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.1 million it would cost.1532 Though clearly more modest than the 1970 and 1980 documents, the final33 draft given to the legislature at the mid-October special session did include34 several noteworthy substantive changes.Within the executive branch, a new35 line of succession was created that moved through other executive branch36 officials rather than directly to the legislative leaders.Also, in a modernizing37 provision, the governor would no longer lose power the moment she or he38 crossed the state line.The governor was also given the go-ahead to grant39 expansive tax incentives to new industries if they were to locate in the state. 148 The Constitution1 Moreover, the General Assembly was given the power to call future2 constitutional conventions without the approval of the voters, to put in place3 a recall provision for state officials, to submit to the people a plan to eliminate4 most statewide offices through consolidation of duties, to provide for judicial5 appointment rather than election, and to propose five (rather than three)6 constitutional amendments to the voters at each regular session and up to7 two amendments in a special session.The document also established an early8 court review of the appropriateness of ballot initiatives for any challenges9 brought within forty-five days of the petition being filed.Moreover, if the10 state supreme court were to find the ballot title flawed, it was to present11 backers with an opportunity to rewrite the title rather than removing the12 entire proposal from the ballot.[148], (14)13 Perhaps the most significant changes were in the judicial branch, which14 was modernized by consolidating many lower courts and was integrated15 top to bottom along the lines of the federal court system.Supreme courtLines: 18916 justices and lower court judges would be elected in nonpartisan elections.  17 The document also created an option for an appointment process for judges0.0pt Pg18 to be developed through statutory action.  19 Certain outmoded local elected positions were eliminated, county offi-Normal Pa20 cials were retitled as county executives and county commissioners to bringPgEnds: TE21 Arkansas s counties at least on their face more in line with other states,22 and each county was given the power to grant its officials four-year terms.23 In addition, municipalities were given home rule comparable to that held by[148], (14)24 counties.Finally, a minimum property tax rate was established for public25 school maintenance and operations to replace the varied local property tax26 rates found throughout the state.27 Somewhat surprisingly, the debates at the special session centered not on28 the substance of the document but on the process through which it would29 be considered.Tucker won that battle: twenty-six legislators (sixteen house30 members and ten senators) would be appointed to serve as voting delegates31 at the convention, and thirty-five delegates would be elected (from each of32 the state senate districts) on the same day (December 12, in the heart of the33 Christmas season, to ensure low turnout) that voters determined whether a34 convention would happen at all.In addition, the length of the convention was35 limited to thirty-two days.Though the theoretical possibility remained that36 the convention would throw out the draft and start over (with the possible37 inclusion of hot-button issues in the final draft), the presence of legislators38 and the convention s short meeting time made that unlikely.Finally, Tucker39 was given power to determine whether the vote on the final product of the The Constitution 1491 convention would be considered in a special or general election.Therefore,2 the final document could then be presented to voters in a special election3 devoted exclusively to constitutional revision.Only those interested in that4 issue would therefore turn out to vote, making adoption of a new constitution,5 based on the experiences of other states (and the contrary experience in6 Arkansas), more likely.Although the house passed the plan unanimously,7 partisanship was evidenced in the senate where all seven gop senators voted8 against constitutional reform.9 The list of those who came out in opposition to the plan started with the10 Republican Party leadership.It was rankled by the inevitable Democratic11 dominance of a convention in which so many delegates would be appointed12 from the legislature (and absent the appointees of Lieutenant Governor[149], (15)13 Huckabee, who had lobbied for such a role) and saw the opportunity to14 give Democrat Tucker a political black eye.Other social-conservative and15 property rights activists focused on the undemocratic nature of the processLines: 195 to16 in their public critiques.Fundamentally, however, they were concerned,  17 respectively, about abortion provisions that were threatened through the0.0pt PgV18 inclusion of an explicit right to privacy and about enhanced governmental  19 power that would threaten private property if a convention were held.LaborNormal Page20 was opposed because the  right-to-work provisions that are the bane ofPgEnds: TEX21 unions remained in place [ Pobierz całość w formacie PDF ]

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