Constitution of Arkansas (2025 publisher edition) — Article 19

Publisher edition notice: This collection preserves the complete constitutional appendix of the Secretary of State’s 2025 Election Laws and Constitution compilation: its preamble, twenty original articles, schedule and 104 published amendments, including annotations and explicit repealed notices. Repealed notices remain historical publisher context. Later amendments have not been independently verified.

Article 19

ARTICLE 19
M ISCELLANEOUS P ROVISIONS
SECTION .
1. Atheists disqualified from holding office or testifying
as witness.
2. Dueling.
3. Elected or appointed officers — Qualifications of an
elector required.
4. Residence of officers.
5. Officers — Holding over.
6. Dual office holding prohibited.
7. Residence — Temporary absence not to forfeit.
8. Deduction from salaries.
9. Permanent state offices — Creation restricted.
SECTION.
10. Election returns — State officers.
11. [Repealed.]
12. Receipts and expenditures to be published.
13. [Repealed.]
14. Lotteries.
15. [Repealed.]
16. Contracts for public buildings or bridges.
17. Digest of laws — Publication.
18. Safety of miners and travelers.
19. Deaf and dumb and blind and insane persons.
20. Oath of office.
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SECTION .
21. Sureties on official bonds — Qualifications — Bonding
companies.
22. Constitutional amendments.
23. [Repealed.]
24. Election contests.
25. Seal of state.
26. Officers eligible to executive or judicial office.
SECTION .
27. Local improvements — Municipal assessments.
28. Contributions.
29. Registration as a lobbyist by a former member of the
General Assembly.
30. Gifts from lobbyists.
31. Independent citizens commission.
Effective Dates.
Acts 2015, No. 559, § 2[3]: Mar. 20, 2015. Emergency
clause provided: “It is found and determined by the Gen-
eral Assembly of the State of Arkansas that this act places
prosecuting attorneys under the jurisdiction of the inde-
pendent citizens commission established under Arkansas
Constitution, Article 19, Section 31; that the salaries of
prosecuting attorneys are payable from the Constitutional
Officers Fund in the same manner as the other officials
under the jurisdiction of the independent citizens commis-
sion, but only the salaries of prosecuting attorneys are
subject to appropriation; and that this act should become
effective immediately to provide clarity in the appropria-
tion process for prosecuting attorney salaries. Therefore,
an emergency is declared to exist, and this act being
immediately necessary for the preservation of the public
peace, health, and safety shall become effective on: (1) The
date of its approval by the Governor; (2) If the bill is neither
approved nor vetoed by the Governor, the expiration of the
period of time during which the Governor may veto the bill;
or (3) If the bill is vetoed by the Governor and the veto is
overridden, the date the last house overrides the veto.”
Acts 2015, No. 1280, § 16: Apr. 8, 2015. Emergency
clause provided: “It is found and determined by the Gen-
eral Assembly of the State of Arkansas that the people of
Arkansas adopted Arkansas Constitution, Amendment 94,
at the 2014 General Election, which added Sections 28, 29,
and 30 to Article 19 of the Arkansas Constitution; that
Arkansas Constitution, Amendment 94, requires the Gen-
eral Assembly to provide by law that Arkansas Constitu-
tion, Article 19, Sections 28, 29, and 30 be under the
jurisdiction of the Arkansas Ethics Commission; that this
act should become effective at the earliest opportunity to
allow the commission to enforce Arkansas Constitution,
Article 19, Sections 28, 29, and 30 and issue guidance to
affected public officials; and that the additional provisions
of this act provide clarity to the ethics laws of the State of
Arkansas and should become effective at the earliest
opportunity to prevent confusion and avoid incorrect appli-
cations of the state’s ethics laws. Therefore, an emergency
is declared to exist, and this act being immediately neces-
sary for the preservation of the public peace, health, and
safety shall become effective on: (1) The date of its approval
by the Governor; (2) If the bill is neither approved nor
vetoed by the Governor, the expiration of the period of time
during which the Governor may veto the bill; or (3) If the
bill is vetoed by the Governor and the veto is overridden,
the date the last house overrides the veto.”
Acts 2017, No. 312, § 3: Mar. 1, 2017. Emergency clause
provided: “It is found and determined by the General
Assembly of the State of Arkansas that the provisions of
this act impact the behavior and conduct of public servants
in this state by amending certain ethics laws; that the
state’s ethics laws ensure consistent and appropriate be-
havior by public office holders and other public servants;
and that the provisions of this act should be implemented
at the earliest opportunity to ensure that the conduct of
public servants is consistent with the ethics laws of this
state and the provisions of this act. Therefore, an emer-
gency is declared to exist, and this act being immediately
necessary for the preservation of the public peace, health,
and safety shall become effective on: (1) The date of its
approval by the Governor; (2) If the bill is neither approved
nor vetoed by the Governor, the expiration of the period of
time during which the Governor may veto the bill; or (3) If
the bill is vetoed by the Governor and the veto is overrid-
den, the date the last house overrides the veto.”
Identical Acts 2017 (1st Ex. Sess.), Nos. 2 and 9, § 3:
July 31, 2017. Emergency clause provided: “It is found and
determined by the General Assembly of the State of Arkan-
sas that this act is intended to avoid difficulties in inter-
preting, utilizing, and citing Arkansas Constitution, Article
19, § 30, created by the passage of Acts 2017, Nos. 207,
312, and 1108; that this act enacts certain provisions of
those acts in a format that integrates and incorporates
them by restating certain provisions of the three (3) acts in
a coherent, cohesive, and comprehensive manner; and that
to avoid confusion in the law, this act should be effective on
the same date as Acts 2017, Nos. 207 and 1108. Therefore,
an emergency is declared to exist, and this act being
necessary for the preservation of the public peace, health,
and safety shall become effective on July 31, 2017.”
Acts 2019, No. 661, § 4: Apr. 2, 2019. Emergency clause
provided: “It is found and determined by the General
Assembly of the State of Arkansas that this act establishes
certain employment restrictions on former members of the
General Assembly that are in the best interests of the
state; and that these restrictions should become effective at
the earliest opportunity to provide for the full implemen-
tation of the act. Therefore, an emergency is declared to
exist, and this act being immediately necessary for the
preservation of the public peace, health, and safety shall
become effective on: (1) The date of its approval by the
Governor; (2) If the bill is neither approved nor vetoed by
the Governor, the expiration of the period of time during
which the Governor may veto the bill; or (3) If the bill is
vetoed by the Governor and the veto is overridden, the date
the last house overrides the veto.”
Acts 2019, No. 694, § 8: Apr. 4, 2019. Emergency clause
provided: “It is found and determined by the General
Assembly of the State of Arkansas that under current law
the Arkansas Code Revision Commission does not have the
authority to correct conflicts occurring when multiple acts
amend the same provision of the Arkansas Constitution as
expressly permitted by the Arkansas Constitution; that
this inability to resolve conflicts makes the law unclear and
impossible to publish for review and study by the citizens
of the state; and that this act should become effective at the
earliest opportunity so that it may be applied to acts
enacted by the Ninety-Second General Assembly. There-
fore, an emergency is declared to exist, and this act being
immediately necessary for the preservation of the public
peace, health, and safety shall become effective on: (1) The
date of its approval by the Governor; (2) If the bill is neither
approved nor vetoed by the Governor, the expiration of the
period of time during which the Governor may veto the bill;
or (3) If the bill is vetoed by the Governor and the veto is
overridden, the date the last house overrides the veto.”
