reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 8 - LEGISLATIVE POWERS (§§ 14-14-801 — 14-14-814) › Section 14-14-810 - Improvements to roadways serving private property

(a)
(1)
In the passage of this section, the General Assembly is cognizant of the responsibilities of the county judge and of the county quorum court with respect to the establishment and operation of public roads and for the construction, maintenance, repair, and upkeep of county roads. The General Assembly is also mindful of the importance of providing reasonable access to the public roads system for the procurement of emergency medical services; the education of school-age children transported by school buses; the obtaining of mail and the goods of commerce; the marketing of the agricultural, livestock, and poultry products produced on Arkansas farms; and access to numerous other services essential to the health, safety, and welfare of thousands of rural families in this state.
(2)
(A)
It is, therefore, the purpose and intent of this section to authorize the quorum courts of counties having a population of no less than seven thousand (7,000) nor more than seven thousand five hundred (7,500), according to the 1980 Federal Decennial Census, to enact ordinances authorizing the county judge to provide for the use of county road machinery and equipment, materials, supplies, and labor to make improvements to the roadways serving private property that are deemed essential, under standards and procedures established by the court, to provide access to the public roads of the county in cases of bad weather or the occurrence of other events which may impair citizens of this state from obtaining reasonable and necessary access to the public roads of this state.
(B)
(i)
The ordinance enacted by the quorum court shall prescribe the conditions, circumstances, and limitations under which the county judge is authorized to make improvements or to perform work upon roads used for access from private property to the public roads.
(ii)
In addition, the court may request the county judge to file reports from time to time, outlining the work performed in providing access of private property to the public roads, in such detail and at such frequencies as may be requested by the court.
(b)
(1)
All work performed by the county judge on improvements necessary to make private property accessible to the public roads, as authorized in this section, and which is performed in compliance with the ordinance adopted by the county quorum court authorizing the work, shall be deemed to be public work for which public funds may be expended.
(2)
All expenditures of county funds made by the county judge in compliance with this section are determined to be for a public purpose, as defined in this section.
Acts 1981, No. 268, §§ 1, 2; A.S.A. 1947, §§ 17-3810, 17-3811.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 8 - LEGISLATIVE POWERS (§§ 14-14-801 — 14-14-814) › Section 14-14-811 - Salary of county judge and emergency management personnel

(a)
The quorum court of each county is authorized to pay a portion of the salary and related matching benefits of the county judge from the county road fund and the county solid waste fund.
(b)
(1)
The portion of the county judge's salary paid from the county road fund shall not exceed fifty percent (50%).
(2)
The portion paid from the county solid waste fund shall not exceed thirty-four percent (34%).
(c)
However, the portion to be paid from the county general fund shall be at least one-third (1/3) of the total salary and matching benefits.
(d)
(1)
At the discretion of the county judge, a county may pay a portion of the salary and related matching benefits of personnel of the local emergency management jurisdiction from the county road fund.
(2)
The portion paid from the county road fund shall not exceed fifty percent (50%).
Acts 1987, No. 675, § 2; 1999, No. 725, § 1; 2011, No. 345, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 8 - LEGISLATIVE POWERS (§§ 14-14-801 — 14-14-814) › Section 14-14-812 - Cemetery access roads

(a)
A "cemetery", as used in this section, means any burying place for the dead, a burial plot, a graveyard, or any land, public or private, dedicated and used for the interment of human remains which includes at least six (6) grave markers.
(b)
(1)
The county judges of the several county governments in Arkansas shall be authorized to improve and maintain any roads across public or private lands used or to be used for access to a cemetery.
(2)
The cemetery access roads shall be constructed to a standard and nature to permit their use by automobiles.
Acts 1995, No. 1317, § 2; 1997, No. 1286, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 8 - LEGISLATIVE POWERS (§§ 14-14-801 — 14-14-814) › Section 14-14-813 - Authority to regulate unsanitary conditions

