Arkansas 2025 Regular Session

Arkansas House Bill HB1637 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 457 of the Regular Session
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4-
5-State of Arkansas As Engrossed: H3/11/25 H3/17/25 1
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3+State of Arkansas 1
64 95th General Assembly A Bill 2
75 Regular Session, 2025 HOUSE BILL 1637 3
86 4
9-By: Representatives Ray, S. Meeks 5
7+By: Representative Ray 5
108 By: Senator M. Johnson 6
119 7
1210 For An Act To Be Entitled 8
1311 AN ACT CONCERNING THE DEVELOPMENT AND PRESENTATION OF 9
1412 FISCAL IMPACT STATEMENTS CONCERNING THE FISCAL IMPACT 10
1513 OF STATEWIDE INITIATIVE AND REFERENDUM MEASURES AND 11
1614 LEGISLATIVELY REFERRED CONSTITUTIONAL AMENDMENTS; AND 12
1715 FOR OTHER PURPOSES. 13
1816 14
1917 15
2018 Subtitle 16
2119 CONCERNING THE DEVELOPMENT AND 17
2220 PRESENTATION OF FISCAL IMPACT STATEMENTS 18
2321 CONCERNING THE FISCAL IMPACT OF 19
2422 STATEWIDE INITIATIVE AND REFERENDUM 20
2523 MEASURES AND LEGISLATIVELY REFERRED 21
2624 CONSTITUTIONAL AMENDMENTS. 22
2725 23
2826 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
2927 25
30- 26
31- SECTION 1. Arkansas Code § 7 -9-115 is amended to read as follows: 27
32- 7-9-115. Furnishing ballot title and popular name to election 28
33-commissioners. 29
34- (a) Not less than eighteen (18) days before the election, the 30
35-Secretary of State shall furnish the State Board of Election Commissioners 31
36-and county boards of election commissioners a certified copy of the ballot 32
37-title and popular name for each proposed measure and each referred act to be 33
38-voted upon at the ensuing election. 34
39- (b) If the Department of Finance and Administration prepared a fiscal 35
40-impact statement for a statewide measure under § 7 -9-128 or for a 36 As Engrossed: H3/11/25 H3/17/25 HB1637
28+ SECTION 1. Arkansas Code § 7 -9-114 is repealed. 26
29+ 7-9-114. Abstract of proposed measure. 27
30+ (a) The Attorney General shall prepare a concise abstract of the 28
31+contents of each statewide initiative and referendum measure proposed under 29
32+Arkansas Constitution, Amendment 7, and he or she shall transmit it to the 30
33+Secretary of State not less than twenty (20) days before the election. 31
34+ (b) Not less than eighteen (18) days before the election, the 32
35+Secretary of State shall transmit a certified copy of the abstract to the 33
36+county boards of election commissioners, who shall cause copies to be printed 34
37+and posted conspicuously at all polling places in the county for the 35
38+information of the voters. 36 HB1637
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41+ (c) The cost of printing copies of the abstracts shall be borne by the 1
42+counties as a regular expense of the election. 2
43+ 3
44+ SECTION 2. Arkansas Code § 7 -9-115 is amended to read as follows: 4
45+ 7-9-115. Furnishing ballot title and popular name to election 5
46+commissioners. 6
47+ (a) Not less than eighteen (18) days before the election, the 7
48+Secretary of State shall furnish the State Board of Election Commissioners 8
49+and county boards of election commissioners a certified copy of the ballot 9
50+title and popular name for each proposed measure and each referred act to be 10
51+voted upon at the ensuing election. 11
52+ (b) If the Department of Finance and Administration prepared a fiscal 12
53+impact statement for a statewide measure under § 7 -9-128 or for a 13
54+legislatively referred constitutional amendment under § 7 -9-206, the fiscal 14
55+impact statement shall be furnished to the State Board of Election 15
56+Commissioners and county boards of election commissioners along with the 16
57+ballot title and popular name under subsection (a) of this section. 17
58+ 18
59+ SECTION 3. Arkansas Code § 7 -9-117 is amended to add an additional 19
60+subsection to read as follows: 20
61+ (d) If the Department of Finance and Administration prepared a fiscal 21
62+impact statement for a statewide measure under § 7 -9-128 for inclusion on the 22
63+ballot, the fiscal impact statement shall be included on the ballot. 23
64+ 24
65+ SECTION 4. Arkansas Code Title 7, Chapter 9, Subchapter 1, is amended 25
66+to add an additional section to read as follows: 26
67+ 7-9-128. Fiscal impact statement. 27
