Stricken language would be deleted from and underlined language would be added to the Arkansas Constitution. *MBM049* 01/27/2025 11:08:47 AM MBM049 State of Arkansas 1 95th General Assembly 2 Regular Session, 2025 HJR 1008 3 4 By: Representative S. Meeks 5 6 7 HOUSE JOINT RESOLUTION 8 AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING 9 THE TAXATION OF PERSONAL PROPERTY AND REAL PROPERTY 10 IN THE STATE OF ARKANSAS; AUTHORIZING THE GENERAL 11 ASSEMBLY TO REDUCE OR ELIMINATE THE TAXATION OF 12 PERSONAL PROPERTY BY LAW AND TO CREATE EXEMPTIONS FOR 13 THE TAXATION OF PERSONAL PROPERTY; REPEALING THE 14 REQUIREMENT THAT PERSONAL PROPERTY AND REAL PROPERTY 15 BE TAXED AT AN EQUAL RATE; AND AMENDING ARKANSAS 16 CONSTITUTION, AMENDMENTS 30 AND 38, T0 PROVIDE THAT 17 TAXES FOR THE PURPOSES OF THE AMENDMENTS MAY BE 18 LEVIED ON REAL PROPERTY, PERSONAL PROPERTY, OR BOTH 19 REAL AND PERSONAL PROPERTY. 20 21 22 Subtitle 23 AN AMENDMENT TO THE ARKANSAS 24 CONSTITUTION CONCERNING THE TAXATION OF 25 PERSONAL PROPERTY AND REAL PROPERTY IN 26 THE STATE OF ARKANSAS. 27 28 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE NINETY -FIFTH GENERAL 29 ASSEMBLY OF THE STATE OF ARKANSAS, AND BY THE SENATE, A MAJORITY OF ALL 30 MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO: 31 32 THAT the following is proposed as an amendment to the Constitution of 33 the State of Arkansas, and upon being submitted to the electors of the state 34 for approval or rejection at the next general election for Representatives 35 and Senators, if a majority of the electors voting thereon at the election 36 HJR1008 2 01/27/2025 11:08:47 AM MBM049 adopt the amendment, the amendment shall become a part of the Constitution of 1 the State of Arkansas, to wit: 2 3 SECTION 1. The Arkansas Constitution is amended to add an additional 4 amendment to read as follows: 5 § 1. Reduction of taxation of personal property. 6 (a) The General Assembly may enact laws to: 7 (1) Reduce the rates on the taxation of personal property, 8 including without limitation laws: 9 (A) Providing that no tax shall be levied on personal 10 property; and 11 (B) Establishing a maximum rate of taxation of personal 12 property and subsequently modifying the maximum rate of taxation; and 13 (2) Create exemptions for the taxation of personal property. 14 (b) A law enacted by the General Assembly under this amendment: 15 (1) Requires a majority vote of each house of the General 16 Assembly for passage; and 17 (2) Supersedes any provision of the Arkansas Constitution in 18 conflict with the law. 19 20 SECTION 2. Arkansas Constitution, Amendment 30, § 1, is amended to 21 read as follows: 22 § 1. Petition for tax levy — Election. 23 Whenever 100 or more taxpaying electors of any city, having a 24 population of not less than 5,000, shall file a petition with the Mayor 25 asking that an annual tax on real and personal property real property, 26 personal property, or both real property and personal property be levied for 27 the purpose of maintaining and operating a public city library and shall 28 specify a rate of taxation not to exceed five mills on the dollar on real 29 property, or not to exceed five mills on the dollar on personal property, or 30 not to exceed five mills on the dollar on each type of property, real 31 property and personal property , the question as to whether such tax shall be 32 levied shall be submitted to the qualified electors of such city at a general 33 or special election. Such petition must be filed at least thirty days prior 34 to the election at which it will be submitted to the voters. The ballot 35 shall be in substantially the following form and may be adjusted to reflect 36 HJR1008 3 01/27/2025 11:08:47 AM MBM049 whether the proposed annual tax would be upon real property, personal 1 property, or both real property and personal property : 2 For a ___ mill tax on real property and a ___ mill tax on personal property 3 to be used for maintenance and operation of a public city library. 4 Against a ___ mill tax on real property and a ___ mill tax on personal 5 property to be used for maintenance and operation of a public city library. 6 7 SECTION 3. Arkansas Constitution, Amendment 30, § 5(a) and (b), 8 concerning tax levies for capital improvements to or construction of a public 9 city library, are amended to read as follows: 10 (a) Whenever 100 or more taxpaying electors of any city, having a 11 population of not less than 5,000, shall file a petition with the Mayor 12 asking that an annual tax on real and personal property real property, 13 personal property, or both real property and personal property be levied for 14 capital improvements to or construction of a public city library and shall 15 specify a rate of taxation not to exceed three mills on the dollar on real 16 property, or not to exceed three mills on the dollar on personal property, or 17 not to exceed three mills on the dollar on each type of property, real 18 property and personal property , the question as to whether such tax shall be 19 levied shall be submitted to the qualified electors of such city at a general 20 or special election. Such petition must be filed at least thirty days prior 21 to the election at which it will be submitted to the voters. The ballot 22 shall be in substantially the following form and may be adjusted to reflect 23 whether the proposed annual tax would be upon real property, personal 24 property, or both real property and personal property : 25 For a ___ mill tax on real property and a ___ mill tax on personal property 26 to be used for capital improvements to or construction of a public city 27 library. 