(a)
To the extent that it is not inconsistent with the powers exercised by incorporated towns and cities of the first class and cities of the second class under §
14-54-901
et seq., counties are empowered to order the owner of real property within the county to:
(1)
Abate, remove, or eliminate garbage, rubbish, and junk as defined in §
27-74-402
, and other unsightly and unsanitary articles upon property situated in the county; and
(2)
Abate, eliminate, or remove stagnant pools of water or any other unsanitary thing, place, or condition that might become a breeding place for mosquitoes and germs harmful to the health of the community.
(b)
A copy of the order issued under subsection (a) of this section shall be posted upon the property and:
(1)
Mailed to the last known address of the property owner by the county clerk or other person designated by the quorum court; or
(2)
Published in accordance with §
14-14-104
if there is no last known address for the property owner.
(c)
(1)
If the property owner has not complied with the order within thirty (30) days after notice is given in accordance with subsection (b) of this section, the county may:
(A)
Do either of the following:
(i)
Take any necessary corrective actions, including repairs, to bring the property into compliance with the order; or
(ii)
Remove or raze any structure ordered by the county to be removed or razed; and
(B)
Charge the cost of any actions under subdivision (c)(1)(A) of this section to the owner of the real property.
(2)
The county shall have a lien against the property for any unpaid cost incurred under subdivision (c)(1) of this section in addition to interest at the maximum legal rate.
(d)
In all successful suits brought to enforce liens granted under this section, the county shall be reimbursed its costs, including title search fees and a reasonable attorney's fee.
(e)
This section does not apply to:
(1)
Land valued as agricultural property that is being farmed or otherwise used for agricultural purposes; or
(2)
A parcel of land larger than ten (10) acres if the unsanitary condition on the parcel is not visible from a public road or highway.
Amended by Act 2019, No. 383,§ 2, eff. 7/24/2019.
Acts 2005, No. 1984, § 1; 2007, No. 126, § 1; 2007, No. 250, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 8 - LEGISLATIVE POWERS (§§ 14-14-801 — 14-14-814) › Section 14-14-814 - Authority to regulate private communities

(a)
Upon the written request of a property owners' association of a private community that is located outside the boundaries of a municipality, a county may by ordinance regulate the health, safety, and welfare of the citizens of the private community within all or any part of the area included in the private community.
(b)
The quorum court may by ordinance regulate animals upon petition by a majority of landowners or a property owners' association within the private community, including without limitation leash or harness requirements for domestic animals when the animals are outside the animal owner's property.
(c)
As used in this section, "private community" means a community outside the corporate limits of a municipality but within a platted subdivision or a condominium complex.
(d)
The quorum court may enforce this section under §
14-14-906
.
Amended by Act 2013, No. 567,§ 1, eff. 8/16/2013.
Acts 2007, No. 144, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 9 - LEGISLATIVE PROCEDURES (§§ 14-14-901 — 14-14-919) › Section 14-14-901 - Legislative authority

The legislative power of county government is vested in the quorum court of each county of the state, subject to the limitations imposed by the Arkansas Constitution and by state law.
Acts 1977, No. 742, § 84; A.S.A. 1947, § 17-4001.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 9 - LEGISLATIVE PROCEDURES (§§ 14-14-901 — 14-14-919) › Section 14-14-902 - Quorum court administration

(a)
Secretariat.
(1)
The secretariat of the county quorum court shall be the clerk of the county court of each county unless otherwise provided by county ordinance.
(2)
Alternative Designation.
A quorum court may provide by ordinance for the establishment of minimum qualifications and an appropriation for the employment of a secretariat of the court. The employee so designated shall be a staff member of the county clerk or the county judge as may be specified by the ordinance. Where the separate position of secretariat is created by ordinance, all legislative duties prescribed in this chapter for a county clerk shall thereafter become the duties of the secretariat.
(3)
Duties of the County Clerk.
Unless otherwise provided for by county ordinance, the clerk or the deputy clerk shall:
(A)
Attend all regular and special meetings of the court;
(B)
Perform all administrative and recordkeeping duties prescribed in this chapter; and
(C)
Perform all other duties as may be required by the quorum court through county ordinance.
(b)
Counsel.
(1)
Legal Counsel.
The prosecuting attorney or his or her deputy serving each county shall serve as legal counsel of the quorum court unless otherwise provided by county ordinance.
(2)
Alternative Designation of Legal Counsel.
A quorum court may provide by ordinance for the appropriation of county funds for the employment of legal counsel to serve the court.
(3)
Duties of Legal Counsel.
The legal counsel of a quorum court shall:
(A)
Attend all regular and special meetings of the court;
(B)
Perform all duties prescribed in this chapter; and
(C)
Perform all other duties as may be required by a quorum court.
(c)
Other Administrative Services.
A quorum court may authorize and provide through ordinance, for the employment of any additional staff or the purchase of technical services in support of legislative affairs.
Acts 1977, No. 742, § 97; 1979, No. 413, §§ 25-27; A.S.A. 1947, § 17-4014.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 9 - LEGISLATIVE PROCEDURES (§§ 14-14-901 — 14-14-919) › Section 14-14-906 - Penalties for violation of ordinances

