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www.clevelandcountyherald.com

127th Year (USPS No. 117-660)

This Week In Cleveland County Thursday, October 20 Rison Junior Wildcats at Camden Harmony Grove 7 p.m. at Harmony Grove Woodlawn Junior Bears at Strong 7 p.m. at Strong Friday, October 21 Rison Wildcats vs. Harmony Grove Hornets 7 p.m. Wildcat Field Woodlawn Bears 2016 Homecoming vs. Strong Bulldogs 6:15 p.m. Pre-Game Ceremony 7 p.m. Kickoff Carl Jones Sports Complex at Woodlawn Saturday, October 22 Rison Lions Club Haunted House 7 to 11 p.m. Old Cleveland County Nursing Home on Magnolia Street in Rison Monday, October 24 Early Voting Begins for Nov. 8 General Election Polls Open 8 a.m. to 6 p.m. Monday-Friday 10 a.m. to 4 p.m. Saturdays

News Briefs Trunk-or-Treat Will Be Held On Oct. 29

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RISON - Rison Shine Downtown Development has announced it will once again be hosting its annual Rison Shine Trunk-or-Treat beginning at 5 p.m. Saturday, Oct. 29, in downtown Rison. Local churches, businesses and individuals are invited to bring their cars, trucks or vans to park along Main Street in downtown to hand out candy and other goodies. Those participating are asked to be parked by 4:30 p.m. The area will remain closed to youth until the event begins at 5 p.m. For more information, contact Britt Talent at (870) 325-6412 or email him at contact@clevelandcountyherald.com

HedgeDwellers To Serve Chili, Soup Friday Before Game

RISON - The HedgeDwellers will serve chili and soup this Friday night before the game for donations. Serving begins at 5:30 p.m. in the superintendent’s parking lot.

Health Unit Sets Schedule For Mass Flu Shot Clinics

RISON - The Cleveland County Health Unit has announced the 2016 schedule for flu shot clinics. The Arkansas Department of Health will provide shots at no charge to you. ADH will charge your insurance providers for the cost of giving the vaccine. If you do not have insurance, the shot will still be given at no charge to you. The schedule is as follows: • Tuesday, Nov. 1 at Woodlawn High School from 1 to 6 p.m. • Tuesday, Nov. 8 at Kingsland City Hall from 9 to 11:30 a.m. • Tuesday, Nov. 8 at the New Edinburg Community Center from 1 to 4 p.m. Please bring the following items with you: Driver’s License, Insurance, Medicare, Medicaid cards. Delight thyself also in the Lord: and he shall give thee the desires of thine heart. Psalm 37:4

50 Cents

Rison, Arkansas, Wednesday, October 19, 2016 Two Sections - 22 pages

Number 45

Early Voting Begins For Nov. 8 Election

Polls Open Monday; Issues Range From President to Local Sales Taxes RISON - Early voting for the upcoming Nov. 8 general election begins this Monday, Oct. 24, in the clerk’s office on the first floor of the Cleveland County Courthouse at Rison, County Clerk Jimmy Cummings has announced. Early voting will be held from 8 a.m. to 6 p.m. Monday through Friday, and from 10 a.m. to 4 p.m. on Saturday, Oct. 29, and Saturday, Nov. 5. The final day for early voting will be from 8 a.m. to 5 p.m. on Monday, Nov. 7. The general election will be held on Tuesday, Nov. 8, from

7:30 a.m. to 7:30 p.m. The ballots distributed in Cleveland County will include races for U.S. President, U.S. Senate, Fourth District of Arkansas in the U.S. Congress, and the run-off election for associate judge on the Arkansas Court of Appeals - District 5. All ballots will also include questions on seven statewide initiatives: six proposed amendments to the Arkansas constitution and one proposed act. Two of those proposed constitutional amendments - Issue 4 “An Amendment to Limit Attorney Contingency Fees and

RISON - When voters go to the polls for the Nov. 8 general election, they will find seven proposed changes to the state constitution and state law on the ballot. The Public Policy Center for the University of Arkansas Division of Agriculture Cooperative Extension Service has produced a 2016 Voter Guide which gives an overview of each proposed issue and describes the pro’s and con’s for each issue as stated by those who support or oppose it. All the issues can be read in their entirety in the B section of this week’s Herald. In an effort to inform voters of the issues that will be on the Nov. 8, The Herald is publishing the following excerpts from the 2016 Voters Guide pertaining to the Issues 1 through Issue 5 that will be on the ballot. The two

remaining issues - Issue 6 and Issue 7 - are both related to the medical use of marijuana. Information on those to issues will be published next week. A limited supply of hard copies of the Voters Guide are available in the clerk’s office inside the courthouse at Rison. It can also be accessed online through the UA Cooperative Extension Service website at www.uaex. edu. While Issue 4 regarding tort reform and Issue 5 regarding casino gambling were thrown out by the Arkansas Supreme Court last week, both issue will still be on the ballot but the votes will not be counted, according to Cleveland County Clerk Jimmy Cummings. Issue 1 Popular Name: Proposing an (see VOTERS page 10A)

RISON - The Cleveland County School Board unanimously approved a motion Tuesday night to pay bonuses to school employees who do not miss a day or just one day of work over a nine-week period for the remainder of the 2016-17 school year. The purpose of the plan, according to those proposing it, is to give teachers and other district staff an incentive to miss less time at work, thereby saving the district money on substitute pay and getting more work done on campus. After discussing the issue for about 20 minutes during the board’s regular monthly meeting, board member Stan Sadler

Non-Economic Damages in Medical Lawsuits” (tort reform) and Issue 5 “An Amendment to Allow Three Casinos to Operate in Arkansas” were thrown out by the Arkansas Supreme Court last week. Cummings said both issues will remain on the ballot during the early and general election, but the votes will not be counted. In addition, all ballots in Cleveland County will also include two questions regarding sales taxes supporting the construction and maintenance and operation of a county jail:

Five Ballot Issues To Be Decided By State Voters

• A 1 percent sales tax that would support the construction of a county jail and would expire after the construction bond is paid off. • A permanent 1.5 percent sales tax that would go toward maintenance and operation of a county jail, and could also be used to pay for construction of a county jail. Depending on where the voter resides within the county, there will also be questions regarding two Arkansas State Senate seats; one Arkansas House of Representative position; and the Ward

C, Position 1 seat on the Rison City Council. Here are the candidates for each of those races: • State Senate Dist. 26 - Elvis Pressley, Libertarian; Senator Eddie L. Cheatham, Democrat. • State Senate Dist. 27 - Senator Bobby J. Pierce, Democrat; Trent Garner, Republican. • State House Dist. 10 - Dorothy Hall, Democrat; Representative Mike Holcomb, Republican. • Rison City Council, Ward C, Position 1 - Curtis J. Marks, Democrat; Jimmy Bowlin, Republican.

BACK IN BUSINESS - The Mercantile store was open to the public for the first time in several years Saturday during Rison in the Fall at the Pioneer Village. This marked the first public viewing of the century-old building since the new grassroots group Friends of Pioneer Village raised about $15,000 through grants and donations to help put the Mercantile back in shape. Friends used the Mercantile as a consignment shop, selling handmade products with a portion of the proceeds going toward the continuing restoration efforts at the Pioneer Village. See more about Rison in the Fall elsewhere in this issue.

Haunted House Opens Saturday

made a motion to institute what was described as an “incentive policy” proposed by the licensed personnel policy committee. Under the policy, any school employee - both certified staff (teachers) and classified staff (office workers, maintenance personnel, etc.) - would receive a $250 bonus if they do not miss one day of work during a nineweek period or will receive a $150 bonus if they miss only one day. According to the guidelines of the policy, even missing a portion of a work day will be considered missing a full day. Days missed for jury duty or a principal-approved school function (see CCSB page 11A)

RISON - In what has become a Halloween tradition for Rison, the Rison Lions Club will be opening its “Haunted House” from 7 to 11 p.m. this Saturday, Oct. 22, at the old Cleveland County Nursing Home on Magnolia Street (Hwy. 133) in Rison. A second night will be held from 7 to 11 p.m. Saturday, Oct. 29, at the same location. Admission is $10 for the first visit and $5 for repeat visits that same night. This will be the fifth year for the Rison Lion Club’s annual fundraising event. It was held at the Cleveland County Fairgrounds the first year, but has been held at the abandoned Cleveland County Nursing Home over the past four years. Connie Keese of the Lions Club, one of the organizers of the event, said there will be a lot of new attractions at this year’s haunted house, including some obstacles that have not been in the house before. “You’re going

to have to climb, bend and stoop to get through some of the obstacles this year,” she said. While organizers keep what’s going to happen inside this year a big secret, Keese did say that there will be much more emphasis on clowns this year. “With all the scary clown stuff going on

TALKING ISSUES - Dorothy Hall of Grant County (left) takes questions from audience members during the Cleveland County Democratic Party’s “Meet & Greet the Candidates” forum held last Thursday at the Hall-Morgan Veterans Building in Rison. Hall focused most of her comments on building a Southeast Arkansas Legislative Caucus to give the region more leverage in state economic development support.

