Arkansas state lawmakers have proposed 33 constitutional amendments ranging from a proposal that would spell out rights for victims of criminal offenses or delinquent acts to a proposal that would eliminate the lieutenant governor's office.
During this year's regular session, lawmakers may refer up to three proposed constitutional amendments to voters for the 2024 general election.
By Wednesday's deadline to file proposed constitutional amendments, senators filed 20 proposals and representatives filed 13 proposals. Fourteen of the proposals are shells lacking details that may be fleshed out later.
By comparison, lawmakers filed 42 proposed constitutional amendments in 2021. Voters in November rejected all three proposed constitutional amendments referred by the Legislature in 2021.
The Senate and House State Agencies and Governmental Affairs committees typically trim the number of proposals that their chambers consider referring to voters near the end of the regular session.
Senate President Pro Tempore Bart Hester, R-Cave Springs, said he doesn't have any favorite proposals.
"My favorite is to pass no constitutional amendments right now, but we'll see," he said. "There is a lot of good things that we need to look at and address."
Sen. David Wallace, R-Leachville, filed a proposed constitutional amendment that would be known as "Marsy's Law" and provide rights for victims of criminal offenses or delinquent acts. It's Senate Joint Resolution 10.
He said Republican Gov. Sarah Huckabee Sanders' staff provided the proposal to him and indicated Sanders wants him to run the proposal.
Sanders spokeswoman Alexa Henning confirmed that the proposal is from the governor.
As for the need for his proposal, Wallace said, "We always worry about the rights of the criminal, but we never think about the people who get hurt."
Under the proposal, a victim would have 10 specified rights that "shall be protected in a manner no less vigorous than the rights afforded to the accused" in order to preserve and and protect justice for victims and due process throughout the criminal and juvenile justice systems.
These rights for victims of criminal offenses or delinquent acts would range from the right to be "treated with fairness and respect for the victim's safety, dignity and privacy," to the right to "refuse an interview, deposition or other discovery request made by the accused or any person acting on the behalf of the accused," to the right to full and timely restitution.
The proposed constitutional amendment states that it would not create any cause of action for compensation or damages against the state; any political subdivision of the state; any officer, employee or agent of the state or any of its political subdivisions; or any officer or employee of the court.
"I think the struggle will be there is always a lot of good proposals for constitutional amendments and it may get lost in the shuffle," Wallace said.
Sen. Bryan King, R-Green Forest, filed a proposed constitutional amendment that would repeal the office of lieutenant governor. Senate Joint Resolution 18 is a shell lacking details.
"Nothing personal to current Lt. gov," King said Friday in a text message to the Arkansas Democrat-Gazette, referring to Republican Lt. Gov. Leslie Rutledge.
"It's just part of taking gov spending down," he said in his text message. "No different than eliminating other jobs that gov can function without."
King said he "will work out details if this gets legs" and he would propose that either the secretary of state, the Senate president pro tempore or attorney general would serve as governor if the governor were no longer able to serve.
Proposed constitutional amendments to eliminate the lieutenant governor's office or a few other constitutional offices have periodically been filed over the past 20 years.
Under the Arkansas Constitution, the lieutenant governor's duties include presiding over the state Senate and serving as governor if the state's chief executive is impeached, removed from office, dies or is otherwise unable to discharge the office's duties. The post is considered part time with a salary of $46,704 a year.
The other proposed constitutional amendments filed by representatives include:
• House Joint Resolution 1001, filed by Rep. David Ray, R-Maumelle, that would abolish the Independent Citizens Commission that has set the salaries of state-elected officials under Amendment 94 to the Arkansas Constitution, approved by voters in November 2014, and return that responsibility to the Legislature.
• HJR 1002, by Rep. Stephen Meeks, R-Greenbrier, that would require the General Assembly on or before Jan. 1, 2050, to provide by law that no tax shall be levied on personal property in the state.
Among other things, the proposal would allow the General Assembly to enact laws to reduce the rates of taxation of personal property and create exemptions for the taxation of personal property.
• HJR 1003 by Rep. Fran Cavenaugh, R-Walnut Ridge, that would create a procedure for recalling state lawmakers, state Supreme Court justices, state Court of Appeals judges, circuit judges, district judges, prosecuting attorneys and the state's seven constitutional officers, including the governor, lieutenant governor, attorney general, secretary of state, state treasurer, state auditor and land commissioner.
• HJR 1004 by Ray that would require voter approval of an increase in taxes enacted by the General Assembly. It's a shell.
• HJR 1005 by Rep. Wayne Long, R-Bradford, that would create the Arkansas Taxpayer Bill of Rights and amend the Arkansas Constitution to provide for limitations on governmental spending. It's a shell.
• HJR 1006 by Rep. Robin Lundstrum, R-Elm Springs, that would allow lottery proceeds to be used to fund or provide scholarships and grants to Arkansas citizens enrolled in public or private vocational technical schools and technical institutes. The proposal has more than 50 co-sponsors in the 100-member House.
• HJR 1007 by Rep. Lanny Fite, R-Benton, that is aimed at requiring a half-cent sales tax levied under state law to go exclusively for the state's homestead property tax credit.
In the 2000 general election, voters approved Amendment 79 to the Arkansas Constitution to create the homestead property tax credit. In response, the Legislature enacted a half-cent sales tax, effective Jan. 1, 2001, and the revenue is credited to the property tax relief trust fund. A 2019 state law allows excess funds to be transferred to the state's catastrophic reserve fund.
