Alexander Mayor gets approval to buy sign with spending limit

(Corrected January meeting date to 16 on 12/26/16 @11:35 PM. Additional name, last paragraph; 12/31/16.)

The Alexander City Council has given Mayor Paul Mitchell approval to buy an electronic message sign with a spending limit of $25,000. However, thanks to one of the new incoming aldermen Mitchell expects to get a sign for much less.

“One of the new elected council members that’s what that person does for a living (sell electronic signs),” Mitchell said. “And, she’s managed to get us the wholesale price on that.”

“I’m trying to get the taxpayers the best quality, cheapest sign that we can,” Mitchell added.

Mitchell has been seeking bids for a 4X8 electronic message board that will replace the wooden sign in front of the City of Alexander Municipal Complex. This has been an on-going process for at least the past six months. He said he has received a bid from Ace Signs and Alderman Lonny Chapman has also been talking to a sign company. So far he said prices are anywhere from $18,000 to $35,000 depending on the specifications.

During the October council meeting Mitchell said because the fire and police departments will be able to use it to post messages along with general city use, he expects to fund the purchase from the general, police and fire department funds. Besides messages concerning events hosted by the police and fire departments and city Mitchell said this would be another way the fire department can post burn bans.

All six of the council members attending the December 19 meeting voted “Yes” on the $25,000 appropriation. Present were Stephanie Beck, Lonny Chapman, Dan Church, Louis Hobbs, Melissa Ratliff, and Farren Wadley. Absent were Andrea Bearden and Andy Mullins who, by law, were counted as “No” votes.

Also at the meeting;

An ordinance annexing approximately 3.27 acres into the city was read for a second time. The additional acreage is part of a moving and expansion project for owners of “My Ample Storage,” located along Highway 5 near Alexander Road. The widening of Highway 5, between Alexander and Bryant, requires moving the front wall and some storage units. A parking area will also be included in the renovation along with the construction of an indoor storage facility. Currently, all of the storage units are accessed from outside.

The annexation ordinance had its first reading during the November meeting. An ordinance must be read three times at three public meetings unless two-thirds of the council votes to suspend any of the other two readings. That requires six of the eight aldermen to vote “Yes.” Unfortunately only five of the aldermen attended the November meeting. None of the six council members at the December meeting proposed a motion to suspend the third reading, therefore the final reading and a vote to approve the ordinance will be held at the January 16 meeting.

Fire Chief Mark Ridgeway reported there have been 590 calls for 2016 as of December 19. In 2015 there were a total of 511 calls.

The next meeting of the Alexander city council is Monday, January 16, 2017. The meeting will be held at 6 PM in the courtroom at the City of Alexander Municipal Complex. The public is invited to attend.

This will be the first meeting of the new city council. During the November 8 election voters decided to not return Andrea Bearden, Stephanie Beck, Lonny Chapman, Louis Hobbs, Andy Mullins, and Farren Wadley to the council. They are being replaced by Elizabeth Bland, Joy Gray, Joe Pollard, Harold Timmerman, Jeffery Watson, and Juanita Wilson. Dan Church and Melissa Ratliff were re-elected. All council members will be sworn-in by Mayor Mitchell on January 1 at the City Municipal Complex.

Two “Old Business” items on Alexander agenda

The Alexander City Council will have the second reading of an annexation ordinance and, once again, discuss the purchase of an electronic sign. The proposed ordinance will annex additional land to property occupied by “My Ample Storage” that’s already in the city. The electronic sign is planned for the front of the municipal complex.

“My Ample Storage” is located along Highway 5 near Alexander Road. In October the city council was presented with a preliminary plan to move some of the storage buildings away from the front of the property. Engineer Jacob White said the widening of Highway 5, between Alexander and Bryant, requires moving the front wall and some storage units. A parking area will also be included in the renovation. After the meeting it was discovered a portion of the property was left out of the original annexation.

The annexation ordinance had its first reading during the November meeting. An ordinance must be read three times at three public meetings unless two-thirds of the council votes to suspend any of the other two readings. That requires six of the eight aldermen to vote “Yes.” Unfortunately only five of the aldermen attended the November meeting.

Mayor Paul Mitchell has been accepting bids for an electronic message board that will replace the wooden sign in front of the City of Alexander Municipal Complex. During the October council meeting Mitchell said because the fire and police departments will be able to use it to post messages along with general city use, he expects to fund the purchase from the general, police and fire department funds.