28 Against a ___ mill tax on real property and a ___ mill tax on personal 29 property to be used for capital improvements to or construction of a public 30 city library. 31 (b) The electors may authorize the governing body of the city to issue 32 bonds as prescribed by law for capital improvements to or construction of the 33 library and to authorize the pledge of all, or any part of, the tax 34 authorized by this section for the purpose of retiring the bonds. The ballot 35 submitting the question to the voters shall be in substantially the following 36 HJR1008 4 01/27/2025 11:08:47 AM MBM049 form and may be adjusted to reflect whether the proposed annual tax would be 1 upon real property, personal property, or both real property and personal 2 property: 3 For a ___ mill tax on real property and a ___ mill tax on personal property 4 within the city, to be pledged to an issue or issues of bonds not to exceed 5 $ ___ , in aggregate principal amount, to finance capital improvements to or 6 construction of the city library and to authorize the issuance of the bonds 7 on such terms and conditions as shall be approved by the city. 8 Against a ___ mill tax on real property and a ___ mill tax on personal 9 property within the city, to be pledged to an issue or issues of bonds not to 10 exceed $ ___ , in aggregate principal amount, to finance capital improvements 11 to or construction of the city library and to authorize the issuance of the 12 bonds on such terms and conditions as they shall be approved by the city. 13 14 SECTION 4. Arkansas Constitution, Amendment 38, § 1, is amended to 15 read as follows: 16 § 1. Petition for tax levy — Election. 17 Whenever 100 or more taxpaying electors of any county shall file a 18 petition in the County Court asking that an annual tax on real and personal 19 property real property, personal property, or both real property and personal 20 property be levied for the purpose of maintaining and operating a public 21 county library or a county library service or system and shall specify a rate 22 of taxation not to exceed five mills (5) mills on the dollar on real 23 property, or not to exceed five (5) mills on the dollar on personal property, 24 or not to exceed five (5) mills on the dollar on each type of property, real 25 property and personal property , the question as to whether said tax shall be 26 levied shall be submitted to the qualified electors of such county at a 27 general or special election. Such petition must be filed at least thirty 28 days prior to the election at which it will be submitted to the voters. The 29 ballot shall be in substantially the following form and may be adjusted to 30 reflect whether the proposed annual tax would be upon real property, personal 31 property, or both real property and personal property : 32 FOR a ___ mill tax on real property and a ___ mill tax on personal property 33 to be used for maintenance and operation of a public county library or county 34 library service or system. 35 AGAINST a ___ mill tax on real property and a ___ mill tax on personal 36 HJR1008 5 01/27/2025 11:08:47 AM MBM049 property to be used for maintenance and operation of a public county library 1 or county library service or system. 2 3 SECTION 5. Arkansas Constitution, Amendment 38, § 5(a) and (b), 4 concerning tax levies for capital improvements to or construction of a public 5 county library or a county library service or system, are amended to read as 6 follows: 7 (a) Whenever 100 or more taxpaying electors of any county shall file a 8 petition in the County Court asking that an annual tax on real and personal 9 property real property, personal property, or both real property and personal 10 property be levied for the purpose of capital improvements to or construction 11 of a public county library or a county library service or system and shall 12 specify a rate of taxation not to exceed three mills on the dollar on real 13 property, or not to exceed three mills on the dollar on personal property, or 14 not to exceed three mills on the dollar on each type of property, real 15 property and personal property , the question as to whether said tax shall be 16 levied shall be submitted to the qualified electors of such county at a 17 general or special election. Such petition must be filed at least thirty 18 days prior to the election at which it will be submitted to the voters. The 19 ballot shall be in substantially the following form and may be adjusted to 20 reflect whether the proposed annual tax would be upon real property, personal 21 property, or both real property and personal property : 22 FOR a ___ mill tax on real property and a ___ mill tax on personal property 23 to be used for capital improvements to or construction of a public county 24 library or county library service or system. 