• HJR 1008 by Rep. Deborah Ferguson, D-West Memphis, under which an "individual's right to reproductive freedom shall not be denied, burdened, or infringed upon unless justified by a compelling state interest achieved by the least restrictive means.
"Notwithstanding" that, the state may regulate the provision of abortion care after fetal viability, provided that in no circumstance shall the state prohibit an abortion that, in the professional judgment of an attending health care professional, is medically indicated to protect the life or physical or mental health of the pregnant individual under this proposed constitutional amendment.
• HJR 1009 by Lundstrum that would require state Supreme Court justices, Court of Appeals judges, circuit judges, and district judges to be elected on a partisan basis rather than the current nonpartisan basis.
• HJR 1010 by Rep. Jimmy Gazaway, R-Paragould, that would amend the Arkansas Constitution "concerning boards and commissions governing state institutions." It's a shell.
• HJR 1011 by Rep. Aaron Pilkington, R-Knoxville, that would require two-thirds of the votes cast by voters rather than a majority vote for approval of a proposed constitutional amendment submitted by Arkansans or the Legislature and a reduction of the number of proposed constitutional amendments that the Legislature may refer to voters from three to two during each regular session. A proposed constitutional amendment relating to salaries of the state's constitutional officers and state lawmakers is allowed beyond the current limit of referring three proposals to voters each regular session, and would be allowed beyond the proposed limit of referring two proposals to voters each regular session.
The proposed constitutional amendment would have to be approved by two-thirds of voters to be enacted into the Arkansas Constitution.
• HJR 1012 by Rep. Scott Richardson, R-Bentonville, that would allow the General Assembly to enact laws exempting property from taxation, in addition to property exempt from taxation under the Arkansas Constitution.
• HJR 1013 by Rep. Vivian Flowers, D-Pine Bluff, that is aimed at repealing part of the Arkansas Constitution, Article 2, Section 27, "allowing slavery and involuntary servitude as a punishment for crime to fully abolish slavery in the State of Arkansas and recognize the moral and economic benefits that will result from ending this practice."
The other proposed constitutional amendments proposed by senators include:
• SJR 1 by King that would require the governor, attorney general and secretary of state that make up the state Board of Apportionment to appoint three members apiece to the Arkansas Apportionment Commission to redraw legislative district boundaries after each federal decennial census, and approve or reject the reports issued by the commission.
• SJR 2 by Sen. John Payton, R-Wilburn, that would create a procedure for recalling state lawmakers, state Supreme Court justices, state Court of Appeals judges, circuit judges, district judges, prosecuting attorneys and the state's seven constitutional officers, including the governor, lieutenant governor, attorney general, secretary of state, state treasurer, state auditor and land commissioner.
• SJR 3 by Sen. Alan Clark, R-Lonsdale, under which an "individual shall not be denied the right to conduct a transaction based upon his or her personal opinions or beliefs, including without limitation his or her religious beliefs."
• SJR 4 by Sen. Clarke Tucker, D-Little Rock, that would require the General Assembly to enact laws establishing an election process in which candidates in a primary, special primary or election for nonpartisan office appear on a single ballot regardless of political party, and the two candidates for each office advance to the general or special election.
The election process would apply to all elections for federal congressional, state, county and nonpartisan offices, but wouldn't apply to elections for municipal and local offices and to primary and general elections for president of the United States.
• SJR 5 by Tucker under which a county, city, town or other municipal corporation may fund and administer a water system customer assistance program.
mSJR 6 by Clark that would allow the state to be made a defendant in any of its courts if the legal action against the state asserts that the state has violated the U.S. Constitution or the Arkansas Constitution -- including a legal action seeking injunctive, declaratory or monetary relief -- or is authorized by state law.
• SJR 7 by Sen. Jim Dotson, R-Bentonville, that would require the State Highway Commission to be governed in the same manner as all other state agencies. It's a shell.
• SJR 8 by Dotson that would create the Arkansas Taxpayer Bill of Rights and change the Arkansas Constitution to provide for limitations on governmental spending. It's a shell.
• SJR 9 by Sen. Ben Gilmore, R-Crossett, that would amend the Arkansas Constitution "concerning boards and commissions governing state institutions." It's a shell.
• SJR 11 by King that would create a five-member Board of Pardons to grant pardons after convictions as deemed appropriate by the board. A person may apply for a pardon to either the governor or the board under this proposal.
• SJR 12 by Sen. Greg Leding, D-Fayetteville, that would create an implied warranty of habitability and provide protections to Arkansas tenants.
• SJR 13 by Sen. Joshua Bryant, R-Rogers, that would amend the Arkansas Constitution to legalize marijuana "for the purposes of craft or home growing and adult use by Arkansas residents of a certain age." It's a shell.
• SJR 14 by Sen. Kim Hammer, R-Benton, that would amend the Arkansas Constitution Amendment 78, Section 2 "to allow additional options for the financing of fire equipment." It's a shell.
• SJR 15 by King that would amend the Arkansas Constitution "concerning the membership of the State Highway Commission." It's a shell.
• SJR 16 by King that would amend the Arkansas Constitution "concerning the powers and duties of the Independent Citizens Commission." It's a shell.
• SJR 17 by King that would amend the Arkansas Constitution "concerning the ethics requirements for certain state elected officials." It's a shell.
• SJR 19 by King that would amend the Arkansas Constitution "concerning the requirements for passage of initiated acts and constitutional amendments referred to voters." It's a shell.
• SJR 20 by Dotson that would amend the Arkansas Constitution "concerning the manner in which judicial elections are conducted." It's a shell.