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§ 1. Atheists disqualified from holding office or testifying as witness.
No person who denies the being of a God shall hold any office in the civil departments of this
State, nor be competent to testify as a witness in any Court.
§ 2. Dueling.
No person who may hereafter fight a duel, assist in the same as second, or send, accept, or
knowingly carry a challenge therefor, shall hold any office in the State, for a period of ten years;
and may be otherwise punished as the law may prescribe.
§ 3. Elected or appointed officers — Qualifications of an elector required.
No persons shall be elected to, or appointed to fill a vacancy in, any office who does not possess
the qualifications of an elector.
§ 4. Residence of officers.
All civil officers for the State at large shall reside within the State, and all district, county and
township officers within their respective districts, counties and townships, and shall keep their
offices at such places therein as are now, or may hereafter be required by law.
§ 5. Officers — Holding over.
All officers shall continue in office after the expiration of their official terms, until their
successors are elected and qualified.
§ 6. Dual office holding prohibited.
No person shall hold or perform the duties of more than one office in the same department of
the government at the same time, except as expressly directed or permitted by this Constitution.
§ 7. Residence — Temporary absence not to forfeit.
Absence on business of the State, or of the United States, or on a visit, or on necessary private
business, shall not cause a forfeiture of residence once obtained.
§ 8. Deduction from salaries.
It shall be the duty of the General Assembly to regulate, by law in what cases, and what,
deductions from the salaries of public officers shall be made for neglect of duty in their official
capacity.
§ 9. Permanent state offices — Creation restricted.
The General Assembly shall have no power to create any permanent State Office, not expressly
provided for by this Constitution.
§ 10. Election returns — State officers.
Returns for all elections, for officers who are to be commissioned by the Governor, and for
members of the General Assembly, except as otherwise provided by this Constitution, shall be
made to the Secretary of State.
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§ 11. [Repealed.]
Publisher’s Notes. Ark. Const. Amend. 94, which re-
pealed this section effective November 5, 2014, was pro-
posed by H.J.R. 1009 during the 2013 Regular Session and
adopted at the November 2014 general election by a vote of
428,206 for and 388,459 against.
Before repeal, this section read:
“ § 11. Salaries of state officers — Increase or decrease
during term prohibited — Fees.
“The Governor, Secretary of State, Auditor, Treasurer,
Attorney-General, Judges of the Supreme Court, Judges of
the Circuit Court, Commissioner of State Lands, and
Prosecuting Attorneys, shall each receive a salary to be
established by law, which shall not be increased or dimin-
ished during their respective terms, nor shall any of them,
except the Prosecuting Attorneys, after the adoption of this
Constitution, receive to his own use any fees, costs, perqui-
sites of office, or other compensation; and all fees that may
hereafter by payable by law, for any service performed by
any officer mentioned in this section, except Prosecuting
Attorneys, shall be paid in advance into the State Trea-
sury; Provided, That the salaries of the respective officers
herein mentioned shall never exceed per annum:
“For Governor, the sum of $4,000
“For Secretary of State, the sum of $2,500
“For Treasurer of State, the sum of $3,000
“For Auditor of State, the sum of $3,000
“For Attorney-General, the sum of $2,500
“For Commissioner of State Lands, the sum of $2,500
“For the Judges of the Supreme Court, each, the sum of
$4,000
“For Judges of the Circuit Courts, and Chancellors, each,
the sum of $3,000
“For Prosecuting Attorneys, the sum of $400
“And provided further, That the General Assembly shall
provide for no increase of salaries of its members which
shall take effect before the meeting of the next General
Assembly.”
§ 12. Receipts and expenditures to be published.
An accurate and detailed statement of the receipts and expenditures of the public money, the
several amounts paid, to whom and on what account, shall, from time to time, be published as
may be prescribed by law.
§ 13. [Repealed.]
Publisher’s Notes. Ark. Const. Amend. 89, § 14 re-
pealed this section effective January 1, 2011. Amendment
89 was proposed by H.J.R. 1004 during the 2009 Regular
Session and adopted at the 2010 general election by a vote
of 448,711 for and 250,167 against.
Before repeal, this section read:
“ § 13. Maximum lawful rates of interest.
“(a) General Loans:
“(i) The maximum lawful rate of interest on any contract
entered into after the effective date hereof shall not exceed
five percent (5%) per annum above the Federal Reserve
Discount Rate at the time of the contract.
“(ii) All such contracts having a rate of interest in excess
of the maximum lawful rate shall be void as to the unpaid
interest. A person who has paid interest in excess of the
maximum lawful rate may recover, within the time pro-
vided by law, twice the amount of interest paid. It is
unlawful for any person to knowingly charge a rate of
interest in excess of the maximum lawful rate in effect at
the time of the contract, and any person who does so shall
be subject to such punishment as may be provided by law.
“(b) Consumer Loans and Credit Sales: All contracts for
consumer loans and credit sales having a greater rate of
interest than seventeen percent (17%) per annum shall be
void as to principal and interest and the General Assembly
shall prohibit the same by law.
“(c) Definitions: As used herein, the term:
“(i) ‘consumer loans and credit sales’ means credit ex-
tended to a natural person in which the money, property, or
service which is the subject of the transaction is primarily
for personal, family or household purposes.
“(ii) ‘Federal Reserve Discount Rate’ means the Federal
Reserve discount Rate on ninety-day commercial paper in
effect in the Federal Reserve Bank in the Federal Reserve
District in which Arkansas is located.
“(d) Miscellaneous:
“(i) The rate of interest for contracts in which no rate of
interest is agreed upon shall be six percent (6%) per
annum.
“(ii) The provisions hereof are not intended and shall not
be deemed to supersede or otherwise invalidate any provi-
sions of federal law applicable to loans or interest rates
including loans secured by residential real property.
“(iii) The provisions hereof revoke all provisions of State
law which establish the maximum rate of interest charge-
able in the State or which are otherwise inconsistent
herewith. [As amended by Const. Amend. 60.]”
Before its amendment by Amendment 60, this section
read: “All contracts for a greater rate of interest than ten
per centum per annum shall be void as to principal and
interest, and the General Assembly shall prohibit the same
by law; but when no rate of interest is agreed upon, the rate
shall be six per centum per annum.”
§ 14. Lotteries.
(a) The General Assembly may enact laws to establish, operate, and regulate State lotteries.
(b) (1) Lottery proceeds shall be used solely to pay the operating expenses of lotteries, including
all prizes, and to fund or provide for scholarships and grants to citizens of this State enrolled in
the following higher education institutions located within the State that are certified according
to criteria established by the General Assembly:
(A) A public or private nonprofit two-year or four-year college or university;
(B) A public or private vocational-technical school; or
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(C) A public or private technical institute.
(2) The General Assembly shall establish criteria to determine who is eligible to receive
the scholarships and grants pursuant to this Amendment.
(c) Lottery proceeds shall not be subject to appropriation by the General Assembly and are
specifically declared to be cash funds held in trust separate and apart from the State treasury to
be managed and maintained by the General Assembly or an agency or department of the State
as determined by the General Assembly.
(d) Lottery proceeds remaining after payment of operating expenses and prizes shall
supplement, not supplant, non‐lottery educational resources.
(e) This Amendment does not repeal, supersede, amend or otherwise affect Amendment 84 to
the Arkansas Constitution or games of bingo and raffles permitted therein.
