principal and interest payments in each fiscal year on alloutstanding obligations of a municipality or a county pursuant to thissection shall be charged against and paid from the general revenues forsuch fiscal year, which may include road fund revenues. Tax revenuesearmarked for solid waste disposal purposes may be used to pay printingand other costs associated with bonds issued under this amendment forsolid waste disposal purposes. 
(b)As used here: 
 (1)“Short-term financing obligation” means a debt, a note, aninstallment purchase agreement,a lease, a lease-purchase contract, orany other similar agreement, whether secured or unsecured; provided,that the obligation shall mature over a period of, or have a term, notto exceed five (5) years. 
(c)The provisions of this section shall be self-executing. (Amended byConst. Amend. 89.) Annotations 
3. Scope of authority to incur debt. 
The authority conferred by this amendment shall be in addition to theauthority of municipalities and counties to issue bonds and other debtobligations pursuant to Amendments 62, 65, and 72, and other provisionsof the Constitution and laws of the state. 
—————————— 
 Amend. 79. 
Property Tax Relief. 
Section: 
 1. Assessing value of real property. 
 2. Effect of county-wide reappraisal - Public utility andcarrier exception. 
 3. Annual state credit. 
 4. Income adjustments - Personal property millage rate -Uniform property tax rate requirement -Reassessment - Rollbackadjustments. 
1. Assessing value of real property. 
 (a)After each county-wide reappraisal, as defined by law, andthe resulting assessed value of property for ad valorum tax purposesand after each Tax Division appraisal and the resulting assessed valueof utility and carrier real property for ad valorem tax purposes, thecounty assessor, or other official or officials designated by law,shall compare the assessed value of each parcel of real propertyreappraised or reassessed to the prior year's assessed value. If theassessed value of the parcel increased, then the assessed value of theparcel shall be adjusted pursuant to this section. 
(b)(1)If the parcel is not a taxpayer's homestead used as thetaxpayer's principal place of residence, then for the first assessmentfollowing reappraisal, any increase in the assessed value of the parcelshall be limited to not more than ten percent (10%) of the assessedvalue of the parcel for the previous year.In each year thereafter theassessed value shall increase by an additional ten percent (10%) of theassessed value of the parcel for the year prior to the first assessmentthat resulted from reappraisal but shall not exceed the assessed valuedetermined by the reappraisal prior to adjustment under thissubsection.For utility and carrier real property, any annual increasein the assessed value of the parcel shall be limited to not more thanten percent (10%) of the assessed value for the previous year. 
(2)This subsection (b) does not apply to newly discovered realproperty, new construction, or to substantial improvements to realproperty. 
(c)(1)Except as provided in subsection (d), if the parcel is ataxpayer's homestead used as the taxpayer's principal place ofresidence then for the first assessment following reappraisal, anyincrease in the assessed value of the parcel shall be limited to notmore than five percent (5%) of the assessed value of the parcel for theprevious year.In each year thereafter the assessed value shall increaseby an additional five percent (5%) of the assessed value of the parcelfor the year prior to the first assessment that resulted fromreappraisal but shall not exceed the assessed value determined by thereappraisal prior to adjustment under this subsection. 
(2)This subsection (c) does not apply to newly discovered realproperty, new construction, or to substantial improvements to realproperty. 
(d)(1)(A)A homestead used as the taxpayer's principal place ofresidence purchased or constructed on or after January 1, 2001 by adisabled person or by a person sixty-five (65) years of age or oldershall be assessed thereafter based on the lower of the assessed valueas of the date of purchase or construction or a later assessed value. 
(B)When a person becomes disabled or reaches sixty-five (65) years ofage on or after January 1, 2001, that person's homestead used as thetaxpayer's principal place of residence shall thereafter be assessedbased on the lower of the assessed value on the person's sixty-fifthbirthday, on the date the person becomes disabled or a later assessedvalue. 
(C)If a person is disabled or is at least sixty-five (65) years of ageand owns a homestead used as the taxpayer's principal place ofresidence on January 1, 2001, the homestead shall be assessed based onthe lower of the assessed value on January 1, 2001 or a later assessedvalue. 
(2)Residing in a nursing home shall not disqualify a person from thebenefits of this subsection 
(d). 
(3)In instances of joint ownership, if one of the owners qualifiesunder this subsection (d), all owners shall receive the benefits ofthis amendment. 
(4)This subsection (d) does not apply to substantial improvements toreal property. 
(5)For real property that is subject to Section 2 of this Amendmentinlieu of January 1, 2001, the applicable date for this subsection (d)shall be January 1 of the year following the completion of theadjustments to assessed value required by Section 2. 
