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Arkansas Bill #HR 1011   View text of Bill | Go to Bill Online
Bill Name:House Resolution 1011
Type:State Sovereignty
Requested Patriot Action: HR 1011 was defeated in House 34 = Y, 54 = N, 12 = No Vote

Steve Harrelson, who is the representative from Texarkana and the Arkansas Democrat majority leader instructed the Democrats to vote against HCR 1011 and HCR 1022. In addition he vehemently spoke against HCR 1011 on the floor. Rep. Harrelson did agreed to support the resolution if the language were softened. So the sponsoring Representative, Debbie Hobbs, replaced "sovereignty" with "rights", "demand" with "request" and "cease and desist" with "refrain from". In response Rep. Harrelson offered an amendment that was more of an indictment against the state government than the federal. Simply put, Rep Steve Harrelson killed this bill.
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Committees:
Sponsors: Sponsored by Representative:



Debra Hobbs 479-636-3982
dhobbs55@sbcglobal.net


Cosponsored by Representatives:






Jon Woods 479-200-3100
Roy Ragland 870-448-6640
Nancy Duffy Blount 870-295-4440
Jonathan Barnett 479-524-6254
Karen Hopper 870-431-8934

Session Schedule: In February 2010, the Legislature will return for its first fiscal session since voters approved a switch from biennial to annual sessions last year. The session is supposed to be limited to budget issues, though lawmakers can consider non-budget items with a two-thirds vote in each chamber.

Similar Bills in other states: 
Date Introduced: 2/20/2009
Enacted:N
Status:Defeated in House 34 = Y, 54 = N, 12 = No Vote
Passed House committee:
Passed Senate committee:
Passed Senate:
Passed House:
Link to Bill history: Go to Bill history
Bill History: CLAIMING STATES' RIGHTS UNDER THE TENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES.

Bill Number HCR1011

Steve Harrelson, who is the representative from Texarkana and the Arkansas Democrat majority leader instructed the Democrats to vote against HCR 1011 and HCR 1022. In addition he vehemently spoke against HCR 1011 on the floor. However, Rep. Harrelson agreed to support the resolution if the language were softened. So the sponsoring Representative, Debbie Hobbs, replaced "sovereignty" with "rights", "demand" with "request" and "cease and desist" with "refrain from". In response Rep. Harrelson offered an amendment that was more of an indictment against the state government than the federal. Simply put, Rep Steve Harrelson killed this bill.

Rep. Steve Harrelson's contact information is as follows: Business phone: 870-772-0300; Residence 870-772-5482; e-mail steve@steveharrelson.com; address 300 North State Line Ave. Texarkana, AR 71854-5926.

Status House -- Read the third time and failed.

Originating Chamber House

Lead Sponsor Hobbs

Introduction Date 2/20/2009 11:07:00 AM

Upcoming Events

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Bill Status History


Chamber Date Action Vote

House 4/3/2009 10:22:38 AM Read the third time and failed. House Votes

House 4/2/2009 9:43:08 AM REPORTED CORRECTLY ENGROSSED
House 4/2/2009 8:12:49 AM Amendment No. 1 read and adopted and the bill ordered engrossed.
House 4/2/2009 8:12:38 AM Placed on second reading for the purpose of amendment.

House 4/1/2009 11:15:45 AM Returned by the Committee with the recommendation that it do pass as amended 1




House votes: Those Who Voted No (54):

Allen Davis Hoyt L. Smith
Nix T. Baker Betts Flowers
Hyde Lindsey Patterson T. Bradford
Blount G. Smith Ingram Lovell
Pierce T. Rogers Breedlove Gaskill
J. Lowery Powers Tyler Carroll
Hall Dickenson Maxwell Rainey
Lewellen Cheatham Hardy J. Edwards
McCrary Reep Wagner Cole
Harrelson Roebuck McLean Saunders
Webb Cook Hawkins Kidd
Moore Shelby Williams Cooper
House Cowling Nickels Stewart
Word

Those Who Did Not Vote (12):

Abernathy Creekmore Dunn George
Maloch Overbey Clemmer Davenport
Everett M. Burris Mr.Speaker Wells

Those Who Voted Yes (34):

Adcock Cash Glidewell Kerr
Pyle S. Malone B. Wilkins D. Hutchinson
Greenberg King R. Green Sample
Baird Dale Hobbs Lea
Ragland Slinkard Barnett Dismang
Hopper M. Martin Reynolds Summers
Carnine English J. Burris Pennartz
Rice Woods Carter Garner
J. Rogers Perry
Senate votes:
Federal reply:
State constitution: Constitution Of The State Of Arkansas Of 1874.