During that meeting Mitchell requested an appropriation of $25,000 to purchase the sign even though he was still taking bids. Mitchell made the request so he would be able to make the purchase after receiving three bids. At the time he only had one bid. A motion to approve the appropriation was not made.

Alderwoman Andrea Bearden said she wants to see where the city is on “spending” before buying a sign.

The next meeting of the Alexander city council is Monday, December 19. The meeting will be held at 6 PM in the courtroom at the City of Alexander Municipal Complex. The public is invited to attend.

City of Alexander 2016 runoff election results

The following is the runoff election results for the City of Alexander Ward-3 Position-1 seat. The runoff election is between Alderwoman Andrea Bearden and political newcomer Harold Timmermen.

Because Alexander is in both Saline and Pulaski counties each position has two vote counts. The column labeled “S” represents Saline and the “P” represents Pulaski. Both counties report 100% of the votes as counted.

****************************** S + P = TOTAL

Alderman – Ward-3, Position-1

Andrea Bearden (Incumbent) ............ 31 + 2 = 31 – 27.73%

Harold Timmerman ........................... 83 + 3 = 83 – 72.27%

Absence makes the process go slower

If any one of the three absent City of Alexander aldermen had attended the regular November meeting a minor annexation ordinance might have been approved in one night. As it stands, Mayor Paul Mitchell could only read the ordinance to those who attended the meeting. The second reading is expected to be held at the December council meeting and depending on how many aldermen attend will determine if a third meeting is needed.

The proposed ordinance will annex additional land to property occupied by “My Ample Storage” along Highway 5 near Alexander Road. The rest of the property is already in the City.

The discovery came after the city council was presented with a preliminary plan, at the October meeting, to move some of the storage buildings from the front of the property to another location. Engineer Jacob White said the widening of Highway 5, between Alexander and Bryant, requires moving the front wall and some storage units away from the highway. A parking area will also be included in the renovation.

After the meeting there was some doubt as to whether the business was in the City. It was determined the portion of the property being used was in Alexander, but the new area where construction will occur isn’t. The owners have said they prefer to be in the City.

Absent from the November council meeting was Louis Hobbs, Andy Mullins and Andrea Bearden. According to state law an ordinance of this type requires three public readings, at three separate meetings, on three different days. That requirement can be avoided if two-thirds of the city council votes to override the three reading requirement. On an eight-member council six would have to vote “Yes.” The five members present were Stephanie Beck, Lonny Chapman, Dan Church, Melissa Ratliff, and Farren Wadley.

As a side note, Hobbs and Mullins lost their attempts to be re-elected to the council during the November 8, General Election. Bearden was forced into a run-off with challenger Harold Timmerman. The run-off election is Tuesday, November 29.

The next meeting of the Alexander city council is Monday, December 19. The meeting will be held at 6 PM in the courtroom at the City of Alexander Municipal Complex. The public is invited to attend.

Annexation on City of Alexander agenda

(Correction 11/20/2016 @ 10:27 AM)

The Alexander City Council will be presented with an annexation request at its November 21 meeting. It's been discovered a portion of "My Ample Storage" on Highway 5 is not in the city. The business must move its front wall and some buildings due to widening of the highway.

The Monday, November 21 city council meeting will be held at 6 PM in the courtroom at the Alexander Municipal Complex. The public is invited to attend.

We apologize for the mix up of information.

Early voting for run-off election begins Tuesday, Nov. 22

City of Alexander voters will be able to begin casting ballots in the run-off election for the Ward-3 Position-1 seat starting Tuesday, November 22 in both Pulaski and Saline counties. The run-off election is between current Alderwoman Andrea Bearden and political new-comer Harold Timmerman.

In the Pulaski County section of Alexander early voting will be held at the Pulaski County Regional Building, 501 W. Markham St., in Little Rock. Voting will be held 8:00 am to 5:00 pm on Tuesday, November 22; Wednesday, November 23; and Monday, November 28.

In the Saline County section of Alexander early voting is being held at the Vote Here Center, 221 North Main, Benton, 8:00 am to 4:30 pm on Tuesday, November 22; Wednesday, November 23; and Monday, November 28.

The run-off election will be held Tuesday, November 29 from 7:30 am to 7:30 pm. Alexander voters in Pulaski County will cast their ballots at the First Missionary Baptist Church of Mabelvale, 10300 Mabelvale West, Little Rock. Alexander voters in Saline County will cast their ballots at the Saline County Water and Sewer office located at the intersection of South Alexander Road (near end of Hwy. 111) and East Azalea Drive.