2. Effect of county-wide reappraisal - Public utility and carrierexception. 
 (a)(1)Section 1 of this Amendment shall not be applicable toa county in which there has been no county-wide reappraisal, as definedby law, and resulting assessed value of property between January 1,1986 and December 31, 2000.Real property in such a county shall beadjusted according to the provisions of this section. 
(2)Upon the completion of the adjustments to assessed value required bythis section each taxpayer of that county shall be entitled to applythe provision of Section 1 of this Amendment to the real property ownedby them. 
(b)The county assessor, or other official or officials designated bylaw, shall compare the assessed value of each parcel of real propertyto the prior year's assessed value. If assessed value of the parcelincreased, then the assessed value of the parcel for the firstassessment resulting from reappraisal shall be adjusted by addingone-third (1/3) of the increase to the assessed value of the parcel forthe previous year.An additional one-third (1/3) of the increase shallbe added in each of the next two (2) years.This adjustment procedureshall not apply to public utility and carrier property.Public utilityand carrier property shall be adjusted pursuant to Section 1. 
(c)No adjustment shall be made for newly discovered real property, newconstruction, or to substantial improvements to real property. 
3. Annual state credit. 
The General Assembly shall provide by law for an annual state creditagainst ad valorem property tax on a homestead in an amount of not lessthan three hundred dollars ($300).The credit shall not exceed theamount of ad valorem property taxes owed.The credit shall applybeginning for taxes due in calendar year 2001.This section shall beapplied in a manner that would not impair a bond holder's interest inad valorem debt service revenues. 
4.Incomeadjustments-Personalpropertymillagerate-Uniformpropertytaxraterequirement - Reassessment - Rollback adjustments. 
 (a)The General Assembly shall, by law, provide for proceduresto be followed with respect to adjusting ad valorem taxes or millagepledged for bonded indebtedness purposes, to assure that the tax ormillage levied for bonded indebtedness purposes will, at all times,provide a level of income sufficient to meet the current requirementsof all principal, interest, paying agent fees, reserves, and otherrequirements of the bond indenture. 
(b)The millage rate levied against taxable personal property andutility and regulated carrier property in each taxing unit in the stateshall be equal to the millage rate levied against real property in eachtaxing unit in the state.Personal property millage rates currently notequal to real estate millage rates shall be reduced to the level of thereal estate millage rate; except to the extent necessary to provide alevel of income sufficient to meet the current requirements of allprincipal, interest, paying agent fees, reserves, and otherrequirements of the bond indenture. 
(c)The provisions of this section shall not affect or repeal therequired uniform rate of ad valorem property tax set forth in Amendment74. 
(d)The General Assembly may, by law, prescribe the method and means forreassessing real property and establish the frequency ofreassessment.However, reassessment shall occur at least once every five(5) years. 
(e)Rollback adjustments under Article 16, Section 14 shall bedetermined after the adjustments are made to assessed value under thisAmendment. 


Amend. 80. 
 Qualifications of justices and judges. 
Section: 
 1. Judicial power. 
 2. Supreme Court. 
 3. Rules of pleading, practice and procedure. 
 4. Superintending control. 
 5. Court of Appeals. 
 6. Circuit courts. 
 7. District courts. 
 8. Referees, masters and magistrates. 
 9. Annulment or amendment of rules. 
 10. Jurisdiction, venue, circuits, districts and number ofjudges. 
 11. Right of appeal. 
 12. Temporary disqualification of justices or judges. 
 13. Assignment of special and retired judges. 
 14. Prohibition of practice of law. 
 15. Prohibition of candidacy for non-judicial office. 
 16. Qualifications and terms of justices and judges. 
 17. Election of circuit and district judges. 
 18. Election of Supreme Court Justices and Court of AppealsJudges. 
 19. Transition provisions, tenure of present justices andjudges, and jurisdiction of presentcourts. 
 20. Prosecuting attorneys. 
 21. Effective date. 
 22. Repealer. 
1. Judicial power. 
The judicial power is vested in the Judicial Department of stategovernment, consisting of a Supreme Court and other courts establishedby this Constitution. 
2. Supreme Court. 
 (A)The Supreme Court shall be composed of seven Justices, oneof whom shall serve as Chief Justice. The Justices of the Supreme Courtshall be selected from the State at large. 
(B)The Chief Justice shall be selected for that position in the samemanner as the other Justices are selected. During any temporary periodof absence or incapacity of the Chief Justice, an acting Chief Justiceshall be selected by the Court from among the remaining justices. 