25 AGAINST a ___ mill tax on real property and a ___ mill tax on personal 26 property to be used for capital improvements to or construction of a public 27 county library or county library service or system. 28 (b) The voters may authorize the County Court to issue bonds as 29 prescribed by law for capital improvements to or construction of the library 30 and to authorize the pledge of all, or any part of, the tax authorized in 31 Section 1 of this Amendment for the purpose of retiring the bonds. The ballot 32 submitting the question to the voters shall be in substantially the following 33 form and may be adjusted to reflect whether the proposed annual tax would be 34 upon real property, personal property, or both real property and personal 35 property: 36 HJR1008 6 01/27/2025 11:08:47 AM MBM049 For a ___ mill tax on real property and a ___ mill tax on personal property 1 within the county, to be pledged to an issue or issues of bonds not to exceed 2 $ ___ , in aggregate principal amount, to finance capital improvements to or 3 construction of the county library or county library service or system, and 4 to authorize the issuance of the bonds on such terms and conditions as shall 5 be approved by the County Court. 6 Against a ___ mill tax on real property and a ___ mill tax on personal 7 property within the county, to be pledged to an issue or issues of bonds not 8 to exceed $ ___, in aggregate principal amount, to finance capital 9 improvements to or construction of the county library or county library 10 service or system, and to authorize the issuance of the bonds on such terms 11 and conditions as shall be approved by the County Court. 12 13 SECTION 6. Arkansas Constitution, Amendment 79, § 4(b), concerning 14 millage rates levied against is amended to read as follows: 15 § 4. [Income adjustments — Personal property millage rate — Uniform 16 property tax rate requirement — Reassessment — Rollback adjustments]. 17 (a) The General Assembly shall, by law, provide for procedures to be 18 followed with respect to adjusting ad valorem taxes or millage pledged for 19 bonded indebtedness purposes, to assure that the tax or millage levied for 20 bonded indebtedness purposes will, at all times, provide a level of income 21 sufficient to meet the current requirements of all principal, interest, 22 paying agent fees, reserves, and other requirements of the bond indenture. 23 (b) The millage rate levied against taxable personal property and 24 utility and regulated carrier property in each taxing unit in the state shall 25 be equal to the millage rate levied against real property in each taxing unit 26 in the state. Personal property millage rates currently not equal to real 27 estate millage rates shall be reduced to the level of the real estate millage 28 rate; except to the extent necessary to provide a level of income sufficient 29 to meet the current requirements of all principal, interest, paying agent 30 fees, reserves, and other requirements of the bond indenture The millage rate 31 levied against taxable personal property and utility and regulated carrier 32 property in each taxing unit in the state and the millage rate levied against 33 real property in each taxing unit in the state may be differing rates and are 34 not required to be equal . 35 (c)(b) The provisions of this section shall not affect or repeal the 36 HJR1008 7 01/27/2025 11:08:47 AM MBM049 required uniform rate of ad valorem property tax set forth in Amendment 74. 1 (d)(c) The General Assembly may, by law, prescribe the method and 2 means for reassessing real property and establish the frequency of 3 reassessment. However, reassessment shall occur at least once every five (5) 4 years. 5 (e)(d) Rollback adjustments under Article 16, Section 14 shall be 6 determined after the adjustments are made to assessed value under this 7 Amendment. 8 9 SECTION 7. EFFECTIVE DATE. This amendment is effective on and after 10 January 1, 2027. 11 12 SECTION 8. BALLOT TITLE AND POPULAR NAME. When this proposed 13 amendment is submitted to the electors of this state on the general election 14 ballot: 15 (1) The title of this Joint Resolution shall be the ballot 16 title; and 17 (2) The popular name shall be "A Constitutional Amendment 18 Concerning the Taxation of Personal Property and Real Property in the State 19 of Arkansas; Authorizing the General Assembly to Reduce or Eliminate the 20 Taxation of Personal Property by Law and to Create Exemptions by Law for the 21 Taxation of Personal Property; and Repealing the Requirement that Personal 22 Property and Real Property Be Taxed at an Equal Rate.". 23 24 25 26 27 28 29 30 31 32 33 34 35 36