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HJR 1003

THE ARKANSAS GOVERNMENT DISCLOSURE AMENDMENT.

2025 Regular Session Introduced by Andrew Collins

HJR 1003 sought to make government transparency a constitutional right in Arkansas, allowing citizens to hold the state accountable and ensuring public involvement in transparency laws.

Died in House Committee at Sine Die adjournment.
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Bill Summary · HJR 1003

Summary of House Joint Resolution 1003: The Arkansas Government Disclosure Amendment

Bill Overview

  • Bill Number: HJR 1003
  • Title: The Arkansas Government Disclosure Amendment
  • Status: Died in House Committee at Sine Die adjournment
  • Introduced: November 20, 2024
  • Classification: Joint Resolution

Purpose and Intent

The primary aim of HJR 1003 is to enshrine government transparency as a constitutional right for the citizens of Arkansas. The resolution seeks to ensure that the government is obligated to share information with the public, thereby enhancing accountability and openness in governmental operations.

Key Provisions

HJR 1003 includes several significant provisions:

  1. Definition of Government Transparency:

    • Government transparency is defined as the obligation of the government to share or deliver information to citizens.
  2. Legislative Process for Transparency Laws:

    • The General Assembly is prohibited from enacting laws concerning government transparency without a public vote.
    • A law can only be proposed if it receives a two-thirds majority in both the House and Senate and is subsequently approved by voters in the next general election.
    • In emergencies, a law can take immediate effect if passed by a nine-tenths majority, but it must still be approved by voters at the next election.
  3. Sovereign Immunity and Legal Recourse:

    • The amendment abrogates the sovereign immunity of the state in lawsuits related to government transparency, allowing citizens to sue the state for non-compliance.
    • Prevailing plaintiffs in such lawsuits may recover attorney's fees.
  4. Inconsistency Clause:

    • Any existing provisions in the Arkansas Constitution, state law, or common law that conflict with this amendment would be declared null and void.
  5. Severability:

    • If any part of the amendment is found invalid, the remaining provisions will still be enforceable.
  6. Effective Date:

    • The amendment would take effect on November 4, 2026, if approved by voters.

Impact

If enacted, this amendment would significantly affect how Arkansas state government operates regarding transparency. It would empower citizens to hold the government accountable for its actions and decisions, potentially leading to increased public engagement and oversight.

Legislative Timeline

  • November 20, 2024: Bill filed.
  • January 13, 2025: Read for the first time and referred to the Committee on State Agencies & Governmental Affairs.
  • January 16, 2025: Amendment No. 1 adopted; bill ordered engrossed.
  • May 5, 2025: Bill died in House Committee at Sine Die adjournment.

Conclusion

HJR 1003 aimed to enhance governmental transparency in Arkansas by establishing it as a constitutional right, requiring public involvement in the legislative process concerning transparency laws. Despite its potential significance, the bill did not progress past the committee stage.

Compiled from official sources — confirm details with the bill’s official record.

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