(a)
Authority to Establish.
(1)
(A)
A county quorum court may fix penalties for the violation of any ordinance, and these penalties may be enforced by the imposition of fines, forfeitures, and penalties on any person offending against or violating the ordinance.
(B)
The fine, forfeiture, or penalty shall be prescribed in each particular ordinance or in an ordinance prescribing fines, forfeitures, and penalties in general.
(2)
(A)
A quorum court shall have power to provide, by ordinance, for the prosecution, recovery, and collection of the fines, forfeitures, and penalties.
(B)
(i)
A quorum court shall not have the power to define an offense as a felony or to impose any fine or penalty in excess of one thousand dollars ($1,000) for any one (1) specified offense or violation, or double that sum for each repetition of the offense or violation.
(ii)
If an act prohibited or rendered unlawful is, in its nature, continuous in respect to time, the fine or penalty for allowing the continuance thereof, in violation of the ordinance, shall not exceed five hundred dollars ($500) for each day that it may be unlawfully continued.
(b)
Disposition.
All fines and penalties imposed for violation of any county ordinance shall be paid into the county general fund.
Acts 1977, No. 742, § 95; A.S.A. 1947, § 17-4012; Acts 2009, No. 319, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 9 - LEGISLATIVE PROCEDURES (§§ 14-14-901 — 14-14-919) › Section 14-14-907 - Appropriation ordinances

(a)
(1)
Generally.
An appropriation ordinance or amendment to an appropriation ordinance is defined as a measure by which the county quorum court designates a particular fund, or sets apart a specific portion of county revenue in the treasury, to be applied to some general object of expenditure or to some individual purchase or expense of the county.
(2)
An appropriation ordinance or amendment to an existing appropriation ordinance may be introduced in the manner provided by law for the introduction of ordinances.
(3)
Appropriation measures enacted by a quorum court shall include the following categories of financial management:
(A)
The levy of taxes and special property tax assessments as provided by law; and
(B)
The enactment of specific appropriations by which a specified sum has been set apart in the treasury and devoted to the payment of a particular demand. Specific appropriations may be enacted through the adoption of an annual budget, a statement of estimated receipts and expenditures, in a manner prescribed by law.
(b)
Adoption and Amendment by Reference.
Any quorum court may adopt, amend, or repeal an appropriation ordinance which incorporates by reference the provisions of any county budget or portion of a county budget, or any amendment thereof, properly identified as to date and source, without setting forth the provisions of the adopted budget in full. At least one (1) copy of a budget, portion, or amendment which is incorporated or adopted by reference shall be filed in the office of the county clerk and there kept available for public use, inspection, and examination.
(c)
Designation.
All appropriation ordinances or an amendment to an appropriation ordinance shall be designated "appropriation ordinance".
(d)
Readings and Publication.
An appropriation ordinance may be enacted without separate readings or publication prior to passage. However, publication shall be initiated within two (2) calendar days, excepting holidays, after approval of the measure by the county judge.
(e)
Voting Requirements.
The passage of appropriation ordinances or amendments to existing appropriation ordinances enacted without separate readings shall require a two-thirds vote of the whole number of justices comprising a quorum court. On the passage of every appropriations measure, the yeas and nays shall be called and recorded in the minutes of the meeting.
(f)
Effective Date.
An appropriation measure is effective immediately upon passage by the quorum court and approval by the county judge.
Acts 1977, No. 742, § 87; A.S.A. 1947, § 17-4004.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 9 - LEGISLATIVE PROCEDURES (§§ 14-14-901 — 14-14-919) › Section 14-14-908 - Emergency ordinances or amendments

