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Proposed Arkansas legislation poses danger to citizens' direct democracy efforts

Proposed Arkansas legislation poses danger to citizens' direct democracy efforts

Yahoo13-02-2025

Arkansans protest several bills introduced by Sen. Kim Hammer, R-Benton, that would change the citizen-led ballot initiative process Tuesday, Feb. 11, 2025 at the Arkansas Capitol. (Tess Vrbin/Arkansas Advocate)
Eight anti-direct democracy bills sponsored by Rep. David Ray and Sen. Kim Hammer threaten Arkansans' fundamental right to self-governance.
Even one of these — HB1221, HB1222, SB207, SB208, SB209, SB210, SB211 and SB212 — threaten Arkansans' fundamental right to self-governance. Even one of these bills becoming law would severely weaken our direct democracy, affecting state, county and municipal levels.
During the Senate State Agencies & Governmental Affairs Committee hearing on Tuesday, Sen. Hammer and his supporting citizens repeatedly mentioned 'abortion' in their commentary about these 'petitioning' bills. It appears the true aim of this legislation is to destroy the direct-democracy process to prevent abortion access from reaching the ballot, as it nearly did in 2024.
Further, the committee's actions, which included limiting the voices of Arkansans who traveled to the Capitol to share their concerns about the bills, reinforce a dangerous precedent set during the last legislative session.
This creates a potentially dangerous scenario of the Legislature versus The People.
Arkansas has long been a national leader in constitutionally protected access to direct democracy. These bills are part of a broader, coordinated effort across the country, with Arkansas being one of many states targeted by 171 proposed measures to restrict direct democracy.
The only beneficiaries will be legislators seeking to consolidate power, along with wealthy, out-of-state special interests that can afford to manipulate the system.
Unconstitutional emergency clauses: Many bills contain emergency clauses that violate Arkansas Supreme Court rulings.
Constitutional violations: Several bills attempt to bypass or weaken constitutional protections for direct democracy.
Unequal power structure: These bills would establish an unfair and unconstitutional imbalance of power between the Legislature and the people.
Exploitable loopholes: By adding unnecessary procedural barriers, these bills create new ways for opponents to easily block citizen-led ballot measures.
None of these bills improve the direct democracy process. I have repeatedly called for legislation requiring the Secretary of State, Attorney General and Ethics Commission to create clear, consistent administrative rules for ballot initiatives under the Arkansas Administrative Procedures Act. This would address issues caused by conflicting statutes and siloed agency responsibilities.
Arkansas currently ranks 50th in the nation in both civics education and civic engagement. Instead of restricting direct democracy, the Legislature should seize this moment to build on civic energy and create a more accessible, transparent process that strengthens our democracy.
Shackling direct democracy, restricting political speech and undermining our state motto are an affront to all Arkansans. Every legislator who values their oath of office and believes in protecting both Arkansas and the U.S. Constitutions should stand with the people and vote against these anti-democracy bills.
As a native Arkansan who has managed four grassroots ballot initiative campaigns in the past five years, I can attest that these eight bills are deliberately designed to discourage participation and price ordinary Arkansans out of the process.
Our state motto is 'Regnat Populus (The People Rule).' Let's ensure it remains true by rejecting these harmful bills and preserving our strong tradition of direct democracy. Arkansas should continue to lead the nation in empowering its citizens, not become a cautionary tale of democracy's erosion.
The Arkansas Public Policy Panel provides hands-on experience in civic participation by helping community groups organize, create infrastructure, set goals and develop action plans to reach those goals.

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Iowa governor vetoes bill restricting private pipelines' use of eminent domain
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Iowa governor vetoes bill restricting private pipelines' use of eminent domain