One Alexander position requires run-off election

City of Alexander Alderwoman Andrea Bearden received the most votes in a three-way race to retain her seat on the city council. However, because it was less than 40-percent of the votes a run-off election is needed to determine the winner.

Bearden, who received 39.9-percent of the votes, will be challenged by political new-comer Harold Timmerman, who came in second with 38.8-percent. Bearden received 222 votes while Timmerman was close behind at 216 votes. Even if Bearden had received 40-percent of the votes, state law requires a 20-percent gap between her and Timmerman in order to avoid a run-off election.

The third candidate was former alderman Samuel D. Gregory. He received 119 votes at 21.4-percent.

The run-off election will be held Tuesday, November 29 from 7:30 am to 7:30 pm at the same polling places used on November 8.

Of the 18 candidates running for the nine remaining positions appearing on the ballot, four of the incumbents won re-election. For the Ward-3, Position-2 spot Alderman Dan Church defeated his opponent Corliss Jerry Ball 296 to 253. In the Ward-4, Position-1 seat Alderwoman Melissa Ratliff beat Tammy Pille 306 to 247. In the race for City Recorder Sharon Bankhead soundly defeated Regina Watson 354 to 200. Current City Treasurer Kenneth Miller squeaked out a win over Julia Ann Wilson 292 to 272.

Five aldermen will not be returning to the council January 1. Ward-1, Position-1 Alderman Louis Hobbs lost to Joe Pollard 206 to 355. In the Ward-1, Position-2 seat Alderman Farren Wadley was defeated by Elizabeth Bland 204 to 349. In the race for the Ward-2, Position-1 spot Alderwoman Stephanie Beck lost to Joy Gray 244 to 310.

In an odd twist two current aldermen will be replaced by two former aldermen. Alderman Andy Mullins has been ousted from his Ward-2, Position-2 seat by former Alderwoman Juanita Wilson with a vote of 245 to 318. And, in the Ward-4, Position-2 spot Alderman Lonny Chapman will be replaced by former Alderman Jeffery Watson by a vote of 258 to 288.

Wilson served on the council in 2013 and 2014. She lost her spot to Mullins in the 2014 election. Watson was elected to represent Ward-1 in 2014 and held that seat from January 1, 2015 until he moved to Ward-4 earlier this year. Farren Wadley was appointed to complete his term.

The winners of this election can be sworn-in beginning January 1, but no later than January 10.

Meet Harold Timmerman Saturday

This Saturday, November 19, City of Alexander residents are invited to meet Harold Timmerman who is running against Alderwoman Andrea Bearden in a run-off election. The event will be held from 11:00 AM to 3:00 PM under an open-air tent set up on the southeast corner of East Azalea Drive and South Alexander Road. The area more commonly known as “The Pit.”

The run-off election will be held Tuesday, November 29 from 7:30 am to 7:30 pm. Alexander voters in Pulaski County will cast their ballots at the First Missionary Baptist Church of Mabelvale, 10300 Mabelvale West, Little Rock. Alexander voters in Saline County will cast their ballots at the Saline County Water and Sewer office located at the intersection of South Alexander Road (near end of Hwy. 111) and East Azalea Drive.

City of Alexander 2016 Election Results – FINAL

The following are the election results for the City of Alexander. Because Alexander is in both Saline and Pulaski counties each position has two vote counts. The column labeled “S” represents Saline and the “P” represents Pulaski.

****************************** S + P = TOTAL

Alderman – Ward-1, Position-1

Louis Hobbs (Incumbent) ………… 173 + 33 = 206

Joe Pollard ………………………… 338 + 17 = 355 - W

Alderman – Ward-1, Position-2

Farren Wadley (Incumbent) ….…… 172 + 32 = 204

Elizabeth Bland …………………… 334 + 15 = 349 - W

Alderman – Ward-2, Position-1

Stephanie Beck (Incumbent) …….… 224 + 20 = 244

Joy Gray …………………………… 284 + 26 = 310 - W

Alderman – Ward-2, Position-2

Andy Mullins (Incumbent) ………… 219 + 26 = 245

Juanita Wilson ……………………… 297 + 21 = 318 - W

Alderman – Ward-3, Position-1

Andrea Bearden (Incumbent) ...... 196 + 26 = 222 - %39.9 (Runoff)

Samuel D. Gregory ...................... 108 + 11 = 119 - %21.4

Harold Timmerman ...................... 206 + 10 = 216 - %38.8 (Runoff)

