The 88th General Assembly
has convened the 2012 fiscal session

Tuesday, April 7, 2009

Joint Committee on Constitutional Amendments meets for the final time- UPDATE

We'll convene the Joint Committee on State Agencies and Governmental Affairs this morning for the final time to determine whether a consensus can be met as to a third and final choice for a proposed constitutional amendment. The legislature has given final approval to two others, both of which will be referred to voters for approval on the November, 2010 ballot. They deal with amending Amendment 82 regarding superprojects and giving Arkanans the constitutional right to hunt, fish, and trap wildlife.

I'm convinced that while many on the committee would like to see the proposals from all three of the leading candidates for a third constitutional amendment all rolled into one proposal, it probably shouldn't happen. Some groups, particularly bankers, could challenge the germaneness of such a move. Based on the limited research I've done on the issue, I believe such an attempt to marry all three proposals would cause the entire issue to be kicked off the ballot. We're going to have to choose one of SJR6 (as amended), HJR1003, or HJR1004 (as amended). The other(s) are going to have to go the petition route.

Based on my survey of the issues before the committee yesterday, the House side of the committee probably had the votes on SJR6. If we can't agree on one of those (highly likely), we ought to give the county electeds a shot of getting four year terms approved. We'll convene the committee at 8:00 this morning, and I'll post an update.

Update (HJR1004): We're now in committee and are hearing debate for and against the proposal to modify Amendment 60 and usurious rates by prohibiting any loan made within the state from being charged an interest rate in excess of 17%. Arkansas Auto Dealers Director Dennis Jungmeyer is speaking for the proposal, and Arkansas Bankers Association President Ken Hammonds will speak against the bill next. Lisa Kelly, an attorney for CarMart in Rogers has proposed trying to roll this proposal into SJR6 and HJR1003. Rep. Cheatham then closed for HJR1004.

Motion (8:50 a.m.): A motion has been made to approve SJR6, which would make savings from performance-based efficiency projects revenue under the revenue bond statutes. Sen. Hendren makes a substitute motion to hear the SJR6 amendment prior to voting. That substitute motion passed, and Sen. Broadway is explaining the amendment. The amendment rolls some language from HJR1004 into the constitutional amendment. Language from HJR1003 is already in SJR6. The amendment passed the senate side of the table but failed in a 9-9 roll call vote on the House end, so the amendment is not adopted. A motion to adopt SJR6 failed on a voice vote.

A motion was then made to adopt HJR1004, and a substitute motion for adoption of HJR1003 failed. The motion to adopt HJR1004 passed.

HJR1004 has been referred to the full House for consideration on tomorrow's calendar. If it passes the House tomorrow and the Senate Thursday, it will be referred to the voters as proposed Constitutional Amendment No. 3 on the November, 2010 ballot.

Update: It appears as though an agreement has been struck that would roll language from (HJR1003 already engrossed and) SJR6 into HJR1004. We will seek to send the bill to an amendment calendar so that it can be engrossed and sent back to the committee tomorrow.