(f) Except as herein specifically provided, lotteries and the sale of lottery tickets are
prohibited. [As amended by Const. Amend. 87; Const. Amend. 103.]
Publisher’s Notes. Ark. Const. Amend. 87, which
amended this section, effective January 1, 2009, was pro-
posed by an initiated measure and was adopted at the 2008
general election by a vote of 648,122 for and 383,467
against.
Before amendment, this section read:
“ § 14. Lotteries prohibited.
“No lottery shall be authorized by this State, nor shall
the sale of lottery tickets be allowed.”
Ark. Const., Amend. 103, which amended this section,
effective January 1, 2025, was proposed by H.J.R. 1006
during the 2023 Regular Session and adopted at the 2024
general election by a vote of 1,029,102 for and 119,527
against. The amendment in § 1 redesignated (b) as (b)(1)
and (2) and in (b)(1) substituted “public and private non-
profit two-year and four-year colleges and universities” for
“the following higher education institutions” and added the
colon and (A) - (C).
Effective Dates.
Ark. Const., Amend. 103, § 2: Jan. 1, 2025.
§ 15. [Repealed.]
Publisher’s Notes. This section was repealed by Ark.
Const. Amend. 54, § 2. Section 1 of Amendment 54 con-
cerns contracts for printing, stationery, and supplies pur-
chased by the General Assembly and other departments of
government.
§ 16. Contracts for public buildings or bridges.
All contracts for erecting or repairing public buildings or bridges in any county, or for materials
therefor; or for providing for the care and keeping of paupers, where there are no alms-houses,
shall be given to the lowest responsible bidder, under such regulations as may be provided by law.
§ 17. Digest of laws — Publication.
The laws of this State, civil and criminal, shall be revised, digested, arranged, published and
promulgated at such times and in such manner as the General Assembly may direct.
§ 18. Safety of miners and travelers.
The General Assembly, by suitable enactments, shall require such appliances and means to be
provided and used as may be necessary to secure, as far as possible, the lives, health and safety
of persons employed in mining, and of persons traveling upon railroads, and by other public
conveyances, and shall provide for enforcing such enactments by adequate pains and penalties.
§ 19. Deaf and dumb and blind and insane persons.
It shall be the duty of the General Assembly to provide by law for the support of institutions
for the education of the deaf and dumb, and of the blind; and also for the treatment of the insane.
§ 20. Oath of office.
Senators and Representatives, and all judicial and executive, State and county officers, and all
other officers, both civil and military, before entering on the duties of their respective offices, shall
take and subscribe to the following oath of affirmation: “I, ____, do solemnly swear (or affirm) that
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I will support the Constitution of the United States and the Constitution of the State of Arkansas,
and that I will faithfully discharge the duties of the office of ____, upon which I am now about to
enter.”
§ 21. Sureties on official bonds — Qualifications — Bonding companies.
The sureties upon the official bonds of all State Officers shall be residents of, and have
sufficient property within the State, not exempt from sale under execution, attachment or other
process of any court, to make good their bonds and the sureties upon the official bonds of all
county officers shall reside within the counties where such officers reside, and shall have
sufficient property therein, not exempt from such sale, to make good their bonds; provided,
however, that any surety, bonding or guaranty company, organized for the purpose of doing a
surety, or bonding business, and authorized to do business, in this State, may become surety on
the bonds of all State, County and Municipal Officers under such regulations as may be
prescribed by law. [As amended by Const. Amend. 4.]
Publisher’s Notes. Minor changes in punctuation were
made and the proviso was added by Ark. Const. Amend. 4.
§ 22. Constitutional amendments.
Either branch of the General Assembly, at a regular session thereof, may propose amendments
to this Constitution; and if the same be agreed to by a majority of all members elected to each
house, such proposed amendments shall be entered on the journals with the yeas and nays, and
published in at least one newspaper in each county, where a newspaper is published, for six
months immediately preceding the next general election for Senators and Representatives, at
which time the same shall be submitted to the electors of the State, for approval or rejection; and
if a majority of the electors voting at such election adopt such amendments, the same shall
become a part of this Constitution. But no more than three amendments shall be proposed or
submitted at the same time. They shall be so submitted as to enable the electors to vote on each
amendment separately.
§ 23. [Repealed.]
Publisher’s Notes. This section, concerning maximum
officers’ salaries or fees, was repealed by Ark. Const.
Amend. 56, § 5.
§ 24. Election contests.
The General Assembly shall provide by law the mode of contesting elections in cases not
specifically provided for in this Constitution.
§ 25. Seal of state.
The present seal of the State shall be and remain the seal of the State of Arkansas until
otherwise provided by law, and shall be kept and used as provided in this Constitution.
§ 26. Officers eligible to executive or judicial office.
Militia officers, and officers of the public schools, and Notaries may be elected to fill any
executive or judicial office.
§ 27. Local improvements — Municipal assessments.
Nothing in this Constitution shall be so construed as to prohibit the General Assembly from
authorizing assessments on real property for local improvements, in towns and cities, under such
regulations as may be prescribed by law; to be based upon the consent of a majority in value of
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the property-holders owning property adjoining the locality to be affected; but such assessments
shall be ad valorem and uniform.
§ 28. Contributions.
(a) (1) It is unlawful for a candidate for public office or a person acting on the candidate’s behalf
to:
(A) Accept a contribution from other than:
(i) An individual;
(ii) A political party that meets the definition of a political party under Arkansas Code
§ 7-1-101;
(iii) A political party that meets the requirements of Arkansas Code § 7-7-205;
(iv) A county political party committee;
(v) A legislative caucus committee; or
(vi) An approved political action committee; or
(B) Accept a contribution in excess of the maximum amount allowed by law per election
from:
(i) An individual;
(ii) A political party that meets the definition of a political party under Arkansas Code
§ 7-1-101;
(iii) A political party that meets the requirements of Arkansas Code § 7-7-205;
(iv) A county political party committee;
(v) A legislative caucus committee; or
(vi) An approved political action committee.
(2) A candidate may accept a contribution or contributions up to the maximum amount allowed
by law from a prospective contributor for each election, whether opposed or unopposed.
(b) (1) It is unlawful for an individual, a political party that meets the definition of a political
party under Arkansas Code § 7-1-101, a political party that meets the requirements of Arkansas
Code § 7-7-205, a county political party committee, a legislative caucus committee, or an
approved political action committee to make a contribution to a candidate for public office, or to
a person acting on the candidate’s behalf, that in the aggregate exceeds the maximum amount
allowed by law.
(2) The following entities may make a contribution or contributions up to the maximum
amount allowed by law to a candidate, whether opposed or unopposed, for each election:
(A) An individual;
(B) A political party that meets the definition of a political party under Arkansas Code
§ 7-1-101;
(C) A political party that meets the requirements of Arkansas Code § 7-7-205;
(D) A county political party committee;
(E) A legislative caucus committee; or
(F) An approved political action committee.
(c) As used in this section:
(1) (A) “Approved political action committee” means any person that:
(i) Receives contributions from one (1) or more persons in order to make contributions to a
candidate, ballot question committee, legislative question committee, political party, county
political party committee, or other political action committee;
(ii) Does not accept any contribution or cumulative contributions in excess of five thousand
dollars ($5,000) from any person in any calendar year; and
(iii) Registers pursuant to Arkansas Code § 7-6-215 prior to making contributions.