Alderman – Ward-3, Position-2

Dan Church (Incumbent) ……………… 268 + 28 = 296 - W

Corliss Jerry Ball ……………………… 237 + 16 = 253

Alderman – Ward-4, Position-1

Melissa Ratliff (Incumbent) …………… 291 + 15 = 306 - W

Tammy Pille …………………………… 217 + 30 = 247

Alderman – Ward-4, Position-2

Lonny Chapman (Incumbent) ………… 228 + 30 = 258

Jeffery Watson ………………………… 268 + 20 = 288 - W

City Recorder

Sharon Bankhead (Incumbent) ………… 310 + 44 = 354 - W

Regina Watson ……………………….… 192 + 8 = 200

City Treasurer

Kenneth Miller (Incumbent) ………… 263 + 29 = 292 - W

Julia Ann Wilson …………………..… 251 + 21 = 272

Issues appearing on Tuesday’s ballot

This Tuesday is election day. Besides having to choose candidates running for ten offices in the City of Alexander voters are being asked to decide four ballot issues. There are actually seven appearing on the ballot but the Arkansas Supreme Court ruled that issues 4, 5 & 7 will not be counted.

The Public Policy Center at the University of Arkansas System Division of Agriculture has researched the ballot issues and produced a 2016 Voter Guide to explain the various issues. The information provided below is based on the contents of the 2016 Voter Guide. For more details a PDF of the 2016 Voter Guide can be found at this link. http://www.uaex.edu/business-communities/voter-education/ArkansasBallotIssuesVoterGuide-2016-Final.pdf

ISSUE NUMBER 1

(Referred to the people by the Arkansas General Assembly)

Terms, election and eligibility of elected officials

POPULAR NAME: Proposing an amendment to the Arkansas Constitution concerning the terms, election and eligibility of elected officials.

BALLOT TITLE: Proposing an amendment to the Arkansas Constitution concerning elected officials; providing for terms of office for certain county officials for four (4) years; providing that certain county officers shall not be appointed or elected to a civil office during their elected term; allowing a candidate for an office to be certified as elected without appearing on the ballot when he or she is the only candidate for the office at the election; and defining the term “infamous crime” for the

purpose of determining the eligibility of elected officials to hold office.

What is being proposed?

This amendment asks voters to approve multiple changes to the Arkansas Constitution. If approved by voters, this amendment would:

1. Allow four-year terms for elected county officials

According to the 2016 Voter Guide the term for the county offices of county judge, sheriff, circuit clerk, county clerk, assessor, coroner, treasurer, county surveyor, and tax collector will be changed from a two-year term to a four-year term. The term for justice-of-the-peace will remain two-years. If approved the new four-year terms would begin in the 2018 election.

2. Prevent certain elected county officials from also being appointed or elected to a civil office

The 2016 Voter Guide says a section would be added to the constitution that states a person elected or appointed to the county offices of county judge, justice-of-the-peace (also known as quorum court members), sheriff, circuit clerk, county clerk, assessor, coroner, treasurer, county surveyor, and tax collector, “[C]an not be appointed or elected to any other civil office in Arkansas at the same time.”

The 2016 Voter Guide says there is no legal description, either in the Arkansas Constitution or this proposed amendment, of what is considered a “civil office.” Based on court rulings the Guide says a “civil office” would include Board of Workforce Education, State Board of Pardons, board of commissioners of a drainage improvement district, school director, mayor, alderman, municipal judge, city attorney, county parks and recreation commissioner, deputy prosecuting attorney, and county election commissioner. The Guide also points out that other positions may be considered a “civil office” by the courts in the future as questions or disputes arise.

3. Allow unopposed candidates to be elected without their name appearing on the ballot

A section would be added to the constitution that sets up rules for what to do when only one person is running for a local or state position in a primary, general or special election. The amendment would also allow legislators to pass laws that allow unopposed candidates to be elected without the necessity of the candidate’s name appearing on the ballot or, in some cases, even holding an election if there are no other offices or issues on the ballot.

“[T]here wouldn’t have to be an election if only one person is running in a special election for state senator and that’s the only race to be decided,” is an example provided by the 2016 Voter Guide. “That person would be considered the elected senator without voters going to polling places and choosing that person.”

The candidate must still be eligible to hold the office and meet the deadline to file for office.

The 2016 Voter Guide says the constitution doesn’t specifically address unopposed candidates. However, one state law (A.C.A. § 7-5-207) allows most unopposed candidates for city office to be excluded from the ballot.

