Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1643
4
5 By: Representative Eubanks
6 By: Senator Rapert
7
8 For An Act To Be Entitled
9 AN ACT ALLOWING AN ELECTED STATE OFFICIAL TO OBTAIN
10 REIMBURSEMENT FOR LEGAL FEES AND COSTS INCURRED IN
11 DEFENSE OF ACTIONS UNDERTAKEN IN HIS OR HER OFFICIAL
12 CAPACITY; AMENDING ARKANSAS CONSTITUTION, ARTICLE 19,
13 30(B)(2)(B), AS AUTHORIZED BY ARKANSAS
14 CONSTITUTION, ARTICLE 19, 30(D)(1)(A); AMENDING
15 PORTIONS OF ARKANSAS LAW RESULTING FROM INITIATED ACT
16 1 OF 1988, INITIATED ACT 1 OF 1990, AND INITIATED ACT
17 1 OF 1996; TO DECLARE AN EMERGENCY; AND FOR OTHER
18 PURPOSES.
19
20
21 Subtitle
22 TO ALLOW AN ELECTED STATE OFFICIAL TO
23 OBTAIN REIMBURSEMENT FOR LEGAL FEES AND
24 COSTS; TO AMEND A PROVISION OF THE
25 ARKANSAS CONSTITUTION AND PORTIONS OF LAW
26 RESULTING FROM INITIATED ACTS; AND TO
27 DECLARE AN EMERGENCY.
28
29
30 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
31
32 SECTION 1. Pursuant to the authority granted by Arkansas Constitution,
33 Article 19, 30(d)(1)(A), Arkansas Constitution, Article 19, 30(b)(2)(B),
34 concerning gifts from lobbyists, is amended to add an additional subdivision
35 to read as follows:
36 (xv) Reimbursement for the legal fees and costs
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1 incurred by a person elected or appointed to an office under subdivisions
2 (a)(1)-(8) of this section when:
3 (a) The person elected or appointed to an
4 office under subdivisions (a)(1)-(8) of this section:
5 (1) Is sued in his or her personal
6 capacity in a claim filed in:
7 (A) The Arkansas State Claims
8 Commission;
9 (B) A state court; or
10 (C) A federal court;
11 (2) Has been sued for actions undertaken
12 in his or her official capacity as a person elected or appointed to an office
13 under subdivisions (a)(1)-(8) of this section;
14 (3) Requests in writing representation
15 by the Attorney General under 25-16-702 and the representation is denied by
16 the Attorney General in writing; and
17 (4) Retains legal counsel at his or her
18 own expense or counsel is appointed or hired by the Governor to represent the
19 person elected or appointed to an office under subdivisions (a)(1)-(8) of
20 this section and the person elected or appointed to an office under
21 subdivisions (a)(1)-(8) of this section pays for the services at his or her
22 own expense; and
23 (b) Either:
24 (1) The person elected or appointed to
25 an office under subdivisions (a)(1)-(8) of this section substantially
26 prevails on the merits of the action before the court or the Arkansas State
27 Claims Commission; or
28 (2) The suit against the person elected
29 or appointed to an office under subdivisions (a)(1)-(8) of this section is
30 dismissed:
31 (A) By the court or the Arkansas
32 State Claims Commission with or without prejudice; or
33 (B) Upon motion by the plaintiff;
34
35 SECTION 2. Arkansas Code 7-6-201, concerning definitions applicable
36 to campaign financing and resulting from Initiated Act 1 of 1990 and
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1 Initiated Act 1 of 1996, is amended to add an additional subdivision to read
2 as follows:
3 (19) "Elected state official" means a person holding an elective
4 office of state government as:
5 (A) Governor;
6 (B) Lieutenant Governor;
7 (C) Secretary of State;
8 (D) Treasurer of State;
9 (E) Auditor of State;
10 (F) Attorney General;
11 (G) Commissioner of State Lands; or
12 (H) A member of the General Assembly.