(a)
Generally.
An emergency ordinance or emergency amendments to existing ordinances may be introduced in the manner provided by law for the introduction of ordinances. An emergency ordinance may be enacted only to meet public emergencies affecting life, health, safety, or the property of people.
(b)
Limitations.
An emergency ordinance or amendment shall not levy taxes, impose special property tax assessments, impose or change a service rate, or be enacted on any franchise or special privilege creating any vested right or interest or alienating any property. Every extension, enlargement, grant, or conveyance of franchise or any rights, property, easements, lease, or occupation of, or in, any road, street, alley, or any part thereof in real property or interest in real property owned by a county government exceeding in value three hundred dollars ($300), whether it be by ordinance or otherwise, shall be subject to referendum and shall not be subject to emergency enactment.
(c)
Declaration of Emergency.
An emergency ordinance must contain a declaration that an emergency exists and define the emergency. All emergency ordinances shall be designated "emergency ordinance".
(d)
Readings and Publication.
An emergency measure does not require separate readings or publication prior to passage. However, publication shall be initiated within seven (7) calendar days, excepting holidays, after approval of the emergency measure by the county judge.
(e)
Voting Requirements.
The passage of emergency ordinances or emergency amendments to existing ordinances shall require a two-thirds vote of the whole number of justices comprising a quorum court. On the passage of every emergency measure, the yeas and nays shall be called and recorded in the minutes of the meeting.
(f)
Effective Date.
An emergency ordinance or emergency amendment to an existing ordinance is effective immediately upon passage by the quorum court and approval by the county judge.
Acts 1977, No. 742, § 88; 1979, No. 413, § 22; A.S.A. 1947, § 17-4005.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 9 - LEGISLATIVE PROCEDURES (§§ 14-14-901 — 14-14-919) › Section 14-14-909 - Incorporation by reference

(a)
For the purpose of this section, "code" means any published compilation of rules which has been prepared by various technical trade associations, model code organizations, federal agencies, or this state, or any agency thereof, and shall include specifically, but shall not be limited to, building codes, plumbing codes, electrical wiring codes, health or sanitation codes, together with any other code which embraces rules pertinent to a subject which is a proper local county affair.
(b)
Any county quorum court may adopt or repeal an ordinance that incorporates by reference the provisions of any code, or portions of any code, or any amendment thereof, properly identified as to date and source, without setting forth the provisions of the code in full. Notice of the intent to adopt a code by reference shall be published after the second reading and prior to final adoption of the code. At least one (1) copy of the code, portion, or amendment which is incorporated or adopted by reference shall be filed in the office of the county clerk and there kept available for public use, inspection, and examination. The filing requirements prescribed in this subsection shall not be considered to be complied with unless the required copies of the codes, portion, amendment, or public record are filed with the county clerk for a period of thirty (30) days prior to final adoption of the ordinance which incorporates the code, portion, or amendment by reference.
(c)
The quorum court may adopt or amend a code by reference by an emergency ordinance and without notice.
(d)
The process for repealing an ordinance which adopted or amended a code by reference shall be the same as for repealing any other ordinance.
(e)
Any ordinance adopting a code, portion, or amendment by reference shall state the penalty for violating the code, portion, or amendment, or any provision thereof, separately, and no part of any penalty shall be incorporated by reference.
Acts 1977, No. 742, § 89; 1979, No. 413, § 23; A.S.A. 1947, § 17-4006.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 9 - LEGISLATIVE PROCEDURES (§§ 14-14-901 — 14-14-919) › Section 14-14-911 - Veto of ordinances or amendments

(a)
Authority to Veto.
The county judge of each county shall preside over the county quorum court with the power of veto.
(b)
Limitations of Veto.
The power of veto shall be limited to the total text of an ordinance or amendment to an existing ordinance, and this veto power shall not be construed to permit the veto of any single part, section, or line item of any ordinance or amendment. The power of veto shall not apply to measures enacted through the provisions of initiative and referendum.
(c)
Time Limitations for Veto.
The veto of any ordinance of a general or permanent nature must be exercised within seven (7) calendar days after passage by a quorum court.
(d)
Procedure and Authentication of Veto.
The veto of any ordinance or amendment of a general or permanent nature shall be authenticated by the county judge and shall be demonstrated by the filing of a written statement of the reasons of veto with the county clerk.
(e)
Notification of Veto.
Upon filing of the written notification of veto by the county judge, the county clerk shall immediately provide written notification to each member of the quorum court and provide each member with a copy of the veto statement filed by the judge.
(f)
Suspension of Force.
No ordinance vetoed shall have any force or validity unless, at the next regular meeting after the filing of the veto statement, the quorum court shall exercise its power to override a veto pursuant to Arkansas Constitution, Amendment 55, § 4.
Acts 1977, No. 742, § 91; A.S.A. 1947, § 17-4008.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 9 - LEGISLATIVE PROCEDURES (§§ 14-14-901 — 14-14-919) › Section 14-14-912 - Veto override

