Industry Insight

Industry Insight

July 2008

Statewide Ballot Issues on the November Ballot

The list of ballot issues for the November General Election is almost complete. Four measures have been authorized to appear on the ballot, while one more could be added. The State Chamber/AIA will review these measures and determine a position on each issue in the near future.

The Secretary of State’s office has certified Lt. Gov. Bill Halter’s proposal to amend the Constitution to allow state lotteries. More than 91,000 of the almost 138,615 signatures Halter turned into the Secretary of State’s office were certified, well above the 77,468 required to get on the November 4 ballot.  Halter’s proposal would mandate all lottery proceeds be spent on college scholarships, but details of setting up the lottery are left to the Legislature.  Estimates on how much a lottery in Arkansas would raise range from the Department of Finance and Administration’s $55 million calculation to Halter’s quote of about $100 million per year. 

The 86th General Assembly has referred two Constitutional Amendments to the ballot.  Proposed Constitutional Amendment 1 concerns voting and would remove language deemed by the Secretary of state to be antiquated regarding who can vote and who can be poll workers.  Proposed Constitutional Amendment 2 proposes annual legislative sessions, and provides that no legislative appropriation shall be for longer than one year.  A two-thirds vote would allow the Legislature to combine fiscal and non-fiscal policy items into one session. 

In addition, the Legislature referred to the ballot Referred Question 1, which would allow the state Natural Resources Commission to issue as much as $300 million in general obligation bonds for projects around the state.  Funds would be used to finance and refinance development of water, waste disposal, water pollution control, abatement and prevention, drainage, irrigation flood control and wetlands and aquatic resources projects. 

The Family Council Action Committee’s proposal to ban unmarried co-habitating people in Arkansas from adopting children or providing foster care gathered more than the required number of signatures it needed for review.  But the group expects the Secretary of State’s office to invalidate a number of signatures as not being from registered voters in Arkansas.  According to the Secretary of State’s office, the Family Council Action Committee will get another 30 days to turn in signatures once notified of a shortage; the law does not prevent the group from collecting signatures while the petitions are being counted. 

There were six other citizen-initiated proposals that either failed to obtain the required number of signatures or were dropped. These measures were:

  • A measure to ban certain state services from persons unlawfully in the U.S. by Secure Arkansas. 
  • Legalized state lottery and casino gambling proposed by former state representative Charles Ormond of Morrilton. 
  • An extension from two to four year terms for state representatives also by Charles Ormond. 
  • An extension from two to four year terms for elected county officials, beginning in 2010 by Marvin Cossey of Evening Shade.    
  • An extension from two to four year terms for sheriffs by the Arkansas Sheriffs’ Association. 
  • An increase in the severance tax to 7 percent by Sheffield Nelson of Little Rock.  Nelson’s proposal was dropped after the Legislature enacted the severance tax increase that resulted from a compromise crafted by Governor Beebe and natural gas industry executives. 

Watch upcoming editions of Industry Insight for additional information on each ballot proposal that will appear on the November 4 ballot. 

Fed Reports Increase in Industrial Production

After declining in three of the past four months, the Federal Reserve reported recently that overall industrial production rose a solid 0.5 percent in June, the fastest pace since July 2007. This increase reflects rising production in mining and utilities, as well as a temporary surge in motor vehicle production. Though the manufacturing sector edged up 0.2 percent, the first increase in three months, this increase was due to a 5.4 percent surge in motor vehicle production (a likely result of a strike ending in May). Outside of motor vehicles, manufacturing production declined by 0.1 percent, the third consecutive monthly decline. For the quarter overall, manufacturing production declined at an annual rate of 3.5 percent, the largest quarterly decline since the fourth quarter of 2001.

Administration Proposes Americans with Disabilities Act Regulations

The Department of Justice (DOJ) issued a notice for proposed rulemaking to rewrite current standards for accessibility enforcement under Title III of the Americans with Disabilities Act (ADA). This proposed rule is separate from efforts currently underway in Congress that address recent court decisions impacting employment issues related to the ADA. The DOJ intends to adopt the accessibility guidelines proposed under the "ADA and Architectural Barriers Act Accessibility Guidelines" (ADAAG 2004). This proposed revision to the ADAAG and expanded requirements for work areas will impact all work areas and office space—including factory and warehouse floors. More detailed information of this proposal is available by clicking here.

IndustryWeek Notes Rise in U.S. Manufacturing Domestic Production

In its August cover story, "Welcome Back U.S. Manufacturing," IndustryWeek notes, "It's too early to tell whether high fuel prices and the falling dollar will be enough to bring offshored operations back home, but some recent moves suggest it's possible." The magazine recounts the case of Desa LLC, which offshored much of the production of its residential heaters to China, but began "shift[ing] manufacturing operations for the product back to the United States after shipping costs spiraled out of control." Still, Desa's story is "still largely the exception. The more likely scenario for manufacturers trying to stave off higher operations costs overseas is an increase in U.S. production capacity or more 'near-shoring' to Mexico." A recent survey of manufacturing executives by AMR Research showed "that 21 percent plan to increase manufacturing activities in the United States over the next year, while another 21 percent expect to increase near-shore production." Another strategy IndustryWeek highlights is the outsourcing of production to U.S. suppliers. "More U.S. manufacturers are considering [these] sourcing models as the dollar's value continues to fall, according to a recent survey by MFG.com Inc."

Government Contractors Required to Use E-Verify System

President Bush has issued an Executive Order (click here: Executive Order ) requiring all contractors working with the federal government and agencies to use the E-Verify system. Subsequently, the Department of Defense, the General Services Administration and NASA issued a joint proposed rule in the Federal Register (click here: Proposed Rule ) to amend the Federal Acquisition Regulation to comply with the Executive Order. The proposed rule requires federal contractors to enroll in and use E-Verify for all employees working on the contract and all new hires during the life of the contract.  Written comments to the proposed rule are due by August 11, 2008. 

Rising Oil Prices Lead to a Renewed Interest in Coal

The Los Angeles Times reported that "[a]s the global price of oil and natural gas soars, some customers are taking a new look at other fuels -- including coal." Colombia will see its coal shipments "rise to 80 million tons this year, 10 percent more than last year and double the amount just five years ago. The value of Colombia's coal exports in 2008 will surpass $5 billion, up 40 percent from last year and 10 times what it was six years ago, a reflection of the increased price." The increased demand is pushing up prices, too. "Coal has more than doubled in price to $100 a ton in a year." And, "generating energy from coal costs a third as much as from natural gas in Japan, and half to two-thirds as much in Britain." As a result of these "favorable" economic conditions, "several U.S. utilities [are] build[ing] new or expand[ing] coal-fired power plants." A mining association predicts that "about 54 percent of all U.S. electric power will be coal-fired" by 2030.

Texas tops CNBC ranking of state competitiveness

The San Antonio Business Journal reports that "CNBC Inc. ranked Texas as the best all-around state economy and the No. 1 state to do business in America in 2008." The CNBC study considered 10 measures, including the "cost of doing business; economy; education; quality of life; technology and innovation; transportation; cost of living; business friendliness; and access to capital," to rank states on competitiveness. "Texas boasts over half of the nation's new jobs created in the past 12 months, and has added over 1.2 million net new jobs in the past five years, more than any other state."

The Indianapolis Star explained that, "with input from business groups including the National Association of Manufacturers, [CNBC] weighted the categories based on how frequently each is cited in state economic development marketing materials." Arkansas was ranked at number 32. CNBC published the full ranking on their website.