RISON - Democratic Dist. 10 State Representative candidate Dorothy Hall of Grant County told a local gathering of Democrats last Thursday night that she favors the creation of a Southeast Arkansas Legislative Caucus to strengthen the regions influence when it comes to economic development. Hall was a guest of the Cleveland County Democratic Party during its “Meet-and-Greet” the candidates gathering held inside the Hall-Morgan Veterans Building in Rison. Dist. 27 State Sen. Bobby Pierce was also scheduled to be there, but was unable to attend. James McMenis of Smackover, a candidate for associate judge of the Arkansas Court of Appeals-District 5, also spoke at the event. McMenis is facing Mark Klappenbach of Fordyce in an non-partisan judicial runoff election for the seat. Klap-

penbach was not at the meeting. This is Hall’s second attempt to seek the Dist. 10 seat in the Arkansas House of Representatives. During the last election cycle, Hall lost in the Democratic Primary to incumbent State Rep. Mike Holcomb of Pine Bluff, who has since switched parties and is now seeking re-election as a Republican. While Hall has never held elected office, she told about 20 people gathered for the event that she does have plenty of experience working directly with the legislature and other state officials, including the governor, during her tenure as the associate director of the University of Arkansas Division of Agriculture’s Cooperative Extension Service. One of her duties, she said, was to work with both the legislature and governor concerning budget issues funding Extension programs.

CCSB OKs Incentive Plan for Current Year

this year, we decided to go with a heavy dose of that,” she said. Keese estimated that about 100 people will once again be involved in putting on this year’s haunted house. She said they are going to try to have smaller groups go through this year to (see HAUNTED page 11A)

Ceremony, Dinner To Honor Local Veterans on Nov. 5

RISON - A special ceremony and dinner honoring local veterans and dedicating the new Cleveland County Veterans display at Veterans Park in Rison will be held Saturday, Nov. 5, organizer John Blanchard has announced. Blanchard said the festivities will begin at 11 a.m. with a dedication ceremony of the veterans display at Veterans Park followed by the First Annual Veterans Appreciation Dinner at about 12:30 p.m. at the Cleveland County Fairgrounds in Rison. All Cleveland County veterans and their spouses are invited to attend the ceremony and then enjoy the Veterans Appreciation Dinner free of charge. The meal is being catered by Dorey’s Catfish and Chicken of Leola. Meal tickets for friends and family of the veterans, as well as others, are $15 for adults and $10 for children age 10 and under. (see CEREMONY page 11A)

Regional Issues Dominate at Democratic Forum

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“I do understand the legislative process,” she said. Hall said she felt that House Dist. 10 and the rest of Southeast Arkansas are often ignored when it comes to funding and attention for economic development. She said most of the focus seems to go to the booming areas of Northwest and Northeast Arkansas. “I do think Southeast Arkansas gets left out,” she said. When term limits were in place, she said it was difficult for any one legislator to build enough connections and cultivate influence for any particular region. She said influential legislators like Knox Nelson of Pine Bluff were no longer around. “One person is not going to make the difference,” Hall said. “We need someone with strong leadership skills.” Hall said she favors the cre(see HALL page 11A)

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• Cleveland County Herald, October 19, 2016 - page 2A •

Senior Citizens Center

stubbs WiNs risoN iN tHe Fall barbecue cooK-oFF - Clay Stubbs of Stubbs BBQ from Pine Bluff (center) poses with the overall Grand Champion trophy at the conclusion of the FBT Bank & Mortgage Rison in the Fall Barbecue Cook-Off held Saturday during Rison in the Fall at the Pioneer Village. Also pictured are Scott Poteet (left), the cook-off organizer, and Roy Phillips, organizer of Rison in the Fall. Poteet said that for the first time, there was a three-way tie for the overall grand champion. Stubbs, along with Jamie Phillips of the Saline River Bottom Boys and Carlos Johson of Big J’s Barbecue, all tied with 187 points overall. The contestants scored points based on their finish in the three cooking categories: ribs, chicken and cooker’s choice. The grand prize paid $1,000.

School Lunches Menu for Oct. 24-28

Rison/Kingsland Monday - Breakfast: Cereal, cheese stick, fruit, juice, milk. Lunch: Sausage pizza, California blend, tossed salad with ranch, fruit, whole wheat brownie, milk. Grades 6-12 will have a choice of a regular tray or a salad tray. Tuesday - Breakfast: Sausage, biscuit, fruit, juice, milk. Lunch: Chili with crackers, carrot and celery sticks, cinnamon roll, fruit, milk. Grades 6-12 will have a choice of a regular tray or a baked potato tray. Wednesday - Breakfast: Sausage roll, fruit, juice, milk. Lunch: Sloppy joe on wheat bun, cole slaw, baked beans, graham crackers, fruit, milk. Grades 612 will have a choice of a regular tray or a salad tray. Thursday - Breakfast: Pancake on a stick, fruit, juice, milk. Lunch: Chicken and noodles, steamed broccoli, sliced carrots, wheat roll, fruit, milk. Grades 612 will have a choice of a regular tray or a baked potato tray. Friday - Breakfast: Breakfast pizza, fruit, juice, milk. Lunch: Salisbury steak, mashed potatoes with gravy, tossed salad with ranch, fruit, wheat roll, milk. Grades 6-12 will have a choice of a regular tray or a salad tray. Woodlawn Monday - Breakfast: Chocolate chip muffin, cereal with fruit, milk and juice. Lunch:

Pepperoni pizza, garden salad, green beans, peaches, milk. Line two: Chicken nuggets, cream potatoes, steamed carrots, wheat rolls, pears, milk. Tuesday - Breakfast: Strawberry bagels, cereal with fruit, milk and juice. Lunch: Chicken burgers, fries with ketchup, sandwich cups, pineapple tidbits, milk. Line two: Pizza rolls, garden salad, corn, peaches, graham crackers, milk. Wednesday - Breakfast: Sausage and biscuit, cereal with fruit, milk and juice. Lunch: Cheeseburger casserole, steamed broccoli, garden salad, orange smiles, milk. Line two: Chicken wings, baked beans, corn on the cob, wheat rolls, peaches, milk. Thursday - Breakfast: Biscuit and gravy, cereal with fruit, milk and juice. Lunch: BBQ riblets, cream potatoes, pinto beans wheat biscuits, applesauce, milk. Line two: Crispitos, corn, garden salad, cantaloupe slices, graham crackers, milk. Friday - Breakfast: Ham and cheese biscuit, cereal with fruit, milk and juice. Lunch: Chicken alfredo, steamed carrots, garden salad, pears, milk. Line two: Corn dogs, baked beans, corn on the cob, apple slices with caramel dip, milk. Cleveland County Herald Your County Newspaper Since 1888

YOU ARE CORDIALLY INVTIED TO ATTEND OUR

GOSPEL MEETING at the

Rison ChuRCh of ChRist 6480 Hwy 79 - Rison, Arkansas

Oct. 30 - Nov. 2, 2016 with Jon Binkley times Sunday Bible Class 9:30 AM Sunday Assembly 10:25 AM • Sunday Evening 5:30 PM Monday – Wednesday 7:00 PM

Fellowship Meal After Service Sunday Morning

Everyone Is Welcome! Cleveland County Herald Your County Newspaper Since 1888 www.clevelandcountyherald.com

215 Main Street • P.O. Box 657 • Rison, Arkansas 71665 Phone (870) 325-6412 • Fax (870) 325-6127 • contact@clevelandcountyherald.com

Britt Talent • Editor/Publisher Stan Sadler • Other Days Editor Douglas Boultinghouse Graphic Designer/Circulation Manager Entered as periodical matter at the U.S. Post Office at Rison, Arkansas, 71665, under Act of Congress, March 3, 1879. Postmaster: Send address changes to the Cleveland County Herald, P.O. Box 657, Rison, Arkansas 71665 (USPS No. 117-660). DeaDliNes News: 5 p.m. Monday (Can be submitted by mail at P.O. Box 657, Rison, AR 71665; fax: (870) 325-6127; or by email: ccherald@tds.net. Display advertising: 5 p.m. Monday Classified Advertising: Noon Tuesday subscriPtioN rates One-Year Subscription Rates: Cleveland and adjoining counties (Bradley, Calhoun, Dallas, Drew, Grant, Jefferson and Lincoln), $24; elsewhere in Arkansas, $30; outside Arkansas, $33. To subscribe, send payment with name and mailing address to: Cleveland County Herald, P.O. Box 657, Rison, AR 71665. New subscriptions or subscription renewals can also be made online by visiting www.clevelandcountyherald.com

RISON - Ruby Miller, site manager for the Cleveland County Senior Citizens Center at Rison, extends an invitation to all seniors to join in on the activities at the center. If you like to meet new people, exercise, play bingo or do puzzles, or exercise, please come out and join us. Lunch is served at 11:30 a.m. each day. If you need a ride, call the center before 9 a.m. at (870) 325-6259. Lunch Menu (Served 11:30 a.m.) Thursday, Oct. 20 - BBQ pork, ranch beans, potato salad, hamburger bun, apple cobbler, milk. Friday, Oct. 21 - Smother beef patty, whipped potatoes, stewed tomatoes, dinner roll, fresh banana, milk.

Monday, Oct. 24 - Baked chicken breast, creole sauce, twice whipped potatoes, green beans, dinner roll, mandarin oranges, milk. Tuesday, Oct. 25 - Breaded pork patty, onion gravy, parslied rice, mixed vegetables, wheat bread, diced peaches, milk. Wednesday, Oct. 26 - Beef taco meat, lettuce and tomato, pinto beans, flour tortilla, peach cobbler, milk, taco sauce. Thursday, Oct. 27 - Chicken salad, macaroni salad, tossed salad, wheat bread (2), fresh fruit, milk, ranch salad dressing. Friday, Oct. 28 - Sausage with onions and peppers, demonico potatoes, sliced carrots, hot dog bun, carnival cookie, milk, mustard.

babY Miss risoN iN tHe Fall - The top finishers in the Baby Miss Pageant for 0 to 1 year olds at Rison in the Fall were Ainsley Cook, winner; Isabell Scott, first runner-up; and Ansley Walker, second runner-up. Ansley Cook also won Most Photogenic, Isabell Scott won Most Beautiful, Adeline Wright won Prettiest Hair, Ansley Walker won Prettiest Smile, Isabell Scott won Prettiest Eyes and Ainsley Cook won Best Fashion.