(a)
Power of Veto Override.
The quorum court of each county shall have the power to override the veto of the county judge.
(b)
Vote Required.
An affirmative vote of three-fifths (3/5) of the total membership of a quorum court shall be required to override the veto of any ordinance or amendment to an existing ordinance. On the consideration of a veto override by a court, the yeas and nays shall be called and recorded in the minutes of the meeting.
(c)
Time of Veto Override.
A quorum court shall exercise the power of veto override over permanent and temporary ordinances at the next regular session of the court following the written notification of veto. Failure to override a veto in a single vote of the court shall constitute a confirmation of veto by a court, and no further consideration of veto override on the measure shall be introduced in subsequent sessions of the court. However, any ordinance or amendment so vetoed and confirmed by failure to override the veto may be reintroduced in the manner prescribed by law for the introduction of ordinances and amendments to ordinances.
Acts 1977, No. 742, § 92; A.S.A. 1947, § 17-4009.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 9 - LEGISLATIVE PROCEDURES (§§ 14-14-901 — 14-14-919) › Section 14-14-913 - Adoption and amendment of resolutions

(a)
A county resolution or amendment to a resolution may be introduced only by a justice of the peace of the county.
(b)
No resolution or amendment to a resolution passed by a county quorum court shall contain more than one (1) comprehensive topic and shall be styled "Be It Resolved by the Quorum Court of the County of ..............., State of Arkansas That:".
(c)
No county resolution shall be revised or amended, or the provisions thereof extended or conferred, by references to its title only, but so much thereof as is revised, amended, extended, or conferred shall be reenacted and published at length.
(d)
A proposed resolution must be read and adopted by a majority vote of the whole number of justices comprising a quorum court. On the passage of every resolution or amendment to an existing resolution, the yeas and nays shall be called and recorded in the minutes of the meeting.
(e)
Resolutions or an amendment to an existing resolution may be introduced and adopted in a single meeting of the quorum court.
(f)
Upon passage, all resolutions or amendments to existing resolutions shall be entered into the records of the quorum court. Publication of resolutions shall not be required except where publication is specified in the resolution adopted by a court.
(g)
All resolutions shall be immediately effective unless a delayed effective date is specified.
(h)
The power of veto shall not apply to the adoption of resolutions or amendments to resolutions.
Acts 1977, No. 742, § 93; A.S.A. 1947, § 17-4010.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 9 - LEGISLATIVE PROCEDURES (§§ 14-14-901 — 14-14-919) › Section 14-14-914 - Initiative and referendum generally

(a)
County Legislative Powers Reserved.
The powers of initiative and referendum are reserved to the electors of each county government pursuant to Arkansas Constitution, Amendment 7.
(b)
Restrictions.
No county legislative measure shall be enacted contrary to the Arkansas Constitution or any general state law which operates uniformly throughout the state, and any general law of the state shall have the effect of repealing any county ordinance which is in conflict therewith. All ordinances adopted by the county quorum court providing for alternative county organizations and all proposed reorganizations of county government that may be proposed by initiative petition of electors of the county under Arkansas Constitution, Amendment 7, shall be submitted to the electors of the county only at the next following general election. However, such referendum shall be subject to initiative petition.
(c)
Petition by Electors.
The qualified electors of each county may initiate and amend ordinances and require submission of existing ordinances to a vote of the people by petition if signed by not less than fifteen percent (15%) of the qualified electors voting in the last general election for the office of circuit clerk, or the office of Governor where the electors have abolished the office of circuit clerk.
(d)
Suspension of Force.
(1)
General Ordinance.
A referendum petition on a general ordinance, or any part thereof, shall delay the effective date on that part included in the petition until the ordinance is ratified by the electors. However, the filing of a referendum petition against one (1) or more items, sections, or parts of any ordinance shall not delay the remainder from becoming operative.
(2)
Emergency Ordinance.
A referendum petition on an emergency ordinance shall not suspend the force of the law, but the measure may be law until it is voted upon by the electors.
Acts 1977, No. 742, § 94; 1979, No. 413, § 24; A.S.A. 1947, § 17-4011.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 9 - LEGISLATIVE PROCEDURES (§§ 14-14-901 — 14-14-919) › Section 14-14-916 - Judicial jurisdiction over initiative and referendum

(a)
Jurisdiction of Circuit Court.
Jurisdiction is vested upon the circuit courts to hear and determine petitions for writs of mandamus, injunctions, and all other actions affecting the submission of any proposed county initiative or referendum petitions. All such proceedings and actions shall be heard summarily upon five (5) calendar days' notice in writing and shall have precedence over all other suits and matters before the court.
(b)
Limitation of Injunction or Stay of Proceedings.
No procedural steps in submitting an initiative or referendum measure shall be enjoined, stayed, or delayed by the order of any court or judge after the petition has been declared sufficient, except in circuit court on petition to review as provided in this section. During the pendency of any proceeding to review, the findings of the county clerk shall be conclusive and binding and shall not be changed or modified by any temporary order or ruling, and no court or judge shall entertain jurisdiction of any action or proceeding questioning the validity of any such ordinance or measure until after it shall have been adopted by the people.
Acts 1977, No. 742, § 94; A.S.A. 1947, § 17-4011; Acts 2003, No. 1185, § 21.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 9 - LEGISLATIVE PROCEDURES (§§ 14-14-901 — 14-14-919) › Section 14-14-918 - Passage of initiative and referendum measures

(a)
Recording of Enactment.
Upon passage of any initiative or referendum measure by the electors, the county clerk shall record the enactment in the county ordinance and resolution register in the manner provided by law for all county ordinances and resolutions. The register entry number designation shall thereby become the official reference number designating the enactment.
(b)
Quorum Court Authority.
No measure approved by a vote of the electors shall be amended or repealed by a quorum court except by affirmative vote of two-thirds (2/3) of the whole number of justices comprising a court. On the passage of an amendment or repealing measure, the yeas and nays shall be called and recorded in the minutes of the meeting.
(c)
Preservation of Records.
All petitions, certificates, notices, and other evidences of procedural steps taken in submitting any ordinance shall be filed and preserved for a period of three (3) years by the county clerk.
Acts 1977, No. 742, § 94; A.S.A. 1947, § 17-4011.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 9 - LEGISLATIVE PROCEDURES (§§ 14-14-901 — 14-14-919) › Section 14-14-919 - Referendum petitions on county bond issue

All referendum petitions under Arkansas Constitution, Amendment 7, against any measure, as the term is used and defined in Arkansas Constitution, Amendment 7, pertaining to a county bond issue or a short-term financing obligation of a county under Arkansas Constitution, Amendment 78, must be filed with the county clerk within thirty (30) days after the adoption of any such measure.
Acts 1979, No. 717, § 1; A.S.A. 1947, § 17-4011.1; Acts 2001, No. 981, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 10 - JUDICIAL POWERS (§§ 14-14-1001 — 14-14-1003) › Section 14-14-1001 - County court generally

(a)
Courts of Record.
The county court shall be a court of record and shall keep just and faithful records of its proceedings.
(b)
Seal of the Court.
The county court of each county shall preserve and keep a seal with such emblems and devices as the court deems proper. The seal shall be clear and legible and capable of photographic reproduction. The impression of the seal of the court by stamp shall be sufficient sealing in all cases in which sealing is required.
(c)
Establishment of Office.
The county judge shall maintain an office in a county building at the county seat. The office shall be open to the public during normal business hours. However, in counties having more than one (1) county seat or judicial district, the county court may prescribe the times and places the offices shall be open to the public for the transaction of county business.
(d)
Term of the County Court.
The terms of the county courts shall be held at the times that are prescribed for holding the supervisor's courts or may otherwise be prescribed by law. There shall be no adjournment of county courts, but the courts shall be deemed in recess when not engaged in the transaction of county business. In counties having more than one (1) judicial district, the county court shall be concurrently in session in each district.
(e)
Disqualification of Judges.
Whenever a judge of the county may be disqualified for presiding in any cause pending in his or her court, he or she shall certify the facts to the Governor, who shall thereupon commission a special judge to preside in the cause during the time the disqualification may continue or until the cause may be fully disposed of.
Amended by Act 2013, No. 469,§ 1, eff. 8/16/2013.
Acts 1977, No. 742, § 81; 1979, No. 413, § 19; A.S.A. 1947, § 17-3904; Acts 2005, No. 1227, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 10 - JUDICIAL POWERS (§§ 14-14-1001 — 14-14-1003) › Section 14-14-1002 - Other judicial authorities of county court

