Mississippi County, and in fact all dual judicial district counties within the state of Arkansas, can now go back to the way they have always collected, recorded and spent tax revenue. HB 1743, passed by the Arkansas House and Senate since March 13, with its included emergency clause is now immediately enforceable law. The bill is now known as Act 751 of 2017.
Act 751 is a legislative fix to correct problems created on March 2 when the Arkansas Supreme Court's opinion in the City of Osceola v. Mississippi County Quorum Court appeal ruled that no countywide revenues collected in one judicial district could be used in another judicial district.
The opinion put all county bond issues in Arkansas at risk and specifically within Mississippi County, it was estimated that if the Arkansas General Assembly did not find a legislative fix, the Osceola District would have seen their share of revenue cut to only about 25 percent of the total county budget. The Quorum Court would be legally forbidden to allocate any more funds toward a problem in either judicial district, no matter how large, important or expensive, than that percentage. No longer could any sales tax revenue raised in one judicial district be spent in another judicial district.
Act 751 repeals the language pivotal language from that ruling. The antiquated non-codified language was used in the formation of all dual judicial district counties and was as old as 1883 and in the case of Mississippi County was from 1901.
It passed the Arkansas House of Representatives by a vote of 92-2 (with five not voting and 1 marked as present) and after clever parliamentary maneuvering, passed the Senate by a vote of 32-0 with three senators not voting. With the bill's passage, it was sent to Governor Asa Hutchinson-R for his signature.
When a bill goes to the governor's office, he has three options. He may sign the bill, endorsing it and making the bill law, he may veto it and it does not become law and is returned to the legislature or he may "pocket veto" the legislation where he does not sign it, therefore not endorsing it, but after three days it becomes law anyway.
The Arkansas General Assembly website indicates that after three days the bill became Act 751. It does not, however, indicate whether or not Hutchinson signed it.
As of press time, the Governor's Office has not returned CN calls for comment.
thenry@blythevillecourier.com