Stricken language would be deleted from and underlined language would be added to present law.
Act 457 of the Regular Session
*MBM098* 03-17-2025 11:31:10 MBM098
State of Arkansas As Engrossed: H3/11/25 H3/17/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1637 3
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By: Representatives Ray, S. Meeks 5
By: Senator M. Johnson 6
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For An Act To Be Entitled 8
AN ACT CONCERNING THE DEVELOPMENT AND PRESENTATION OF 9
FISCAL IMPACT STATEMENTS CONCERNING THE FISCAL IMPACT 10
OF STATEWIDE INITIATIVE AND REFERENDUM MEASURES AND 11
LEGISLATIVELY REFERRED CONSTITUTIONAL AMENDMENTS; AND 12
FOR OTHER PURPOSES. 13
14
15
Subtitle 16
CONCERNING THE DEVELOPMENT AND 17
PRESENTATION OF FISCAL IMPACT STATEMENTS 18
CONCERNING THE FISCAL IMPACT OF 19
STATEWIDE INITIATIVE AND REFERENDUM 20
MEASURES AND LEGISLATIVELY REFERRED 21
CONSTITUTIONAL AMENDMENTS. 22
23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
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SECTION 1. Arkansas Code § 7 -9-115 is amended to read as follows: 27
7-9-115. Furnishing ballot title and popular name to election 28
commissioners. 29
(a) Not less than eighteen (18) days before the election, the 30
Secretary of State shall furnish the State Board of Election Commissioners 31
and county boards of election commissioners a certified copy of the ballot 32
title and popular name for each proposed measure and each referred act to be 33
voted upon at the ensuing election. 34
(b) If the Department of Finance and Administration prepared a fiscal 35
impact statement for a statewide measure under § 7 -9-128 or for a 36 As Engrossed: H3/11/25 H3/17/25 HB1637
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legislatively referred constitutional amendment under § 7 -9-206, the fiscal 1
impact statement shall be furnished to the State Board of Election 2
Commissioners and county boards of election commissioners along with the 3
ballot title and popular name under subsection (a) of this section. 4
5
SECTION 2. Arkansas Code § 7 -9-117 is amended to add an additional 6
subsection to read as follows: 7
(d) If the Department of Finance and Administration prepared a fiscal 8
impact statement for a statewide measure under § 7 -9-128 for inclusion on the 9
ballot, the fiscal impact statement shall be included on the ballot. 10
11
SECTION 3. Arkansas Code Title 7, Chapter 9, Subchapter 1, is amended 12
to add an additional section to read as follows: 13
7-9-128. Fiscal impact statement. 14
(a) Within ten (10) business days of a sponsor submitting an original 15
draft under § 7-9-107, the Attorney General shall determine if the proposed 16
measure has a financial impact by virtue of: 17
(1) Increasing or decreasing state revenues, costs, 18
expenditures, or indebtedness; or 19
(2) Establishing, repealing, or modifying one (1) or more taxes. 20
(b) If the Attorney General certifies a ballot title and popular name 21
under § 7-9-107(d) and he or she determines that the proposed measure has a 22
financial impact under subsection (a) of this section, he or she shall refer 23
the proposed measure and the certified ballot title and popular name within 24
three (3) business days to the Department of Finance and Administration. 25
(c) Upon the referral of a proposed measure under subsection (b) of 26
this section, the department shall prepare an unbiased, good faith fiscal 27
impact statement for the proposed measure, not exceeding one hundred (100) 28
words plus one hundred (100) additional words per revenue source created or 29
impacted by the proposed measure, that contains: 30
(1) A description of the total estimated fiscal impact of the 31
proposed measure over the time period or time periods determined by the 32
department to be most useful in understanding the estimated fiscal impact of 33
the proposed measure; 34
(2) If the proposed measure would increase taxes, decrease 35
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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increase or decrease for each type of tax affected under the proposed 1
measure, a dollar amount showing the estimated amount of a new tax, and a 2
dollar amount representing the total estimated increase or decrease in taxes 3
under the proposed measure; 4
(3) If the proposed measure would increase a particular tax or 5
tax rate, the tax percentage difference and the tax percentage increase for 6
each tax or tax rate increased; 7
(4) If the proposed measure would result in the issuance or a 8
change in the status of bonds, notes, or other debt instruments, a dollar 9
amount representing the total estimated increase or decrease in public debt 10
under the proposed law; 11
(5) A dollar amount representing the estimated cost or savings, 12
if any, to state government entities under the proposed measure; 13
(6) If the proposed measure would increase costs to state 14
government, a listing of all sources of funding for the estimated costs; and 15
(7) A concise description and analysis titled “Funding Source", 16
not to exceed one hundred (100) words for each funding source, of the funding 17
source information. 18
(d) Following the certification of a ballot title and popular name 19
under § 7-9-107(d), the sponsor of the proposed measure may provide 20
information to the department that he or she believes would assist the 21
department in preparing the unbiased, good faith fiscal impact statement 22
under subsection (c) of this section. 23
(e) If the department requests information from a state agency or 24
other public entity that is necessary for the completion of the fiscal impact 25
statement under this section, the state agency or other public entity shall 26
provide the requested information by the date identified by the department. 27
(f) If the department determines that the fiscal impact of the 28
proposed measure cannot be determined, the department may indicate that the 29
fiscal impact cannot be determined in the fiscal impact statement. 30
(g) The department shall forward the fiscal impact statement under 31
subsection (c) of this section to the Secretary of State by the seventy -sixth 32
day before the general election. 33
(h)(1) If the fiscal impact statement under subsection (c) of this 34
section exceeds two hundred (200) words, the department shall prepare an 35
additional version of the fiscal impact statement that does not exceed two 36 As Engrossed: H3/11/25 H3/17/25 HB1637
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hundred (200) words. 1
(2) The version of the fiscal impact statement that does not 2
