Attorney general: Past service counts under new term limits amendment | Arkansas Blog

Tuesday, January 6, 2015

Attorney general: Past service counts under new term limits amendment

Posted By on Tue, Jan 6, 2015 at 11:55 AM

Attorney General Dustin McDaniel has delivered an opinion on whether counting begins anew on legislative service under term limits with passage in 2014 of Issue 3, now Amendment 94.

He says no.

All years served after passage of Amendment 73, the term limits amendment of 1993, count toward the limit on legislative service.

Thus, legislators who already have served 16 years in the legislature can't come back and start a new clock ticking under Amendment 94, which modified term limits to allow 16 years of consecutive service in either the House or Senate. Before, legislators were limited to six years in the House and eight in the Senate, though the quirk of adjusting Senate terms every 10 years after reapportionment gave some additional years. The new 16-year limit also can be grown in that manner depending on the draw of Senate terms.

McDaniel's opinion said the two-year Senate terms drawn by some after apportionment don't count toward limits, nor do partial terms.

McDaniel's opinion comports with the understanding the drafters of the amendment had. The issue was stirred up when Randy Zook, head of the Arkansas State Chamber of Commerce, said unnamed lawyers had told him they believed counting would begin anew under the new amendment.

An attorney general's opinion isn't binding. It would take a lawsuit and Supreme Court ruling to finally settle the question.

Tags: , , ,

From the ArkTimes store


Comments (3)

Showing 1-3 of 3

Add a comment

Subscribe to this thread:
Showing 1-3 of 3

Add a comment

More by Max Brantley

  • Turkeys rescued in Yellville enjoy their Thanksgiving

    Farm Sanctuary, an animal protection organization, sends word that four turkeys rescued from the Yellville Turkey Trot after the annual drops from buildings and an airplane will enjoy Thanksgiving in friendlier places
    • Nov 23, 2017
  • More criticism of UA proposal to change tenure policy

    Reason is among the latest to offer critical commentary of a proposal from University of Arkansas System lawyers to change the tenure policy so that a lack of collegiality could be used as a justification for firing a tenured professor.
    • Nov 23, 2017
  • The Clintons

    I wasn't particularly excited about the 25th anniversary celebration of Bill Clinton's election. Life goes on.
    • Nov 23, 2017
  • More »

Readers also liked…

  • Saturday's open line

    Got any thoughts? Put them here.
    • May 21, 2016
  • City Board votes to table homeless feeding ordinance for 8 weeks, study with commission

    The Little Rock Board of Directors voted tonight to table for eight weeks an ordinance that homeless advocates say would severely limit the ability of charities to feed homeless people in city parks. Before the ordinance was punted, Vice Mayor Kathy Webb proposed a nine-member commission to study the issue and make recommendations to the board.
    • May 16, 2017
  • Civil War over in Fort Smith; lawyer strikes his Rebel mascot battle tent

    KSFM reports that Joey McCutchen, the lawyer who's been trying to restart the Civil War in Fort Smith over the School Board's decision to drop the Rebel mascot and related trappingsfor Southside High School, is dropping his School Board takeover campaign.
    • May 27, 2016

Most Recent Comments



© 2017 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation