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Committee approves bill to clarify which county roles qualify as 'civil offices'
Summary
The committee passed House Bill 1395 to list and clarify which county positions meet the constitutional 'civil office' definition after Amendment 95 (2016); proponents said the list reflects what courts and the attorney general have already treated as civil offices, while senators asked about inclusion of fire chiefs and conservation boards.
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House Bill 1395 was presented to the City, County & Local Affairs Committee as a clarifying measure to help county officials determine which positions are considered a "civil office" under the constitutional amendment passed in 2016. The sponsor said the bill codifies offices the courts and attorney general have already treated as civil offices and is not intended to expand the list beyond those precedents.
Blake Garrett of the Association of Arkansas Counties told the committee the bill is intended to provide clarity for county officials who frequently call for guidance about whether they may hold additional posts. The bill lists offices the Supreme Court or attorney general have previously identified as "civil offices" and provides a non-exhaustive list so that officials can reference known examples.
Senators asked whether certain roles — for example, fire chief or soil conservation district board members — would be captured. Garrett and the sponsor said those items were not included because they have not yet been the subject of court rulings or AG opinions, though they acknowledged local circumstances may warrant further review. The bill also preserves statutes that require certain county officials to serve on boards or commissions as part of their duties and does not create a separate "civil office" by that service.
Following discussion the sponsor closed and the committee passed the bill by voice vote; the bill will proceed to the full chamber for additional consideration.