(a)
Injunctions, Restraining Orders, and Provisional Writs.
In case of the absence of the circuit judge from the county, the county court may issue injunctions, restraining orders, and other provisional writs after the action has been commenced, but not before. However, either party may have the order reviewed by the circuit judge.
(b)
Defense of County.
In cases when appeals are prosecuted in the circuit court or Supreme Court, the county judge shall defend them, and all expenses or money paid out by reason of his or her defense shall be repaid by the proper county, by order of the county court.
(c)
Writs of Habeas Corpus.
The county judge shall have power, in the absence of the circuit judge from the county, to issue, hear, and determine writs of habeas corpus, under such regulations and restrictions as shall be provided by law.
(d)
Compensation.
The county judge shall receive such compensation for his or her services as presiding judge of the county court as may be provided by law.
Acts 1977, No. 742, § 82; 1979, No. 413, § 20; A.S.A. 1947, § 17-3905; Acts 2003, No. 1185, § 22.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 10 - JUDICIAL POWERS (§§ 14-14-1001 — 14-14-1003) › Section 14-14-1003 - Appeals

Appeals from all judgments of the county courts may be taken to the circuit court, under such restrictions and regulations as may be prescribed by law.
Amended by Act 2017, No. 260,§ 1, eff. 8/1/2017.
Acts 1977, No. 742, § 83; A.S.A. 1947, § 17-3906.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 11 - EXECUTIVE POWERS (§§ 14-14-1101 — 14-14-1107) › Section 14-14-1101 - Powers of county judge generally

(a)
Arkansas Constitution, Amendment 55, § 3, established the following executive powers to be administered by the county judge:
(1)
To preside over the county quorum court, without a vote but with the power of veto;
(2)
To authorize and approve disbursement of appropriated county funds;
(3)
To operate the system of county roads;
(4)
To administer ordinances enacted by the quorum court;
(5)
To have custody of county property; and
(6)
To hire county employees, except those persons employed by other elected officials of the county.
(b)
In the performance of such executive duties, the county judge shall be bonded in the manner provided by law, as required in Arkansas Constitution, Amendment 55, § 6.
Acts 1977, No. 742, § 78; 1979, No. 98, § 1; 1981, No. 994, § 1; 1983, No. 183, § 1; 1983, No. 232, § 1; A.S.A. 1947, § 17-3901.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 11 - EXECUTIVE POWERS (§§ 14-14-1101 — 14-14-1107) › Section 14-14-1103 - Other county officials

Executive powers and duties of all county officials other than the county judge comprising the executive division of the county government shall be those established by the Arkansas Constitution and by law.
Acts 1977, No. 742, § 78; 1979, No. 98, § 1; 1979, No. 413, §§ 16, 17; A.S.A. 1947, § 17-3901.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 11 - EXECUTIVE POWERS (§§ 14-14-1101 — 14-14-1107) › Section 14-14-1104 - Administrative rules and regulations

(a)
(1)
The county judge may promulgate reasonable and necessary administrative rules and regulations, after notice and hearing thereon, for the administration and conduct of the various laws and programs to be administered by the judge in his or her capacity as the chief executive officer of the county.
(2)
These administrative rules and regulations shall be consistent with the state laws relating to the administration of county affairs by the county judge and the appropriate ordinances enacted by the quorum court.
(b)
The administrative rules and regulations promulgated by the county judge in the performance of his or her executive functions shall not be applicable to the conduct of county business which is within the jurisdiction of the county court.
Acts 1977, No. 742, § 79; A.S.A. 1947, § 17-3902.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 11 - EXECUTIVE POWERS (§§ 14-14-1101 — 14-14-1107) › Section 14-14-1105 - Jurisdiction of county court

(a)
The General Assembly determines that all powers not vested in the county judge under the provisions of Arkansas Constitution, Amendment 55, to be exercised by the county judge as the chief executive officer of the county, shall continue to be exercised and administered by the county court, over which the judge shall preside.
(b)
The county court of each county shall have exclusive original jurisdiction in all matters relating to:
(1)
County Taxes.
Jurisdiction shall include all real and personal ad valorem taxes collected by a county government, including all related administrative processes, assessment of property, equalization of assessments on appeal, tax levies, tax collection, and distribution of tax proceeds. This jurisdiction shall be exercised pursuant to law;
(2)
Paupers.
Jurisdiction shall include all county administrative actions affecting the conduct of public human services programs serving indigent residents of the county where such services are financed, in total or in part, by county funds;
(3)
Apprenticeship of Minors.
Jurisdiction over juvenile matters is vested in the county courts of each county and shall be exclusive in all cases of delinquency, juveniles in need of supervision, and dependency-neglect;
(4)
Jurisdiction in Each Other Case that May Be Necessary to the Internal Improvement and Local Concern of the Respective Counties.
Jurisdiction shall include county financial activities and works of general public utility or advantage designed to promote intercommunications, trade and commerce, transportation of persons and property, or the development of natural resources, which are not otherwise transferred to the county judge to be administered in his or her executive capacity under the provision of Arkansas Constitution, Amendment 55; and
(5)
Other Jurisdiction.
The county court shall have all other jurisdiction vested by law in the county court, excepting with respect to those powers formerly vested in the county court under the provisions of Arkansas Constitution, Article 7, § 28, which were transferred to the county judge under the provisions of Arkansas Constitution, Amendment 55, § 3.
Acts 1977, No. 742, § 80; 1979, No. 413, § 18; A.S.A. 1947, § 17-3903; Acts 1993, No. 403, § 4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 11 - EXECUTIVE POWERS (§§ 14-14-1101 — 14-14-1107) › Section 14-14-1106 - Appeals from administrative acts