(B) “Approved political action committee” does not include an organized political party as
defined in § 7-1-101, a county political party committee, the candidate’s own campaign
committee, an exploratory committee, or a ballot question committee or legislative question
committee as defined in § 7-9-402;
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(2) “Candidate” means an individual who has knowingly and willingly taken affirmative
action, including solicitation of funds, for the purpose of seeking nomination for or election
to any public office;
(3)(A) “Contribution” or “contributions” means, whether direct or indirect, advances,
deposits, or transfers of funds, contracts, or obligations, whether or not legally enforceable,
payments, gifts, subscriptions, assessments, payment for services, dues, advancements,
forbearance, loans, or pledges or promises of money or anything of value, whether or not
legally enforceable, to a candidate, committee, or holder of elective office made for the
purpose of influencing the nomination or election of any candidate.
(B) (i) “Contribution” or “contributions” includes the purchase of tickets for events such as
dinners, luncheons, rallies, and similar fundraising events; the granting of discounts or rebates
by television and radio stations and newspapers not extended on an equal basis to all candidates
for the same office; and any payments for the services of any person serving as an agent of a
candidate or committee by a person other than the candidate or committee or persons whose
expenditures the candidates or committee must report under Arkansas law.
(ii) “Contribution” or “contributions” further includes any transfer of anything of value
received by a committee from another committee.
(C) “Contribution” or “contributions” does not include noncompensated, nonreimbursed,
volunteer personal services or travel;
(4) “County political party committee” means a person that:
(A) Is organized at the county level for the purpose of supporting its affiliate party and
making contributions;
(B) Is recognized by an organized political party, as defined in Arkansas Code § 7-1-101,
as being affiliated with that political party;
(C) Receives contributions from one (1) or more persons in order to make contributions to
a candidate, ballot question committee, legislative question committee, political party,
political action committee, or other county political party committee;
(D) Does not accept any contribution or cumulative contributions in excess of five
thousand dollars ($5,000) from any person in any calendar year; and
(E) Registers pursuant to Arkansas Code § 7-6-226 prior to making contributions;
(5) (A) “Election” means each election held to nominate or elect a candidate to any public
office, including school elections.
(B) For the purposes of this section, a preferential primary, a general primary, a special
election, and a general election shall each constitute a separate election;
(6) “Expenditure” or “expenditures” means a purchase, payment, distribution, gift, loan,
or advance of money or anything of value, and a contract, promise, or agreement to make an
expenditure, made for the purpose of influencing the nomination or election of any candidate;
(7) (A) “Exploratory committee” means a person that receives contributions which are held
to be transferred to the campaign of a single candidate in an election.
(B) “Exploratory committee” does not include:
(i) A political party:
(a) That meets the definition of a political party under Arkansas Code § 7-1-101; or
(b) A political party that meets the requirements of Arkansas Code § 7-7-205; or
(ii) The candidate’s own campaign committee;
(8) (A) “Legislative caucus committee” means a person that is composed exclusively of members
of the General Assembly, that elects or appoints officers and recognizes identified legislators
as members of the organization, and that exists for research and other support of policy
development and interests that the membership hold in common.
(B) “Legislative caucus committee” includes, but is not limited to, a political party caucus
of the General Assembly, the Senate, or the House of Representatives.
(C) An organization whose only nonlegislator members are the Lieutenant Governor or
the Governor is a “legislative caucus committee” for the purposes of this section;
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(9)(A) “Person” means any individual, proprietorship, firm, partnership, joint venture,
syndicate, labor union, business trust, company, corporation, association, committee, or any
other organization or group of persons acting in concert.
(B) “Person” includes:
(i) A political party that meets the definition of a political party under Arkansas Code
§ 7-1-101 or a political party that meets the requirements of Arkansas Code § 7-7-205;
(ii) A county political party committee; and
(iii) A legislative caucus committee; and
(10) “Public office” means an office created by or under authority of the laws of the State of
Arkansas or of a subdivision thereof that is filled by the voters, except a federal office.
(d) (1) A person who knowingly violates this section is guilty of a Class A misdemeanor.
(2) In addition to the penalty under subdivision (d)(1) of this section, the General Assembly
shall provide by law for this section to be under the jurisdiction of the Arkansas Ethics
Commission, including without limitation authorization of the following actions by the Arkansas
Ethics Commission:
(A) Promulgating reasonable rules to implement and administer this section as necessary;
(B) Issuing advisory opinions and guidelines on the requirements of this section; and
(C) Investigating complaints of alleged violations of this section and rendering findings
and disciplinary action for such complaints.
(e) (1)(A) Except as provided in subdivision (e)(1)(B) of this section, the General Assembly, in the
same manner as required for amendment of laws initiated by the people, may amend this
section so long as such amendments are germane to this section and consistent with its policy
and purposes.
(B) The General Assembly may amend subsection (d) of this section by a majority vote of
each house.
(2) (A) If an act of the General Assembly amends this section, the Arkansas Code Revision
Commission may, by a majority vote of the Arkansas Code Revision Commission, make the
following revisions to the act so long as the revisions do not change the substance or meaning
of the act:
(i) Correct the spelling of words;
(ii) Change capitalization for the purpose of uniformity;
(iii) Correct manifest typographical and grammatical errors;
(iv) Correct manifest errors in references to laws and other documents;
(v) Correct manifest errors in internal reference numbers;
(vi) Number, renumber, redesignate, and rearrange this section;
(vii) Change internal reference numbers to agree with renumbered sections, subsections,
subdivisions, or other provisions of law;
(viii) Insert or delete hyphens in words to follow correct grammatical usage;
(ix) Change numerals or symbols to words or vice versa and add figures or words if they are
merely repetitions of written words or vice versa for purposes of uniformity and style;
(x) Change the form of nouns, pronouns, and verbs for purposes of style and grammar;
(xi) Correct punctuation; and
(xii) Change gender-specific language to gender-neutral language.
(B)(i) If more than one (1) act amending this section is enacted by the General Assembly
during the same session, the Arkansas Code Revision Commission may, by a majority vote of the
Arkansas Code Revision Commission, revise this section as necessary so that all of the
enactments shall be given effect, including without limitation renumbering, redesignating, and
rearranging subsections and subdivisions of this section.
(ii) In the event that one (1) or more acts amending this section result in an irreconcilable
conflict with one (1) or more other acts amending this section enacted during the same session,
the Arkansas Code Revision Commission may, by a majority vote of the Arkansas Code Revision
Commission, revise this section so that the conflicting provision of the last enactment prevails.
643 Art. 19, § 28 MISCELLANEOUS PROVISIONS

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(3) If the Arkansas Code Revision Commission makes revisions under subdivision (e)(2) of this
section, the Arkansas Code Revision Commission shall file a report with the Speaker of the House
of Representatives, the President Pro Tempore of the Senate, and the Governor that:
(A) Explains the revisions made under subdivision (e)(2) of this section; and
(B) Includes the text of this section as amended by the revisions made under subdivision
(e)(2) of this section. [As added by Const. Amend. 94; as amended by Acts 2019, No. 694, §
1.]
Publisher’s Notes. Ark. Const. Amend. 94, which
added this section effective November 5, 2014, was pro-
posed by H.J.R. 1009 during the 2013 Regular Session and
adopted at the November 2014 general election by a vote of
428,206 for and 388,459 against.
§ 29. Registration as a lobbyist by a former member of the General Assembly.