(C)The concurrence of at least four justices shall be required for adecision in all cases. 
(D)The Supreme Court shall have: 
(1)Statewide appellate jurisdiction; 
(2)Original jurisdiction to issue writs of quo warranto to all personsholding judicial office, and to officers of political corporations whenthe question involved is the legal existence of such corporations; 
(3)Original jurisdiction to answer questions of state law certified bya court of the United States, which may be exercised pursuant toSupreme Court rule; 
(4)Original jurisdiction to determine sufficiency of state initiativeand referendum petitions and proposed constitutional amendments; and 
(5)Only such other original jurisdiction as provided by thisConstitution. 
(E)The Supreme Court shall have power to issue and determine any andall writs necessary in aid of its jurisdiction and to delegate to itsseveral justices the power to issue such writs. 
(F)The Supreme Court shall appoint its clerk and reporter. 
(G)The sessions of the Supreme Court shall be held at such times andplaces 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 andprocedure for all courts; provided these rules shall not abridge,enlarge or modify any substantive right and shall preserve the right oftrial by jury as declared in this Constitution. 
4. Superintending control. 
The Supreme Court shall exercise general superintending control overall courts of the state and may temporarily assign judges, with theirconsent, to courts or divisions other than that for which they wereelected or appointed. These functions shall be administered by theChief Justice. 
5. Court of Appeals. 
There shall be a Court of Appeals which may have divisions thereof asestablished by Supreme Court rule. The Court of Appeals shall have suchappellate jurisdiction as the Supreme Court shall by rule determine andshall be subject to the general superintending control of the SupremeCourt. Judges of the Court of Appeals shall have the samequalifications as Justices of the Supreme Court. 
6. Circuit courts. 
 (A)Circuit Courts are established as the trial courts oforiginal jurisdiction of all justiciable matters not otherwise assignedpursuant to this Constitution. 
(B)Subject to the superintending control of the Supreme Court, theJudges of a Circuit Court may divide that Circuit Court into subjectmatter divisions, and any Circuit Judge within the Circuit may sit inany division. 
(C)Circuit Judges may temporarily exchange circuits by joint order. AnyCircuit Judge who consents may be assigned to another circuit fortemporary service under rules adopted by the Supreme Court. 
(D)The Circuit Courts shall hold their sessions in each county at suchtimes and places as are, or may be, prescribed by law. 
7. District courts. 
 (A)District Courts are established as the trial courts oflimited jurisdiction as to amount and subject matter, subject to theright of appeal to Circuit Courts for a trial de novo. 
(B)The jurisdictional amount and the subject matter of civil cases thatmay be heard in the District Courts shall be established by SupremeCourt rule. District Courts shall have original jurisdiction,concurrent with Circuit Courts, of misdemeanors, and shall also havesuch other criminal jurisdiction as may be provided pursuant to Section10 of this Amendment. 
(C)There shall be at least one District Court in each county. If thereis only one District Court in a county, it shall have county-widejurisdiction. Fines and penalties received by the district court shallcontinue to be distributed in the manner provided by current law,unless and until the General Assembly shall establish a new method ofdistribution. 
(D)A District Judge may serve in one or more counties. Subject to thesuperintending control of the Supreme Court, the Judges of a DistrictCourt may divide that District Court into subject matter divisions, andany 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 fortemporary service under rules adopted by the Supreme Court. 
8. Referees, masters and magistrates. 
 (A)A Circuit Court Judge may appoint referees or masters, whoshall have power to perform such duties of the Circuit Court as may beprescribed by Supreme Court rule. 
(B)With the concurrence of a majority of the Circuit Court Judges ofthe Circuit, a District Court judge may appoint magistrates, who shallbe subject to the superintending control of the District Court andshall have power to perform such duties of the District Court as may beprescribed 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, inwhole or in part, by a two-thirds (2/3) vote of the membership of eachhouse of the General Assembly. 
10. Jurisdiction, venue, circuits, districts and number of judges. 
The General Assembly shall have the power to establish jurisdiction ofall courts and venue of all actions therein, unless otherwise providedin this Constitution, and the power to establish judicial circuits anddistricts and the number of judges for Circuit Courts and DistrictCourts, provided such circuits or districts are comprised of contiguousterritories. 
11. Right of appeal. 
There shall be a right of appeal to an appellate court from the CircuitCourts and other rights of appeal as may be provided by Supreme Courtrule or by law. 
12. Temporary disqualification of justices or judges. 
No Justice or Judge shall preside or participate in any case in whichhe or she might be interested in the outcome, in which any party isrelated to him or her by consanguinity or affinity within such degreeas prescribed by law, or in which he or she may have been counsel orhave presided in any inferior court. 
