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Arkansas House Bill HJR1003

Arkansas 2025 Regular Session

Arkansas House Bill HJR1003 Compare Versions

Only one version of the bill is available at this time.
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11 Stricken language would be deleted from and underlined language would be added to the Arkansas
22 Constitution.
33 *MBM001* 11/20/2024 8:50:21 AM MBM001
44 State of Arkansas 1
55 95th General Assembly 2
66 Regular Session, 2025 H JR 1003 3
77 4
88 By: Representative A. Collins 5
99 6
1010 7
1111 HOUSE JOINT RESOLUTION 8
1212 AN AMENDMENT TO THE ARKANSAS CONSTITUTION PROVIDING 9
1313 THAT GOVERNMENT TRANSPARENCY IS A RIGHT OF ARKANSAS 10
1414 CITIZENS; DEFINING "GOVERNMENT TRANSPARENCY" AS THE 11
1515 GOVERNMENT'S OBLIGATION TO SHARE INFORMATION WITH 12
1616 CITIZENS OR TO DELIVER INFORMATION TO CITIZENS; 13
1717 PROHIBITING THE GENERAL ASSEMBLY FROM MAKING A LAW 14
1818 CONCERNING GOVERNMENT TRANSPARENCY WITHOUT APPROVAL 15
1919 BY A VOTE OF THE PEOPLE, BUT ALLOWING A TWO -THIRDS 16
2020 MAJORITY OF THE GENERAL ASSEMBLY TO REFER SUCH A LAW 17
2121 TO THE PEOPLE TO BE APPROVED OR REJECTED AT THE NEXT 18
2222 GENERAL ELECTION; PERMITTING THE GENERAL ASSEMBLY, BY 19
2323 A NINE-TENTHS VOTE AND IN THE CASE OF AN EMERGENCY, 20
2424 TO MAKE A LAW CONCERNING GOVERNMENT TRANSPARENCY TAKE 21
2525 IMMEDIATE EFFECT UNTIL APPROVED OR REJECTED BY A VOTE 22
2626 OF THE PEOPLE AT THE NEXT GENERAL ELECTION; 23
2727 CLARIFYING THAT ANY ACT THE GENERAL ASSEMBLY REFERRED 24
2828 TO THE PEOPLE UNDER THIS AMENDMENT IS NOT A REFERRED 25
2929 CONSTITUTIONAL AMENDMENT UNDER ARTICLE 19, SECTION 26
3030 22, OF THE ARKANSAS CONSTITUTION; PROHIBITING THE 27
3131 GENERAL ASSEMBLY FROM AMENDING THIS AMENDMENT BY 28
3232 REFERRING AN AMENDMENT TO THE PEOPLE UNDER ARTICLE 29
3333 19, SECTION 22, OF THE ARKANSAS CONSTITUTION; 30
3434 CLARIFYING THAT THE PEOPLE OF ARKANSAS MAY EXERCISE 31
3535 THEIR AUTHORITY UNDER ARTICLE 5, SECTION 1, TO AMEND 32
3636 THIS AMENDMENT OR AN ARKANSAS STATUTE CONCERNING 33
3737 GOVERNMENT TRANSPARENCY; ABROGATING THE SOVEREIGN 34
3838 IMMUNITY OF THE STATE OF ARKANSAS IN LAWSUITS 35
3939 CONCERNING GOVERNMENT TRANSPARENCY AND ALLOWING 36 HJR1003
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4242 PLAINTIFFS TO RECOVER ATTORNEY'S FEES IN SUCH SUITS; 1
4343 CLARIFYING THAT THIS AMENDMENT DOES NOT ALTER THE 2
4444 CONSTITUTIONAL POWERS OF THE SUPREME COURT; 3
4545 CLARIFYING THAT THIS AMENDMENT DOES NOT ALTER THE 4
4646 CONSTITUTIONAL POWERS OF THE GENERAL ASSEMBLY TO 5
4747 DETERMINE THE RULES THAT AFFECT THE OPENNESS OF STATE 6
4848 LEGISLATIVE MEETINGS; DECLARING THAT ALL PROVISIONS 7
4949 OF THE ARKANSAS CONSTITUTION, ARKANSAS LAW, AND 8
5050 COMMON LAW OF THIS STATE ARE DECLARED NULL AND VOID 9
5151 TO THE EXTENT THEY ARE INCONSISTENT OR IN CONFLICT 10
5252 WITH ANY PROVISION OF THIS AMENDMENT; DECLARING THAT 11
5353 THIS AMENDMENT'S PROVISIONS ARE SEVERABLE; AND 12
5454 STATING THAT THIS AMENDMENT IS EFFECTIVE NOVEMBER 4, 13
5555 2026. 14
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5858 Subtitle 17
5959 THE ARKANSAS GOVERNMENT DISCLOSURE 18
6060 AMENDMENT. 19
6161 20
6262 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE NINETY -FIFTH GENERAL 21
6363 ASSEMBLY OF THE STATE OF ARKANSAS, AND BY THE SENATE, A MAJORITY OF ALL 22
6464 MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO: 23
6565 24
6666 THAT the following is proposed as an amendment to the Constitution of 25
6767 the State of Arkansas, and upon being submitted to the electors of the state 26
6868 for approval or rejection at the next general election for Representatives 27
6969 and Senators, if a majority of the electors voting thereon at the election 28
7070 adopt the amendment, the amendment shall become a part of the Constitution of 29
7171 the State of Arkansas, to wit: 30
7272 31
7373 SECTION 1. The Arkansas Constitution is amended to add an additional 32
7474 amendment to read as follows: 33
7575 § 1. Title. 34
7676 This amendment shall be known and may be cited as the “Arkansas 35
7777 Government Disclosure Amendment of 2026”. 36 HJR1003
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8181 § 2. Policy, duties, rights, and interpretation. 2
8282 (a) It is vital in a democratic society that public business be 3
8383 performed in an open and public manner so that the electors of the state 4
8484 shall be advised of the performance of public officials and of the decisions 5
8585 that are reached in public activity and in making public policy. 6
8686 (b) Government transparency is a right of the citizens of Arkansas. 7
8787 8
8888 § 3. Definition. 9
8989 As used in this amendment, “government transparency” means the 10
