Nearly 40 Constitutional Amendment Proposals Filed

Competition for legislative referrals to the ballot next year may very well be greater than expected as nearly 40 proposed constitutional amendments were filed by state lawmakers this session.

Wednesday was the deadline for legislators to turn in proposals in order to be considered for the November 2016 general election. The Arkansas Legislature can refer to voters up to three proposed amendments to the state Constitution.

One of the measures filed involves tort reform, while several other proposals involved the power of elected officials, ranging from the duties of a governor who is out of state and whether or not the lieutenant governor’s office should be repealed.

One potential amendment could redefine the selection of Supreme Court justices, while another specified what an “infamous crime” would be.

The following is a breakdown of some of the measures that will be under consideration by legislators for possible referral to voters in 2016:

TORT REFORM
Sen. Jeremy Hutchinson, R-Little Rock, filed Senate Joint Resolution 14 Wednesday.

Under the potential amendment, the state legislature would have the power to create laws “prescribing the amount of compensation to be paid by employers for injuries to or death of employees, and to whom said payment shall be made.”

The constitutional proposal would also cap punitive damages in civil cases at $1 million. However, the amount of punitive damages that may be awarded can be unlimited if a limitation exists on the amount of noneconomic damages that may be awarded in the civil case.

Tort reform has been a hot-button issue in other states. Supporters say the laws have stopped unnecessary lawsuits and streamlined the court system, while opponents have said lawsuits give people who have been harmed an opportunity to seek damages.

GOVERNOR/LT. GOVERNOR
Sen. Eddie Joe Williams, R-Cabot, filed Senate Joint Resolution 3 in November.

The proposed constitutional amendment would allow the governor to retain his powers and duties if out-of-state. Under current law, if a governor leaves the state, his powers are transferred to the lieutenant governor.

Rep. Julie Mayberry, R-Hensley, filed three resolutions – House Joint Resolutions 1024, 1025 and 1026 – involving the lieutenant governor’s office.

HJR 1026 would abolish the office as of Jan. 1, 2019, allow the Secretary of State to assume the duties of the governor if he or she leaves the state or cannot serve, and sets the roles of state legislative leaders on the issue.

JUDICIARY
The way that state Supreme Court justices are chosen may change under a proposed amendment.

Rep. Matthew Shepherd, R-El Dorado, filed House Joint Resolution 1005 Tuesday.

Under the measure, the justices would be nominated by a selection process for a gubernatorial appointment and a system of retention where voters could decide to keep them would be defined.

The proposal would also create a 15-member commission that would choose justices using a merit selection system.

VOTER ID
Sen. Bryan King, R-Green Forest, filed Senate Joint Resolution 7 Wednesday.

Under the resolution, a person voting in person during an election must present a valid government-issued identification card before they can get a ballot.

The identification cards would be given to voters at no charge if they do not have an ID, King’s bill said.

The Arkansas General Assembly would be in charge of setting the rules on the types of identification a person may present.

The Arkansas Supreme Court has found a voter ID law in the state is unconstitutional. Supporters of the concept say it would alleviate concerns of voter fraud, while opponents contend such laws disenfranchise minorities and others.

OTHER AMENDMENTS
The following are a list of other proposed amendments filed:

House Joint Resolution 1002 (Rep. Dan Douglas, R-Bentonville) – AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO ABOLISH THE FISCAL SESSION OF THE GENERAL ASSEMBLY; AND TO PROVIDE THAT THE GENERAL ASSEMBLY MEET EVERY TWO (2) YEARS.

House Joint Resolution 1004 (Rep. Nate Bell, R-Mena) – AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO PROVIDE THAT STATE FUNDS EXPENDED IN SUPPORT OF PUBLIC EDUCATION NOT EXCEED A CERTAIN PERCENTAGE OF OVERALL STATE EXPENDITURES.

House Joint Resolution 1006 (Rep. David Branscum, R-Marshall) – AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO DEFINE THE TERM “INFAMOUS CRIME” AS USED IN ARKANSAS CONSTITUTION, ARTICLE 5, SECTION 9.