13. Assignment of special and retired judges. 
 (A)If a Supreme Court Justice is disqualified or temporarilyunable to serve, the Chief Justice shall certify the fact to theGovernor, who within thirty (30) days thereafter shall commission aSpecial Justice, unless the time is extended by the Chief Justice upona showing by the Governor that, in spite of the exercise of diligence,additional time is needed. If the Governor fails to commission aSpecial Justice within thirty (30) days, or within any extended periodgranted by the Chief Justice, the Lieutenant Governor shall commissiona Special Justice. 
(B)If a Judge of the Court of Appeals is disqualified or temporarilyunable to serve, the Chief Judge shall certify the fact to the ChiefJustice who shall commission a Special Judge. 
(C)If a Circuit or District Judge is disqualified or temporarily unableto serve, or if the Chief Justice shall determine there is other needfor a Special Judge to be temporarily appointed, a Special Judge may beassigned by the Chief Justice or elected by the bar of that Court,under rules prescribed by the Supreme Court, to serve during the periodof temporary disqualification, absence or need. 
(D)In naming Special Justices and Judges, the Governor or the ChiefJustice 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 fortemporary judicial service shall meet the qualifications of Justices orJudges 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 lawduring their respective terms of office. The General Assembly may, byclassification, 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-judicialgovernmental office, that candidate's judicial office shall immediatelybecome vacant. 
16. Qualifications and terms of justices and judges. 
 (A)Justices of the Supreme Court and Judges of the Court ofAppeals shall have been licensed attorneys of this state for at leasteight years immediately preceding the date of assuming office. Theyshall serve eight-year terms. 
(B)Circuit Judges shall have been licensed attorneys of this state forat 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 forat 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 thegeographical area from which they are chosen, and Circuit and DistrictJudges shall reside within that geographical area at the time ofelection and during their period of service. A geographical area mayinclude any county contiguous to the county to be served when there areno qualified candidates available in the county to be served. 
(E)The General Assembly shall by law determine the amount and method ofpayment of Justices and Judges. Such salaries and expenses may beincreased, but not diminished, during the term for which such Justicesor Judges are selected or elected. Salaries of Circuit Judges shall beuniform throughout the state. 
(F)Circuit, District, and Appellate Court Judges and Justices shall notbe allowed any fees or perquisites of office, nor hold any other officeof trust or profit under this state or the United States, except asauthorized by law. 
17. Election of circuit and district judges. 
 (A)Circuit Judges and District Judges shall be elected on anonpartisan basis by a majority of qualified electors voting for suchoffice within the circuit or district which they serve. 
(B)Vacancies in these offices shall be filled as provided by thisConstitution. 
18. Election of Supreme Court Justices and Court of Appeals Judges. 
 (A)Supreme Court Justices and Court of Appeals Judges shallbe elected on a nonpartisan basis by a majority of qualified electorsvoting for such office. Provided, however, the General Assembly mayrefer the issue of merit selection of members of the Supreme Court andthe Court of Appeals to a vote of the people at any general election.If the voters approve a merit selection system, the General Assemblyshall enact laws to create a judicial nominating commission for thepurpose of nominating candidates for merit selection to the SupremeCourt and Court of Appeals. 
(B)Vacancies in these offices shall be filled by appointment of theGovernor, unless the voters provide otherwise in a system of meritselection. 
19.Transitionprovisions,tenureofpresentjusticesandjudges,andjurisdictionofpresent courts. 
 (A)Tenure of Present Justices and Judges. 
(1)Justices of the Supreme Court and Judges of the Court of Appeals inoffice at the time this amendment takes effect shall continue in officeuntil the end of the terms for which they were elected or appointed. 
(2)All Circuit, Chancery, and Circuit-Chancery Judges in office at thetime this Amendment takes effect shall continue in office as CircuitJudges until the end of the terms for which they were elected orappointed; provided further, the respective jurisdictionalresponsibilities for matters legal, equitable or juvenile in nature aspresently exercised by such Judges shall continue until changedpursuant to law. 
(3)Municipal Court Judges in office at the time this Amendment takeseffect shall continue in office through December 31, 2004; provided, ifa vacancy occurs in an office of a Municipal Judge, that vacancy shallbe filled for a term which shall end December 31, 2004. 
(B)Jurisdiction of Present Courts. 
