AG Opinion: Previous Service Does Count Against 16-Year Term Limit
by January 6, 2015 5:27 pm 123 views
Years served in the Arkansas Legislature prior to the passage of Amendment 94 do count towards the 16-year term limit passed by voters in November, according to an opinion issued by Attorney General Dustin McDaniel’s office Tuesday.
The opinion was released as a result of a question requested by Sen. Jon Woods, R-Springdale, one of the legislative sponsors of the act that placed the question before voters.
Issue No. 3, now Amendment 94, allows for state lawmakers to serve a total of 16 years in either the House or Senate chamber of the Legislature. The 16 year limit could be all in one chamber or a combination of the two chambers.
Questions had been raised as to whether the 16-year limit began with this current term, regardless of how many years legislators have served previously. The limitation took effect Nov. 5 and applies only to years served after Jan. 1, 1993, according to McDaniel.
“The framers of Amendment 94 are presumed to have acted with full knowledge of the existing provisions of Amendment 73, including the Arkansas Supreme Court’s holding that Amendment 73 applies to periods of service commencing on or after January 1, 1993,” McDaniel opined. “When Amendment 94 ‘fits into’ the existing constitution, therefore, the result is a constitutional term-limits amendment that sets a sixteen-year limit on service as of November 5, 2014, with years served after January 1, 1993, counted for limitation purposes.”
The opinion also found that two-year terms served as a result of Senate reapportionment do not count against a member’s 16 years under Amendment 94.
State Senate seats are redrawn after each census, resulting in 18 senators serving only a two-year term before being required to campaign again for re-election.
The AG’s opinion also states that partial legislative terms served as a result of a special election are not included in the 16-year maximum.
“I’m pleased with the opinion, and it’s right on target with what I thought, and I’m very satisfied, and I’m glad this distraction is now resolved and we can move on to other issues,” Sen. Woods said.