68+ (a) Within ten (10) business days of a sponsor submitting an original 28
69+draft under § 7-9-107, the Attorney General shall determine if the proposed 29
70+measure has a financial impact by virtue of: 30
71+ (1) Increasing or decreasing state revenues, costs, 31
72+expenditures, or indebtedness; or 32
73+ (2) Establishing, repealing, or modifying one (1) or more taxes. 33
74+ (b) If the Attorney General certifies a ballot title and popular name 34
75+under § 7-9-107(d) and he or she determines that the proposed measure has a 35
76+financial impact under subsection (a) of this section, he or she shall refer 36 HB1637
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79+the proposed measure and the certified ballot title and popular name within 1
80+three (3) business days to the Department of Finance and Administration. 2
81+ (c) Upon the referral of a proposed measure under subsection (b) of 3
82+this section, the department shall prepare an unbiased, good faith fiscal 4
83+impact statement for the proposed measure, not exceeding one hundred (100) 5
84+words plus one hundred (100) additional words per revenue source created or 6
85+impacted by the proposed measure, that contains: 7
86+ (1) A description of the total estimated fiscal impact of the 8
87+proposed measure over the time period or time periods determined by the 9
88+department to be most useful in understanding the estimated fiscal impact of 10
89+the proposed measure; 11
90+ (2) If the proposed measure would increase taxes, decrease 12
91+taxes, or impose a new tax, a dollar amount representing the total estimated 13
92+increase or decrease for each type of tax affected under the proposed 14
93+measure, a dollar amount showing the estimated amount of a new tax, and a 15
94+dollar amount representing the total estimated increase or decrease in taxes 16
95+under the proposed measure; 17
96+ (3) If the proposed measure would increase a particular tax or 18
97+tax rate, the tax percentage difference and the tax percentage increase for 19
98+each tax or tax rate increased; 20
99+ (4) If the proposed measure would result in the issuance or a 21
100+change in the status of bonds, notes, or other debt instruments, a dollar 22
101+amount representing the total estimated increase or decrease in public debt 23
102+under the proposed law; 24
103+ (5) A dollar amount representing the estimated cost or savings, 25
104+if any, to state or local government entities under the proposed measure; 26
105+ (6) If the proposed measure would increase costs to state 27
106+government, a listing of all sources of funding for the estimated costs; and 28
107+ (7) A concise description and analysis titled “Funding Source", 29
108+not to exceed one hundred (100) words for each funding source, of the funding 30
109+source information. 31
110+ (d) Following the certification of a ballot title and popular name 32
111+under § 7-9-107(d), the sponsor of the proposed measure may provide 33
112+information to the department that he or she believes would assist the 34
113+department in preparing the unbiased, good faith fiscal impact statement 35
114+under subsection (c) of this section. 36 HB1637
44115
45-legislatively referred constitutional amendment under § 7 -9-206, the fiscal 1
46-impact statement shall be furnished to the State Board of Election 2
47-Commissioners and county boards of election commissioners along with the 3
48-ballot title and popular name under subsection (a) of this section. 4
49- 5
50- SECTION 2. Arkansas Code § 7 -9-117 is amended to add an additional 6
51-subsection to read as follows: 7
52- (d) If the Department of Finance and Administration prepared a fiscal 8
53-impact statement for a statewide measure under § 7 -9-128 for inclusion on the 9
54-ballot, the fiscal impact statement shall be included on the ballot. 10
55- 11
56- SECTION 3. Arkansas Code Title 7, Chapter 9, Subchapter 1, is amended 12
57-to add an additional section to read as follows: 13
58- 7-9-128. Fiscal impact statement. 14
59- (a) Within ten (10) business days of a sponsor submitting an original 15
60-draft under § 7-9-107, the Attorney General shall determine if the proposed 16
61-measure has a financial impact by virtue of: 17
62- (1) Increasing or decreasing state revenues, costs, 18
63-expenditures, or indebtedness; or 19
64- (2) Establishing, repealing, or modifying one (1) or more taxes. 20
