Be sure to watch AETN's Election 2010: The Ballot Initiatives broadcast airing Friday, October 15th at 6:30 p.m.
The content on this page is courtesy of the VoteNaturally website.
Amendment 7 to the Arkansas Constitution gives the people of Arkansas the power to propose legislation or constitutional amendments by initiative petition, and to order the referendum against any measure passed by the General Assembly. The petition must be signed by eight percent (8%) of the voters in the last gubernatorial race in the case of proposed legislation, ten percent (10%) in the case of proposed constitutional amendments, and six percent (6%) in the case of a referendum. The proposed legislation or constitutional amendment must be submitted to the legal voters of the state at a regular election; referendum petitions may be referred to the people at special elections when fifteen percent (15%) of the legal voters petition for such special election.
The 2010 signature requirements for proposed ballot issues are 77,468 for proposed constitutional amendments, 61,974 for proposed acts, and 46,481 for referenda. Sponsors must submit the required number of signatures to the Secretary of State for certification by the July 2, 2010 deadline.
Sponsors of statewide initiative petitions should seek approval of a popular name and ballot title from the Arkansas Attorney General before gathering signatures. The Secretary State has 30 days to verify signatures. If a petition is found not to contain the required number of valid signatures, the sponsor has 30 days to collect additional signatures. If the petition is determined to have the required number of signatures, the statewide initiative will appear on the General Election ballot in November.
Some legislative acts and constitutional amendments are referred directly to the voters by the state’s General Assembly. Below are three measures referred by the 87th General Assembly during their regular session in 2009 that will appear on the state’s November 2, 2010 General Election ballot.
AMENDING THE ARKANSAS CONSTITUTION TO PROVIDE FOR A CONSTITUTIONAL RIGHT TO HUNT, FISH, TRAP, AND HARVEST WILDLIFE.
AMENDING THE ARKANSAS CONSTITUTION TO CREATE A CONSTITUTIONAL RIGHT TO HUNT, FISH, TRAP, AND HARVEST WILDLIFE.
BE IT RESOLVED BY THE SENATE OF THE EIGHTY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ARKANSAS AND BY THE HOUSE OF REPRESENTATIVES, A MAJORITY OF ALL MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO:
That the following is proposed as an amendment to the Constitution of the State of Arkansas, and upon being submitted to the electors of the state for approval or rejection at the next general election for Senators and Representatives, if a majority of the electors voting thereon at the election adopt the amendment, the amendment shall become a part of the Constitution of the State of Arkansas, to wit:
SECTION 1. (a)(1) Citizens of the state of Arkansas have a right to hunt, fish, trap, and harvest wildlife. (2) The right to hunt, fish, trap, and harvest wildlife shall be subject only t 1 o regulations that promote sound wildlife conservation and management and are consistent with Amendment 35 of the Arkansas Constitution. (b) Public hunting, fishing, and trapping shall be a preferred means of managing and controlling nonthreatened species and citizens may use traditional methods for harvesting wildlife. (c) Nothing in this amendment shall be construed to alter, repeal, or
modify:
(1) Any provision of Amendment 35 to the Arkansas Constitution; (2) Any common law or statute relating to trespass, private property rights, eminent domain, public ownership of property, or any law concerning firearms unrelated to hunting; or (3) The sovereign immunity of the State of Arkansas.
PROPOSING AN AMENDMENT TO THE CONSTITUTION OF ARKANSAS CONCERNING THE INTEREST RATE LIMITS.
PROPOSING AN AMENDMENT TO THE CONSTITUTION OF ARKANSAS CONCERNING THE INTEREST RATE LIMITS.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ARKANSAS AND BY THE SENATE, A MAJORITY OF ALL MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO:
That the following is proposed as an amendment to the Constitution of the State of Arkansas, and upon being submitted to the electors of the state for approval or rejection at the next general election for Representatives and Senators, if a majority of the electors voting thereon at the election adopt the amendment, the amendment shall become a part of the Constitution of the State of Arkansas, to wit:
SECTION 1. Governmental Bonds and Loans. (a) The maximum lawful rates of interest on bonds issued by governmental units in the State of Arkansas as set forth in various provisions and amendments to the Arkansas Constitution of 1874, including Article 19, § 13, and Amendment Nos. 30, 38, 62, 65, and 78, are removed. (b) The maximum lawful rate of interest on loans made by or to governmental units in the State of Arkansas as set forth in Article 19, § 13 of the Arkansas Constitution of 1874 is removed. (c) Except 1 as may be established by the General Assembly pursuant to Section 8 of this amendment, there shall be no maximum lawful rate on bonds issued by and loans made by or to governmental units.
SECTION 2. Loans by Federally Insured Depository Institutions. The maximum lawful rate of interest, discount points, finance charges, or other similar charges that may be charged, taken, received, or reserved from time to time in any loan or financing transaction by or to any federally insured depository institution having its main office in this State shall be the maximum rate of interest that was applicable to federally insured depository institutions under 12 U.S.C. § 1831u effective on March 1, 2009.
SECTION 3. Other Loans. The maximum lawful rate of interest on loans or contracts not described in Sections 1 and 2 shall not exceed seventeen percent (17%) per annum.
SECTION 4. Energy Efficiency Project Bonds – Issuance – Terms and Conditions. (a) A governmental unit, under laws adopted by the General Assembly, may issue bonds to finance all or a portion of the costs of energy efficiency projects. The bonds may bear such terms, be issued in such manner, and be subject to such conditions as may be authorized by the General Assembly. The bonds authorized by Section 4 shall be governmental bonds subject to the provisions of Section 1 of this amendment. (b) Bonds may be secured by a pledge of the savings from the energy efficiency project and may be repaid from general revenues, special revenues, revenues derived from taxes or any other revenues available to the governmental unit. (c) The authority conferred by this Section 4 shall be supplemental to other constitutional provisions which authorize the issuance of bonds.