(a) A former member of the General Assembly shall not take the following actions until two (2)
years after the expiration of the term of office for which he or she was elected:
(1) Register as a lobbyist under Arkansas Code § 21-8-601 et seq.; or
(2) Enter into employment as the director of an:
(A) Educational cooperative under The Public School Educational Cooperative Act of 1981,
§ 6-13-901 et seq.; or
(B) Area agency on aging.
(b)(1) Except as provided in subdivision (b)(2) of this section, subsection (a) of this section
applies to a person elected or reelected to the General Assembly on or after November 6, 2018.
(2) Subdivision (a)(1) of this section shall apply to a person elected or reelected to the General
Assembly on or after November 4, 2014.
(c) (1) A person who knowingly violates this section is guilty of a Class D felony.
(2) In addition to the penalty under subdivision (c)(1) of this section, the General Assembly
shall provide by law for this section to be under the jurisdiction of the Arkansas Ethics
Commission, including without limitation authorization of the following actions by the Arkansas
Ethics Commission:
(A) Promulgating reasonable rules to implement and administer this section as necessary;
(B) Issuing advisory opinions and guidelines on the requirements of this section; and
(C) Investigating complaints of alleged violations of this section and rendering findings
and disciplinary action for such complaints.
(d) (1)(A) Except as provided in subdivision (d)(1)(B) of this section, the General Assembly, in
the same manner as required for amendment of laws initiated by the people, may amend this
section so long as such amendments are germane to this section and consistent with its policy
and purposes.
(B) The General Assembly may amend subsection (c) of this section by a majority vote of
each house.
(2) (A) If an act of the General Assembly amends this section, the Arkansas Code Revision
Commission may, by a majority vote of the Arkansas Code Revision Commission, make the
following revisions to the act so long as the revisions do not change the substance or meaning
of the act:
(i) Correct the spelling of words;
(ii) Change capitalization for the purpose of uniformity;
(iii) Correct manifest typographical and grammatical errors;
(iv) Correct manifest errors in references to laws and other documents;
(v) Correct manifest errors in internal reference numbers;
(vi) Number, renumber, redesignate, and rearrange this section;
(vii) Change internal reference numbers to agree with renumbered sections, subsections,
subdivisions, or other provisions of law;
(viii) Insert or delete hyphens in words to follow correct grammatical usage;
(ix) Change numerals or symbols to words or vice versa and add figures or words if they are
merely repetitions of written words or vice versa for purposes of uniformity and style;
644 Art. 19, § 29 CONSTITUTION OF ARKANSAS

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(x) Change the form of nouns, pronouns, and verbs for purposes of style and grammar;
(xi) Correct punctuation; and
(xii) Change gender-specific language to gender-neutral language.
(B) (i) If more than one (1) act amending this section is enacted by the General Assembly
during the same session, the Arkansas Code Revision Commission may, by a majority vote of the
Arkansas Code Revision Commission, revise this section as necessary so that all of the
enactments shall be given effect, including without limitation renumbering, redesignating, and
rearranging subsections and subdivisions of this section.
(ii) In the event that one (1) or more acts amending this section result in an irreconcilable
conflict with one (1) or more other acts amending this section enacted during the same session,
the Arkansas Code Revision Commission may, by a majority vote of the Arkansas Code Revision
Commission, revise this section so that the conflicting provision of the last enactment prevails.
(3) If the Arkansas Code Revision Commission makes revisions under subdivision (d)(2) of this
section, the Arkansas Code Revision Commission shall file a report with the Speaker of the House
of Representatives, the President Pro Tempore of the Senate, and the Governor that:
(A) Explains the revisions made under subdivision (d)(2) of this section; and
(B) Includes the text of this section as amended by the revisions made under subdivision
(d)(2) of this section. [As added by Const. Amend. 94; as amended by Acts 2019, No. 661, §
1; 2019, No. 694, § 2.]
Publisher’s Notes. Ark. Const. Amend. 94, which
added this section effective November 5, 2014, was pro-
posed by H.J.R. 1009 during the 2013 Regular Session and
adopted at the November 2014 general election by a vote of
428,206 for and 388,459 against.
§ 30. Gifts from lobbyists.
(a) Persons elected or appointed to the following offices shall not knowingly or willfully solicit
or accept a gift from a lobbyist, a person acting on behalf of a lobbyist, or a person employing or
contracting with a lobbyist:
(1) Governor;
(2) Lieutenant Governor;
(3) Secretary of State;
(4) Treasurer of State;
(5) Auditor of State;
(6) Attorney General;
(7) Commissioner of State Lands;
(8) Member of the General Assembly;
(9) Chief Justice of the Supreme Court;
(10) Justice of the Supreme Court;
(11) Chief Judge of the Court of Appeals;
(12) Judge of the Court of Appeals;
(13) Circuit court judge;
(14) District court judge;
(15) Prosecuting attorney; and
(16) Member of the independent citizens commission for the purpose of setting salaries of
elected constitutional officers of the executive department, members of the General Assembly,
justices, and judges under Article 19, § 31, of this Constitution.
(b) As used in this section:
(1) (A) “Administrative action” means a decision on, or proposal, consideration, or making of a
rule, regulation, ratemaking proceeding, or policy action by a governmental body.
(B) “Administrative action” does not include ministerial action;
(2) (A) “Gift” means:
(i) Any payment, entertainment, service, or anything of value, unless consideration of equal or
greater value has been given therefor; or
(ii) Any advance or loan.
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(B) “Gift” does not include:
(i)(a) Informational material such as books, reports, pamphlets, calendars, or periodicals
informing a person elected or appointed to an office under subsection (a) of this section
regarding his or her official duties.
(b) Payments for travel or reimbursement for any expenses are not informational material;
(ii) Gifts that are not used and which, within thirty (30) days after receipt, are returned to the
donor;
(iii) Gifts from the spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-
law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin of a person elected or
appointed to an office under subsection (a) of this section, or the spouse of any of these persons,
unless the person is acting as an agent or intermediary for any person not covered by this
subdivision (b)(2)(B)(iii);
(iv) Anything of value that is readily available to the general public at no cost;
(v)(a)(1) Food or drink available at a planned activity to which a specific governmental body is
invited, including without limitation a governmental body to which a person elected or
appointed to an office under subsection (a) of this section is not a member.
(2) If a committee of the General Assembly is invited to a planned activity under subdivision
(b)(2)(B)(v)(a)(1) of this section, only members of the committee of the General Assembly may
accept food or drink at the planned activity.
(b)(1) As used in this subdivision (b)(2)(B)(v), “planned activity” means an event for which a
written invitation is distributed electronically or by other means by the lobbyist, person acting
on behalf of a lobbyist, or a person employing or contracting with a lobbyist to the members of
the specific governmental body at least twenty-four (24) hours before the event.
(2) As used in this subdivision (b)(2)(B)(v), “planned activity” does not include food or drink
available at a meeting of a specific governmental body for which the person elected or
appointed to an office under subsection (a) of this section is entitled to receive per diem for
attendance at the meeting.
(c) A lobbyist, a person acting on behalf of a lobbyist, or a person employing or contracting
with a lobbyist shall not offer or pay for food or drink at more than one (1) planned activity in
a seven-day period;
(vi)(a) Payments by regional or national organizations for travel to regional or national
conferences at which the State of Arkansas is requested to be represented by a person or
persons elected or appointed to an office under subsection (a) of this section.
(b) As used in this subdivision (b)(2)(B)(vi), “travel” means transportation, lodging, and
conference registration fees.