65- (b) If the Attorney General certifies a ballot title and popular name 21
66-under § 7-9-107(d) and he or she determines that the proposed measure has a 22
67-financial impact under subsection (a) of this section, he or she shall refer 23
68-the proposed measure and the certified ballot title and popular name within 24
69-three (3) business days to the Department of Finance and Administration. 25
70- (c) Upon the referral of a proposed measure under subsection (b) of 26
71-this section, the department shall prepare an unbiased, good faith fiscal 27
72-impact statement for the proposed measure, not exceeding one hundred (100) 28
73-words plus one hundred (100) additional words per revenue source created or 29
74-impacted by the proposed measure, that contains: 30
75- (1) A description of the total estimated fiscal impact of the 31
76-proposed measure over the time period or time periods determined by the 32
77-department to be most useful in understanding the estimated fiscal impact of 33
78-the proposed measure; 34
79- (2) If the proposed measure would increase taxes, decrease 35
80-taxes, or impose a new tax, a dollar amount representing the total estimated 36 As Engrossed: H3/11/25 H3/17/25 HB1637
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117+ (e) If the department requests information from a state agency or 1
118+other public entity that is necessary for the completion of the fiscal impact 2
119+statement under this section, the state agency or other public entity shall 3
120+provide the requested information by the date identified by the department. 4
121+ (f) The department shall forward the fiscal impact statement under 5
122+subsection (c) of this section to the Secretary of State by the seventy -sixth 6
123+day before the general election. 7
124+ (g)(1) If the fiscal impact statement under subsection (c) of this 8
125+section exceeds two hundred (200) words, the department shall prepare an 9
126+additional version of the fiscal impact statement that does not exceed two 10
127+hundred (200) words. 11
128+ (2) The version of the fiscal impact statement that does not 12
129+exceed two hundred (200) words shall be included on the ballot under § 7 -9-13
130+117(d) in lieu of the version of the fiscal impact statement exceeding two 14
131+hundred (200) words. 15
132+ 16
133+ SECTION 5. Arkansas Code Title 7, Chapter 9, Subchapter 2, is amended 17
134+to add an additional section to read as follows: 18
135+ 7-9-206. Fiscal impact statement. 19
136+ (a) If the General Assembly passes a joint resolution proposing an 20
137+amendment to the Arkansas Constitution, the Department of Finance and 21
138+Administration shall determine if the proposed measure has a financial impact 22
139+by virtue of: 23
140+ (1) Increasing or decreasing state revenues, costs, 24
141+expenditures, or indebtedness; or 25
142+ (2) Establishing, repealing, or modifying one (1) or more taxes. 26
143+ (b) If the department determines that the proposed amendment to the 27
144+Arkansas Constitution has a financial impact under subsection (a) of this 28
145+section, the department shall prepare an unbiased, good faith fiscal impact 29
146+statement for the proposed amendment to the Arkansas Constitution , not 30
147+exceeding one hundred (100) words plus one hundred (100) additional words per 31
148+revenue source created or impacted by the proposed amendment to the Arkansas 32
149+Constitution, that contains: 33
150+ (1) A description of the total estimated fiscal impact of the 34
151+proposed amendment to the Arkansas Constitution over the time period or time 35
152+periods determined by the department to be most useful in understanding the 36 HB1637
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155+estimated fiscal impact of the proposed amendment to the Arkansas 1
156+Constitution; 2
157+ (2) If the proposed amendment to the Arkansas Constitution would 3
158+increase taxes, decrease taxes, or impose a new tax, a dollar amount 4
159+representing the total estimated increase or decrease for each type of tax 5
160+affected under the proposed amendment to the Arkansas Constitution , a dollar 6
161+amount showing the estimated amount of a new tax, and a dollar amount 7
162+representing the total estimated increase or decrease in taxes under the 8
163+proposed amendment to the Arkansas Constitution ; 9