Gov. Kim Reynolds vetoed a bill Wednesday aimed at CO2 pipelines and eminent domain. She's pictured at her 2025 Condition of the State Address Jan. 14, 2025. (Photo by Robin Opsahl/Iowa Capital Dispatch) Gov. Kim Reynolds Wednesday vetoed a controversial bill pertaining to eminent domain and carbon sequestration pipelines in Iowa. House Republican leaders initiated an effort to reconvene the Legislature to override the veto, but Senate GOP leaders indicated that was unlikely. House File 639 would have increased insurance requirements for hazardous liquid pipelines, limited carbon pipeline permits to one 25-year term and changed the definition of a common carrier for pipelines, making it more difficult for the projects to use eminent domain. Reynolds, in a statement, said she shared the bill's goal of 'protecting landowners' but the bill lacked the 'clear, careful lines' drawn in good policy. 'It combines valid concerns with vague legal standards and sweeping mandates that reach far beyond their intended targets,' Reynolds said in a letter announcing her decision to veto. Reynolds followed her critique of the bill by noting that Iowa could lose its 'leadership position' as a top biofuel production state if legislation stopped the infrastructure necessary to enter ultra-low carbon markets. Central to the bill is a carbon sequestration pipeline project led by Summit Carbon Solutions that would transport liquid carbon dioxide, captured from biorefineries across Iowa, to underground storage in North Dakota. Farmers and the biofuels industry have been supportive of the Summit pipeline, and therefore opposed to the bill, because it would give Iowa access to the carbon capture and sequestration technologies necessary to make products like sustainable aviation fuels. 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Farmers 'need expanded market growth and access to continue raising corn profitably; allowing them to continue growing Iowa's agricultural industry and economy,' the statement said. Opponents of the bill, including several lawmakers, argued the bill was aimed solely at carbon sequestration projects, rather than protecting landowners from eminent domain as supporters claimed. 'Eminent domain' allows the government to force private landowners to allow use of their property, for a fee set by the courts, for infrastructure projects deemed in the public interest. Eminent domain has long been used projects such as public roads and utilities. Leadership from Southwest Iowa Renewable Energy, or SIRE, said its CO2 pipeline project connecting to Nebraska's Tallgrass Trailblazer pipeline would be impacted by the bill's insurance and permit limit clauses, even though the SIRE project secured voluntary easements for 100% of its path in Iowa. Reynolds cited this example in her explanation, and said the 'arbitrary' term limits and insurance requirements would make it 'difficult for companies like SIRE to justify the additional investment' in Iowa. 'Those who crafted the bill said they don't want to stop CO2 pipelines that rely entirely on voluntary easements,' Reynolds said. 'But that is exactly what the bill does.' Summit Carbon Solutions thanked the governor for her 'thoughtful and thorough review' of the bill. In a statement, the company said the pipeline project 'opens the door to new markets and helps strengthen America's energy dominance for the long term.' 'Summit remains committed to working with landowners through voluntary agreements—just as we have with more than 1,300 Iowa landowners to date, resulting in $175 million in payments,' a spokesperson said in the statement. 'We look forward to continued discussions with state leaders as we advance this important project.' 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Reynolds said the bill sets a precedent that 'threatens' the state's 'energy reliability, economy and reputation as a place where businesses can invest with confidence.' Mary Powell, a Shelby County landowner opposed to the pipeline, said the veto shows that the state motto of, 'Our liberties we prize, and our rights we will maintain' are 'just empty words' to the governor. 'Governor Reynolds chose to support the millionaires and billionaires at the expense of Iowans and their property rights,' Powell said in a statement. Another landowner, Don Johanssen from Cherokee County, said the governor's decision was 'beyond words,' especially as the bill would have given landowners 'some liability coverage' from hazardous pipelines. The bill would have required pipeline operator to carry insurance that covered any loss or injury from accidental, negligent or intentional discharges from the pipeline, and to cover insurance increases that landowners face due to the pipeline. 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We will not stop fighting and stand firm on our commitment until landowners' in Iowa are protected against Eminent Domain for private gain.' Rep. Charley Thomson, R-Charles City, said he was 'very disappointed' in the governor's decision and that he was supportive of a special session to override the veto. Two-thirds of the Legislature must sign a petition to request a special session, and to override a veto, two-thirds of the members from each chamber must vote to pass the bill again. Sen. Jack Whitver, R-Grimes, the majority leader for the chamber, said he expects most of his caucus will 'not be interested in any attempt' to override the governor's veto. The bill likely would not have advanced in the Senate had it not been for a dozen Republican senators who vowed to block necessary budget legislation until the chamber debated eminent domain. The 12 were also joined by Senate Democrats in pushing for amendments, which were ultimately defeated, and approval of the bill. 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Maine won't require medical cannabis to be tested for contaminants -- this year
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Jun. 11—Maine's medical cannabis providers have once again fought off a controversial requirement to start testing their products — at least for now. A legislative committee killed one bill and carried over another that would have instituted testing and tracking requirements that industry members have said for years would put them out of business or force price increases. While Maine's recreational cannabis market requires testing for contaminants and potency and includes potency limits, the medical market requires neither. Maine is the only state that doesn't mandate medical cannabis to be tested. LD 104, proposed by the state's Office of Cannabis Policy and sponsored by Rep. Marc Malon, D-Biddeford, would have required seed-to-sale plant tracking and standardized chemical, mold and heavy metal testing between recreational and medical cannabis. LD 1847, sponsored by Rep. Anne Graham, D-North Yarmouth, sought to do the same while also adding potency caps on edibles. 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Craig Hickman, D-Winthrop, who drafted the bill, said the committee needed time to investigate whether there are other directors, like the heads of the state's alcohol and gambling control agencies, that should also be subject to legislative approval. Lawmakers also carried over a proposal to allow cannabis "social clubs" or public consumption, based off recommendations in a task force report this winter. Earlier this session, the committee killed two bills that would have implemented revenue sharing across Maine's cannabis industry, meaning towns and cities that allow recreational businesses could receive a portion of the tax revenue they generate. Legislators hoped the bills would encourage more towns and cities to allow cannabis shops and help them recoup the costs of overseeing the recreational program. Copy the Story Link We believe it's important to offer commenting on certain stories as a benefit to our readers. 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