exceed two hundred (200) words shall be included on the ballot under § 7 -9-3
117(d) in lieu of the version of the fiscal impact statement exceeding two 4
hundred (200) words. 5
(i) The sponsor of a proposed measure shall not be charged any costs 6
associated with the preparation of the fiscal impact statement under this 7
section. 8
(j) When determining the number of words in a fiscal impact statement 9
under this section, the department shall not include numerals and associated 10
special characters in the word count, including without limitations dollars 11
signs and percentage symbols. 12
13
SECTION 4. Arkansas Code Title 7, Chapter 9, Subchapter 2, is amended 14
to add an additional section to read as follows: 15
7-9-206. Fiscal impact statement. 16
(a) If the General Assembly passes a joint resolution proposing an 17
amendment to the Arkansas Constitution, the Department of Finance and 18
Administration shall determine if the proposed measure has a financial impact 19
by virtue of: 20
(1) Increasing or decreasing state revenues, costs, 21
expenditures, or indebtedness; or 22
(2) Establishing, repealing, or modifying one (1) or more taxes. 23
(b) If the department determines that the proposed amendment to the 24
Arkansas Constitution has a financial impact under subsection (a) of this 25
section, the department shall prepare an unbiased, good faith fiscal impact 26
statement for the proposed amendment to the Arkansas Constitution , not 27
exceeding one hundred (100) words plus one hundred (100) additional words per 28
revenue source created or impacted by the proposed amendment to the Arkansas 29
Constitution, that contains: 30
(1) A description of the total estimated fiscal impact of the 31
proposed amendment to the Arkansas Constitution over the time period or time 32
periods determined by the department to be most useful in understanding the 33
estimated fiscal impact of the proposed amendment to the Arkansas 34
Constitution; 35
(2) If the proposed amendment to the Arkansas Constitution would 36 As Engrossed: H3/11/25 H3/17/25 HB1637
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increase taxes, decrease taxes, or impose a new tax, a dollar amount 1
representing the total estimated increase or decrease for each type of tax 2
affected under the proposed amendment to the Arkansas Constitution , a dollar 3
amount showing the estimated amount of a new tax, and a dollar amount 4
representing the total estimated increase or decrease in taxes under the 5
proposed amendment to the Arkansas Constitution ; 6
(3) If the proposed amendment to the Arkansas Constitution would 7
increase a particular tax or tax rate, the tax percentage difference and the 8
tax percentage increase for each tax or tax rate increased; 9
(4) If the proposed amendment to the Arkansas Constitution would 10
result in the issuance or a change in the status of bonds, notes, or other 11
debt instruments, a dollar amount representing the total estimated increase 12
or decrease in public debt under the proposed law; 13
(5) A dollar amount representing the estimated cost or savings, 14
if any, to state government entities under the proposed amendment to the 15
Arkansas Constitution ; 16
(6) If the proposed amendment to the Arkansas Constitution would 17
increase costs to state government, a listing of all sources of funding for 18
the estimated costs; and 19
(7) A concise description and analysis titled “Funding Source", 20
not to exceed one hundred (100) words for each funding source, of the funding 21
source information. 22
(c) Following the passage of a joint resolution proposing an amendment 23
to the Arkansas Constitution, the sponsor of the joint resolution may provide 24
information to the department that he or she believes would assist the 25
department in preparing the unbiased, good faith fiscal impact statement 26
under subsection (b) of this section. 27
(d) If the department requests information from a state agency or 28
other public entity that is necessary for the completion of the fiscal impact 29
statement under this section, the state agency or other public entity shall 30
provide the requested information by the date identified by the department. 31
(e) If the department determines that the fiscal impact of the 32
proposed measure cannot be determined, the department may indicate that the 33
fiscal impact cannot be determined in the fiscal impact statement. 34
(f) The department shall forward the fiscal impact statement under 35
subsection (b) of this section to the Secretary of State by the seventy -sixth 36 As Engrossed: H3/11/25 H3/17/25 HB1637
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day before the general election. 1
(g) The fiscal impact statement prepared by the department under this 2
section shall be included on the ballot in the same manner as a fiscal impact 3
statement prepared under § 7 -9-128. 4
(h)(1) If the fiscal impact statement under subsection (b) of this 5
section exceeds two hundred (200) words, the department shall prepare an 6
additional version of the fiscal impact statement that does not exceed two 7
hundred (200) words. 8
(2) The version of the fiscal impact statement that does not 9
exceed two hundred (200) words shall be included on the ballot in lieu of the 10
version of the fiscal impact statement exceeding two hundred (200) words. 11
(i) When determining the number of words in a fiscal impact statement 12
under this section, the department shall not include numerals and associated 13
special characters in the word count, including without limitations dollars 14
signs and percentage symbols. 15
16
SECTION 5. DO NOT CODIFY. Measures certified before effective date of 17
act. 18
(a)(1) If the Attorney General certifies the ballot title and popular 19
name of a proposed measure under § 7 -9-107(d) before the effective date of 20
this act, the sponsor shall submit the following information to the 21
Department of Finance and Administration within ten (10) business days of the 22
effective date of this act: 23
(A) The full text of the proposed measure; 24
(B) The certified ballot title for the proposed measure; 25
and 26
(C) The certified popular name for the proposed measure. 27
(2) The sponsor may also submit information to the department he 28
or she believes would assist the department in preparing an unbiased, good 29
faith fiscal impact statement of the proposed measure. 30
(b) The department shall prepare an unbiased, good faith fiscal impact 31
statement for the proposed measure in the manner required by § 7 -9-128. 32
33
/s/Ray 34
APPROVED: 4/3/25 35
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