164+ (3) If the proposed amendment to the Arkansas Constitution would 10
165+increase a particular tax or tax rate, the tax percentage difference and the 11
166+tax percentage increase for each tax or tax rate increased; 12
167+ (4) If the proposed amendment to the Arkansas Constitution would 13
168+result in the issuance or a change in the status of bonds, notes, or other 14
169+debt instruments, a dollar amount representing the total estimated increase 15
170+or decrease in public debt under the proposed law; 16
171+ (5) A dollar amount representing the estimated cost or savings, 17
172+if any, to state or local government entities under the proposed amendment to 18
173+the Arkansas Constitution ; 19
174+ (6) If the proposed amendment to the Arkansas Constitution would 20
175+increase costs to state government, a listing of all sources of funding for 21
176+the estimated costs; and 22
177+ (7) A concise description and analysis titled “Funding Source", 23
178+not to exceed one hundred (100) words for each funding source, of the funding 24
179+source information. 25
180+ (c) Following the passage of a joint resolution proposing an amendment 26
181+to the Arkansas Constitution , the sponsor of the joint resolution may provide 27
182+information to the department that he or she believes would assist the 28
183+department in preparing the unbiased, good faith fiscal impact statement 29
184+under subsection (b) of this section. 30
185+ (d) If the department requests information from a state agency or 31
186+other public entity that is necessary for the completion of the fiscal impact 32
187+statement under this section, the state agency or other public entity shall 33
188+provide the requested information by the date identified by the department. 34
189+ (e) The department shall forward the fiscal impact statement under 35
190+subsection (b) of this section to the Secretary of State by the seventy -sixth 36 HB1637
83191
84-
85-increase or decrease for each type of tax affected under the proposed 1
86-measure, a dollar amount showing the estimated amount of a new tax, and a 2
87-dollar amount representing the total estimated increase or decrease in taxes 3
88-under the proposed measure; 4
89- (3) If the proposed measure would increase a particular tax or 5
90-tax rate, the tax percentage difference and the tax percentage increase for 6
91-each tax or tax rate increased; 7
92- (4) If the proposed measure would result in the issuance or a 8
93-change in the status of bonds, notes, or other debt instruments, a dollar 9
94-amount representing the total estimated increase or decrease in public debt 10
95-under the proposed law; 11
96- (5) A dollar amount representing the estimated cost or savings, 12
97-if any, to state government entities under the proposed measure; 13
98- (6) If the proposed measure would increase costs to state 14
99-government, a listing of all sources of funding for the estimated costs; and 15
100- (7) A concise description and analysis titled “Funding Source", 16
101-not to exceed one hundred (100) words for each funding source, of the funding 17
102-source information. 18
103- (d) Following the certification of a ballot title and popular name 19
104-under § 7-9-107(d), the sponsor of the proposed measure may provide 20
105-information to the department that he or she believes would assist the 21
106-department in preparing the unbiased, good faith fiscal impact statement 22
107-under subsection (c) of this section. 23
108- (e) If the department requests information from a state agency or 24
109-other public entity that is necessary for the completion of the fiscal impact 25
110-statement under this section, the state agency or other public entity shall 26
111-provide the requested information by the date identified by the department. 27
112- (f) If the department determines that the fiscal impact of the 28
113-proposed measure cannot be determined, the department may indicate that the 29
114-fiscal impact cannot be determined in the fiscal impact statement. 30
115- (g) The department shall forward the fiscal impact statement under 31
116-subsection (c) of this section to the Secretary of State by the seventy -sixth 32
117-day before the general election. 33
118- (h)(1) If the fiscal impact statement under subsection (c) of this 34