(c) This section does not prohibit the acceptance of:
(1) Food, drink, informational materials, or other items included in the conference registra-
tion fee; and
(2) Food and drink at events coordinated through the regional or national conference and
provided to persons registered to attend the regional or national conference;
(vii) Campaign contributions;
(viii) Any devise or inheritance;
(ix) Salaries, benefits, services, fees, commissions, expenses, or anything of value in connection
with:
(a) The employment or occupation of a person elected or appointed to an office under
subsection (a) of this section or his or her spouse so long as the salary, benefit, service, fee,
commission, expense, or anything of value is solely connected with the person’s employment or
occupation and is unrelated to and does not arise from the duties or responsibilities of the office
to which the person has been elected or appointed; or
(b) Service as an officer, director, or board member of a corporation, a firm registered to do
business in the state, or other organization that files a state and federal tax return or is an
affiliate of an organization that files a state and federal tax return by a person elected or
appointed to an office under subsection (a) of this section or his or her spouse so long as the
646 Art. 19, § 30 CONSTITUTION OF ARKANSAS

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salary, benefit, service, fee, commission, expense, or anything of value is solely connected with
the person’s service as an officer, director, or board member and is unrelated to and does not
arise from the duties or responsibilities of the office to which the person has been elected or
appointed;
(x) A personalized award, plaque, or trophy with a value of one hundred fifty dollars ($150) or
less;
(xi)(a) The use of one (1) or more rooms or facilities owned, operated, or otherwise utilized by
a state agency or political subdivision of the state for the purpose of conducting a meeting of a
specific governmental body.
(b) As used in this subdivision (b)(2)(B)(xi):
(1) “Rooms or facilities” includes without limitation property belonging to a state agency or
political subdivision used in connection with a meeting of a specific governmental body such as
projectors, microphones, and computer equipment; and
(2) “State agency” means every department, division, office, board, commission, and insti-
tution of this state, including state-supported institutions of higher education;
(xii) Nonalcoholic beverages provided to attendees at a meeting of a civic, social, or cultural
organization or group;
(xiii) Food and nonalcoholic beverages provided to participants in a bona fide panel, seminar,
or speaking engagement at which the audience is a civic, social, or cultural organization or group;
and
(xiv) Anything of value provided by a recognized political party when serving as the host of the
following events to all attendees as part of attendance at the event:
(a) The official swearing-in, inaugural, and recognition events of constitutional officers and
members of the General Assembly; and
(b) An official event of a recognized political party so long as all members of either house of
the General Assembly affiliated with the recognized political party are invited to the official
event;
(3) “Governmental body” or “governmental bodies” means an office, department, commis-
sion, council, board, committee, legislative body, agency, or other establishment of the
executive, judicial, or legislative branch of the state, municipality, county, school district,
improvement district, or any political district or subdivision thereof;
(4)(A) “Income” means any money or anything of value received or to be received as a claim
for future services, whether in the form of a retainer, fee, salary, expense, allowance,
forbearance, forgiveness, interest, dividend, royalty, rent, or any other form of recompense or
any combination thereof.
(B) “Income” includes a payment made under obligation for services or other value
received;
(5) “Legislative action” means introduction, sponsorship, consideration, debate, amend-
ment, passage, defeat, approval, veto, or any other official action or nonaction on any bill,
ordinance, law, resolution, amendment, nomination, appointment, report, or other matter
pending or proposed before a committee or house of the General Assembly, a quorum court,
or a city council or board of directors of a municipality;
(6) “Legislator” means a person who is a member of the General Assembly, a quorum court
of a county, or the city council or board of directors of a municipality;
(7) “Lobbying” means communicating directly or soliciting others to communicate with a
public servant with the purpose of influencing legislative action or administrative action;
(8) (A) “Lobbyist” means a person who:
(i) Receives income or reimbursement in a combined amount of four hundred dollars ($400) or
more in a calendar quarter for lobbying one (1) or more governmental bodies;
(ii) Expends four hundred dollars ($400) or more in a calendar quarter for lobbying one (1) or
more governmental bodies, excluding the cost of personal travel, lodging, meals, or dues; or
(iii) Expends four hundred dollars ($400) or more in a calendar quarter, including postage, for
the express purpose of soliciting others to communicate with a public servant to influence any
647 Art. 19, § 30 MISCELLANEOUS PROVISIONS

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legislative action or administrative action of one (1) or more governmental bodies unless the
communication has been filed with the Secretary of State or the communication has been
published in the news media. If the communication is filed with the Secretary of State, the filing
shall include the approximate number of recipients.
(B) “Lobbyist” does not include a recognized political party;
(9)(A) “Person” means a business, individual, union, association, firm, committee, club, or
other organization or group of persons.
(B) As used in subdivision (b)(9)(A) of this section, “business” includes without limitation
a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association,
organization, self-employed individual, receivership, trust, or any legal entity through which
business is conducted;
(10) (A) “Public appointee” means an individual who is appointed to a governmental body.
(B) “Public appointee” does not include an individual appointed to an elective office;
(11) (A) “Public employee” means an individual who is employed by a governmental body or
who is appointed to serve a governmental body.
(B) “Public employee” does not include a public official or a public appointee;
(12) “Public official” means a legislator or any other person holding an elective office of any
governmental body, whether elected or appointed to the office, and shall include such persons
during the time period between the date they were elected and the date they took office;
(13) “Public servant” means all public officials, public employees, and public appointees;
(14) (A) “Recognized political party” means a political party that:
(i) At the last preceding general election polled for its candidate for Governor in the state or
nominees for presidential electors at least three percent (3%) of the entire vote cast for the office;
or
(ii) Has been formed by the petition process under § 7-7-205.
(B) When a recognized political party fails to obtain three percent (3%) of the total votes
cast in an election for the office of Governor or nominees for presidential electors, it shall
cease to be a recognized political party; and
(15) (A) “Advance or loan” means a sum of money that is borrowed with the expectation
that it be paid back, regardless of whether interest is charged.
(B) “Advance or loan” does not include an advance or loan made in the ordinary course of
business by a:
(i) Financial institution; or
(ii) Business that regularly and customarily extends credit.
(c) (1) A person who knowingly violates this section is guilty of a Class B misdemeanor.
(2) In addition to the penalty under subdivision (c)(1) of this section, the General Assembly
shall provide by law for this section to be under the jurisdiction of the Arkansas Ethics
Commission, including without limitation authorization of the following actions by the Arkansas
Ethics Commission:
(A) Promulgating reasonable rules to implement and administer this section as necessary;
(B) Issuing advisory opinions and guidelines on the requirements of this section; and
(C) Investigating complaints of alleged violations of this section and rendering findings
and disciplinary action for such complaints.
(3) (A) It is an affirmative defense to prosecution or disciplinary action under subdivisions
(c)(1) and (2) of this section that a person elected or appointed to an office under subsection
(a) of this section takes one (1) of the following actions within thirty (30) days of discovering
or learning of an unintentional violation of this section:
(i) Returns the gift to the donor; or
(ii) If the gift is not returnable, pays the donor consideration that is equal to or greater than the
value of the gift.
(B) (i) The Arkansas Ethics Commission shall not proceed with an investigation of an
alleged violation of this section if the Arkansas Ethics Commission determines that a person
would be eligible to raise the affirmative defense under subdivision (c)(3)(A) of this section.
648 Art. 19, § 30 CONSTITUTION OF ARKANSAS

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(ii) If the Arkansas Ethics Commission does not proceed with an investigation of an alleged
violation under subdivision (c)(3)(B)(i) of this section, the person shall not be considered to have
committed a violation.