Southern Hills SIPES COTTAGE #1 Maggie Leopard was visitd by Roger Leopard; Nina Hesselbein; Deborah Hobbs; James and Brenda Green; Betty Rodgers; Jack Rodgers. WILSON COTTAGE #2 Elnora Hendrix was visited by Jerry Ritchey. Juanice Stewart was visited by Deborah McClain; Bobby Vinson; Peggy King; Becky McClain. Zerlene Hogg was visited by Deborah McClain; Peggy King; Becky McClain. Emma Taylor was visited by Kenneth and Nettie Holmes; Michelle McCarty; Samantha, Skyler and Gavin. Shirley Jackson was visitd by Betty Wilkes. Harlan and Dorothy Moring were visited by Betty Wilkes; Mary Ann Franklin; Gina Sifford; Ron Workman. All residents were visited by Barbara Attwood; Barbara Wilson, Ike Mohr; Mary Johnson; Phyllis Reed; Emily Taylor; Betty Taylor; Carter Taylor; Rison United Methodist Church. McKINNEY COTTAGE #3 Shirley Allison was visited by Phyllis Reed. Mary Jenkins was visited by Mark Jenkins. Evelyn Simmons was visited by Freda Cox; Marcy Passmor. Eathel Meks was visited by Kenneth and Vickie Mieeks; Ellie Meeks. Mary Phillips was visited by Barbara Phillips. Annie Granderson was visited

by John Doss; Marcy Passmor. SADLER COTTAGE #4 Dovie Mayberry was visited by Jim and Sylvia Boyd; Steve, Diane and Delaney Boyd; Leon and Dolly Boyd; Malik Westbrook; Craig, Ruth Anne, and Emily Milbourn; TJ, Jessica and Hallie White; Benjamin and Ashley Lewis; Rickee Boyd; Jamie Boyd; Paulette Wilson; Linda Kay Thompson; Gabrielle Thompson; Bob Boyd; Robert Boyd; Roger Parker; Jackson Boyd. Dovie celebrated her 97th Birthday! Alma Young was visited by Fannie Hicks. Bobbie Johnson was visited by Rick Simmons. Eugene Granderson was visited by Ida Hightower. Ella Mae Brewer and Wayne Brewer were visited by Billy Brewer. All residents were visited by Salena Cope; Myra Puckett; Mavin Morris; Giles and Syble Kitchens; Barbara Jacks; Jane Jacobs; Lela reed; Peggy Cash; Helen Oliger; Cade and Glenna Knowles; Sarah Farrer; Kelsey Farrer; Keaton Farrer. PUTERBAUGH COTTAGE #6 Frances Lunsford was visited by Jim Boyd; Salena Cope; Salley Essey. Patsy Wilson was visited by Allen and Barbara Wilson; Irene Wooley; Beatrice Burke; Ruth and Jim Phillips. Sue Edwards was visited by Carolyn Jacks; Brenda Warner; Wayne Harris; Pamela Edwards.

ROWELL - Oak Grove Missonary Baptist Church will open its Essential Needs Pantry Saturday, Oct. 22 from 10 a.m. to 12 p.m.

Oak Grove MBC Fall Festival Oct. 31 ROWELL - Oak Grove Missionary Baptist Church on Hwy. 63 will have its annual Fall Festival from 6 to 8 p.m. Monday, Oct. 31. There will be food, games, cake walk and lots of fun for your kids. Bring your kids out and enjoy a fun night.

Woodlawn Gospel Singing is Nov. 5

WOODLAWN - The public is invited to come participate or listen in on a casual community Gospel singing to be held at 6 p.m. Saturday, Nov. 5, at the Woodlawn Community Center at 6270 Hwy. 63, organizer Salena Cope has announced. There is no charge to attend. Anyone who would like sing is welcome to bring their own music on CDs or they can sing with the band/musicians who will be on hand. Look in The Herald for future singing dates.

tiNY Miss risoN iN tHe Fall - The top finishers in the Tiny Miss Pageant for 2 year olds at Rison in the Fall were Landree Sullivan, winner; Scarlet Squires, first runner-up; and Harper Messick, second runner-up. Landree Sullivan won Most Photogenic, Harper Messick won Prettiest Hair, Landree Sullivan won Prettiest Smile, Mallorrie Gifford won Prettiest Eyes, and Harley Wolfe won Best Fashion.

Public Notice

Briefs Oak Grove Pantry Open Saturday

toDDler Miss risoN iN tHe Fall - The top finishers in the Toddler Miss Pageant for 1 year olds at Rison in the Fall were Lexington Van Duran, winner; Caroline Lane, first runner-up; and Annaleigh Stafford, second runner-up. Annaleigh Stafford won Most Photogenic, Lexington Van Duran won Most Beautiful, Annaleigh Stafford won Prettiest Hair, Lexington Van Duran won Prettiest Smile, Caroline Lane won Prettiest Eyes, and Annaleigh Stafford won Best Fashion.

IN THE CIRCUIT COURT OF CLEVELAND COUNTY, ARKANSAS CIVIL DIVISION DIVISION #6th KARL ROBERSON

PLAINTIFF

VS.

NO. 13CV-37-6

CALVIN ROBERSON and JACKIE ROBERTS, his wife; SHERRILL RAYFORD and CLEVELAND RAYFORD, her husband; JENNIFER HOLMES and KENNETH HOLMES, her husband

DEFENDANTS

WARNING ORDER TO:

JACKIE ROBERTS, JENNIFER HOLMES and KENNETH HOLMES, DEFENDANTS:

You are hereby warned to appear in the Court within thirty (30) days from the first date of publication shown below and answer the complaint of the plaintiff wherein the property or thing to be affected is described as follows: A part of the Southeast Quarter of the Northwest Quarter (SE¼ NW¼) of Section 21, Township 8 South, Range 10 West, Cleveland County, Arkansas, described as follows: Beginning at a point 529.8 feet North of the Southeast corner of the said Southeast Quarter of the Northwest Quarter (SE¼ NW¼) of Section 21 which point is in the East line thereof: thence run North 737.22 feet along the East line of the said SE¼ NW¼ of Section 21 or to the Northeast corner of said 40 acre tract which corner is in the East boundary of the Rison Public Road, thence run South 30° West 561 feet along the East boundary of the said Rison Public Road; thence South 87° 10' West 297 feet; thence South 30° West 297 feet parallel with the said Rison Public Road; thence North 87° 10' East 782.7 feet to the POINT OF BEGINNING, containing 5.7 acres, more or less; LESS AND EXCEPT the following: Commencing at the Southeast corner of the Southeast Quarter of the Northwest Quarter (SE¼ NW¼) of Section 21, Township 8 South, Range 10 West, Cleveland County, Arkansas; thence North 219 feet to the POINT OF BEGINNING; thence North 262 feet; thence North 87° 15' West 424 feet to the East right of way of Hwy. #133; thence South 32° West along said Hwy. 200 feet; thence South 68° 07' East 570.6 feet to the POINT OF BEGINNING. PLAINTIFF HAS FILED A COMPLAINT FOR PARTITION AGAINST YOU. Your failure to file a written answer within thirty (30) days may bar you from answering or asserting any defense you may have. WITNESS my hand and seal of said Court this 11th day of October, 2016. JIMMY CUMMINGS Cleveland County Circuit Clerk This notice first published on the 19th day of October, 2016. R. Victor Harper Attorney for Plaintiff 717 South Lincoln Avenue Star City, AR 71667


• Cleveland County Herald, October 19, 2016 - page 3A •

Students of the Month

Briefs Kingsland Elem. Raising Funds For Yearbook Production

Hannah Taylor, a junior at Rison High School was named the Rison High School October Student of the Month. Hannah is the daughter of David and Diana Taylor. She is the granddaughter of Topsey and the late J.D. Taylor of Rison, Sue and Danny Forthman of Arkadelphia, and Donnie and Emily Huff of Kingsland. She has a brother, Hunter Taylor. Hannah enjoys cheerleading and track, and she is a member of FCA, FBLA, and the Beta Club.

Jordan Fisher, an 8th grader at Rison High School was named October student of the month. Jordan is the son of Galvin and Tasha Wilson. Jordan has a sister, Janiah Fisher and a brother Gavin Wilson Jr. His activities include playing video games, hunting, fishing, playing sports, and spending time with friends and family.

KINGSLAND - Kingsland Elementary School is planning a yearbook drive again after a successful drive last school year, KES Media Specialist and Yearbook Advisor Vanessa Ostendorf has announced. The school is asking for monetary donations to raise funds to provide yearbooks for all students in the school. If you are interested in making a donation, or have questions or concerns, contact the school at 870-348-5335.

K.E.S. Honors School Bus Safety Week

KINGSLAND - Kingsland Elementary is honoring National School Bus Safety Week this week, calling on citizens to exercise constant courtesy and caution when near school buses. Motorists are required to stop for stopped school buses that are displaying flashing red lights and a stop arm. This reminder is to prevent drivers from failing to stop when children may be crossing streets and not watching traffic as closely as they should.