House Joint Resolution 1007 (Rep. Mark Lowery, R-Maumelle) – AN AMENDMENT TO THE ARKANSAS CONSTITUTION REQUIRING THE PRESENTATION OF CERTAIN IDENTIFICATION WHEN CASTING A BALLOT.

House Joint Resolution 1008 (Rep. Mickey Gates, R-Hot Springs) – AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO ALLOW THE GENERAL ASSEMBLY TO DETERMINE THE MANNER OF PUBLISHING NOTICES REQUIRED BY VARIOUS SECTIONS OF THE ARKANSAS CONSTITUTION.

House Joint Resolution 1009 (Rep. Andy Davis, R-Little Rock) – A CONSTITUTIONAL AMENDMENT AUTHORIZING THE GENERAL ASSEMBLY TO ENACT LAWS CONCERNING RULES OF PLEADING, PRACTICE, AND PROCEDURE IN CIVIL CASES.

House Joint Resolution 1010 (Rep. Andy Davis, R-Little Rock) – A CONSTITUTIONAL AMENDMENT CONCERNING COURT RULES AND PROCEDURES APPLICABLE TO CIVIL CLAIMS.

House Joint Resolution 1011 (Rep. Andy Davis, R-Little Rock) – A CONSTITUTIONAL AMENDMENT AUTHORIZING THE GENERAL ASSEMBLY TO ENACT LAWS REGULATING THE AWARD OF DAMAGES IN CIVIL CASES.

House Joint Resolution 1012 (Rep. Nate Bell, R-Mena) – A CONSTITUTIONAL AMENDMENT AUTHORIZING THE GENERAL ASSEMBLY TO ENACT LAWS GOVERNING ELECTIONS IN WHICH THERE IS ONLY ONE CANDIDATE FOR AN OFFICE.

House Joint Resolution 1013 (Rep. Nate Bell, R-Mena) – A CONSTITUTIONAL AMENDMENT CONCERNING THE PROVISION OF AN ADEQUATE EDUCATION TO ARKANSAS STUDENTS.

House Joint Resolution 1014 (Rep. Jim Dotson, R-Bentonville) – AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING JUDICIAL PROCEDURES PERTAINING TO CIVIL LITIGATION.

House Joint Resolution 1015 (Rep. Jim Dotson, R-Bentonville) – A CONSTITUTIONAL AMENDMENT CONCERNING THE ELECTION OF JUDICIAL DEPARTMENT OFFICIALS.

House Joint Resolution 1016 (Rep. Jim Dotson, R-Bentonville) – AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING THE JUDICIAL BRANCH OF STATE GOVERNMENT.

House Joint Resolution 1017 (Rep. Jim Dotson, R-Bentonville) – AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO PROVIDE THAT THE STATE HIGHWAY COMMISSION SHALL BE GOVERNED IN THE SAME MANNER AS ALL OTHER STATE AGENCIES.

House Joint Resolution 1018 (Rep. Jim Dotson, R-Bentonville) – AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING THE GOVERNANCE OF STATE AGENCIES.

House Joint Resolution 1019 (Rep. Jim Dotson, R-Bentonville) – AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO PROVIDE THAT THE ARKANSAS STATE GAME AND FISH COMMISSION SHALL BE GOVERNED IN THE SAME MANNER AS ALL OTHER STATE AGENCIES.

House Joint Resolution 1020 (Rep. Greg Leding, D-Fayetteville) – AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING THE USE OF VOTING BY MAIL AT ELECTIONS.

House Joint Resolution 1021 (Rep. Greg Leding, D-Fayetteville) – PROPOSING TO AMEND THE ARKANSAS CONSTITUTION TO EXEMPT CERTAIN TANGIBLE PERSONAL PROPERTY FROM THE AD VALOREM TAX.

House Joint Resolution 1022 (Rep. Charles Armstrong, D-Little Rock) – PROPOSING AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING AN EXEMPTION FROM PROPERTY TAXES FOR CERTAIN VETERANS.