SECTION 5. Definitions. (a) The term "bonds" means all bonds, notes, certificates, financing leases, or other interest-bearing instruments or evidences of indebtedness. (b) The term "Federal Reserve Primary Credit Rate" means the Primary Credit Rate, or such successor rate, as established by and in effect in the Federal Reserve B 1 ank in the Federal Reserve District in which Arkansas is located. (c) The term "federally insured depository institution" means a state bank, a national bank, or a savings association, as such terms are defined in 12 U.S.C. § 1813 as such statute existed on January 1, 2009, the deposits of which are insured by the Federal Insurance Deposit Corporation, or its successor. (d) The term "governmental unit" means the State of Arkansas; any county, municipality, school district, or other political subdivision of the State of Arkansas; any special assessment or taxing district established under the laws of the State of Arkansas; and any agency, board, commission, or instrumentality of any of the foregoing. (e) The term "loan or financing transaction by or to a federally insured depository institution" means all direct or indirect advances of funds and moneys that are conditioned on the obligation of a person or entity to repay the funds and moneys pursuant to loan agreements, lease agreements, installment sale agreements, security agreements, notes, bill of exchange, or other evidence of debt or other instruments or documents evidencing the indebtedness and are made by or to a federally insured depository institution. (f) The term "loans made by or to governmental units" means all direct or indirect advances of funds and moneys that are conditioned on the obligation of a person or entity to repay the funds and moneys pursuant to loan agreements, lease agreements, installment sale agreements, security agreements, notes, or other instruments or documents evidencing the indebtedness and are made by or to governmental units.
SECTION 6. Miscellaneous. (a) The provisions of this amendment are not intended and shall not be deemed to supersede or otherwise invalidate any provisions of federal law applicable to loans or interest rates including loans secured by residential real property. (b) All contracts under Section 3 having a rate of interest in excess of the maximum lawful rate shall be void as to principal and interest and the General Assembly shall prohibit the same by law.
SECTION 7. The ballot title for this amendment shall be: An amendment providing that constitutional provisions setting the maximum lawful rate of interest on bonds issued by and loans made by or to governmental units are repealed; the maximum lawful rate of interest on loans by federally insured depository institutions shall remain at the rate resulting from the federal preemption effective on March 1, 2009; establishing that the maximum lawful rate of interest on any other loan or contract shall not exceed seventeen percent (17%) per annum; authorizing governmental units to issue bonds to finance energy efficiency projects and allowing such bonds to be repaid from any source including general revenues derived from taxes; providing that any federal laws applicable to loans or interest rates are not superseded by the amendment; and repealing Article 19, § 13, and the interest rate provisions of Amendment Nos. 30, 38, 62, 65, and 78 of the Arkansas Constitution.
SECTION 8. Nothing in this amendment shall limit the power of the General Assembly to fix, from time to time, one or more interest rate limits on various types of bonds issued by and loans made by or to governmental units.
SECTION 9. If this amendment or the application thereof to any person or circumstances is held invalid, the remainder of the amendment and its application to persons or circumstances other than those to which it is held invalid shall not be affected.
SECTION 10. The provisions of this amendment, other than the provisions of Section 4 of this amendment, shall be self-executing.
SECTION 11. The General Assembly may by a three-fourths vote of each house of the General Assembly amend the provisions of this amendment so long as the amendments are germane to this amendment and consistent with its policy and purposes.
SECTION 12. The provisions of this amendment shall apply to all bonds issued and loans made after the effective date of this amendment.
SECTION 13. 1 The effective date of this amendment is January 1, 2011.
SECTION 14. This amendment shall repeal Article 19, § 13, and the interest rate provisions of Amendment Nos. 30, 38, 62, 65, and 78 of the Arkansas Constitution.
TO AMEND AMENDMENT 82 OF THE CONSTITUTION OF ARKANSAS TO AUTHORIZE THE GENERAL ASSEMBLY TO ESTABLISH CRITERIA BEFORE AUTHORIZING THE ISSUANCE OF BONDS FOR PROSPECTIVE EMPLOYERS PLANNING AN ECONOMIC DEVELOPMENT PROJECT.
TO AMEND AMENDMENT 82 OF THE ARKANSAS CONSTITUTION TO AUTHORIZE THE GENERAL ASSEMBLY TO ESTABLISH CRITERIA BEFORE AUTHORIZING THE ISSUANCE OF BONDS FOR PROSPECTIVE EMPLOYERS PLANNING AN ECONOMIC DEVELOPMENT PROJECT.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ARKANSAS AND BY THE SENATE, A MAJORITY OF ALL MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO:
That the following is proposed as an amendment to the Constitution of the State of Arkansas, and upon being submitted to the electors of the state for approval or rejection at the next general election for Representatives and Senators, if a majority of the electors voting thereon at the election adopt the amendment, the amendment shall become a part of the Constitution of the State of Arkansas, to wit:
SECTION 1. Amendment 82(d) of the Constitution of Arkansas is amended to read as follows: (d) In order for the The General Assembly to may authorize the issuance of bonds bearing the full faith and credit of the State of Arkansas, the prospective employer must be planning an economic development project that will invest more than five hundred million dollars ($500,000,000) in capital expenditures and plan on hiring over five hundred (500) new employees if the prospective employer planning an economic development project is eligible under criteria established by law.