(1)The Jurisdiction conferred on Circuit Courts established by thisAmendment includes all matters previously cognizable by Circuit,Chancery, Probate and Juvenile Courts including those matters repealedby Section 22 of this Amendment. The geographic circuits and subjectmatter divisions of these courts existing at the time this Amendmenttakes effect shall become circuits and divisions of the Circuit Courtas herein established until changed pursuant to this Amendment. CircuitCourts shall assume the jurisdiction of Circuit, Chancery, Probate andJuvenile Courts. 
(2)District Courts shall have the jurisdiction vested in MunicipalCourts, 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 oflimited jurisdiction and other jurisdiction conferred in this Amendmenton January 1, 2005. City Courts shall continue in existence after theeffective date of this Amendment unless such City Court is abolished bythe governing body of the city or by appropriate action of the GeneralAssembly. Immediately upon abolition of such City Court, thejurisdiction of the City Court shall vest in the nearest District Courtin the county where the city is located. 
(C)Continuation of Courts. The Supreme Court provided for in thisAmendment shall be a continuation of the Supreme Court now existing.The Court of Appeals shall be regarded as a continuation of the Courtof Appeals now existing. All laws and parts of laws relating to theSupreme Court and to the Court of Appeals which are not in conflict orinconsistent with this Amendment shall remain in full force and effectand shall apply to the Supreme Court and Court of Appeals,respectively, established by this Amendment until amended, repealed orsuperseded by appropriate action of the General Assembly or the SupremeCourt pursuant to this Amendment. The Circuit Courts shall be regardedas a continuation of the Circuit, Chancery, Probate and Juvenile Courtsnow existing. Effective January 1, 2005, the District Courts shall beregarded as a continuation of the Municipal Courts, Corporation Courts,Police Courts, Justice of the Peace Courts and Courts of Common Pleasnow existing. All the papers and records pertaining to these courtsshall be transferred accordingly, and no suit or prosecution of anykind or nature shall abate because of any change made by thisAmendment. All writs, actions, suits, proceedings, civil or criminalliabilities, prosecutions, judgments, decrees, orders, sentences,regulations, causes of action and appeals existing on the effectivedate of this Amendment shall continue unaffected except as modified inaccordance with this Amendment. 
20. Prosecuting attorneys. 
A Prosecuting Attorney shall be elected by the qualified electors ofeach judicial circuit. Prosecuting Attorneys shall have been licensedattorneys of this state for at least four years immediately precedingthe date of assuming office. They shall be qualified electors withinthe judicial circuit from which they are elected and shall residewithin that geographical area at the time of the election and duringtheir period of service. They shall serve four-year terms. 
21. Effective date. 
This Amendment shall become effective on July, 2001. 
22. Repealer. 
 (A)The following sections of Article 7 of the Constitution ofthe State of Arkansas are hereby repealed effective July 1, 2001; 1through 18; 20 through 22; 24; 25; 32; 34; 35; 39; 40; 42; 44; 45 and50. 
(B)Sections 34 and 35 of Article 7 of the Constitution of the State ofArkansas, as amended by Sections 1 and 2 of Amendment 24, are herebyrepealed effective July 1, 2001. 
(C)Section 43 of Article 7 of the Constitution of the State of Arkansasis hereby repealed effective January 1, 2005. 
(D)Section 1 of Amendment 58 of the Constitution of the State ofArkansas is hereby repealed effective July 1, 2001. 
(E)Section 1 of Amendment 64 of the Constitution of the State ofArkansas is hereby repealed effective January 1, 2005. 
(F)Section 1 of Amendment 77 of the Constitution of the State ofArkansas is hereby repealed effective July 1, 2001. 
(G)No other provision of the Constitution of the State of Arkansasshall be repealed by this Amendment unless the provision is inirreconcilable conflict with the provisions of this Amendment. 
—————————— 
 Amend. 81. 
Protection of the Secrecy of Individual Votes (Const., Amend. 50, §3Repealed). 
Preambles. This amendment contained a preamble which read: 'BE ITRESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-THIRD GENERALASSEMBLY OF THE STATE OF ARKANSAS AND BY THE SENATE, A MAJORITY OF ALLMEMBERS ELECTED TO EACH HOUSE AGREEING THERETO: 
'That the following is hereby proposed as an amendment to theConstitution of the State of Arkansas, and upon being submitted to theelectors of the state for approval or rejection at the next generalelection for Representatives and Senators, if a majority of theelectors voting thereon at such election, adopt such amendment, thesame shall become a part of the Constitution of the State of Arkansas,to wit:' 
—————————— 
Amend. 82. 
Obligation Bonds for Economic Development. 
