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General Turnback for Counties: Not a Grant Payment for state services administered at the county level
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Seems To Me...
here ain’t no such thing as a free lunch. That’s a accordance with law by county popular adage communicating the idea that it is government, a political subdivision impossible to get something for nothing. The “free of the state; and (2) the local funclunch” refers to the once-common tradition of tion of legislative and administrative saloons in the United States providing a “free” lunch to patrons authority relating to county affairs. who had purchased at least one drink. Many foods on offer were The Arkansas Supreme Court high in salt, such as ham, cheese, salted crackers and salted nuts. has previously opined, both in You get the picture, don’t you? Those who ate them ended up 1978 and 1980 after the passage of buying a lot of “beverage.” In other words, “There ain’t no such Amendment 55 — the Arkansas Eddie A. Jones thing as a free lunch.” Someone always pays the bill. Constitutional amendment restrucCounty Consultant So, who pays the bills for county government operations in turing county government, that “It Arkansas? For the most part counties do. They pay the bills with must be remembered that counties revenues derived from property taxes, sales and use taxes, fees, are still civil divisions of the state fines, costs and other sources of revenue. However, the state of for political and judicial purposes and are the state’s auxiliaries Arkansas does provide county aid, known at the local level as and instrumentalities in the administration of its government. general revenue turnback, and a few other sources of revenue They are political subdivisions of the state for the administrato help offset the costs tion of justice. The of state mandates on word ‘county’ signithe county. County fies a portion of a state aid is not a grant. It resulting from a division he state of Arkansas recognized decades is payment for state of the state into such ago the moral and legal obligation they services administered areas for better governat the county level. The ment thereof and the had to counties. They realized that the state should be paying easier administration of for those services. Not justice. In these respects, state must provide financial assistance to counties partially — but fully. we have clearly held that in order for the state’s citizens to have any equity Let me provide some nothing in Amendment history and background 55 changed the status and equality in services that counties are required concerning this issue. of the county insofar to provide — state services. I will be as open and as its primary purpose honest as possible, givand functions are coning the state of Arkansas cerned.” [Beaumont, credit where credit is Judge v. Adkisson, Judge, due. But I also will 267 Ark. 511 (1980); conclude that Arkansas is coming up short in its obligation Mears v. Hall, 263 Ark. 827 (1978)] and indebtedness to its 75 counties — and they are the state’s The state of Arkansas recognized decades ago the moral and counties, created to help the state deliver services. legal obligation they had to counties. They realized that the state must provide financial assistance to counties in order for the *** state’s citizens to have any equity and equality in services that counties are required to provide — state services. I doubt that at Court cases down through the years have long settled the fact the time they had any clue how profoundly correct that was. that counties in Arkansas are political subdivisions of the state Act 386 of 1943 established the Cities and Counties Fund created for the public convenience in the administration of and found, “whereby it is impossible for municipalities and government. ACA § 14-14-102 states, “A county is a political counties to efficiently and safely administer municipal and subdivision of the state for the more convenient administration county statutory governmental functions without additional of justice and the exercise of local legislative authority related revenues for such purposes.” Without the provision of adequate to county affairs.” The word that I consider the most important funding, the General Assembly of 1943 deemed the condiword in this Arkansas law is the conjunction “and.” A word tions created would “jeopardize the public health and safety of connecting two separate clauses and two separate functions: the citizens of the State, the Municipalities and the Counties.” (1) the state function of justice conveniently administered in A decade later, Act 188 of 1953 created and funded a County
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COUNTY LINES, SPRING 2016