Health Screenings Oct. 20 In P.B. For Children, Parents Harrison Reed, a sophomore at Rison High School was named October student of the month. Harrison is the son of Rodney and Kim Reed. He is on the football team and is a member of the Beta Club, the Gifted and Talented Program, and the Rison Baptist Church Youth Group.

PINE BLUFF - The Arkansas River Educational Service Cooperative, located at 912 West 6th, will hold free health screenings to HIPPY, PAT and ABC children for one day, Oct. 20 from 8:30 a.m. to 5 p.m. Parents can receive free blood pressure, blood sugar and cholesterol screenings. The screenings are by appointment only. To schedule an appointment call MyKenya at 870730-2909. Please bring updated immunization records. For more information, call Cathy at 870-730-2912. Cleveland County Herald Your County Newspaper Since 1888

The Conservative Voice For Southeast Arkansas

Standing Tall for Cleveland County State Representative Mike Holcomb has allocated money for Star City; To Keep Library Open • Equipment For Cleveland County Sheriff's Department • The City Of Rison Infrastructure • The Food Bank • Cleveland County School District For Various Projects • Rise & Shine Projects • Rison’s Historic Pioneer Village.

Municipal League’s Legislator of the Year Southeast Arkansas’ People’s Choice Favorite Politician

PROTECTING YOUR SECOND AMENDMENT RIGHTS


• Cleveland County Herald, October 19, 2016 - page 4A •

News Briefs Halloween Costume So. Hills Nursing Home To Pass Out Benefit For Chris Halloween Candy Cole Set Oct. 29

YOUNG MISS RISON IN THE FALL - The top finishers in the Young Miss Pageant for 10 to 12 year olds at Rison in the Fall were Maydeline Hollingsworth, winner; Cayla Johnson, first runner-up; and Keller Bigham, second runner-up. Maydeline Hollingsworth won Most Photogenic, Most Beautiful and Best Fashion. Keller Bigham won Prettiest Hair, Cayla Johnson won Prettiest Smile, and Kara Faultersack won Prettiest Eyes.

TEEN MISS RISON IN THE FALL - The top finishers in the Teen Miss Pageant for 13 to 15 year olds at Rison in the Fall were Madison Carson, winner; Sydney Keaton, first runner-up; and Marrisa Owen, second runner-up. Madison Carson won Most Photogenic, Marissa Owen won Most Beautiful, Sydney Keaton won Prettiest Smile, Madison Carson won Prettiest Eyes and Sydney Keaton won Best Fashion.

PEOPLE’S CHOICE AWARD Mallorie Gifford was awarded the “People’s Choice” Award during the Rison in the Fall Pageants held Saturday at the Pioneer Village.

NEW EDINBURG - The West Saline Community Center will host a Halloween Costume event for adults Saturday, Oct. 29 from 7 p.m. to 12 a.m. to benefit Christopher Lee Cole. Admission is $10. All proceeds to go toward helping get a service dog for Cole, who was he only survivor out of 20 that was hit by an IED bomb while serving our country. Please come out and help us show Cole we appreciate his service, and show support to him, his wife and two children. If you cannot attend and would like to make a donation, you can go online to the GoFundMe page for Christopher Lee Cole or mail to West Saline Comm. Center, 20 McCallister Road, New Edinburg, Ark. 71660. For more information, contact board members Nikki Warner at 870-352-1830; Willie Rainey at 870-250-0249 or Kathy Morris at 870-500-6121.

UAM Beef/Forage Field Day is Oct. 27

MONTICELLO - The University of Arkansas Division of Agriculture Cooperative Extension Service will be holding its annual Beef/Forage Field Day beginning at 4 p.m. Thursday, Oct. 27, at the Southeast Research and Extension Center on the campus of the University of Arkansas at Monticello. Booths and displays will be open at 4 p.m. with presentations set to begin at 5 p.m. There will be presentations on optimum cow size, hay quality issues, cost of production/break-even price, and a beef cattle market update. Guests are also encouraged to bring their spray nozzles of evaluation and recommendation. Dinner will be served. Cleveland County Herald

MISS RISON IN THE FALL - Garianna Booker won the Miss Risoon in the Fall Pageant for ages 16 to 20 years olds.

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RISON - The Green House Cottages of Southern Hills will pass out candy on Halloween, Monday, Oct. 31. All kids are invited to trick-or-treat.

Support Group For Trauma Survivors To Meet Nov. 1

RISON - The Women’s Crisis Center of South Arkansas, based at Camden, will host a support group meeting for survivors of trauma at 2 p.m. the first and third Tuesdays of the month (Nov. 1 and 15) at the Cleveland County office of the Department of Human Services, 201 Fifth Street in Rison. All meetings are strictly confidential. For more infomation, call the Women’s Crisis Center of South Arkanas at (870) 8360375.

Mary Ann Parrish Hard to believe it’s the middle of October and it’s warm like summer time. I am saddened how this Presidential election is going. It is so important that we as Christians pray for our leaders of our nation and for us to be strong and never waver from our faith for I fear that our way of life and the way we worship as we know it is in serious jeopardy. I’ve decorated some for fall but looking forward to November to start decorating for Christmas. I love the bright lights and all the colors of Christmas time. If I was rich I would decorate like the Osborns use to do in Little Rock. On October 31st Oak Grove MBC will have their Fall Festival in their fellowship hall from 6 to 8. There will be games, cake walks, food and lots of fun for the kids. Center MBC will have Trunk or Treat on the 31st in their park-

ing lot from 6 to 8. I don’t know when Trick r Treating became so popular. I think the first time I took my kids was when they were like 4 n 5. Then we would go to my Aunts on 30th street in Pine Bluff and everyone would walk around the block feeling safe in the neighborhood. I don’t ever remember going as a child myself. I love seeing the kids dressed up in their costumes. Even lots of adults dress up also. I think it is awesome things that churches do this on the night that is the Trick or Treat time for the kids and it’s sad that now we have to be so careful of what treats our kids get. Psalms 118:1 “O give thanks unto the Lord; for he is good because his mercy endureth for ever.” God Bless America and God Bless you all.

It Pays To Advertise in The Herald!


• Cleveland County Herald, October 19, 2016 - page 5A •

Obituaries

Ricky Sanders FUTURE MISS RISON IN THE FALL - The top finishers in the Future Miss Pageant for 3 year olds at Rison in the Fall were Carlie Willis, winner; and Emma Lyn Rester, first runner-up. Emma Lynn Rester won Most Photogenic, Prettiest Hair and Best Fashion. Carlie Ellis won Most Beautiful, Prettiest Smile and Prettiest Eyes.

LITTLE MISS RISON IN THE FALL - The top finishers in the Little Miss Pageant for 4 to 6 year olds at Rison in the Fall were Ana Claire Taylor, winner; Isabella Bradford, first runner-up; and Lillian Snow, second runner-up. Lillian Snow won Most Photogenic, Ana Claire Taylor won Most Beautiful, Ashley Quillen won Prettiest Hair, Lillian Snow won Prettiest Smile, Asheyl Quillen won Prettiest Eyes and Kairi Proffitt won Best Fashion.

PETITE MISS RISON IN THE FALL - The top finishers in the Petite Miss Pageant for 7 to 9 year olds at Rison in the Fall were Morgan Carson, winner; Saydee Hall, first runner-up; and Gracen White, second runner-up. Sydney Ballard won Most Photogenic, Sadee Hall won Most Beautiful, Jasmine Slaughter won Prettiest Hair, Gracen White won Prettiest Smile, Morgan Carson won Prettiest Eyes, and Haven Simpson won Best Fashion.

Sunday School 10:00 AM Morning Worship 11:00 AM Open Hearts • Open Minds • Open Doors

800 S. Main • Rison, AR 71665 (870) 325-6568 • Pastor Ike Mohr

A Matter About Abortion

Abortion kills a living human being. “And it came to pass, when Elisabeth heard the salutation of Mary, the babe leaped in her womb; and Elisabeth was filled with the Holy Spirit” (Lk 1.41). “Before I formed thee in the belly I knew thee, and before thou camest forth out of the womb I sanctified thee; I have appointed thee a prophet unto the nations” (Jer 1.5). One of the seven things that the Lord hates is “hands that shed innocent blood” (Pr 6.16,17). “Cursed be he that taketh a bribe to slay an innocent person” (Deut 27.25). Jesus was not anti-women, but he was pro children. He loved them. He held them and held them up as examples of how all should become like unto them (Mt 18.3). Lanis Lindsey, minister Rison Church of Christ

God’s Plan For Saving Man – God’s grace (Ephesians. 2.8), Christ blood (Romans 5.9), The Spirit’s gospel (Romans 1.16), Sinner’s faith (John 8.24), Sinner’s repentance (Luke 13.3), Sinner’s confession (Romans 10.10), Sinner’s baptism (1 Peter 3.21), Christian’s work (James 2.24), Christian’s hope (Romans 8.24), and Christian’s Endurance (Revelation 2.10)