House Joint Resolution 1023 (Rep. Kim Hammer, R-Benton) – AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING THE PROSECUTION OF CERTAIN ALLEGED OFFENSES COMMITTED BY PUBLIC SERVANTS.

House Joint Resolution 1027 (Rep. Jack Ladyman, R-Jonesboro) – PROPOSING AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING ELECTED COUNTY OFFICIALS.

Senate Joint Resolution 1 (Sen. Eddie Joe Williams, R-Cabot) – AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING CIVIL CLAIMS AND COURT PROCEDURES.

Senate Joint Resolution 2 (Sen. Alan Clark, R-Lonsdale) – AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING TERM LIMITS FOR MEMBERS OF THE GENERAL ASSEMBLY.

Senate Joint Resolution 3 (Sen. Eddie Joe Williams, R-Cabot) – AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO ALLOW THE GOVERNOR TO RETAIN HIS OR HER POWERS AND DUTIES WHEN ABSENT FROM THE STATE.

Senate Joint Resolution 4 (Sen. Jim Hendren, R-Sulphur Springs) – A CONSTITUTIONAL AMENDMENT PROVIDING THAT AMENDMENT 33, SECTION 2, DOES NOT APPLY TO A BOARD OR COMMISSION CHARGED WITH THE MANAGEMENT OR CONTROL OF A STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION.

Senate Joint Resolution 5 (Sen. Bryan King, R-Green Forest) – PROPOSING AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING ELECTED COUNTY OFFICIALS.

Senate Joint Resolution 6 (Sen. Alan Clark, R-Lonsdale) – A CONSTITUTIONAL AMENDMENT TO ALLOW LOTTERY PROCEEDS TO BE USED FOR SCHOLARSHIPS AND GRANTS TO VOCATIONAL-TECHNICAL SCHOOLS, TECHNICAL INSTITUTES, AND TECHNICAL COLLEGES LOCATED WITHIN THE STATE OF ARKANSAS.

Senate Joint Resolution 7 (Sen. Bryan King, R-Green Forest) – AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING VOTER IDENTIFICATION WHEN CASTING A BALLOT IN PERSON.

Senate Joint Resolution 8 (Sen. Bryan King, R-Green Forest) – AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING COURT PROCEDURES APPLICABLE TO CIVIL LITIGATION.

Senate Joint Resolution 9 (Sen. Keith Ingram, D-West Memphis) – A CONSTITUTIONAL AMENDMENT TO REDUCE THE NUMBER OF DAYS THE GENERAL ASSEMBLY IS IN SESSION; AND REPEALING THE FISCAL SESSION OF THE GENERAL ASSEMBLY.

Senate Joint Resolution 10 (Sen. Keith Ingram, D-West Memphis) – AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING RETIREMENT SALARY AND PENSION FUNDS FOR MUNICIPAL POLICE OFFICERS AND MUNICIPAL FIREFIGHTERS.

Senate Joint Resolution 11 (Sen. Bryan King, R-Green Forest) – A CONSTITUTIONAL AMENDMENT CONCERNING THE SELECTION OF MEMBERS OF THE ARKANSAS STATE GAME AND FISH COMMISSION.

Senate Joint Resolution 12 (Sen. Eddie Joe Williams, R-Cabot) – AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING THE POWER OF THE GENERAL ASSEMBLY TO ENACT CERTAIN LAWS PERTAINING TO THE JUDICIAL DEPARTMENT OF GOVERNMENT.

Senate Joint Resolution 13 (Sen. Bart Hester, R-Cave Springs) – AN AMENDMENT TO THE ARKANSAS CONSTITUTION PROVIDING THAT PERSONS ELECTED TO THE OFFICE OF SHERIFF SHALL SERVE A TERM OF FOUR (4) YEARS.

SJR14 (J. Hutchinson)- AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING LIMITATIONS ON THE AWARD OF PUNITIVE DAMAGES IN CIVIL CASES.