4. Define what “infamous crime” means in regards to who is not allowed to hold an elected position

Under this proposed change the term “infamous crime” would define the term in the section of the

Arkansas Constitution that states who cannot serve in the state legislature or hold any other public office in the state. According to the 2016 Voter Guide, “an “infamous crime” would include a felony offense; abuse of office as defined under Arkansas law; tampering as defined under Arkansas law; a misdemeanor offense involving an act of deceit, fraud or false statement, including misdemeanor offenses related to the election process.”

The Arkansas Constitution currently says, “No person hereafter convicted of embezzlement of public money, bribery, forgery or other infamous crime shall be eligible to the General Assembly or capable of holding any office of trust or profit in this State.”

The 2016 Voter Guide provides two examples of how the term “infamous crime” has been used, or misused depending on your point of view, against elected officials. One included a mayor who was convicted of misdemeanor theft of property after stealing campaign signs and a sheriff who was removed from office because he was convicted of stealing chickens three decades before he ran for office.

ISSUE NUMBER 2

(Referred to the people by the Arkansas General Assembly)

Allowing the governor to retain power and duties when absent from the state

POPULAR NAME: A Constitutional Amendment to allow the governor to retain his or her powers and duties when absent from the state.

BALLOT TITLE: An amendment to the Arkansas Constitution to allow the governor to retain his or her powers and duties when absent from the state.

What is being proposed?

The amendment would change the constitution to allow the governor to remain in power when traveling outside the state of Arkansas.

“Amendment 6 to the Arkansas Constitution shifts the power of governor to lieutenant governor in

cases of impeachment, removal from office, resignation, inability to discharge the powers and

duties of the office, absence from the state or death,” states the 2016 Voter Guide. “The phrase “absence from the state” would be deleted from Amendment 6 to the Arkansas Constitution, meaning the governor remains in charge when he or she leaves the state to travel to another state or country.”

According to the 2016 Voter Guide those who support the amendment say, “Modern technology, such as cell phones and computers, allow the governor to stay connected and do business while out of state.” And, “A lieutenant governor or Senate president, who is third in line, would be prevented from signing controversial bills or taking inappropriate actions when the governor is out of Arkansas.”

The 2016 Voter Guide says there’s been no organized or publicized opposition to this amendment.

ISSUE NUMBER 3

(Referred to the people by the Arkansas General Assembly)

Job creation, job expansion and economic development

POPULAR NAME: An amendment to the Arkansas Constitution concerning job creation, job expansion, and economic development.

BALLOT TITLE: An amendment to the Arkansas Constitution to encourage job creation, job expansion, and economic development; removing the limitation on the principal amount of general obligation bonds that may be issued under Amendment 82 of the Arkansas Constitution to attract large economic development projects; authorizing a city, county, town, or other municipal corporation to obtain or appropriate money for any corporation, association, institution, or individual to finance economic development projects and to provide economic development services; authorizing the issuance of bonds under Amendment 62 of the Arkansas Constitution for economic development projects; authorizing the taxes that may be pledged to retire bonds issued under Amendment 62 of the Arkansas Constitution for economic development projects; removing the requirement of a public sale for bonds issued under Amendment 62 of the Arkansas Constitution for economic development projects; and authorizing compacts for economic development projects among cities of the first and second class, incorporated towns, school districts and counties.

What is being proposed?

According to the 2016 Voter Guide this amendment asks voters to approve multiple changes to the Arkansas Constitution with the intent to encourage job creation, job expansion and economic development. It proposes modifications to Article 12 and Amendments 62 and 82. If approved by voters, this amendment would:

1. Remove the limitation on the amount of general obligation bonds the state may issue to pay for economic development projects. Amendment 82 currently provides that bonds cannot exceed 5 percent of state general revenues.

2. Allow a county, city, town or other municipal corporation to obtain or provide money for other entities to support economic development projects or services.

3. Clarify the authority of counties and municipalities to issue bonds for economic development

projects instead of industrial development purposes, which the constitution currently authorizes

but does not define.

4. Allow state legislators to authorize the use of other taxes (beyond special taxes) to pay off municipal and county bond debt.