Joel Miller

Joel Miller, 50, of New Edinburg, died Friday, October 14, 2016. He was born April 9, 1966, in Warren, the son of Herman Miller and Laverne Chambers Miller Thompson. Joel was reared and received his early education in New Edinburg, graduating from New Edinburg High School. He worked at Picture Frame in Fordyce for 20 years and recently, for the past four years, was a heavy equipment operator for the Cleveland County Road Department. Joel was a quiet family man who loved nature, horse racing and cooking. He also enjoyed watching basketball and football. His favorite football team was the Philadelphia Eagles, which made interesting Sunday afternoons in a household of Cowboys fans. He was preceded in death by his father; a stepdaughter, Kourtnie Chastain; and brotherin-law, Tim Shaw. Survivors include his wife, Tish Andrews Miller, whom he married April 10, 2015, in Rison; his mother and stepfather, Buddy and Laverne Thompson of Warren; a son, Jordan Miller of New Edinburg; stepsons, Joey Chastain (Morgan) of Glendale and Bryan Chastain of New Edinburg; two sisters, Connie Shaw of New Edinburg and Annette Luff (James) of Ivan; a brother, Paul Miller of New Edinburg; father-in-law and mother-in-law, Bugs and Marcia Andrews of Rison; two grandsons, Braylen Miller and Beau Chastain; and several aunts, uncles, nieces and nephews. A memorial service will be 2 p.m., Thursday, October 20, 2016, in the Chapel of Ralph Robinson & Son in Pine Bluff with Bro. Ricky Rauls officiating. A memorial gathering will be Wednesday evening from 5 to 7 p.m. at the New Edinburg Community Center, 6490 Highway 8 in New Edinburg. In lieu of flowers, memorials may be made to First Freewill Baptist Church, 1007 E. Church Street, Warren, AR 71671 To sign an online register go to www.ralphrobinsonandson.com ****

Shirley Allison

Shirley Reid Allison, 81, of Rison, went to be with the Lord on Saturday, October 15, 2016 at Baptist Health Medical Center in Little Rock. Born November 4, 1934, in Rison, she was the daughter of the late Lowery and Leona Reid. She was a Head Start teacher and migrant coordinator for the Rison Schools. Mrs. Allison was a member of Rison Baptist Church. She was preceded in death by her husband, C.B. “Buddy” Allison; a son, Jeffrey Baker Allison; a brother James Lowery Reid; and a sister, Mary Virginia Hughes. Survivors include one son, Jason (Brooke) Allison of Rison, and three grandchildren, Jacob Allison of Port Charlotte, Florida, and Reid and Rhett Baker Allison, both of Rison. Graveside services were Monday, October 17, 2016, at Greenwood Cemetery in Rison with Bro. Danny Allen officiating. Pallbearers were Lamar Jennings, Paul McKnight, Bill McKnight, Jim Ed Attwood, Terry Sipes, Scott Sowrheaver and Roger Hyatt. Funeral arrangements were under the direction of Buie Funeral Home of Rison. Memorials may be made to Rison Baptist Church, Jesus First Building Fund, P.O. Box 404, Rison, AR 71665. To sign an online guestbook go to www.buiefuneralhome.com ****

Ricky Dewayne Sanders, 60, of New Edinburg, died Sunday, October 16, 2016, at Baptist Medical Center in Little Rock. Born January 9, 1956, at Warren, he was a retired I.T. manager for Potlatch Corporation and Anthony Timberlands. Ricky was a member and deacon of Macedonia Freewill Baptist Church where he had served as a Sunday School teacher since the mid 1970’s and music director for many years. He was also a volunteer fire man. Preceding him in death was his father Curtis Elon Sanders. Survivors include his wife Wanda Wagnon Sanders, whom he married May 25, 1979; two sons, Chad Sanders and spouse Laura of New Edinburg, and Justin Sanders and spouse Paige of Sheridan; his mother, Nell Sanders Reaves of Warren; one brother, Jimmy Sanders and spouse Ruby of Hermitage; two grandchildren, Chloe Sanders and Callie Sanders, both of New Edinburg; and numerous nieces and nephews. Funeral service were Wednesday morning, October 19, 2016, at Frazer’s Chapel in Warren with Rev. Anthony Williams and Rev. Steve Schmidt officiating. Linda Barrett was organist. Bob Haygood, Gary Haygood, Tim West, Jerry West and Jimmy Pennington sang. Burial was in Reaves Cemetery near New Edinburg by Frazer’s Funeral Home of Warren. Active pallbearers were Wade Wagnon, Russell Sanders, Kelley Goudelock, Randy Sanders, Ray Sanders and Daniel Thompson. Honorary pallbearers were Macedonia Freewill Baptist Church Deacon Board and members of County Line Fire Department. To sign an online register go to www.frazerfuneralhome.com ****

Bennett Durham

Bennett J. Durham, 44, of Rison, died Wednesday, October 12, 2016 at Jefferson Regional Medical Center in Pine Bluff. Born January 3, 1972, in Dermott, he is the son of the late Benny Harold Durham and the late Patsy Ruth (Pierce) Durham. He was a construction worker and a member of Center Baptist Church at Rowell. He was preceded in death by both his parents; a son, Darren Snow; and one brother, Patrick Durham. Survivors include his wife, Mary Elizabeth (Waltman) Durham of Rison; three daughters, Brittany Snow of Star City, Jessica Durham of Woodlawn and Baleigh Durham of Woodlawn; a brother, Johnny Durham of Monticello; two sisters, Yogi Denton (Marty) of McGehee, and Kathy Cain (Bobby) of Monticello; five grandchildren and a host of nieces, nephews and friends. Funeral services were held Saturday, October 15, 2016, at Bishop-King Funeral Home Chapel in Lake Village with Bro. Zan Pierce officiating.Burial was in Montrose City Cemetery. Arrangements were by Bishop-King Funeral Home of Lake Village. ****

Maudie Bradis

Maudie R. Bradis, 86, of Sheridan, went to be with the Lord on Saturday, October 15, 2016, at Baptist Health Medical Center in Little Rock. Born October 22, 1929, in Lonoke, she was the daughtre of the late John L. and Mable E. Linam Robinson. She was a member of Rison Baptist Church. In addition to her parents, Mrs. Bradis was preceded in death by one son, Luther Wayne Kilmer. Survivors include her four daughters, Eloise Puckett of Rison, Diane (Fred) Beavers of Lonoke, Roxie (Matt) Veal of Fayetteville, and Debbie Petty of Lonoke; 10 grandchildren, nine great-grandchildren and two great-great grandchildren. Funeral services were Wednesday morning, October 19, 2016, at Buie Funeral Home Chapel in Rison with Bro. Wade Totty and Bro. John Fulmer officiating. Graveside services were at Pine Crest Cemetery in Alexander. Funeral arrangements are under the direction of Buie Funeral Home of Rison. To sign an online guestbook go to www.buiefuneralhome.com ****

Sue Noble

Sue Noble, 74, of Calmer, died Monday, October 10, 2016, at her home. Born May 24, 1942, in New Edinburg, she was a daughter of the late Hardin Phillips and Eunice Briant Phillips. She was a retired employee with Primrose Place Nursing Home as a medical records clerk and a Baptist. In addition to her parents, she was also preceded in death by three brothers, Wayne Phillips, Kirby Phillips and Paschal Phillips; and a sister, Donnia Jungles. Survivors include her spouse, Kenneth Noble, whom she married October 21, 1960, in New Edinburg; a daughter, Lisa West and spouse, James, of Urbana, Missouri; three brothers, Gene Phillips, Marvin Phillips and Hurley Phillips, all of Camden; four sisters, Syble Antley of Calhoun, Louisiana, Sherry Dumas of Crossett, Linda Jones and Deborah Robbins, both of Monticello; and two grandchildren, Josh Edgington and Rolanda Edgington. Funeral services were Thursday, October 13, 2016, at Frazer’s Chapel in Warren with Rev. Darrell Sellers officiating and Linda Barrett as the organist. Burial was in Shady Grove Cemetery at New Edinburg by Frazer’s Funeral Home of Warren. Active pallbearers were Dedon Burt, Josh Edgington, Jerry Hernandez, Roger Lunsford, Merl Richards and Randy Richards. To sign an online register go to www.frazerfuneralhome.com ****

Eva Ashcraft

Eva Sue Ashcraft, 86, of Lonoke, went to meet her God and Savior after a long illness on October 16, 2016. She was born July 15, 1930 in Rison to Calvin and Etta Reed Stover. She was preceded in death by her parents; husband, Charles Ashcraft; daughter, Deborah Ashcraft; five brothers: Elbert, C.J, Rupert, Claude and Dunk. She was a retired second grade school teacher at Tolleson Elementary in Jacksonville, a longterm member at Sylvan Hill First Baptist Church, a member of the order of the Eastern Star, and an avid student of the Holy Bible. She is survived by her sons: E. W. Ashcraft of Lonoke, Chester Ashcraft of Monticello; one brother, Bobby J. Stover of Sherwood; one sister, Sarah Sowrheaver of Woodlawn; five grandchildren; one great-grandchild; a host of nieces and nephews. Funeral Service will be 11 a.m. Thursday, October 20, 2016 at Roller-Owens Funeral Home, 5509 John F. Kennedy Blvd, North Little Rock, AR, 72116 (501-791-7400). Burial will be at Rowell Cemetery in Rowell, AR at 2 p.m. Visitation will be from 7 to 9 p.m. Wednesday night at RollerOwens Funeral Home. Online Guestbook: www.rollerfuneralhomes.com/owens ****

Cleveland County Herald Your County Newspaper Since 1888

Grief Support Groups

1st Tuesday: Grief Support (For any loss of a loved one)

2nd Tuesday: Survivors of Suicide Loss (You have lost a loved one to suicide)

3rd Tuesday: Grief Support for Parents (Who have lost Children) 6-8pm Second Baptist Youth Building Second Baptist Church: (870)367-2459 Cherry Cotham (870)367-3337


