Judges: WINSTON BRYANT, Attorney General
Filed Date: 10/25/1991
Status: Precedential
Modified Date: 7/5/2016
The Honorable James C. Scott State Senator Rt. 1, Box 82-A Warren, AR 71671-9705
Dear Senator Scott:
This is in response to your request for an opinion regarding the percentage vote necessary for the passage of two proposed bills, at some future legislative session, relating to Arkansas workers' compensation law. Specifically, you have asked the following:
(1) Do either or both of these bills amend the current Arkansas workers' compensation law so that there is a question as to the vote required for passage?
(2) If you are of the opinion that either or both of the bill drafts amend the Arkansas workers' compensation law, does an amendment of the current workers' compensation law require a simple majority vote or a two-thirds vote of each house of the General Assembly?
Your question presumably stems from the requirement of Amendment
In response to your first question, however, it is my opinion that neither of the proposed bills, as now worded, appear to amend the Workers' Compensation Act within the meaning of Amendment 7. One bill would mandate the use of "upset factors" in determining the premium to be paid by certain employers for workers' compensation insurance. The other would require the workers' compensation assigned risk plan to accept vendor policies that provide coverage to vendors who perform logging services. In Staples v. Bishop,
The answer to your first question renders your second question moot.
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Catherine Templeton.
Sincerely,
Winston Bryant Attorney General
CCT/WB:ch