(C) This subdivision (c)(3) shall not be construed to authorize a person to knowingly or
willfully solicit or accept a gift in violation of this section.
(d) (1)(A) Except as provided in subdivision (d)(1)(B) of this section, the General Assembly, in
the same manner as required for amendment of laws initiated by the people, may amend this
section so long as such amendments are germane to this section and consistent with its policy
and purposes.
(B) The General Assembly may amend subsection (c) of this section by a majority vote of
each house.
(2)(A) If an act of the General Assembly amends this section, the Arkansas Code Revision
Commission may, by a majority vote of the Arkansas Code Revision Commission, make the
following revisions to the act so long as the revisions do not change the substance or meaning
of the act:
(i) Correct the spelling of words;
(ii) Change capitalization for the purpose of uniformity;
(iii) Correct manifest typographical and grammatical errors;
(iv) Correct manifest errors in references to laws and other documents;
(v) Correct manifest errors in internal reference numbers;
(vi) Number, renumber, redesignate, and rearrange this section;
(vii) Change internal reference numbers to agree with renumbered sections, subsections,
subdivisions, or other provisions of law;
(viii) Insert or delete hyphens in words to follow correct grammatical usage;
(ix) Change numerals or symbols to words or vice versa and add figures or words if they are
merely repetitions of written words or vice versa for purposes of uniformity and style;
(x) Change the form of nouns, pronouns, and verbs for purposes of style and grammar;
(xi) Correct punctuation; and
(xii) Change gender-specific language to gender-neutral language.
(B)(i) If more than one (1) act amending this section is enacted by the General Assembly
during the same session, the Arkansas Code Revision Commission may, by a majority vote of the
Arkansas Code Revision Commission, revise this section as necessary so that all of the
enactments shall be given effect, including without limitation renumbering, redesignating, and
rearranging subsections and subdivisions of this section.
(ii) In the event that one (1) or more acts amending this section result in an irreconcilable
conflict with one (1) or more other acts amending this section enacted during the same session,
the Arkansas Code Revision Commission may, by a majority vote of the Arkansas Code Revision
Commission, revise this section so that the conflicting provision of the last enactment prevails.
(3) If the Arkansas Code Revision Commission makes revisions under subdivision (d)(2) of this
section, the Arkansas Code Revision Commission shall file a report with the Speaker of the House
of Representatives, the President Pro Tempore of the Senate, and the Governor that:
(A) Explains the revisions made under subdivision (d)(2) of this section; and
(B) Includes the text of this section as amended by the revisions made under subdivision
(d)(2) of this section. [As added by Const. Amend. 94; as amended by Acts 2015, No. 1280, § 1;
2017, No. 207, § 1; 2017, No. 312, § 1; 2017, No. 1108, §§ 1, 2; 2017 (1st Ex. Sess.), No. 2,
§ 2; 2017 (1st Ex. Sess.), No. 9, § 2; 2019, No. 694, § 3.]
Publisher’s Notes. Ark. Const. Amend. 94, which
added this section effective November 5, 2014, was pro-
posed by H.J.R. 1009 during the 2013 Regular Session and
adopted at the November 2014 general election by a vote of
428,206 for and 388,459 against.
649 Art. 19, § 30 MISCELLANEOUS PROVISIONS

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§ 31. Independent citizens commission.
(a) As provided in this section, members of the General Assembly shall have no authority to set
salaries for:
(1) Their positions as members of the General Assembly;
(2) Elected constitutional officers of the executive department;
(3) Justices;
(4) Judges; and
(5) Prosecuting attorneys.
(b) (1) There is created an independent citizens commission for the purpose of setting salaries
of elected constitutional officers of the executive department, members of the General Assembly,
justices, judges, and prosecuting attorneys as provided in this section.
(2) (A) Each member of the independent citizens commission shall serve a term of four (4)
years.
(B) A person shall not serve more than two (2) terms on the independent citizens
commission.
(3) The independent citizens commission shall consist of seven (7) members as follows:
(A) Two (2) members appointed by the Governor;
(B) Two (2) members appointed by the President Pro Tempore of the Senate;
(C) Two (2) members appointed by the Speaker of the House of Representatives; and
(D) One (1) member appointed by the Chief Justice of the Supreme Court.
(4) Vacancies on the independent citizens commission shall be filled in the manner of the
original appointment.
(5) The independent citizens commission shall elect from its membership:
(A) A chair; and
(B) Other officers deemed necessary by the independent citizens commission.
(6) Four (4) members of the independent citizens commission shall constitute a quorum
for the purpose of transacting business.
(7) A majority vote of the total membership of the independent citizens commission is
required for any action of the independent citizens commission.
(8) The office of the Auditor of State shall provide staff assistance as may be requested by
the independent citizens commission.
(c) (1) In making appointments to the independent citizens commission, the Governor, the
President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Chief
Justice of the Supreme Court shall consider racial, gender, and geographical diversity.
(2) A member of the independent citizens commission shall be:
(A) A citizen of the United States;
(B) A resident of the State of Arkansas for at least two (2) years preceding his or her
appointment;
(C) A qualified elector; and
(D) At least twenty-five (25) years of age.
(3) The following persons shall not serve on the independent citizens commission:
(A) A person holding civil office;
(B) An employee of the State of Arkansas;
(C) A person required by law to register as a lobbyist; or
(D) (i) An immediate family member of:
(a) A person holding civil office;
(b) An employee of the State of Arkansas; or
(c) A person required by law to register as a lobbyist.
(ii) As used in subdivision (c)(3)(D)(i) of this section, “immediate family member” means a
person’s spouse, a child of the person or spouse, a child’s spouse, a parent of the person or the
spouse, a brother or sister of the person or the spouse, anyone living or residing in the same
residence or household with the person or the spouse, or anyone acting or serving as an agent of
the person.
650 Art. 19, § 31 CONSTITUTION OF ARKANSAS

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(d) The independent citizens commission shall have the duty to review and adjust as it deems
necessary the salaries for the following positions:
(1) Governor;
(2) Lieutenant Governor;
(3) Attorney General;
(4) Secretary of State;
(5) Treasurer of State;
(6) Auditor of State;
(7) Commissioner of State Lands;
(8) Member of the General Assembly;
(9) Chief Justice of the Supreme Court;
(10) Justice of the Supreme Court;
(11) Chief Judge of the Court of Appeals;
(12) Judge of the Court of Appeals;
(13) Circuit court judge;
(14) District court judge; and
(15) Prosecuting attorney.
(e) (1) The salaries of the positions under subsection (d) of this section:
(A) Shall not be subject to appropriation by the General Assembly; and
(B) Shall be paid from the Constitutional Officers Fund or its successor fund or fund
accounts in the amount determined by the independent citizens commission.
(2) (A) If the independent citizens commission proposes to adjust a salary for a position
under subsection (d) of this section, the independent citizens commission shall:
(i) Provide notice to the public of the proposed salary adjustment;
(ii) Make available to the public any data reviewed by the independent citizens commission in
determining the proposed salary adjustment; and
(iii)(a) Afford the public a reasonable opportunity to provide public comment on the proposed
salary adjustment.
(b) The opportunity for public comment under subdivision (e)(2)(A)(iii)(a) of this section
shall not exceed forty-five (45) days.