• Cleveland County Herald, October 19, 2016 - page 6A •

Other Days (The following items were compiled by Stan Sadler from files of past issues of the Cleveland County Herald. For questions or comments, contact Stan Sadler, P.O. Box 325, Rison, AR 71665, phone (870) 830-2056 or 870325-6412; or email at sadler. stan@yahoo.com) 10 YEARS AGO SEPTEMBER 6, 2006 The annual Cleveland County Fair will open Thursday and continue through Saturday at the fairgrounds in Rison. A Mud Bog, Tractor Show and Hunting Simulator are among new attractions at this year’s fair. The Cleveland County Quorum Court’s Ambulance Committee is proposing a plan that will give the Cleveland County Ambulance Service a 60-day trial period to see if some proposed pay changes will reduce comp time that has been accumulated within the department. The proposal under consideration is to increase the number of work days for full-time paramedics and EMTs from the current two days to three days per week, and to increase the part-time pay for the paramedics and EMTs. The Rison Wildcats’ 44-game regular season winning streak came to an end last Friday night when the Fordyce Redbugs took advantage of five turnovers to post a 39-6 victory in the seasonopening football battle between the long-time rivals at Rison. The Redbugs’ victory also snapped a five-game winning streak by the Wildcats in the series. The Woodlawn Bears opened their season with a 27-7 road win over the Hampton Bulldogs. 20 YEARS AGO JULY 31, 1996 The future of the Kingsland School District could possibly rest in the hands of the voters at the annual school election in September. The first of two public meetings will be held Thursday to inform patrons about a proposed millage increase. There are still no contested races for school board positions in the three districts in the county. The deadline for candidates to file is Friday. About 60 unconfirmed locations of Southern Pine Beetle activity in Cleveland County were reported following a fly-over of the area last week. Jason Brown, an All-State two-

For many years there was an annual event to which the people of Rison looked forward to with pleasure. It was the Cleveland County Teachers’ Institute. For an entire week the town would be filled with school teachers from all parts of the county. Many of them stayed in homes of friends, some at the hotels, and others in homes which kept boarders. It was really a full, busy week and the entire town was made aware that the Institute was in session. Before my day the teachers were given the opportunity of attending a training school which lasted for a month or more. These were called “summer normals” and were in a time when very few of the teachers had had college advantages. Good school men with college training came and lectured to them on the “Elements of Pedagogy,” “Theory and Practice” and related subjects. This was to better prepare them for their duties in the one-room school which was so prevalent in that day. The Institute was a shortened version of the “Normal.” It was under the direction of the county examiner, who was appointed by the county judge. For a teacher to obtain a license to teach, he or she had to take an examination conducted by the county examiner, who used questions prepared by the state Department of Education. He graded the papers and issued the licenses. A first grade license was good for two years; a second grade license for one year; and a third grade license was good for six months. I think I am correct in that only the first grade certificate was subject to renewal without further examination. The Institute was really a short refresher for the teachers in the county. One or more leading

way lineman for the state champion Rison Wildcats last season, will be on the East squad for the 41st annual Arkansas High School All-Star football game Friday night at Conway. 30 YEARS AGO JULY 23, 1986 Highway 35 from Rison to the Grant County line is being widened and is receiving a hot mix overlay along with new gravel shoulders. The cost of the project is $499,492.00. Two alternates approved by the Rison School Board will make it possible for the architect and contractor to proceed with construction plans for the new elementary school building. The low base bid for construction of the new building was by Murson Constructors, Inc., of North Little Rock for $837,900. Tom W. Dillard of Little Rock, president of the Arkansas Sesquicentennial Commission, will be the featured speaker here next week in the final of a series of Sesquicentennial programs conducted by the Cleveland County Library. The Bank of Rison, located at the southeast corner of Second and Main, completed a remodeling project and officials of the bank announced the opening of a new Community Room at the bank for public meetings. 40 YEARS AGO JULY 21, 1976 Tax assessments on property in Cleveland County reached $8.4 million. Michael Wayne McFalls, 24, of Star City, drowned Sunday afternoon in Lake Dunkeffie at Kedron. At a meeting of the county Democrat Central Committee, Bobby Dixon of Whiteville township was selected to serve as the Democrat party nominee for Justice of the Peace from District 5 on the Quorum Court in the November general election. Dixon was named to fill the slot on the ballot due to the recent death of Don Coats, who had won the nomination during the party primary election in May. Dixon was the only other candidate in the party primary from District 5 and was defeated by Coats in the election. An additional grant could solve funding problems for the Cleveland County Rural Water Users

educators were brought in to lecture on various phases of the teachers’ work during the week they were in session. Specialists from the state Department of Education were usually on the program. The evenings were given over to addresses from well-known leaders in the field of education, and many of the town’s people were in attendance. One of the evenings was usually a social affair, with a short program at which refreshments were served. The county examiners I remember were B.Y. Searcy, John L. Harlow, S.P. O’Neill, Rev. Mr. Snipes and Thomas H. Berry. In 1919 the state legislature enacted a statute setting up a county Board of Education and created the position of a fulltime county superintendent of schools. The board was elected at the school elections of 1920 and R.C. Carmical was chosen to fill the position of county superintendent of schools. This replaced the county examiner, who through the years had been serving on a part-time basis. Mr. Carmical was a pioneer in this field, as it was his duty to set up the new program. He served in this capacity until the legislature of 1933 abolished the office and created that of county supervisor, which was at first only a part-time job. Later it was made a full-time job, and subsequently was optional at the judgment of the county board. Included among those serving as school supervisor were Max M. Smith, Bennie Ryburn, W.E. Baker and J.H. Shaw. I do not know just when the Teachers’ Institute was discontinued. Changes are inevitable, but the Teachers’ Institute left footprints on the sands of time.

Association. With low bids over the project money, additional funds will allow the association to go ahead with the complete proposed system. Combined deposits in the two banks in Cleveland County - The Bank of Rison and the Bank of New Edinburg - continue an upward trend. The Kingsland Jaycees began work on a project of converting several grown up lots in the downtown area into a park. 50 YEARS AGO JULY 20, 1966 County voters will mark ballots in Democrat and Republican primary races next Tuesday. There are seven candidates in the race for governor and eight for lieutenant governor on the Democrat ticket. There will be county races for sheriff and tax collector and for treasurer. Candidates for county sheriff and tax collector are J.L. Fleeman and Howard Smith, and seeking the office of county treasurer are Lonnie Harris and J.W. Rodgers. As has been the custom at every primary election since 1924, the Herald will stage its election party Tuesday night, when returns will be posted on a large lighted board in front of the newspaper’s office on Main Street. The Rison City Council studies a need for a Housing Authority as a step toward possible construction of low-rent housing for senior citizens and low-income families in the town. A survey for water and sewer extensions in the City of Rison will be made. Tomato markets close good, with growers receiving from $3.50 to $4.30 for a 20-pound box. Advertisement - For Rent: 5room house in Rison, $55 per month. See Wheeler Davis at Herbine. 60 YEARS AGO JULY 25, 1956 A paving job, estimated to cost $210,000 for Highway 35 in the county south of Rison, is placed on the program action by the state Highway Commission. John R. McLendon, 37, formerly of Rison, and son, David, 7, of El Paso, Texas, and three relatives were killed in a traffic accident in the Dallas, Texas, area about noon Tuesday. Mrs. McLendon is in critical condition at a Dallas hospital. They were enroute to Rison to visit relatives. It was reported that their vehicle was struck by a large truck. Only one county race, that for judge, is on the ballot for the primary election on Tuesday. Candidates for judge are Ila F. Hughes, the incumbent, Henry Young, W.A. “Hook” Rogers and John R. Norman. Large crowds have been hearing the candidates in their 13 speaking engagements around the county before the first primary. Mail service on Star Route No. 2, south of Rison, is extended to the South Concord community. This is the first time this section has had mail service, although repeated efforts had been made to secure the service. City Pharmacy on Main Street in Rison was air conditioned last week. 70 YEARS AGO JULY 31, 1946 Governor Ben Laney was given the Democrat nomination for a second term as governor over J.M. Malone and Virgil Greene. Laney was favored by Cleveland County voters. The Federal primary election will be held in the county next Tuesday, when electors of this 6th congressional district name a congressman. Chancellor Harry Wooldridge, in a decision given late last week, held that the New Edinburg School District was owner of two and a half acres of land, more specifically the site of the former Hollis Special school building. The Bureau of Research for the University of Arkansas congratulates Rison on its supply of soft water. The price for peas delivered at Rison increased by $15.00 to $90.00 a ton, according to an official with Ozark Packing Co. A constitution and by-laws for the Rison Cemetery Improvement Association were adopted at a meeting of cemetery lot owners. A membership fee of $1.00 a year was voted. Mrs. Isaac Hartley resigned as county health nurse effective Au-