(a) In order for the State of Arkansas to effectively compete for largeeconomic development projects, the Arkansas General Assembly, meetingin special or regular session, may authorize the Arkansas DevelopmentFinance Authority to issue general obligation bonds to financeinfrastructure or other needs to attract large economic developmentprojects. (b)Bonds may be issued for an amount up to five percent (5%)of state general revenues collected during the most recent fiscal year.
(c) Infrastructure needs may include, but are not limited to: 
(1)Land acquisition; 
(2)Site preparation; 
(3)Road and highway improvements; 
(4)Rail spur construction; water service; 
(5)Wastewater treatment; 
(6)Employee training which may include equipment for such purpose; 
(7)Environmental mitigation; and 
(8)Training and research facilities and the necessary equipmenttherefore. 
(d)The General Assembly may authorize the issuance of bonds bearing thefull faith and credit of the State of Arkansas if the prospectiveemployer planning an economic development project is eligible undercriteria established by law. 
(e)The bonds shall be paid for in full by general or special revenuesappropriated by the General Assembly until the bonds have been retiredand all obligations associated with the issuance of the bonds have beenmet.(Amended by Const. Amend. 90.) 
(f) Bonds may be issued under this amendment pursuant to an act of theGeneral Assembly without voter approval. 

Amend. 83. 
Marriage. 
Section: 
 1. Marriage. 
 2. Marital status. 
 3. Capacity, rights, obligations, privileges, and immunities.
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 substantiallysimilar to marital status shall not be valid or recognized in Arkansas,except that the legislature may recognize a common law marriage fromanother 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 tomarry, subject to this amendment, and the legal rights, obligations,privileges, and immunities of marriage. 
—————————— 
Amend. 84 
Bingo and Raffles 
1. Bingo and Raffles: As used in this section 
(1) “Authorized bingo and raffles organization” means a nonprofittax-exempt religious, educational, veterans, fraternal, service, civic,medical, volunteer rescue service, volunteer firefights organization,or volunteer police organization that has been in continuing existenceas a nonprofit tax-exempt organization in this state for a period ofnot less than five (5) years immediately prior to conducting the gameof bingo or raffles; 
(2)(A) “Game of bingo” means a single game of the activity commonlyknown as “bingo” inwhich the participants pay a sum of money for theuse of one (1) or more bingo cards. (B) “Game of bingo” shall includeonly games in which the winner receives a preannounced,fixed-dollarprize and in which the winner is determined by the matching of lettersand numbers on a bingo card imprinted with at least twenty-four (24)numbers, with letters and numbers appearing on objects randomly drawnand announced by a caller, in contemporaneous competition among allplayers in the game; and 
(3) “Raffle” means the selling of tickets or chances to win a prizeawarded through a randomdrawing. 
(b)(1) The game of bingo or raffles conducted by an authorized bingoand raffles organization shall not be a lottery prohibited by Section14 of Article 19 of the Arkansas Constitution if all net receipts overand above the actual cost of conducting the game or raffle are usedonly for charitable, religious, or philanthropic purposes. 
(2) No receipts shall be used to compensate in any manner any personwho works for or is in any way affiliated with the authorized bingo andraffles organization. 
(c) The General Assembly shall provide by law for the licensure andregulation of authorized bingo and raffles organizations to conduct thegame or bingo or raffles and may levy taxes on the activities. 
2. Effective Date 
This amendment becomes effective on January 1, 2007. —————————— 
Amend. 85 
 Concerning voting, qualifications of voters and electionofficers, and the timeof holding General Elections. 
Amended Ark. Const., Art. 3, §§ 1,2, repealed Ark. Const., Art. 3 § 5,and amended. Ark Const., Art 3, §§ 8 and 10. 
Amend. 86 
 Providing for annual sessions of the General Assembly. 
Amended Ark. Const., Art. 5, §§5, 17, 29, 34, 39, 40, and Ark. Const.Amend. 35, § 7. 160 

Amend. 87 
Authorizing the General Assembly to establish, operate , and regulatestateLotteries. 
Amended Ark. Const., Art 19 § 14. 
Amend. 88 
Right to Hunt, Fish, Trap, and Harvest Wildlife. 
(a)(1)Citizens of the State of Arkansas have a right to hunt, fish,trap, and harvest wildlife. 
(2) The right to hunt, fish, trap, and harvest wildlife shall besubject only to regulations that promote sound wildlife conservationand management and are consistent with Amendment 35 of the ArkansasConstitution. 
(b)Publichunting,fishing,andtrappingshallbeapreferredmeansofmanagingandcontrollingnon-threatenedspeciesandcitizensmayusetraditionalmethodsforharvestingwildlife. 