5. Remove requirement that municipal and county bonds may be sold only at public sale.

6. Allow cities, towns, school districts and counties to form compacts for economic development projects.

ISSUE NUMBER 4 – REMOVED FROM BALLOT

(Constitutional Amendment Proposed by Petition of the People)

Medical-injury lawsuit laws

POPULAR NAME: An Amendment to Limit Attorney Contingency Fees and Non-Economic Damages in Medical Lawsuits

BALLOT TITLE: An amendment to the Arkansas constitution providing that the practice of contracting for or charging excessive contingency fees in the course of legal representation of any person seeking damages in an action for medical injury against a health-care provider is hereby prohibited; providing that an excessive medical-injury contingency fee is greater than thirty-three and one-third percent (33 1/3%) of the amount recovered; providing that, for the purposes of calculating the amount recovered, the figure that shall be used is the net sum recovered after deducting any disbursements or costs incurred in connection with prosecution or settlement of the medical-injury claim; providing that this limitation shall apply whether the recovery is by settlement, arbitration, or judgment; providing that this limitation shall apply regardless of the age or mental capacity of the plaintiff; providing that the prohibition of excessive medical-injury fees does not apply to workers’ compensation cases; providing that the General Assembly may enact legislation which enforces this prohibition, and that it may also enact legislation that determines the relative values of time payments or periodic payments and governs the consequences and penalties for attorneys who contract for or charge excessive medical-injury contingency fees; providing that the General Assembly shall enact a measure which specifies a maximum dollar amount for a non-economic damage award in any action for medical injury against a health-care provider, but that such a measure may never be smaller than two hundred and fifty thousand dollars ($250,000); providing that the General Assembly may, after such enactment, amend it by a vote of two-thirds of each house, but that no such amendment may reduce the maximum dollar amount for a non-economic damage award in any action for medical injury against any health-care provider to less than two hundred and fifty thousand dollars ($250,000); providing that the Supreme Court shall adjust this figure for inflation or deflation on a biennial basis; and providing that this amendment does not supersede or amend the right to trial by jury.

ISSUE NUMBER 5 – REMOVED FROM BALLOT

(Constitutional Amendment Proposed by Petition of the People)

Authorizing three casinos

Popular Name: An Amendment to Allow Three Casinos to Operate in Arkansas, One Each in the Following Counties: Boone County, Operated by Arkansas Gaming And Resorts, LLC; Miller County, Operated by Miller County Gaming, LLC; And Washington County, Operated by Washington County Gaming, LLC.

Ballot Title: An amendment to the Arkansas Constitution authorizing three casinos to operate in Arkansas, one in Boone County, Arkansas, operated by Arkansas Gaming and Resorts, LLC, an Arkansas Limited Liability Company, one in Miller County, Arkansas, operated by Miller County Gaming, LLC, an Arkansas Limited Liability Company, and one in Washington County, Arkansas, operated by Washington County Gaming, LLC, an Arkansas Limited Liability Company, all being subject to the laws enacted by the General Assembly in accord with this amendment and regulations promulgated by the Arkansas Gaming Commission in accord with laws enacted by the General Assembly; defining casino gaming and gaming as dealing, operating, carrying on, conducting, maintaining, or exposing for play any game played with cards, dice, equipment, or any mechanical, electromechanical, or electronic device or machine for money, property, checks, credit, or any representative value, as well as accepting wagers on sporting events or other events, including, without limiting the generality of the foregoing, any game, device, or type of wagering permitted at a casino operated within any one or more of the States of Louisiana, Mississippi, Missouri, Nevada, Oklahoma, Tennessee, or Texas as of November 8, 2016, or as subsequently permitted thereafter; creating the Arkansas Gaming Commission to regulate casinos in accord with laws enacted by the General Assembly, with the Arkansas Gaming Commission comprised of five (5) commissioners, each appointed by the Governor for staggered 5-year terms; providing for the General Assembly to appropriate monies to or for the use of the Arkansas Gaming Commission; requiring each casino to pay to the Arkansas State Treasury as general revenues a net casino gaming receipts tax equal to eighteen percent (18%) of its annual net casino gaming receipts; requiring each casino to pay to the county in which the casino is located a net casino gaming receipts tax equal to one-half of one percent (0.5%) of its annual net casino gaming receipts; requiring each casino to pay to the city or town in which the casino is located a net casino gaming receipts tax equal to one and one-half percent (1.5%) of its annual net casino gaming receipts; defining annual net casino gaming receipts as gross receipts for a 12-month period from casino gaming less amounts paid out or reserved as winnings to casino patrons for that 12-month period; subjecting each casino to the same income, property, sales, use, employment and other taxation as any for-profit business located in the county and city or town in which the casino is located, except that the Arkansas Gross Receipts Act of 1941 and local gross receipts taxes shall not apply to casino gaming receipts; allowing a casino to operate any day for any portion or all of any day; allowing the selling or complimentary serving of alcoholic beverages in casinos during all hours the casino operates but otherwise subject to all applicable Arkansas laws involving the distribution and sale of alcohol; permitting the shipment into Boone, Miller, and Washington counties in Arkansas of gambling devices shipped and delivered in accordance with applicable federal law (15 USC §§ 1171-1178 and amendments and replacements thereto); rendering the provisions of this amendment severable; declaring inapplicable all constitutional provisions and laws to the extent they conflict with this amendment, but not otherwise repealing, superseding, amending, or otherwise affecting Amendment 84 (bingo or raffles) or Amendment 87 (state lottery) to the Arkansas Constitution, or Arkansas Act 1151 of 2005 (Electronic Games).