119-section exceeds two hundred (200) words, the department shall prepare an 35
120-additional version of the fiscal impact statement that does not exceed two 36 As Engrossed: H3/11/25 H3/17/25 HB1637
121-
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123-
124-
125-hundred (200) words. 1
126- (2) The version of the fiscal impact statement that does not 2
127-exceed two hundred (200) words shall be included on the ballot under § 7 -9-3
128-117(d) in lieu of the version of the fiscal impact statement exceeding two 4
129-hundred (200) words. 5
130- (i) The sponsor of a proposed measure shall not be charged any costs 6
131-associated with the preparation of the fiscal impact statement under this 7
132-section. 8
133- (j) When determining the number of words in a fiscal impact statement 9
134-under this section, the department shall not include numerals and associated 10
135-special characters in the word count, including without limitations dollars 11
136-signs and percentage symbols. 12
137- 13
138- SECTION 4. Arkansas Code Title 7, Chapter 9, Subchapter 2, is amended 14
139-to add an additional section to read as follows: 15
140- 7-9-206. Fiscal impact statement. 16
141- (a) If the General Assembly passes a joint resolution proposing an 17
142-amendment to the Arkansas Constitution, the Department of Finance and 18
143-Administration shall determine if the proposed measure has a financial impact 19
144-by virtue of: 20
145- (1) Increasing or decreasing state revenues, costs, 21
146-expenditures, or indebtedness; or 22
147- (2) Establishing, repealing, or modifying one (1) or more taxes. 23
148- (b) If the department determines that the proposed amendment to the 24
149-Arkansas Constitution has a financial impact under subsection (a) of this 25
150-section, the department shall prepare an unbiased, good faith fiscal impact 26
151-statement for the proposed amendment to the Arkansas Constitution , not 27
152-exceeding one hundred (100) words plus one hundred (100) additional words per 28
153-revenue source created or impacted by the proposed amendment to the Arkansas 29
154-Constitution, that contains: 30
155- (1) A description of the total estimated fiscal impact of the 31
156-proposed amendment to the Arkansas Constitution over the time period or time 32
157-periods determined by the department to be most useful in understanding the 33
158-estimated fiscal impact of the proposed amendment to the Arkansas 34
159-Constitution; 35
160- (2) If the proposed amendment to the Arkansas Constitution would 36 As Engrossed: H3/11/25 H3/17/25 HB1637
161-
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163-
164-
165-increase taxes, decrease taxes, or impose a new tax, a dollar amount 1
166-representing the total estimated increase or decrease for each type of tax 2
167-affected under the proposed amendment to the Arkansas Constitution , a dollar 3
168-amount showing the estimated amount of a new tax, and a dollar amount 4
169-representing the total estimated increase or decrease in taxes under the 5
170-proposed amendment to the Arkansas Constitution ; 6
171- (3) If the proposed amendment to the Arkansas Constitution would 7
172-increase a particular tax or tax rate, the tax percentage difference and the 8
173-tax percentage increase for each tax or tax rate increased; 9
174- (4) If the proposed amendment to the Arkansas Constitution would 10
175-result in the issuance or a change in the status of bonds, notes, or other 11
176-debt instruments, a dollar amount representing the total estimated increase 12
177-or decrease in public debt under the proposed law; 13
178- (5) A dollar amount representing the estimated cost or savings, 14
179-if any, to state government entities under the proposed amendment to the 15
180-Arkansas Constitution ; 16
181- (6) If the proposed amendment to the Arkansas Constitution would 17
182-increase costs to state government, a listing of all sources of funding for 18
183-the estimated costs; and 19
184- (7) A concise description and analysis titled “Funding Source", 20
185-not to exceed one hundred (100) words for each funding source, of the funding 21
186-source information. 22
187- (c) Following the passage of a joint resolution proposing an amendment 23
188-to the Arkansas Constitution, the sponsor of the joint resolution may provide 24
189-information to the department that he or she believes would assist the 25
