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Blogger/Editor/Founder: Bill Smith, Ph.D. [aka: OzarkGuru & 2010 AFP National Blogger of the Year]
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One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors. -- Plato (429-347 BC)

Wednesday, July 11, 2012

Initiated Acts: The Good, The Bad and The Ugly

Bill Smith, Editorial Comment: The following article sums up the Initiated Acts being proposed "state-wide" in Arkansas. Other states also have state-wide initiated issues. I am very interested in knowing how you and your state prevent outside interests from overrunning your state. [Besides rhetorically shooting the rascals.] Arkansas is rather restrictive of its own citizens through various layers of plantation politics covering traditions and practices, rules and regulations. In the Natural State, a citizen may own several thousand acres with lots of streams, ponds, forests, and wildlife, but they cannot "legally" hunt or fish on their own land without getting a licenses from the state. And lord help them if they want to raise bees in the middle of that thousand acres without registering the beehives with the state.

Remember learning in civics' class about being able to write-in candidates during elections. Well not so fast. In Arkansas, you may not write in a candidates name unless that candidate has first openly declared, filed a supporting list of supporters and even then their name cannot be publicly identified on the ballot as a write-in candidate, and the election officials are barred from identifying you existence. No civil "write-in" unrest is going to happen at the Arkansas ballot box. Not that I presently agree or disagree with this last point which was presented solely as a contrast to the next point.

In Arkansas, an interest, corporation or person from outside the state who wishes to worm their way around the laws passed by Arkansans and the present Constitution can find wiggle room via Initiated acts - proving they can get a resident supporter.  As the old saw goes: money talks and sin often wins. In summary the following proposed Initiated acts are a means to an end: emptying the pockets of Arkansas be it through gambling, taxes or stupidity.  Would like know how you control Initiated Acts in your state?  Or even share a few of your own 'snarky' examples of the fleecing of you and your fellow citizens.

Arkansas Initiated Acts 2012, the good, the bad and the ugly

Glenn Gallas
By Glenn Gallas: Yesterday [July 6th] was the deadline for filing petitions for citizen led initiated acts. Arkansans may initiate legislation as either a state statute or a constitutional amendment. Prior to collecting signatures, initiative proponents must submit a draft of the bill, a proposed ballot title, and a proposed popular name to the Attorney General. The Attorney General then has 10 days to approve the proposal, return it to the proponents for revision, or select an alternative ballot title or name. For an initiated constitutional amendment, signatures equal to at least 10% of the total number of votes cast for the office of governor in the last gubernatorial election are required. In 2012 the required amount of signatures needed is 78,133. The Arkansas Secretary of State verifies each signature up to 110% of the required number.

Before counting, the Secretary removes any individual petitions that are formally deficient. If any individual petition appears to contain 20% or more invalid signatures, initiative sponsors are responsible for proving that each of the signatures are valid. If the petition fails to meet the signature requirement, petitioners have 30 days to collect additional signatures. Alex Reed spokesperson for the Secretary of State’s office said there are four proposed initiated acts to be reviewed.

Let’s start with the good. This process was created to give the citizens of Arkansas a voice as to what they want their state government to do. Unfortunately, the two casino measures were initiated not by an overwhelming desire by the citizens to bring casinos to Arkansas but a desire for Casino business operators to operate here. Nancy Todd’s Poker Palace and Entertainment Venues LLC wants to own and operate four casinos — one each in Pulaski, Miller, Franklin and Crittenden counties. Her amendment is titled An Amendment to Allow up to Four Casinos. Nancy Todd is a political consultant and professional poker player and said she has run 196 campaigns in 42 states. Hardly what I would consider a citizen led initiated act.

Not to be outdone by Todd’s poker Palace, Michael Wasserman of Gainesville, Texas, wants to open seven casinos — one each in Sebastian, Pulaski, Garland, Miller, Crittenden, Boone and Jefferson counties under his Arkansas Hotels and Entertainment, Inc. Wasserman has tried for years to get approval to run gambling houses in Arkansas. Again, not necessarily a citizen led initiated act. The good news again is that, “We the People”, of Arkansas have the voice to support or not support these measures. Each person has the right to decide whether or not the issue is the will of the people or the will of those who want to profit from the people. It will be up to each of us to make our voice heard.

The bad is represented by the Natural Gas Severance Tax Act of 2012, led by Sheffield Nelson. Nelson’s proposal would raise the rate to 7 percent for all wells and would not deduct treatment costs from the taxable amount. Nelson has said his initiative is about making gas companies pay to fix damage their trucks cause to Arkansas roads. Most of the revenue would go to the state Highway and Transportation Department Fund (70 percent) and to county and municipal aid funds (30 percent). Outside of the formula, $20 million would be set aside each year for municipal roads. Sounds good right? Wrong, taxes, all taxes are ultimately paid for by the consumer. This is the one defining truth that oft tends to be untold in an effort to portray a new tax as necessary and for the common good. While you will hear a lot of back and forth about good roads vs. growing business in Arkansas you will not hear one peep about why anyone would think that adding one more dollar of tax on the citizens of Arkansas is a good thing! The bad is adding another tax burden upon the citizens of Arkansas.

Well, there is only one topic left and you will be asking why I would think that the medical marijuana measure would be ugly? The answer is simple; it will be an ugly debate about a very important issue. Every day, thousands of sick and dying people in Arkansas are forced to make a difficult decision: break the law by using a medicine that their doctor recommends or continue to suffer. For many Arkansans, medical marijuana helps them live comfortably without harmful side effects. My suggestion is before the misinformation begins to fly around about this issue you take the time to research and know this issue so you become a part of the good and avoid being a part of the ugly. In a nation that has some of the most advance medicines in the world to deny access to a natural medicine because of fear of those who abuse the system is illogical and just plain wrong.

More Ugly – Finally the Arkansas legislature referred two proposed constitutional amendments in the 2011 legislative session. The first is House Joint Resolution 1001 of 2011 by Rep. Jonathan Barnett, R-Siloam Springs, proposes a 10-year, 0.5 percentage-point increase in the state sales tax to pay for additional four-lane roads. The proposal is estimated to raise $1.8 billion over a decade. The second is Senate Joint Resolution 5 of 2011 by Sen. Jake Files, R-Fort Smith, would authorize cities and counties to create districts for development and redevelopment projects, and to issue bonds payable from the city and county sales taxes. It also authorizes a city or county to issue bonds and levy a local sales tax to retire unfunded liabilities of “closed local police and fire pension plans” with the approval of voters. Both amendments supported by Republicans taxes the citizens of Arkansas more and allow municipalities to borrow money to pay off old debts and I would submit to add new debt. These are not what I would consider fiscally conservative ideas. Be prepared to listen to the arguments about how it is, “smart money” and how it will help us all in the long run. As the money leaves your pocket ask your legislator how it will help you pay your bills?

So there you have it; the good, the bad and the ugly. I am not asking you to support or oppose any of the above measures, I would simply ask that you do some research and make your own decisions and act accordingly. Arkansans will only have a voice if we speak. In America our voice is heard through the ballot box; do not take that for granted!
---------------
Glenn Gallas is a former Republican candidate for US Congress. Gallas is noted for inspiring excellence in leadership. As a conservative he has become active in many venues including being on the Dave Elswick Show KARN 102.9 FM and his On The Right Road Internet Radio Show.

Tags: initiated acts, Arkansas, Glenn Galas, gambling, casinos, increased taxes, medical marijuana To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. Thanks!
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