(B) A proposed salary adjustment of the independent citizens commission shall not be
considered a rule under the Arkansas Administrative Procedure Act, Arkansas Code
§ 25-15-201 et seq.
(3) Upon satisfying (e)(2)(A)(i)-(iii) of this section, the independent citizens commission
may file the adjusted salary with the Auditor of State.
(4) An adjustment to a salary shall be effective ten (10) days after it is filed with the
Auditor of State.
(5) When considering whether or not to adjust a salary for a position under subsection (d)
of this section, the independent citizens commission shall include in its considerations the
overall economic condition of the state at that time.
(f) (1)(A) The independent citizens commission, by a majority vote of the total membership of
the independent citizens commission cast during its first regularly scheduled meeting of each
calendar year, may authorize payment to its members of a stipend not to exceed eighty-five
dollars ($85.00) per day for each meeting attended or for any day while performing any
proper business of the independent citizens commission.
(B) Stipends shall be paid by the Auditor of State from funds available for that purpose.
(2) Members of the independent citizens commission shall receive no other compensation,
expense reimbursement, or in-lieu-of payments.
(g) (1) The independent citizens commission shall provide that the salaries of circuit judges be
uniform throughout the state.
(2) (A) Except as provided in this subdivision (g)(2), the independent citizens commission may
increase or diminish the salaries for the positions under subsection (d) of this section.
(B) The independent citizens commission may increase but not diminish the salaries for
the positions under subdivisions (d)(9)-(14) of this section.
651 Art. 19, § 31 MISCELLANEOUS PROVISIONS

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(3)(A) Except as provided in subdivision (g)(3)(B) and subdivision (m)(4)(B) of this section,
no single adjustment at any one (1) time to a salary by the independent citizens commission
shall exceed fifteen percent (15%) of the salary to be increased or diminished.
(B) Salary adjustments resulting from the initial review of the independent citizens
commission under subdivision (i)(3) of this section shall not be subject to subdivision (g)(3)(A)
of this section.
(4) The independent citizens commission shall provide for salaries to be paid in monthly
installments.
(h) Salaries for the positions under subsection (d) of this section shall continue as existing on
November 4, 2014, until adjusted by the independent citizens commission.
(i) (1) Initial members of the independent citizens commission shall be appointed within thirty
(30) days of November 5, 2014.
(2) The President Pro Tempore of the Senate shall call the first meeting of the independent
citizens commission, which shall occur within forty-five (45) days of November 5, 2014.
(3) (A) The independent citizens commission:
(i) Shall complete an initial review of the salaries for the positions under subsection (d) of this
section no later than ninety (90) days after November 5, 2014; and
(ii) May file any adjustments in salary resulting from the initial review with the Auditor of
State upon satisfying (e)(2)(A)(i)-(iii) of this section.
(B) No later than ninety (90) days after November 5, 2014, the independent citizens
commission shall also provide recommendations to the President Pro Tempore of the Senate
and the Speaker of the House of Representatives concerning the amounts to be paid to
members of the General Assembly for:
(i) Per diem;
(ii) Reimbursement for expenses; and
(iii) Reimbursement for mileage.
(4) (A) After completing the initial review under subdivision (i)(3) of this section, the indepen-
dent citizens commission shall meet as necessary to review the salaries of the positions under
subsection (d) of this section but shall not meet less than one (1) time per year.
(B) The independent citizens commission may adjust the salaries of the positions under
subsection (d) of this section as provided in this section as it deems necessary.
(j) No later than ninety (90) days before the commencement of a regular session, the
independent citizens commission shall provide recommendations to the President Pro Tempore of
the Senate and the Speaker of the House of Representatives concerning the amounts to be paid
to members of the General Assembly for:
(1) Per diem;
(2) Reimbursement for expenses; and
(3) Reimbursement for mileage.
(k) The independent citizens commission shall be subject to the Freedom of Information Act of
1967, Arkansas Code § 25-19-101 et seq.
(l) (1) The General Assembly, in the same manner as required for amendment of laws initiated
by the people, may amend this section, so long as such amendments are germane to this section
and consistent with its policy and purposes.
(2) (A) If an act of the General Assembly amends this section, the Arkansas Code Revision
Commission may, by a majority vote of the Arkansas Code Revision Commission, make the
following revisions to the act so long as the revisions do not change the substance or meaning
of the act:
(i) Correct the spelling of words;
(ii) Change capitalization for the purpose of uniformity;
(iii) Correct manifest typographical and grammatical errors;
(iv) Correct manifest errors in references to laws and other documents;
(v) Correct manifest errors in internal reference numbers;
(vi) Number, renumber, redesignate, and rearrange this section;
652 Art. 19, § 31 CONSTITUTION OF ARKANSAS

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(vii) Change internal reference numbers to agree with renumbered sections, subsections,
subdivisions, or other provisions of law;
(viii) Insert or delete hyphens in words to follow correct grammatical usage;
(ix) Change numerals or symbols to words or vice versa and add figures or words if they are
merely repetitions of written words or vice versa for purposes of uniformity and style;
(x) Change the form of nouns, pronouns, and verbs for purposes of style and grammar;
(xi) Correct punctuation; and
(xii) Change gender-specific language to gender-neutral language.
(B) (i) If more than one (1) act amending this section is enacted by the General Assembly
during the same session, the Arkansas Code Revision Commission may, by a majority vote of the
Arkansas Code Revision Commission, revise this section as necessary so that all of the
enactments shall be given effect, including without limitation renumbering, redesignating, and
rearranging subsections and subdivisions of this section.
(ii) In the event that one (1) or more acts amending this section result in an irreconcilable
conflict with one (1) or more acts amending this section enacted during the same session, the
Arkansas Code Revision Commission may, by a majority vote of the Arkansas Code Revision
Commission, revise this section so that the conflicting provision of the last enactment prevails.
(3) If the Arkansas Code Revision Commission makes revisions under subdivision (l)(2) of this
section, the Arkansas Code Revision Commission shall file a report with the Speaker of the House
of Representatives, the President Pro Tempore of the Senate, and the Governor that:
(A) Explains the revisions made under subdivision (l)(2) of this section; and
(B) Includes the text of this section as amended by the revisions made under subdivision
(l)(2) of this section.
(m) (1) Salaries for the positions under subdivision (d)(15) of this section shall continue as
existing on November 4, 2014, until adjusted by the independent citizens commission.
(2) No later than thirty (30) days after March 20, 2015, the independent citizens commission
shall begin a study of salaries for the positions under subdivision (d)(15) of this section.
(3) The independent citizens commission shall complete its review of the salaries for the
positions under subdivision (d)(15) of this section no later than thirty (30) days after the date it
begins its study under subdivision (m)(2) of this section.
(4)(A) If at the conclusion of its study under subdivision (m)(2) of this section the independent
citizens commission determines that a salary revision for the positions under subdivision
(d)(15) is appropriate, the independent citizens commission shall propose an adjustment
under subsection (e) of this section.
(B) Initial salary revisions for the positions under subdivision (d)(15) resulting from the
study under subdivision (m)(2) of this section are not subject to subdivision (g)(3)(A) of this
section. [As added by Const. Amend. 94; as amended by Acts 2015, No. 559, § 2; 2019, No.
694, § 4.]
Publisher’s Notes. Ark. Const. Amend. 94, which
added this section effective November 5, 2014, was pro-
posed by H.J.R. 1009 during the 2013 Regular Session and
adopted at the November 2014 general election by a vote of
428,206 for and 388,459 against.