Page:Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002).pdf/59

 Rh [33] In construing our state constitution, we give words their plain, ordinary, and common meaning. See Frank v. Barker, 341 Ark. 577, 20 S.W.3d 293 (2000); Hoyle v. Faucher, 334 Ark. 529, 975 S.W.2d 843 (1998). The wording of Amendment 74 makes it abundantly clear that each school district is responsible for assessing a uniform rate of 25 mills for maintenance-and-operation purposes. If a school district already has in effect millages for maintenance and operation, those millages may be counted against the uniform rate of 25 mills required by Amendment 74. Nowhere, however, does Amendment 74 provide that part of a millage adopted by the school district for an entirely different purpose may be subtracted from the 25 mills owed. The General Assembly's legislation permitting excess debt service millage is clearly contrary to the plain meaning of Amendment 74.

The State, in its brief before this court, only addressed Lake View's argument in a footnote. In that footnote, the State maintained that Amendment 74 is not self-executing and that legislation was necessary to put the amendment into effect. Though the State does not make this argument, we note where Amendment 74, subsection (d), provides that "maintenance and operation" means "such expenses for the general maintenance and operation of schools as may be defined by law." Giving the General Assembly authority to define what expenses are included within the term "maintenance and operation," however, does not empower that body to change the uniform millage rate or alter the funds required to be sent to the State under Amendment 74.

[34] We hold that Ark. Code Ann. § 26-80-204(18)(C) violates Amendment 74 of the Arkansas Constitution and is void and of no effect.

e. Incentive Award
Lake View next contends that the trial court erred in denying its posttrial request for an incentive award of $10 million. Lake View's primary assertion is that it has driven this litigation since its inception in 1992, and the State has made great strides in education due to its efforts. It cites two cases to support its argument.