(c)Nothing in this amendment shall be construed to alter, repeal, ormodify: 
(1) Any provision of Amendment 35 to the Arkansas Constitution; 
(2)Anycommonlaworstatuterelatingtotrespass,privatepropertyrights,eminentdomain, public ownership of property, or any law concerning firearmsunrelated to hunting; or 
(3) The sovereign immunity of the State of Arkansas. 
Amend. 89 
GOVERNMENTALBONDSANDLOANS—INTERESTRATES—ENERGY 
EFFICIENCY PROJECTS (CONST. ART. 19, § 13 REPEALED, CONST. AMEND. 30, §5, AMEND. 38, § 5, AMEND. 62, § 1, AMEND. 65, § 4, AND AMEND. 78, § 2AMENDED). 
§ 1. Governmental Bonds and Loans. 161 

§ 2. Loans by Federally Insured Depository Institutions. 
§ 3. Other Loans. 
§ 4. Energy Efficiency Project Bonds – Issuance – Terms and Conditions.
§ 5. Definitions. 
§ 6. Miscellaneous. 
§ 7. [Ballot Title] 
§ 8. [Interest Rate Limits] 
§ 9. [Application of Amendment] 
§ 10. [Amendment Provisions] 
§ 11. [Three-fourths vote] 
§ 12. [Applicability] 
§ 13. [Effective Date] 
§ 14. [Repealer] 
This amendment repealed Ark. Const., Art. 19, § 13 and amended Ark.Const., Amend. 30, § 5, Amend. 38, § 5, Amend. 62, § 1, Amend. 65, § 4,and Amend. 78, § 2. The amendments to those sections, effective January1, 2011, are incorporated within those sections. The amendment wasproposed by H.J.R. 1004 and was adopted at the 2010 general election bya vote of 448,711 for and 250,167 against. 
Ballot Title. 
Requirement of Separate Vote. 
Ballot Title. 
Ballottitleforaproposedconstitutionalamendment,nowcodifiedasthisamendment,complied with Ark. Const. Art. 19, § 22 in that it identified anddistinguished the amendment andwasnotwordedinsomewayastoconstituteamanifestfrauduponthepublic.Forresterv. Martin, 2011 Ark. 277, — S.W.3d — (2011).In the case ofproposed constitutional amendment, now codified as this amendment, §7-9-204,wasatvariancewithArk.Const.Art.19,§22,andviolatedtheArkansasConstitution.Forrester v. Martin, 2011 Ark. 277, — S.W.3d — (2011). 
Requirement of Separate Vote. 162 
Thisamendment,whichconcernedpublicandprivatedebtobligation,didnotviolatetheseparate-issue requirement under Ark. Const. Art. 19, § 22 because eachrelevant section relatedtothegeneralsubjectoftheamendmentandwasreasonablygermanetotheothersections.
Forrester v. Martin, 2011 Ark. 277, — S.W.3d — (2011). 
§ 1. Governmental Bonds and Loans. 
(a)ThemaximumlawfulratesofinterestonbondsissuedbygovernmentalunitsintheState of Arkansas as set forth in various provisions and amendments tothe Arkansas Constitution of 1874, including Article 19, § 13, andAmendment Nos. 30, 38, 62, 65, and 78 are removed. 
(b)The maximum lawful rate of interest on loans made by or togovernmental units in theStateofArkansasassetforthinArticle19,§13oftheArkansasConstitutionof1874isremoved. 
(c)ExceptasmaybeestablishedbytheGeneralAssemblypursuanttoSection8ofthisamendment, there shall be no maximum lawful rate on bonds issued by andloans made by or to governmental units. 
§ 2. Loans by Federally Insured Depository Institutions. 
Themaximumlawfulrateofinterest,discountpoints,financecharges,orothersimilarchargesthatmaybecharged,taken,received,orreservedfromtimetotimeinanyloanorfinancing transaction by or to any federally insured depositoryinstitution having its main officeinthisStateshallbethemaximumrateofinterestthatwasapplicabletofederallyinsureddepository 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 describedin Sections 1 and 2 shall not exceed seventeen percent (17%) per annum.
§ 4. Energy Efficiency Project Bonds – Issuance – Terms and Conditions.
(a)A governmental unit, under laws adopted by the General Assembly, mayissue bonds tofinancealloraportionofthecostsofenergyefficiencyprojects.Thebondsmaybearsuchterms, be issued in such manner, and be subject to such conditions asmay be authorized by the General Assembly. The bonds authorized bySection 4 shall be governmental bonds subject to the provisions ofSection 1 of this amendment. 