GLIMPSES FROM THE PAST - Requests have been made recently to have a photo published showing the large white frame structure (at right) that once stood on Rison’s Main Street. Its location was on the east side of the second block of Main Street, and which before it was razed many years ago, served as an apartment house. The area where the structure stood is now the location for the town’s pocket park and Farmers’ Market, and a brick building to house government agencies (now Patti’s Kitchen) was erected at the site to the south in 1966. For comments or questions, contact Stan Sadler at sadler.stan@yahoo.com; 870-830-2056. gust 1. The Cross Roads church building has recently been torn down and a new building is being erected. Over 50 percent of the funds needed to erect a building here for use as a canning plant had been pledged up to early last night, following a meeting of the Rison Business Men’s Club. The Ozark Packing Co. will install a modern canning plant here if local interests will provide a building for the plant. A building costing approximately $8,000 will be needed to house the plant. Advertisement - Monty Hale in “Home On the Range,” the first western to be made in Technicolor, will show at the Rison Theater Friday and Saturday. Advertisement - At Reid & Gray Cash Store, Rison: Steak (round, loin, T-bone), pound, 45 cents; new sweet potatoes, pound, 10 cents; creamery butter, pound, 79 cents; George Washington pipe tobacco, 2 packages, 15 cents. 80 YEARS AGO JULY 29, 1936 Raymond Brown, 14, of Kingsland, drowned in Saline River at Pool late Sunday evening. A total of 1,426 work sheets have been filed with County Agent R.H. Click by farmers of this county who plan to participate in the 1936 soil conservation program which replaced the A.A.A. (Agricultural Adjustment Administration). The work sheets filed represent 182,604 acres of farm land, with 76,622 acres of cultivated land. Candidates for county offices opened their 16-speech “round” of the county in Hudgin township Monday morning. Seventy-five Home Demonstration Club members of the county attended a two-day rest camp in Rison. Twenty-three members spent the night at the camp. Plan to start soon on drilling a second oil test well near New Edinburg. A derrick is also up for a third test well. There is considerable interest shown in making a thorough test for oil in that area of Cleveland County. A contract has been let by the state Highway Commission for the building of a railway underpass in Fordyce. The structure will eliminate two railroad crossings in that city - the New Edinburg road and the Kingsland road. Men’s prayer services were held in downtown stores of Rison during the last week of a two-week revival at the Baptist church. Chickens over 3 months old on farms in Cleveland County totaled 64,291 on January 1, 1935, according to a special report released to the Herald by the Bureau of Census of the Department of Commerce. Chickens were reported on 2,086 farms, or 91.1 percent of all the farms in the county. A banded robin killed several weeks ago near Rison was banded July 30, 1933, in Manitoba, a province in western Canada. This information was received here recently from the Bureau of Biological Survey of the Department of Agriculture after the department had been sent the band as requested.

Advertisement - At May’s Cash Store, Rison: Men’s trousers, 98 cents; Shirley Temple straw hats, 39 cents each. 90 YEARS AGO AUGUST 5, 1926 School children in Cleveland County total 4,711. The enumeration of children between the ages of 6 and 21 in the county show 1,789 white boys, 1,575 white girls, 710 colored boys and 637 colored girls. The primary election is next Tuesday. Hundreds of people from all parts of Cleveland County are expected in Rison this Saturday when the 22 county candidates will speak and bring to a close a joint campaign that carried them to every township. One of the chief features on Saturday’s program will be a debate between Judge Turner Butler and George F. Brown, candidates for circuit judge. The Herald will post returns on a large blackboard in front of their office on Main Street Tuesday night. Voters are reminded that they must exhibit a poll tax receipt to election judges, and judges must mark the receipt so that it cannot be used as authority to vote more than once in the primary, referencing Amendment No. 14,

which became effective for the first time this year. Elijah Darrough, a negro, died Sunday from a gunshot wound received Saturday night in a row at a negro school house near Calmer, where an all-day picnic and barbecue had been held. Clem Walls, another negro, is being held in connection with the shooting to await action of the grand jury in September. The appearance of a dog - supposed to be afflicted with rabies - on the streets of Rison Sunday has caused Mayor Garner to issue a warning to dog owners in the town. Under the order all dogs found running at large and unmuzzled on and after August 7 will be shot. R.M. Doster, born in South Carolina in 1859, a prominent lumberman at Kingsland, dies. He had made Kingsland his home for the past 35 years.

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• Cleveland County Herald, October 19, 2016 - page 7A •

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Employment ApplIcAtIons BeIng Accepted Cleveland County School District/Cleveland County Head Start is accepting applications for part time Custodian at the Rison Head Start Center. Applicants must possess at least a High School Diploma and be at least 18 years old. Applications will be accepted at the Rison Head Start 700 Main St. Rison, AR until Position is filled. For more information, contact Pamela Draper, Head Start Director at email pamela.draper@clevelandcountyschooldistrict.org. Applications can be download at ccsdheadstart.org. Equal Opportunity Employer

Accepting Bids CLEVELAND COUNTY ROAD GRADER BID Cleveland County will be accepting sealed bids for a new road grader. The terms will be a lease purchase agreement for thirty six (36) months with the option of turning the machine in at that time or renewing the lease. Specification sheets will be available at the Cleveland County Judges Office for any interested bidders. Bids will be accepted from Wednesday, October 19th thru November 2nd at 10:00 am. They may be hand delivered to the Cleveland County Judges Office - 20 Magnolia Street - Rison, AR or mailed to the Cleveland County Judges Office - P. O. Box 348 - Rison, AR 71665. Cleveland County reserves the right to reject or accept any or all bids for just cause.

Classified Ads

Classified ads must be turned in by Noon Tuesday for publication in the following Wednesday’s paper. Herald subscribers receive personal, noncommercial classified ads at NO CHARGE. The cost for non-subscribers and commercial advertisers is 15 cents per word with a minimum charge of $2 per classified per week. To place a classified, call (870) 325-6412. Help Wanted NEED DEER CAMP COOK - Two meals a day, call for more information, (870) 818-4739. (*44) Housekeeping WORK WANTED - Will clean your home. Reasonable, dependable and trustworthy. Have references. Call Donna Rauls for more info. 870-6925916. (*45) Lost MISSING PETS - 100 block of First Street in Rison: black/white female dog, medium build with orange collar; tan/white younger female dog; white/ brown younger male dog. (870) 3706104. (*45) LOST - Yellow gold wedding band. Contact Rufus Buie. 870-3256816. (*43) Wanted LOOKING FOR 5 FT CULTIVATOR to go behind tractor. Call 870692-7886. (*33) 1 AMERICANA ROOSTER from 3 mo. to 1 year old. Call 870-357-8159. (*27) Firewood FREE FIREWOOD at McFarland Cascade, 6040 highway 79 north, Rison. 879-461-1014. (*37) Lawn/Farm Equip./Livestock FOR SALE: Massy Ferguson 65 tractor with 6ft. Bush Hog and Finishing Mower. 870-352-3919 or 870352-4063 (*27) HAY EQUIPMENT FOR SALE M&W round baler, Gribaldi 8-ft disc mower, 120 MF square baler, 4100 MF 4-wheel rake, Haymaster tedder, spray rig, 2510 Long tractor with loader; call (870) 325-7578 or (870) 461-0726. (*45) Real Estate LAND FOR SALE: 10 acres in Woodlawn School District on Deer Run Rd. Includes all hookups, timber and a pond. Call 870-489-1805. (*452p) DUPLEX FOR RENT IN RISON: 2BR, 1BA. 1 block from one school. $550/month. Call 870-550-5600. (*37) LOT FOR SALE IN DOWNTOWN RISON - On 3rd and Pine, across from Rison Pharmacy. Call 870-6921237. (*42) HOUSE FOR RENT - 3BR, 1BA at Rye. Call 870-510-5053. (*42) LAND FOR SALE: 6.5 acres in Woodlawn School District, for site built homes, paved road, electricity, water, near Country Store. $32,500.

  

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Call 870-692-1152. (*39) FOR RENT: Three bedroom/two bath double wide mobile home, Rison, 250.00 Deposit, 500.00 per month Home- 870-325-7376, Office870-325-6245, Cell- 870-540-9403 (*40) NEW LISTING: House For Sale in Woodlawn School District. Built in 2009; 2,759 sqft on 3.75 acres. House has 3 bedrooms, 2.5 baths with bonus room above a 2 car garage. Shown by appointment only. Call 870-329-1579. (*36) FOR SALE: 20 acers undeveloped land w/ timber. 1040 Gun Club Road. $60K Call 870-5406931 (*18) FOR RENT: 2 BR/1-1/2 BA mobile home. 790 Evans Road in Rison. Refrigerator and cook stove. 870-8792945 or 870-550-3052. (*17) NEWLY RENOVATED 3 BEDROOM BRICK HOME IN RISON SCHOOL DISTRICT. All appliances and some furnishings convey. 10 acres M/L. Price negotiable. (870) 370-1392 Serious inquiries only. (*10) FOR SALE: 5 acres, 10 acres and 15 acres - in and around Rison. Owner financing! (870) 723-4425. (*8) Vehicles, Boats & More 1998 HONDA 4-WHEELER - very good condition, (870) 5101713. (*45) 1991 DODGE VAN - 15-passenger van, $1,250; (870) 325-7484 or (870) 339-7876. (*44) SUzUKI 09 400 4X4. Camo. 26 inch mud lite tires. Aluminum wheels. Winch, low miles.like new.call 870 357 2587. $4000.00.firm. (*44) BRAND NEW SPARE TIRE & JACK. Purchased for a 2015 Jeep Cherokee that did not come with a spare. Never been used, may fit other vehicles. Paid $300, asking $150. Call 870-357-2352 or 870-489-5550. (*41d) FOR SALE - 2014 KAWASAKI NINJA 300cc; $4,000 or pay-of, whichever is less! Call 501-551-7944 (*23) FOR SALE - 1990 MAzDA MIATI CONVERTIBLE red with black top, excellent condition, adult driven. (870) 325-6989 or (870) 543-9590. (*20) Misc. Items FOR SALE: 24 Inch Girlâ&#x20AC;&#x2122;s bicycle, only ridden several times. Queen Ann sofa in excellent condition. Call Donald Almond at 325-6631 for more information. (*45) ANTIQUE CAST IRON BATH TUB. Good condition. $100. Call 870325-7142. (*41) HAND FORGED TRIANGLE DINNER BELLS FOR SALE. Other ironwork available. All locally produced at Rison. 501-658-5212. (*43-e16) FOR SALE - PRIDE EXTRA LARGE LIFT CHAIR, brown, askking $350. (870) 820-4937 (*36) 12 ft church pew for sale with cushion! $20. Call 870-718-7631. (*38) FOR SALE: 8X8X16 INCH CEMENT BLOCKS. $1.00 each. Home 870-325-7376 Cell 870-540-9403 Office 870-325-6245. (*37) FOR SALE - French doors, screen doors, two side panbels and facings; $150 OBO. (501) 952-1886 (*28) FOR SALE - 4-wheel walker with seat, hand brakes. $25. Call 870550-7227. (*31) FOR SALE - SECOND HAND RECLINING ROCKER. Green fabric. $35. Call 870-718-9482. (*34) DOORS FOR SALE, $5 and up. 20 cans of deck stain/varnish. Call 3256007. (*29p) 5000 WATT GENERATOR in great shape. $375. 3260 WATT GENERATOR. $190. Located at 5107 Hwy 79 South. Call 870-692-8215. (*7) FOR SALE: 5/8-inch, 100 ft. steel cable. New condition. $60. Call 870692-0802. (*24) FOR SALE: 24 ft. extension ladder. New condition. Call 870-6920802. (*24) HOSPITAL BED FOR SALE - Mattress included, like new. $450. Call 325-6978. (*22) QUEEN SIzE BEDDING SET with comforter, dust ruffle, pillow shams, three throw pillows and three sets of curtains. $75. Call 325-6978. (*22) FOR SALE - COUCH - Burgundy and tan stripe, very good condition, coffee table, oval shape, oak finish, like new. CONSOLE PIANO - excellent condition! Call 870-370-1403. (*22)

