Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 255 of the Regular Session
 State of Arkansas
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                               SENATE BILL 20
 4
 By: Senator D. Wallace
 By: Representative Tosh
 7
                                   For An Act To Be Entitled
                AN ACT TO AMEND THE LAW CONCERNING VACANCY,
                SUSPENSION, AND REMOVAL PROCEDURES FOR COUNTY
                ELECTIVE, COUNTY QUORUM COURT DISTRICT, AND TOWNSHIP
                OFFICERS; AND FOR OTHER PURPOSES.
13
14
                                               Subtitle
                         TO AMEND THE LAW CONCERNING
                         VACANCY, SUSPENSION, AND REMOVAL
                         PROCEDURES FOR COUNTY ELECTIVE, COUNTY
                         QUORUM COURT DISTRICT, AND TOWNSHIP
                         OFFICERS.
21
22
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
24
        SECTION 1.        Arkansas Code  14-14-1308 is amended to read as follows:
        14-14-1308. Vacancy in office.
        A county elective, county quorum court district, or township office
 shall be considered is vacant if any one (1) of the following conditions
 exists:
                (1)      The incumbent fails to meet the qualifications for office
 prescribed by law as evidenced by failure to be commissioned;
                (2)      The incumbent refuses or neglects to take and subscribe to
 the official oath required by law as evidenced by failure to be commissioned;
                (3)      The incumbent refuses, neglects, or for any other reason
 fails to secure an official bond required by law as evidenced by failure to
 be commissioned;
     *KLL042*                                                                 12/16/2020 3:37:37 PM KLL042
                                                                                      SB20
               (4)    The incumbent resigns;
               (5)    The incumbent ceases to meet any residence requirements for
 office;
               (6)    The incumbent is removed from office by a judicial
 proceedings proceeding;
               (7)    The election or appointment of the incumbent is declared
 void by a judicial proceeding;
               (8)    The incumbent is convicted of a felony, incompetency,
 corruption, gross immorality, criminal conduct, malfeasance, misfeasance, or
 nonfeasance in office by a judicial proceedings proceeding;
               (9)    The incumbent ceases to discharge the duties of his or her
 office for a period of three (3) months, except when prevented by sickness or
 excused by a quorum court through resolution if:
                      (A)   Prevented by sickness;
                      (B)   Excused by quorum court resolution; or
                      (C)   The incumbent is suspended from office by a judicial
 proceeding under  21-12-301;
               (10)   The incumbent is declared to be of unsound mind by a
 judicial proceedings proceeding;
               (11)   The quorum court determines that the incumbent has become
 disabled to the degree that he or she cannot perform the duties of his or her
 office;
               (12)   The incumbent holds more than one (1) office or position in
 conflict with the provisions of Arkansas Constitution, Article 4,  2, or
 Arkansas Constitution, Article 19,  6;
               (13)   The quorum court separates elective offices as provided by
 law; or
               (14)   The incumbent dies.
29
      SECTION 2.       Arkansas Code  14-14-1310(a), concerning the fulfillment
 of vacancies in county elective offices, is amended to read as follows:
      (a)(1)     County Elective Offices.      Vacancies in all county elective
 offices shall be filled by the county quorum court within thirty (30) days of
 the declaration of the vacancy through the process of resolution as
 prescribed by law.
               (2)    Eligibility Requirements and Term of Office.
                                            2               12/16/2020 3:37:37 PM KLL042
                                                                                      SB20
                   (A)   Qualifications.      All officers appointed to fill a
 vacant county elective office shall meet all of the requirements for election
 to that office.
                   (B)   Requirements.       All officers appointed by a quorum
 court shall subscribe to the oath of office, be commissioned, and be bonded
 as prescribed by law.
                   (C)(i)(a)       Persons Ineligible for Appointment.   Any member
 of the quorum court shall be ineligible for appointment to fill any vacancy
 occurring in any county office, and resignation shall not remove the
 ineligibility.
                                   (b)   Husbands and wives Spouses of justices of
 the peace and relatives of the justices or their husbands and wives spouses
 within the fourth degree of consanguinity or affinity shall likewise be
 ineligible.
