2014 Arkansas General Election Issue Number 1

Below is an excerpt from the review of Issue Number 1 from the University of Arkansas Division of Agriculture, Research and Extension. 

What is being proposed? 

Issue 1 would change the Arkansas Constitution to allow state senators and representatives to pass future laws that give legislative committees the right to review and approve state agency administrative rules before the rules could go into effect.  

Why is this issue on the ballot? 

Arkansas senators and representatives want to provide a committee of legislators the legal authority to approve state agency rules. Arkansas Legislative Council committee members currently review state agency rules. Arkansas Supreme Court and Attorney General opinions have said legislators do not have the legal authority to approve rules before they go into effect, but they are allowed to review them for informational purposes. According to Arkansas legal opinions and scholars, voting to approve or disapprove state agency rules would violate the state Constitution’s requirement for separation of powers among the state’s legislative branch, executive branch and judicial branch. However, legislators believe the current practice gives the executive branch, or state agency leaders, more power than what the state Constitution intends.  

Legislators have proposed laws and constitutional amendments in previous years to give the Arkansas Legislative Council more oversight of state agency rules, but this is the first time the issue has been put on the ballot for voters to decide.  

How did this issue make it to the ballot? 

Arkansas legislators voted to put Issue 1 on the 2014 general election ballot. State legislators have the right to include up to three constitutional amendments on the general election ballot. Constitutional amendments require the approval of a majority of voters in a statewide election.

See the entire review HERE