ISSUE NUMBER 6

(Referred to the people by the Arkansas General Assembly)

Medical marijuana amendment

POPULAR NAME: The Arkansas Medical Marijuana Amendment of 2016

BALLOT TITLE: An amendment to the Arkansas Constitution making the medical use of marijuana legal under state law, but acknowledging that marijuana use, possession, and distribution for any purpose remain illegal under federal law; establishing a system for the cultivation, acquisition, and distribution of marijuana for qualifying patients through licensed medical marijuana dispensaries and cultivation facilities and granting those dispensaries and facilities limited immunity; providing that qualifying patients, as well as dispensary and cultivation facility agents, shall not be subject to criminal or civil penalties or other forms of discrimination for engaging in or assisting with the patients’ medical use of marijuana; requiring that in order to become a qualifying patient, a person submit to the state a written certification from a physician licensed in the state that he or she is suffering from a qualifying medical condition; establishing an initial list of qualifying medical conditions; directing the Department of Health to establish rules related to the processing of applications for registry identification cards and the addition of qualifying medical conditions if such additions will enable patients to derive therapeutic benefit from the medical use of marijuana; directing the Alcoholic Beverage Control Division to establish rules related to the operations of dispensaries and cultivation facilities; establishing a Medical Marijuana Commission of five members, two appointed by the president pro tempore of the Senate, two appointed by the speaker of the House of Representatives, and one appointed by the governor; providing that the Medical Marijuana Commission shall administer and regulate the licensing of dispensaries and cultivation facilities; providing that there shall be at least 20 but not more than 40 dispensary licenses issued and that there shall be at least four but not more than eight cultivation facility licenses issued; setting initial maximum application fees for dispensaries and cultivation facilities; establishing qualifications for registry identification cards; establishing standards to ensure that qualifying patient registration information is treated as confidential; directing the Department of Health to provide the General Assembly annual quantitative reports about the medical marijuana program; setting certain limitations on the use of medical marijuana by qualifying patients; establishing an affirmative defense for the medical use of marijuana; establishing registration and operation requirements for dispensaries and cultivation facilities; setting limits on the amount of marijuana a dispensary may cultivate and the amount of marijuana a dispensary may dispense to a qualifying patient; providing that the Medical Marijuana Commission shall determine the amount of marijuana a cultivation facility may cultivate; prohibiting certain conduct by and imposing certain conditions and requirements on physicians, dispensaries, dispensary and cultivation facility agents, and qualifying patients; establishing a list of felony offenses which preclude certain types of participation in the medical marijuana program; providing that the sale of usable marijuana is subject to all state and local sales taxes; providing that the state sales tax revenue shall be distributed 5% to the Department of Health, 2% to the Alcoholic Beverage Control Administration Division, 2% to the Alcoholic Beverage Control Enforcement Division, 1% to the Medical Marijuana Commission, 10% to the Skills Development Fund, 50% to the Vocational and Technical Training Special Revenue Fund, and 30% to the General Revenue Fund; and permitting the General Assembly by two-thirds vote to amend sections of the amendment, except that the General Assembly may not amend the sections legalizing the medical use of marijuana and setting the number of dispensaries or cultivation facilities allowed.

What is being proposed?

According to the 2016 Voter Guide this amendment includes several components. If approved by voters, this amendment would:

1. Make the regulated medical use of marijuana legal under Arkansas state law, while recognizing the drug remains illegal under federal law.

2. Establish a system for growing, acquiring and distributing marijuana for medical purposes.

3. Identify medical conditions that qualify a person for using medical marijuana.

4. Protect qualified patients, caregivers, growers, providers and doctors from arrest, prosecution, penalty or discrimination under Arkansas law. It does not offer protection from federal law.