Appeals by any aggrieved party from any administrative act performed, or from the nonperformance of any administrative act required by law to be performed, by the county judge acting in his or her capacity as the chief executive officer of the county, or any other elected county official, may be taken to the court of competent jurisdiction in the manner provided by law.
Acts 1977, No. 742, § 83; A.S.A. 1947, § 17-3906.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 11 - EXECUTIVE POWERS (§§ 14-14-1101 — 14-14-1107) › Section 14-14-1107 - Natural disasters

In any county in which a natural disaster, including but not limited to a tornado or flood, results in the county being declared a disaster area by the Governor, an appropriate official of the United States Government, or the county judge of the county, the county judge is authorized to use county labor and equipment on private property to provide services which are required as a result of the natural disaster.
Acts 1997, No. 394, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 12 - PERSONNEL PROCEDURES (§§ 14-14-1201 — 14-14-1213) › Section 14-14-1203 - Compensation and expense reimbursements generally

(a)
Appropriation Required.
All compensation, including salary, hourly compensation, expense allowances, training expenses, and other remunerations, allowed to any county officer, district officer, county officer-elect, district officer-elect, or employee is made only on specific appropriation by the quorum court of the county.
(b)
Payments on Claims Approved by the County Judge.
All compensation, including salary, hourly compensation, expense allowances, training expenses, and other remuneration, allowed to any county officer, district officer, county officer-elect, district officer-elect, or employee is made only upon claim or voucher presented to the county judge and approved by him or her in the manner prescribed by law for disbursement of county funds.
(c)
Expense Reimbursement.
(1)
Except as provided under subdivision (c)(2) of this section, all expense allowances, training expenses, and remunerations other than salary provided in this subchapter shall be made only upon voucher or claim itemizing the allowances or expenses, prepared in the manner prescribed by law, and presented to and approved by the county judge in the manner prescribed by law for the disbursement of county funds.
(2)
County officials may make cash advances for travel-related expenses to employees, subject to rules adopted by the Legislative Joint Auditing Committee.
(d)
Decreases in Salary.
(1)
A decrease in the annual salary or compensation of an elected county constitutional officer is not effective during a current term of office.
(2)
A decrease fixed by the quorum court of the county is not effective until January 1 following a general election in which the county constitutional officer appeared on the ballot.
(e)
Enterprise Accounts Prohibited.
An elected county or district officer or employee of the county or district shall not individually maintain or operate an account for financing self-supporting activities that render services on a user charge basis to the general public.
Amended by Act 2021, No. 314,§ 2, eff. 7/28/2021.
Amended by Act 2015, No. 279,§ 1, eff. 7/22/2015.
Acts 1977, No. 742, § 112; 1983, No. 233, § 1; A.S.A. 1947, § 17-4205; Acts 2011, No. 614, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 2 - COUNTY GOVERNMENT (§§ 14-14-101 — 14-28-103) › Chapter 14 - COUNTY GOVERNMENT CODE (§§ 14-14-101 — 14-14-1314) › Subchapter 12 - PERSONNEL PROCEDURES (§§ 14-14-1201 — 14-14-1213) › Section 14-14-1206 - Compensation of county employees

(a)
Compensation.
The quorum court of each county shall fix by ordinance the number and compensation of all county employees, including a bonus or lump-sum payment.
(b)
(1)
County Employee Defined.
"County employee" means an individual or firm providing labor or service to a county government for salary, wages, or any other form of compensation.
(2)
As used in this section, "county government" means all offices, departments, boards, and subordinate service districts of county government created by law and subordinate to county government.
Acts 1977, No. 742, § 110; A.S.A. 1947, § 17-4203; Acts 2009, No. 616, § 1; 2011, No. 561, § 3.