Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to the Arkansas
                                                  Constitution.
 State of Arkansas
 93rd General Assembly
 Regular Session, 2021                                                                       HJR 1025
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 By: Representative Gazaway
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                              HOUSE JOINT RESOLUTION
                AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO PROVIDE
                THAT THE SANCTITY OF LIFE IS PARAMOUNT TO ALL OTHER
                RIGHTS RECOGNIZED BY LAW; TO PROVIDE THAT CITIZENS OF
                THE STATE OF ARKANSAS, ACTING AS JURORS, HAVE THE
                SOLE AUTHORITY TO DETERMINE THE AMOUNT OF
                COMPENSATION OWED FOR, OR CIVIL PENALTY IMPOSED
                BECAUSE OF, INJURIES RESULTING IN DEATH, INJURIES
                RESULTING FROM ACTS OR OMISSIONS CREATING A
                SIGNIFICANT RISK TO LIFE, AND INJURIES TO OR
                DEPRIVATION OF PRIVATE PROPERTY; PROVIDING THAT WITH
                THE EXCEPTION OF LAWS CONCERNING PAYMENT OF
                COMPENSATION BY EMPLOYERS FOR INJURIES TO OR DEATH OF
                EMPLOYEES, NO LAW SHALL BE ENACTED LIMITING THE
                AMOUNT TO BE RECOVERED FOR INJURIES TO PERSONS OR
                PROPERTY; AND PROVIDING THAT PROPOSALS TO AMEND,
                REPEAL, OR SUPERSEDE ARKANSAS CONSTITUTION, ARTICLE
                5, SECTION 32, SHALL REQUIRE A THREE-FOURTHS VOTE OF
                THE ELECTORS OF THE STATE VOTING UPON THE ISSUE AT A
                GENERAL ELECTION.
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                                              Subtitle
                         A CONSTITUTIONAL AMENDMENT CONCERNING THE
                         AUTHORITY TO DETERMINE THE AMOUNT OF
                         COMPENSATION OWED FOR, OR CIVIL PENALTY
                         IMPOSED BECAUSE OF, INJURIES TO PERSONS
                         OR PROPERTY.
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                                                                                HJR1025
 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-THIRD GENERAL
 ASSEMBLY OF THE STATE OF ARKANSAS, AND BY THE SENATE, A MAJORITY OF ALL
 MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO:
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      That the following is proposed as an amendment to the Constitution of
 the State of Arkansas, and upon being submitted to the electors of the state
 for approval or rejection at the next general election for Representatives
 and Senators, if a majority of the electors voting thereon at the election
 adopt the amendment, the amendment shall become a part of the Constitution of
 the State of Arkansas, to wit:
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      SECTION 1.      Arkansas Constitution, Article 5,  32, is amended to read
 as follows:
       32. Compensation for injuries to persons and property  Workmen's
 Worker's Compensation Laws  Actions for personal injuries.
      (a)   The sanctity of life being paramount to all other rights
 recognized by this Constitution and the laws of the State of Arkansas, it is
 declared and established that the citizens of this state, acting as jurors,
 have the sole authority to determine the amount of compensation owed for, or
 civil penalty imposed because of:
               (1)   Injuries resulting in death; or
               (2)   Injuries resulting from acts or omissions creating a
 significant risk to life.
      (b)   The right to hold and possess private property being essential to
 freedom and a guard against oppression, it is declared and established that
 the citizens of this state, acting as jurors, have the sole authority to
 determine the amount of compensation owed for, or civil penalty imposed
 because of, injuries to or deprivation of private property.
      (c)(1)     The Notwithstanding subsections (a) and (b) of this section,
 the General Assembly shall have power to may enact laws prescribing the
 amount of compensation to be paid by employers for injuries to or death of
 employees, and to whom said payment shall be made. It shall have power to The
 General Assembly may provide the means, methods, and forum for adjudicating
 claims arising under said laws, and for securing payment of same.
               (2)   Provided, that otherwise Except as provided in subdivision
 (c)(1) of this section, no law shall be enacted limiting the amount to be
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                                                                                HJR1025
 recovered for injuries resulting in death or for injuries to persons or
 property; and in case of death from such injuries the right of action shall
 survive, and the General Assembly shall prescribe for whose benefit such
 action shall be prosecuted.
      (d)     This section shall not be amended, repealed, or superseded except
 upon a three-fourths vote of the electors of the state voting upon the issue
 at a general election.
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      SECTION 2.     EFFECTIVE DATE.   This amendment shall be effective on and
 after January 1, 2023.
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      SECTION 3.     BALLOT TITLE AND POPULAR NAME.   When this proposed
 amendment is submitted to the electors of this state on the general election
 ballot:
              (1)   The title of this Joint Resolution shall be the ballot
 title; and
              (2)   The popular name shall be "A Constitutional Amendment
 Concerning the Authority to Determine the Amount of Compensation Owed For, or
 Civil Penalty Imposed Because of, Injuries Resulting in Death, Injuries
 Resulting from Acts or Omissions Creating a Significant Risk to Life, and
 Injuries to or Deprivation of Private Property".
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