2 amendment plans advance to full Senate

Proposals cover voter ID, limits on lawsuit damages

An Arkansas Senate committee on Tuesday advanced two proposed constitutional amendments — one to limit certain damage awards in civil suits and another to require the Legislature to enact laws mandating that voters present photo identification to have their ballots counted.

The proposals have already cleared the state House of Representatives. They will be on the 2018 general election ballot if the Senate approves referring them to voters.

With little discussion, the Senate State Agencies and Governmental Affairs Committee recommended Senate approval of the House- amended version of Senate Joint Resolution 8 by Sen. Missy Irvin, R- Mountain View.

Supporters of the proposed amendment maintain that expensive lawsuits make it difficult to provide goods and services at reasonable prices — including much- needed health care in rural areas. But opponents of the proposal counter that it would put a cap on the value of a human life, reduce the ability of the public to hold businesses accountable and

allow lawmakers to interfere in court rules.

The amended version of SJR8 would place a cap on noneconomic damages at $ 500,000. It also would limit punitive damages at the greater of either $ 500,000 or three times the amount of compensatory damages awarded to the claimant, which is the amount of money needed to replace what is lost. The limits wouldn’t apply under certain circumstances. The General Assembly would be able to increase these limits with a twothirds vote of each chamber.

By a majority vote of each chamber in the 2019 regular session, the General Assembly would be required to enact laws adopting a procedure to adjust the dollar figures for inflation or deflation in future years. Starting with the 2021 session, the General Assembly may change this procedure with a two- thirds vote of each chamber.

The proposed amendment would allow the Arkansas Supreme Court’s rules to take effect without a legislative vote, but lawmakers would be allowed to amend and repeal court rules of pleading, practice or procedure as well as adopt new rules with a three-

fifths vote. Currently, lawmakers do not have a role in these court rules.

The proposed amendment also would limit contingency fees for attorneys in civil lawsuits, limiting them to onethird of the amount of net recovery obtained through a settlement, arbitration or judgment. By a two- thirds vote of each chamber, the Legislature may change the maximum percentage for contingency fees for legal representation under the proposal.

The proposed amendment would become effective on or after Jan. 1, 2019.

The Senate committee also recommended approval of House Joint Resolution 1016 by Rep. Robin Lundstrum, R- Elm Springs, which would require the General Assembly to enact a law to mandate that a voter present a valid photo identification before receiving a ballot to vote in person and enclose a copy of a valid photo identification with his ballot when using an absentee ballot.

Under the proposed amendment, the state would be required to issue photo identification at no charge to an eligible voter who doesn’t have a form of photo identification meeting the requirements of the law enacted by the General Assembly.

A voter unable to present a valid photo identification when voting in person would be allowed to cast a provisional ballot, and an absentee ballot not accompanied by a copy of valid photo identification would be considered a provisional ballot. A provisional ballot would be counted only if the voter later certifies the provisional ballot in accordance with state law under the proposed amendment. The proposal would allow the General Assembly to provide for exceptions under state law to the photo identification requirement.

Proponents of the proposed amendment contend it will increase voter confidence and guard against voter fraud.

Opponents counter there is little fraud of this kind, and the burden on voters unduly restricts the right to vote.

The Legislature may refer up to three proposed amendments to voters in the 2018 general election. A two- thirds vote of the House and Senate would be required for the Legislature to consider referring a third proposed amendment to voters.