5. Direct the state Department of Health to establish rules related to medical access of marijuana and the Alcoholic Beverage Control Commission to establish rules related to growing and selling marijuana for medical purposes.

6. Establish the Medical Marijuana Commission to administer and regulate the licensing of cultivation and dispensary facilities.

7. Allow cities and counties to enact zoning regulations that guide where dispensaries and cultivation facilities may locate, providing that the regulations are the same as those for a licensed pharmacy.

8. Allow cities and counties to prohibit dispensaries and cultivation facilities only if approved by voters in a local election.

9. Apply state and local taxes to the sale of medical marijuana and require that state tax revenues be used to offset the state’s cost of administering the law and be distributed to various state workforce and education programs.

10. Prohibit anyone other than a licensed dispensary or cultivation facility from growing marijuana for medical purposes.

11. Permit legislators to change some sections of the amendment at a later date with a two-thirds vote. Sections legalizing medical use of marijuana and the number of dispensaries and cultivation facilities could not be changed.

ISSUE NUMBER 7 – REMOVED FROM BALLOT

(Act Proposed by Petition of the People)

Medical cannabis act

Popular Name: The Arkansas Medical Cannabis Act

Ballot Title: An act making the medical use of cannabis, commonly called marijuana, legal under Arkansas state law, but acknowledging that cannabis use, possession, and distribution for any purpose remain illegal under federal law; establishing a system for the cultivation and distribution of cannabis for qualifying patients through nonprofit cannabis care centers and for the testing for quality, safety, and potency of cannabis through cannabis testing labs; granting nonprofit cannabis care centers and cannabis testing labs limited immunity; allowing localities to limit the number of nonprofit cannabis care centers and to enact zoning regulations governing their operations; providing that qualifying patients, their designated caregivers, cannabis testing lab agents, and nonprofit cannabis care center agents shall not be subject to criminal or civil penalties or other forms of discrimination for engaging in or assisting with qualifying patients’ medical use of cannabis or for testing and labeling cannabis; allowing limited cultivation of cannabis by qualifying patients and designated caregivers if the qualifying patient lives more than twenty (20) miles from a nonprofit cannabis care center and obtains a hardship cultivation certificate from the Department of Health; allowing compensation for designated caregivers; requiring that in order to become a qualifying patient, a person submit to the state a written certification from a physician that he or she is suffering from a qualifying medical condition; establishing an initial list of qualifying medical conditions; directing the Department of Health to establish rules related to the processing of applications for registry identification cards and hardship cultivation certificates, the operations of nonprofit cannabis care centers and cannabis testing labs, and the addition of qualifying medical conditions if such additions will enable patients to derive therapeutic benefit from the medical use of cannabis; setting maximum application and renewal fees for nonprofit cannabis care centers and cannabis testing labs; directing the Department of Health to establish a system to provide affordable cannabis from nonprofit cannabis care centers to low income patients; establishing qualifications for registry identification cards; establishing qualifications for hardship cultivation certificates; establishing standards to ensure that qualifying patient and designated caregiver registration information is treated as confidential; directing the Department of Health to provide the legislature annual quantitative reports about the medical cannabis program; setting certain limitations on the use of medical cannabis by qualifying patients; establishing an affirmative defense for the medical use of cannabis; establishing registration and operation requirements for nonprofit cannabis care centers and cannabis testing labs; setting limits on the number of nonprofit cannabis care centers; setting limits on the amount of cannabis a nonprofit cannabis care center may cultivate and the amount of usable cannabis a nonprofit cannabis care center may dispense to a qualifying patient; prohibiting certain conduct by and imposing certain conditions and requirements on physicians, nonprofit cannabis care centers, nonprofit cannabis care center agents, cannabis testing labs, cannabis testing lab agents, qualifying patients, and designated caregivers; prohibiting felons from serving as designated caregivers, owners, board members, or officers of nonprofit cannabis care centers or cannabis testing labs, nonprofit cannabis care center agents, or cannabis testing lab agents; allowing visiting qualifying patients suffering from qualifying medical conditions to utilize the medical cannabis program; and prohibiting special taxes on the sale of medical cannabis and directing the state sales tax revenues received from the sale of cannabis to cover the costs to the Department of Health for administering the medical cannabis program and the remainder to aid low income qualifying patients through the affordability clause.

Election day is Tuesday, November 8. Polls will be open from 7:30 AM to 7:30 PM.