Stricken language would be deleted from and underlined language would be added to the Arkansas
Constitution.
1 State of Arkansas
2 94th General Assembly
3 Regular Session, 2023 SJR 5
4
5 By: Senator C. Tucker
6
7 SENATE JOINT RESOLUTION
8 AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO
9 AUTHORIZE A COUNTY, CITY, TOWN, OR OTHER MUNICIPAL
10 CORPORATION TO FUND AND ADMINISTER A WATER SYSTEM
11 CUSTOMER ASSISTANCE PROGRAM.
12
13
14 Subtitle
15 AN AMENDMENT TO THE ARKANSAS CONSTITUTION
16 TO AUTHORIZE A COUNTY, CITY, TOWN, OR
17 OTHER MUNICIPAL CORPORATION TO FUND AND
18 ADMINISTER A WATER SYSTEM CUSTOMER
19 ASSISTANCE PROGRAM.
20
21
22 BE IT RESOLVED BY THE SENATE OF THE NINETY-FOURTH GENERAL ASSEMBLY OF THE
23 STATE OF ARKANSAS, AND BY THE HOUSE OF REPRESENTATIVES, A MAJORITY OF ALL
24 MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO:
25
26 THAT the following is proposed as an amendment to the Constitution of
27 the State of Arkansas, and upon being submitted to the electors of the state
28 for approval or rejection at the next general election for Representatives
29 and Senators, if a majority of the electors voting thereon at the election
30 adopt the amendment, the amendment shall become a part of the Constitution of
31 the State of Arkansas, to wit:
32
33 SECTION 1. Arkansas Constitution, Article 12, § 5, is amended to read
34 as follows:
35 § 5. Political subdivisions not to become stockholders in or lend
36 credit to private corporations — Exceptions.
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 SJR5
1 (a) No Except as otherwise provided in this Constitution, no county,
2 city, town, or other municipal corporation, shall become a stockholder in any
3 company, association, or corporation; or obtain or appropriate money for, or
4 loan its credit to, any corporation, association, institution or individual.
5 (b) However, a A county, city, town, or other municipal corporation
6 may obtain or appropriate money for a corporation, association, institution,
7 or individual to:
8 (1) Finance economic development projects; or
9 (2) Provide economic development services.
10 (c) A county, city, town, or other municipal corporation may fund and
11 administer a water system customer assistance program.
12 (c)(d) As used in this section:
13 (1) “Economic development projects” means the land, buildings,
14 furnishings, equipment, facilities, infrastructure, and improvements that are
15 required or suitable for the development, retention, or expansion of:
16 (A) Manufacturing, production, and industrial facilities;
17 (B) Research, technology, and development facilities;
18 (C) Recycling facilities;
19 (D) Distribution centers;
20 (E) Call centers;
21 (F) Warehouse facilities;
22 (G) Job training facilities;
23 (H) Regional or national corporate headquarters
24 facilities; and
25 (I) Sports complexes designed to host local, state,
26 regional, and national competitions, including without limitation baseball,
27 softball, and other sports tournaments;
28 (2) “Economic development services” means:
29 (A) Planning, marketing, and strategic advice and counsel
30 regarding job recruitment, job development, job retention, and job expansion;
31 (B) Supervision and operation of industrial parks or other
32 such properties; and
33 (C) Negotiation of contracts for the sale or lease of
34 industrial parks or other such properties; and
35 (3) “Infrastructure” means:
36 (A) Land acquisition;
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 SJR5
1 (B) Site preparation;
2 (C) Road and highway improvements;
3 (D) Rail spur, railroad, and railport construction;
4 (E) Water service;
5 (F) Wastewater treatment;
6 (G) Employee training which may include equipment for such
7 purpose; and
8 (H) Environmental mitigation or reclamation; and
9 (4) "Water system customer assistance program" means the program
10 of a water utility that provides financial assistance to a customer of the
11 water utility for payment of charges and fees of:
12 (A) The water utility related to the water utility's
13 provision of water to the customer; and
14 (B) Other utilities collected by the water utility from
15 the customer under criteria approved by the governing body of the water
16 utility.
17 (d)(e) The General Assembly, by a three-fourths vote of each house,
18 may amend the following provisions of subsections (b) and (c) of this section
19 so long as the amendments are germane to this section and consistent with its
20 policy and purposes:
21 (1) Subsection (b); and
22 (2) Subdivisions (d)(1)-(3).
23
24 SECTION 2. EFFECTIVE DATE. This amendment is effective on and after
25 January 1, 2025.
26
27 SECTION 3. BALLOT TITLE AND POPULAR NAME. When this proposed
28 amendment is submitted to the electors of this state on the general election
29 ballot:
30 (1) The title of this Joint Resolution shall be the ballot
31 title; and
32 (2) The popular name shall be "A Constitutional Amendment to
33 Authorize a County, City, Town, or Other Municipal Corporation to Fund and
34 Administer a Water System Customer Assistance Program."
35
36
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