190-department in preparing the unbiased, good faith fiscal impact statement 26
191-under subsection (b) of this section. 27
192- (d) If the department requests information from a state agency or 28
193-other public entity that is necessary for the completion of the fiscal impact 29
194-statement under this section, the state agency or other public entity shall 30
195-provide the requested information by the date identified by the department. 31
196- (e) If the department determines that the fiscal impact of the 32
197-proposed measure cannot be determined, the department may indicate that the 33
198-fiscal impact cannot be determined in the fiscal impact statement. 34
199- (f) The department shall forward the fiscal impact statement under 35
200-subsection (b) of this section to the Secretary of State by the seventy -sixth 36 As Engrossed: H3/11/25 H3/17/25 HB1637
201-
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204-
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205193 day before the general election. 1
206- (g) The fiscal impact statement prepared by the department under this 2
194+ (f) The fiscal impact statement prepared by the department under this 2
207195 section shall be included on the ballot in the same manner as a fiscal impact 3
208196 statement prepared under § 7 -9-128. 4
209- (h)(1) If the fiscal impact statement under subsection (b) of this 5
197+ (g)(1) If the fiscal impact statement under subsection (b) of this 5
210198 section exceeds two hundred (200) words, the department shall prepare an 6
211199 additional version of the fiscal impact statement that does not exceed two 7
212200 hundred (200) words. 8
213201 (2) The version of the fiscal impact statement that does not 9
214202 exceed two hundred (200) words shall be included on the ballot in lieu of the 10
215203 version of the fiscal impact statement exceeding two hundred (200) words. 11
216- (i) When determining the number of words in a fiscal impact statement 12
217-under this section, the department shall not include numerals and associated 13
218-special characters in the word count, including without limitations dollars 14
219-signs and percentage symbols. 15
220- 16
221- SECTION 5. DO NOT CODIFY. Measures certified before effective date of 17
222-act. 18
223- (a)(1) If the Attorney General certifies the ballot title and popular 19
224-name of a proposed measure under § 7 -9-107(d) before the effective date of 20
225-this act, the sponsor shall submit the following information to the 21
226-Department of Finance and Administration within ten (10) business days of the 22
227-effective date of this act: 23
228- (A) The full text of the proposed measure; 24
229- (B) The certified ballot title for the proposed measure; 25
230-and 26
231- (C) The certified popular name for the proposed measure. 27
232- (2) The sponsor may also submit information to the department he 28
233-or she believes would assist the department in preparing an unbiased, good 29
234-faith fiscal impact statement of the proposed measure. 30
235- (b) The department shall prepare an unbiased, good faith fiscal impact 31
236-statement for the proposed measure in the manner required by § 7 -9-128. 32
204+ 12
205+ SECTION 6. DO NOT CODIFY. Measures certified before effective date of 13
206+act. 14
207+ (a)(1) If the Attorney General certifies the ballot title and popular 15
208+name of a proposed measure under § 7 -9-107(d) before the effective date of 16
209+this act, the sponsor shall submit the following information to the 17
210+Department of Finance and Administration within ten (10) business days of the 18
211+effective date of this act: 19
212+ (A) The full text of the proposed measure; 20
213+ (B) The certified ballot title for the proposed measure; 21
214+and 22
215+ (C) The certified popular name for the proposed measure. 23
216+ (2) The sponsor may also submit information to the department he 24
217+or she believes would assist the department in preparing an unbiased, good 25
218+faith fiscal impact statement of the proposed measure. 26
219+ (b) The department shall prepare an unbiased, good faith fiscal impact 27
220+statement for the proposed measure in the manner required by § 7 -9-128. 28
221+ 29
222+ 30
223+ 31
224+ 32
237225 33
238-/s/Ray 34
239-APPROVED: 4/3/25 35
226+ 34
227+ 35
240228 36