9090 government’s obligation to: 11
9191 (1) Share information with citizens; or 12
9292 (2) Deliver information to citizens. 13
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9494 § 4. Procedure for enacting laws that affect government transparency. 15
9595 (a) The General Assembly shall not make a law concerning government 16
9696 transparency except as provided in this section. 17
9797 (b) The General Assembly may propose a law concerning government 18
9898 transparency only by referring a bill adopted by a two -thirds (2/3) majority 19
9999 vote of both the House of Representatives and the Senate to the electors at 20
100100 the next general election for approval or rejection of the referred bill. 21
101101 (c)(1) Except as provided in subdivision (c)(2) of this section, a 22
102102 referred bill concerning government transparency shall not become effective 23
103103 before its approval by the electors at the next general election. 24
104104 (2)(A) If it shall be necessary for the preservation of the 25
105105 public peace, health, and safety that the referred bill become effective 26
106106 without delay, the General Assembly may declare an emergency by a vote of 27
107107 nine-tenths (9/10) of the House of Representatives and the Senate. 28
108108 (B) If the emergency declaration under subdivision 29
109109 (c)(2)(A) of this section is adopted by the General Assembly: 30
110110 (i) The referred bill shall become effective 31
111111 immediately; and 32
112112 (ii) If the electors reject the referred bill at the 33
113113 next general election, the referred bill shall no longer be in effect. 34
114114 (d) A referred bill under this section: 35
115115 (1) Shall be published in the manner prescribed under Arkansas 36 HJR1003
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118118 Constitution, Article 19, § 22; and 1
119119 (2) Is not a constitutional amendment under Arkansas 2
120120 Constitution, Article 19, § 22. 3
121121 4
122122 § 5. Amendment not to be amended under Arkansas Constitution, Article 5
123123 19, § 22. 6
124124 (a) The General Assembly shall not propose an amendment to this 7
125125 amendment to be submitted to the electors for approval or rejection under 8
126126 Arkansas Constitution, Article 19, § 22. 9
127127 (b) The people of the State of Arkansas may amend this amendment or an 10
128128 Arkansas statute concerning government transparency as provided under 11
129129 Arkansas Constitution, Article 5, § 1, or this section. 12
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131131 § 6. Immunity and attorney’s fees. 14
132132 (a) The State of Arkansas may be made a defendant in her courts for 15
133133 failure to comply with the requirements of Arkansas law concerning government 16
134134 transparency. 17
135135 (b) Attorney’s fees shall be available to a prevailing citizen in an 18
136136 action against the State of Arkansas for failure to comply with the 19
137137 requirements of Arkansas law concerning government transparency. 20
138138 21
139139 § 7. Inconsistent provisions inapplicable. 22
140140 (a) Except as provided in subsection (b) of this section, all 23
141141 provisions of the Arkansas Constitution, Arkansas law, and the common law of 24
142142 the State of Arkansas are expressly declared null and void to the extent they 25
143143 are inconsistent or otherwise in conflict with any provision of this 26
144144 amendment. 27
145145 (b) This amendment shall not be construed to alter the constitutional 28
146146 powers of the: 29
147147 (1) Supreme Court; or 30
148148 (2) General Assembly to determine the rules that affect the 31
149149 openness of legislative meetings. 32
150150 33
151151 § 8. Severability. 34
152152 If any provision or section of this amendment or the application 35
153153 thereof to any person or circumstance is held invalid, that invalidity shall 36 HJR1003
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156156 not affect any other provision or application of the amendment that can be 1
157157 given effect without the invalid provision or application, and to this end 2
158158 the provisions of this amendment are declared to be severable. 3
159159 4
160160 § 9. Effective date. 5
161161 This amendment is effective on and after November 4, 2026. 6
162162 7
163163 SECTION 2. BALLOT TITLE AND POPULAR NAME. When this proposed 8
164164 amendment is submitted to the electors of this state on the general election 9
165165 ballot: 10
166166 (1) The title of this Joint Resolution shall be the ballot 11
167167 title; and 12
168168 (2) The popular name shall be the "Arkansas Government 13
169169 Disclosure Amendment.". 14
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