AAC
SEEMS TO ME ... STORY
make it palatable to various interest groups and voters of Ar- kansas. Te committee submitted its proposal to the General Assembly in 1973. Te General Assembly voted to propose the amendment to the Constitution and place it before the people of Arkansas on the November 1974 general election ballot. It passed narrowly with 51.5 percent of the vote and became Amendment 55 to the Arkansas Constitution. Most of this amendment became effective Jan. 1, 1977. Amendment 55 radically reformed county government in
Arkansas, though the county executive’s titles are relics from the 1874 state constitution. County judges were transformed into county executives in many ways to conduct county busi- ness and to carry out and enforce the ordinances enacted by the quorum court. However, the county judge retains some judicial authority under Article 7 of the state constitution as judge of the county court. One great impact of this reform was reducing the number of JP positions on quorum courts so they could serve as le- gitimate legislative bodies, thereby increasing legislative effi- ciency. Justice of the Peace positions were reduced from 2,800 in 1974 to 751 in 1977. Te number of Justices of the Peace is currently 783 because of the change in population of counties since the inception of Amendment 55. Te county election committee redraws JP districts after each decennial census. As the legislative body of county government, the quorum
courts have the duty to levy taxes and appropriate funds for the county budget. Tey also fix the number and compensa- tion of deputies and county employees; set the compensation of county elected officials within a minimum and maximum established by law [the fee system of compensation yielded to a salary system under charges that fee-based compensation led to rampant corruption]; and fill vacancies in elective constitu- tional county offices. Tey provide for any service or perfor- mance of any function relating to county affairs and exercise other powers not inconsistent with law necessary for effective administration of authorized services and functions of county government. [§ 14-14-801(b)] Each quorum court is now required by state law to meet monthly. Te county judge chairs the meeting. Te judge has no vote on decisions made by the quorum court but can veto its decisions. Te quorum court can overturn the judge’s veto with a three-fifths (60 percent) vote of the entire membership of the court. Te size of the quorum court varies by county: the smallest counties have nine justices of the peace, while oth- ers have 11 or 13, and the three largest counties — Pulaski, Washington and Benton — have 15. Justices of the Peace on a quorum court are paid per diem [per meeting] rather than
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receiving a salary. Teir pay scale is set by the Arkansas Gen- eral Assembly, which establishes minimum and maximum per diems depending upon the size of the county. Amendment 55 also gave counties “home rule” so they could enact regulations and create new programs as long as they were not specifically prohibited by the constitution or state statutes. Te first provision of Amendment 55 says, “A county, acting through its Quorum Court may exercise local legislative authority not denied it by the Constitution or by law.” While couched as a general grant of local autonomy, this provision grants significant alterations in the governmental authority and structure of county government. It was a grant of extensive legislative powers over local affairs, contrasting the very limited legislative power the quorum courts had under Article 7, § 30 of the 1874 Constitution. Te second significant change was the reversal of the concept
known to students of government and the law as the “Dillon Rule” of municipal corporations. As early as four years after the adoption of the 1874 Constitution, the Arkansas Supreme Court said counties, like cities and towns, were municipal cor- porations created by the legislature and derive all their powers from it, unless otherwise provided by the State Constitution. Te court rearticulated that position on several occasions, re- affirming it again as late as 1967. Te practical effect of this general grant of authority in Amendment 55 — home rule — to county government gives the legislative body sufficient flexibility to handle local matters and obviate any inclination it might have to run to the General Assembly for special local authority over specific subject matter. Of course, the General Assembly and the State Constitution can deny or limit the exercise of local authority.
Amendment 55, a concise six-section amendment that can be printed easily on one sheet of paper, was implemented by the General Assembly through Act 742 of 1977 containing hundreds of sections. Tose of us who have been around since the early days of Amendment 55 call Act 742 of 1977 the County Government Bible. Amendment 55, Act 742 of 1977 as Amended is a publication available on the AAC website un- der publications. Arkansas law does prioritize county budgeting practices by telling counties what they must fund and what they may fund [§ 14-14-802]. Arkansas counties must fund: (1) Te administration of jus- tice through the several courts of record; (2) Law enforcement for protection services and the custody of persons accused or convicted of crimes; (3) Real and personal property tax ad- ministration, including assessments, collection, and custody
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