Preamble.

We, the People of the State of Arkansas, grateful to Almighty God for the privilege of choosing our own form of government; for our civil and religious liberty; and desiring to perpetuate its blessings, and secure the same to our selves and posterity; do ordain and establish this Constitution.

Article 2. Declaration of Rights.

§ 1. Source of power.
All political power is inherent in the people and government is instituted for their protection, security and benefit; and they have the right to alter, reform or abolish the same, in such manner as they may think proper.

§ 2. Freedom and independence.
All men are created equally free and independent, and have certain inherent and inalienable rights; amongst which are those of enjoying and defending life and liberty; of acquiring, possessing and protecting property, and reputation; and of pursuing their own happiness. To secure these rights governments are instituted among men, deriving their just powers from the consent of the governed.

§ 3. Equality before the law.
The equality of all persons before the law is recognized, and shall ever remain inviolate; nor shall any citizen ever be deprived of any right, privilege or immunity; nor exempted from any burden or duty, on account of race, color or previous condition.

§ 4. Right of assembly and of petition.
The right of the people peaceably to assemble, to consult for the common good; and to petition, by address or remonstrance, the government, or any department thereof, shall never be abridged.

§ 5. Right to bear arms.
The citizens of this State shall have the right to keep and bear arms, for their common defense.

§ 6. Liberty of the press and of speech - Libel.
The liberty of the press shall forever remain inviolate. The free communication of thoughts and opinions, is one of the invaluable rights of man; and all persons may freely write and publish their sentiments on all subjects, being responsible for the abuse of such right. In all criminal prosecutions for libel, the truth may be given in evidence to the jury; and, if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party charged shall be acquitted.
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§ 21. Life, liberty and property - Banishment prohibited.
No person shall be taken, or imprisoned, or disseized of his estate, freehold, liberties or privileges; or outlawed, or in any manner destroyed, or deprived of his life, liberty or property; except by the judgment of his peers, or the law of the land; nor shall any person, under any circumstances, be exiled from the State.

§ 22. Property rights - Taking without just compensation prohibited.
The right of property is before and higher than any constitutional sanction; and private property shall not be taken, appropriated or damaged for public use, without just compensation therefor.

§ 23. Eminent domain and taxation.
The State's ancient right of eminent domain and of taxation, is herein fully and expressly conceded; and the General Assembly may delegate the taxing power, with the necessary restriction, to the State's subordinate political and municipal corporations, to the extent of providing for their existence, maintenance and well being, but no further

§ 24. Religious liberty.
All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; no man can, of right, be compelled to attend, erect, or support any place of worship; or to maintain any ministry against his consent. No human authority can, in any case or manner whatsoever, control or interfere with the right of conscience; and no preference shall ever be given, by law, to any religious establishment, denomination or mode of worship, above any other.

§ 25. Protection of religion.
Religion, morality and knowledge being essential to good government, the General Assembly shall enact suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship.

§ 26. Religious tests.
No religious test shall ever be required of any person as a qualification to vote or hold office; nor shall any person be rendered incompetent to be a witness on account of his religious belief; but nothing herein shall be construed to dispense with oaths or affirmations.

§ 27. Slavery - Standing armies - Military subordinate to civil power.
There shall be no slavery in this State, nor involuntary servitude, except as a punishment for crime. No standing army shall be kept in time of peace; the military shall, at all times, be in strict subordination to the civil power; and no soldier shall be quartered in any house, or on any premises, without the consent of the owner, in time of peace; nor in time of war, except in a manner prescribed by law.

28. Tenure of lands.
All lands in this State are declared to be allodial; and feudal tenures of every description, with all their incidents, are prohibited.

§ 29. Enumeration of rights of people not exclusive of other rights - Protection against encroachment.
This enumeration of rights shall not be construed to deny or disparage others retained by the people; and to guard against any encroachments on the rights herein retained, or any transgression of any of the higher powers herein delegated, we declare that everything in this article is excepted out of the general powers of the government; and shall forever remain inviolate; and that all laws contrary thereto, or to the other provisions herein contained, shall be void.





















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