                            (ii)   Any county elected officer who resigns during a
 term of office shall be ineligible for appointment to any county elective
 office during the term for which he or she resigned.
                   (D)(i)     Term of Office.    All officers so appointed shall
 serve for the entire unexpired term in the office in which the vacancy
 occurs, or until their a successor is elected and qualified.
                            (ii)   A county elective officer shall serve a term of
 four (4) years.
                   (E)   Successive Terms of Appointed Officer Prohibited.        A
 person appointed to fulfill a vacant or unexpired term of an elective county
 office shall not be eligible for appointment or election to succeed himself
 or herself.
27
      SECTION 3.   Arkansas Code  21-12-301 is amended to read as follows:
      21-12-301. Suspension upon charge of shortage of county funds.
      (a)(1)   Whenever any If an information, presentment, or indictment
 shall be is filed in any a circuit court of this state against any county a
 county elective, county quorum court district, or township officer on any a
 charge involving a shortage of county funds in his or her office when the
 shortage has been reported by Arkansas Legislative Audit, the circuit court
 shall immediately order that the officer be immediately suspended from his or
 her office until the information or indictment is tried during the pendency
                                             3              12/16/2020 3:37:37 PM KLL042
                                                                                      SB20
 of the judicial proceeding.
                 (2)   The suspension shall not extend beyond the next term after
 the information or indictment is filed in the circuit court, unless the cause
 is continued on the application of the defendant.
        (b)(1)     Whenever any such If a county elective, county quorum court
 district, or township officer is confined in a jail on a charge involving
 jailed in connection with a shortage of county funds in his or her office
 when the shortage has been reported by Arkansas Legislative Audit, he or she
 shall be suspended immediately from office during the pendency of the
 judicial proceeding by the circuit court upon the filing of information of
 the imprisonment.
                 (2)   The suspension shall last until the officer is discharged
 from prison by due process of law, on bail, or otherwise.
14
        SECTION 4.      Arkansas Code  21-12-302 is amended to read as follows:
        21-12-302. Removal for conviction of certain offenses.
        (a)   Upon conviction of any county a county elective, county quorum
 court district, or township officer for an offense involving incompetency,
 corruption, gross immorality, criminal conduct amounting to a felony,
 malfeasance, misfeasance, or nonfeasance in office, a part of the sentence of
 the:
                 (1)   The circuit court having jurisdiction shall be to remove
 such the officer from office.; and
        (b)   The clerk of the court at the close of the term (2)     The circuit
 clerk shall transmit to the Governor a certified transcript copy of the
 judgment of the circuit court and the information, presentment, or
 indictment, with the judgment of the court thereon to the Governor, county
 judge, and county clerk.
        (c)(b)     The vacancy shall be filled as may be prescribed by law at the
 time the vacancy occurs.
31
        SECTION 5.      Arkansas Code  21-12-303 is amended to read as follows:
        21-12-303. Appointment of temporary replacement.
        (a)   Whenever any county If a county quorum court district or township
 officer is suspended from office on account of any information or indictment
 pending against him or her under  21-12-301, the Governor may shall
                                             4             12/16/2020 3:37:37 PM KLL042
                                                                                  SB20
 temporarily appoint an officer in his or her place who shall hold the office
 until the disability of the officer so suspended is removed, or an election
 to fill the vacancy occurs, in case there is a judgment of removal:
            (1)   Until the suspension is lifted; or
            (2)   For the remainder of the term.
      (b)   Should a vacancy occur in the office of sheriff or clerk during
 the session of any court of record, the court may appoint some competent
 person to perform, temporarily, the duties of the office until the Governor
 makes an appointment as required by this section.     If a county elective
 officer is suspended from office under  21-12-301, within thirty (30) days
 of the order of suspension the county quorum court shall temporarily appoint
 an officer in his or her place who shall hold the office:
            (1)   Until the suspension is lifted; or
            (2)   For the remainder of the term.
15
16
                               APPROVED: 3/4/21
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
                                        5                12/16/2020 3:37:37 PM KLL042
Statutes affected: 
SB 20: 14-14-1308, 21-12-301, 14-14-1310(a)
Act 255: 14-14-1308, 21-12-301, 14-14-1310(a)