13
14 SECTION 3. Arkansas Code 7-6-203, concerning the use of campaign
15 funds as personal income and resulting from Initiated Act 1 of 1990 and
16 Initiated Act 1 of 1996, is amended to add an additional subsection to read
17 as follows:
18 (j) It shall not be considered a taking of campaign funds as personal
19 income if an elected state official uses campaign funds or carryover funds to
20 reimburse himself or herself for legal fees and costs incurred when:
21 (1) The elected state official:
22 (A) Is sued in his or her personal capacity in a claim
23 filed in:
24 (i) The Arkansas State Claims Commission;
25 (ii) A state court; or
26 (iii) A federal court;
27 (B) Has been sued for actions undertaken in his or her
28 official capacity as an elected state official;
29 (C) Requests in writing representation by the Attorney
30 General under 25-16-702 and the representation is denied by the Attorney
31 General in writing; and
32 (D) Retains legal counsel at his or her own expense or
33 counsel is appointed or hired by the Governor to represent the elected state
34 official and the elected state official pays for the services at his or her
35 own expense; and
36 (2) Either:
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1 (A) The elected state official substantially prevails on
2 the merits of the action before the court or the Arkansas State Claims
3 Commission; or
4 (B) The suit against the elected state official is
5 dismissed:
6 (i) By the court or the Arkansas State Claims
7 Commission with or without prejudice; or
8 (ii) Upon motion by the plaintiff.
9
10 SECTION 4. Arkansas Code 21-8-402(5)(B), concerning the definition
11 of a gift and resulting from Initiated Act 1 of 1988, is amended to add an
12 additional subdivision to read as follows:
13 (xvii) Reimbursement for the legal fees and costs
14 incurred by an elected state official when:
15 (a) The elected state official:
16 (1) Is sued in his or her personal
17 capacity in a claim filed in:
18 (A) The Arkansas State Claims
19 Commission;
20 (B) A state court; or
21 (C) A federal court;
22 (2) Has been sued for actions undertaken
23 in his or her official capacity as an elected state official;
24 (3) Requests in writing representation
25 by the Attorney General under 25-16-702 and the representation is denied by
26 the Attorney General in writing; and
27 (4) Retains legal counsel at his or her
28 own expense or counsel is appointed or hired by the Governor to represent the
29 elected state official and the elected state official pays for the services
30 at his or her own expense; and
31 (b) Either:
32 (1) The elected state official
33 substantially prevails on the merits of the action before the court or the
34 Arkansas State Claims Commission; or
35 (2) The suit against the elected state
36 official is dismissed:
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1 (A) By the court or the Arkansas
2 State Claims Commission with or without prejudice; or
3 (B) Upon motion by the plaintiff;
4
5 SECTION 5. Arkansas Code 21-8-402, concerning definitions applicable
6 to certain laws regarding disclosure by lobbyists and state and local
7 officials and resulting from Initiated Act 1 of 1988, is amended to add an
8 additional subdivision to read as follows:
9 (22) "Elected state official" means a person holding an elective
10 office of state government as:
11 (A) Governor;
12 (B) Lieutenant Governor;
13 (C) Secretary of State;
14 (D) Treasurer of State;
15 (E) Auditor of State;
16 (F) Attorney General;
17 (G) Commissioner of State Lands; or
18 (H) A member of the General Assembly.
19
20 SECTION 6. EMERGENCY CLAUSE. It is found and determined by the
21 General Assembly of the State of Arkansas that elected state officials are
22 threatened by lawsuits for the performance of their elected duties; that
23 legal representation by the Attorney General is not always available for
24 elected state officials; that the legal fees incurred by elected state
25 officials who have to provide his or her own legal representation place a
26 burden on those elected state officials; that it is in the interest of the
27 public peace, health, and safety of the State of Arkansas for elected state
28 officials to be able to defend their actions undertaken on behalf of the
29 state; and that this act is immediately necessary because requiring an
30 elected state official to provide their own legal representation with no
31 option for reimbursement threatens the public peace, health, and safety of
32 the citizens of Arkansas by limiting the ability of an elected state official
33 to defend actions undertaken in his or her official capacity for the benefit
34 of the State of Arkansas. Therefore, an emergency is declared to exist, and
35 this act being immediately necessary for the preservation of the public
36 peace, health, and safety shall become effective on:
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1 (1) The date of its approval by the Governor;
2 (2) If the bill is neither approved nor vetoed by the Governor,
3 the expiration of the period of time during which the Governor may veto the
4 bill; or
5 (3) If the bill is vetoed by the Governor and the veto is
6 overridden, the date the last house overrides the veto.
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Statutes affected:
HB 1643: 7-6-201, 7-6-203, 21-8-402(5), 21-8-402