(b)Bonds may be secured by a pledge of the savings from the energyefficiency project and may be repaid from general revenues, specialrevenues, revenues derived from taxes or any other revenues availableto the governmental unit. 
(c)The authority conferred by this Section 4 shall be supplemental toother constitutional provisions which authorize the issuance of bonds. 
§ 5. Definitions. 
(a)The term “bonds” means all bonds, notes, certificates, financingleases, or other interest- bearing instruments or evidences ofindebtedness. 
(b)The term “Federal Reserve Primary Credit Rate” means the PrimaryCredit Rate, or suchsuccessor rate, as established by and in effect inthe Federal Reserve Bank in the Federal Reserve District in whichArkansas is located. 
(c)The term “federally insured depository institution” means a statebank, a national bank,or a savings association, as such terms aredefined in 12 U.S.C. § 1813 as such statute existed on January 1, 2009,the deposits of which are insured by the Federal Insurance DepositCorporation, or its successor. 
(d)The term “governmental unit” means the State of Arkansas; anycounty, municipality, school district, or other political subdivisionof the State of Arkansas; any special assessment ortaxingdistrictestablishedunderthelawsoftheStateofArkansas;andanyagency,board,commission, or instrumentality of any of the foregoing. 
(e)Theterm“loanorfinancingtransactionbyortoafederallyinsureddepositoryinstitution”means all direct or indirect advances of funds and moneys that areconditioned on theobligation of a person or entity to repay the fundsand moneys pursuant to loan agreements, lease agreements, installmentsale agreements, security agreements, notes, bill of exchange, or otherevidence of debt or other instruments or documents evidencing theindebtedness and are made by or to a federally insured depositoryinstitution. 
(f)The term “loans made by or to governmental units” means all director indirectadvancesoffundsandmoneysthatareconditionedontheobligationofapersonorentitytorepaythefunds and moneys pursuant to loan agreements, lease agreements,installment sale agreements, security agreements, notes, or otherinstruments or documents evidencing the indebtedness and are made by orto governmental units. 
§ 6. Miscellaneous. 
(a)Theprovisionsofthisamendmentarenotintendedandshallnotbedeemedtosupersedeorotherwiseinvalidateanyprovisionsoffederallawapplicabletoloansorinterestrates including loans secured by residential real property. 
(b)All contracts under Section 3 having a rate of interest in excess ofthe maximum lawful rate shall be void as to principal and interest andthe General Assembly shall prohibit the same by law. 
§ 7. [Ballot Title] 
The ballot title for this amendment shall be: 
An amendment providing that constitutional provisions setting themaximum lawful rate of 164interestonbondsissuedbyandloansmadebyortogovernmentalunitsarerepealed;themaximumlawfulrateofinterestonloansbyfederallyinsureddepositoryinstitutionsshallremain at the rate resulting from the federal preemption effective onMarch 1, 2009; establishing that the maximum lawful rate of interest onany other loan or contract shall not exceed seventeenpercent(17%)perannum;authorizinggovernmentalunitstoissuebondstofinanceenergyefficiencyprojectsandallowingsuchbondstoberepaidfromanysourceincludinggeneralrevenues derived from taxes; providing that any federal laws applicableto loans or interest ratesarenotsupersededbytheamendment;andrepealingArticle19,§13,andtheinterestrateprovisions of Amendment Nos. 30, 38, 62, 65, and 78 of the ArkansasConstitution. 
§ 8. [Interest Rate Limits] 
Nothing in this amendment shall limit the power of the General Assemblyto fix, from time to time, one or more interest rate limits on varioustypes 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 orcircumstances is held invalid, the remainder of the amendment and itsapplication to persons or circumstances other than those to which it isheld invalid shall not be affected. 
§ 10. [Amendment Provisions] 
The provisions of this amendment, other than the provisions of Section4 of this amendment, shall be self-executing. 
§ 11. [Three-fourths vote] 
The General Assembly may by a three-fourths vote of each house of theGeneral Assemblyamendtheprovisionsofthisamendmentsolongastheamendmentsaregermanetothisamendment and consistent with its policy and purposes. 
§ 12. [Applicability] 
The provisions of this amendment shall apply to all bonds issued andloans made after the effective date of this amendment. 
§ 13. [Effective Date] 165 
The effective date of this amendment is January 1, 2011. 
§ 14. [Repealer] 
This amendment shall repeal Article 19, § 13, and the interest rateprovisions of Amendment Nos. 30, 38, 62, 65, and 78 of the ArkansasConstitution. 
Amend. 90 
BONDS FOR ECONOMIC DEVELOPMENT (CONST. AMEND. 82 AMENDED). 166