JERRY TULLOS TREE SERVICE Will do small or large jobs! Free estimates!

Over 30 years experience. Bonded for your protection.

870-820-5511 or 870-723-1606

Jerry & Robin Tullos, Owners

USED WASHERS, DRYERS, REFRIGERATORS, AND ELECTRIC STOVES starting at $150. Browns Storage. 2907 S Camden Rd, Pine Bluff. 870-879-1902. (*14b) METAL CULVERTS FOR SALE, up to 30â&#x20AC;&#x2122; long and up to 24â&#x20AC;? diameter; special orders within one week. Rawls Concrete 870-325-6664 (*25) AVON Sales FOR ALL YOUR AVON NEEDS and wants, call Ida Neal. 870-3572075. Avon is always having a sale! Books available at Country Store, Dixon Boots, Woodlawn Grocery. (*26) Services MONOGRAMMING & EMBORIDERY AVAILABLE by calling 870-

370-2012. (*31) LEAKY FAUCETS? Weak floors, stuck doors? Call Keith Cochran, handy man. 870-357-2446. (*36) CHAINSAW SHARPENING 501658-5212 (*23) MERRITT CUSTOM HOMES LLC - New Construction, Remodels, Room-Additions, Metal Roofs, Concrete, Replacement Windows, Tile and Hardwood Flooring. Licensed and Insured. Call Jamie (870) 8183942. (*8-e16) LAWN SERVICE IN RISON AND WOODLAWN AREA: Mowing, trimming, fertilizing and more! We also clean up leaves! (870) 515-3194. (*p)

MIKE NICHOLS AUCTIONS FALL OPEN CONSIGNMENT AUCTION 303 EAST ELM ST â&#x20AC;˘ WARREN, AR 71671

SATURDAY OCTOBER 29TH VIEWING 8:00AM â&#x20AC;˘ START 9:00AM

WE ARE CURRENTLY TAKING IN CONSIGNMENTS NOW! WE WILL TAKE ANYTHING FROM FARMING & LOGGING EQUIPMENT TO ANTIQUES & COLLECTIABLES! GIVE US A CALL ANYTIME 501-590-9755 & WE WILL ALSO BE ON SITE ALL DAY TO TAKE ITEMS IN ON THURSDAY OCT. 27TH & FRIDAY OCT. 28TH! PARTIAL LISTING AS OF PRINT DATE: (MUCH MORE TO COME) â&#x20AC;˘ MOTORCYCLES, 4 WHEELERS, TRAILERS, VEHICLES, SEVERAL GUNS INCLUDING WINCHESTER MODEL 94 22 MAG, RUGAR 44 MAG CARBINE, & MANY MORE, PRIMITIVES, TOOLS, SEVERAL STHIL CHAIN SAWS, CASE KNIVES, IMPLEMENTS, FURNIATURE, GLASSWARE, ANTIQUES, COLLECTIBLES, SILVER COINS, SILVER DOLLARS, & LOTS MORE! VISIT MIKENICHOLSAUCTIONS.COM FOR MORE PICTURES & DETAILS THERE IS A 10% BUYERâ&#x20AC;&#x2122;S PREMIUM PLUS TAX. ALL ANOUNCEMENTS MADE DAY OF SALE TAKE PRECEDENCE OVER PRINTED MATERIAL.

MIKE NICHOLS â&#x20AC;˘ 501-590-9755 â&#x20AC;˘ AALB2172

3801 Camden Rd. Suite 7 â&#x20AC;˘ Pine Bluff, AR 71603 Greg Jaggers, Owner/Broker Lynda Jaggers, Realtor

(870) 879-6700 â&#x20AC;˘ (870) 313-1428 â&#x20AC;˘ (870) 313-1332

www.jaggerssellsproperty.com

NEW FEATURED LISTINGS â&#x20AC;˘ NEW! 1280 Mt. Elba East Rd. 3/2, $142,000 Brand New Home! â&#x20AC;˘ NEW! 7290 Hwy 133 Rison 4/3, $172,000 â&#x20AC;˘ 505 Oak Street, Rison, 3/1, inground pool, $58,000.00 â&#x20AC;˘ 2700 Hwy 63, Woodlawn, 2/1 $50,000.00 â&#x20AC;˘ 320 Hwy 79 Rison 4/2 2268 Sf. 8.5 acres $45,000 â&#x20AC;˘ UNDER CONTRACT! 3510 Hwy 63, Woodlawn - 3/2 home with 1921sf on 1.5acres $79,900.00 â&#x20AC;˘ UNDER CONTRACT! 1010 Jones Ln, Rison - 6/3 home with 3907sf on 1.5 ac $248,000.00 â&#x20AC;˘ UNDER CONTRACT! Jones Ln, Rison - Depopulated Poultry Farm w/ 6 broiler houses, 2 litter houses, shop and machine shed on 16.64acres $263,000.00 â&#x20AC;˘ 1190 Jones Ln, Rison - 4/2.5 home, 2,954sf, 16 acres, storage shed & shop. $169,900.00 â&#x20AC;˘ COMMERCIAL PROPERTY: 1000 N Red Street, Sheridan, AR - 20 Apartment Complex

CLEVELAND COUNTY TELEPHONE COMPANY

FOR YOUR CONVENIENCE APPLY FOR YOUR PHONE & INTERNET SERVICE AT OUR RISON OFFICE Monday - Wednesday 8:30 a.m. to 2 p.m. 206 Pine Street â&#x20AC;˘ Rison FOR MORE INFORMATION

CALL 325-6244

Please note, we are not currently taking payments at the office, nor are we accepting employment applications.

Big City Service with Small Town Attention Serving all of Arkansas

Law Office of

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(870) 250-9444 Free initial consultation â&#x20AC;˘ phones answered 24/7

204 Main Street â&#x20AC;˘ Rison, AR


• Cleveland County Herald, October 19, 2016 - page 8A •

Rison Ground Attack Chews Up Trojans, 34-8

Wildcats Generate 395 Yards Rushing in Cruising Past Parkers Chapel

By Stan Sadler PARKERS CHAPEL - Receiving a focused effort on both sides of the ball, the Rison Wildcats literally rushed their way to a 34-8 victory over the Parkers Chapel Trojans in an 8-2A Conference clash at a damp Victor Nipper Stadium last Friday night. The decision kept Rison in the thick of the conference race and improved the Wildcats to 52 overall and 2-1 in the league, while the Trojans fell to 4-3 and 1-3. Rison now owns a 6-1 lead in the brief series with Parkers Chapel. All of the Wildcats’ 395 yards came on the ground, and led head coach Clay Totty to say, “It was the best our offensive line has played as a unit this season. They communicated. Those have been our best grades as a whole. We moved the ball all night.” Rison’s ground assault helped the ‘Cats have ball possession for over 33 minutes. While he acknowledged it would have been nice to get the shutout, Totty said, “It was good team defense. I thought our defensive line played well and dominated them. We had challenged our line, but as a whole, the number of tackles were spread out pretty good. They (Parkers Chapel) are scary with their big play ability and offensive weapons. If I knew going down there we would hold them to eight points, I would have been pleased right then.”

Facing fourth and goal at the 3, the Wildcats fed Henry, who kept plugging, and with no whistle from the officials, finally fell behind Trey Bowlin into paydirt and it was 34-0 with 3:16 remaining in the third period. The ‘Cats made it to the Parkers Chapel 24 (lost fumble), the 11 (downs), and the 17 (end of game) on their final three offensive series. Parkers Chapel avoided the shutout when quarterback Lane Harbour hooked up with Canon Morgan on a 33-yard TD pass at

Rison 34, Parkers Chapel 8

Score By Quarters 1 2 3 4 F Rison 8 20 6 0 34 Parkers Chapel 0 0 8 0 8 Game Statistics Rison PC First Downs 20 5 By Rushing 19 3 By Passing 0 2 By Penalty 1 0 Net Yds. Gain (Scrim.) 395 127 Total Off. Plays 64 36 Avg. Gain Per Play 6.1 3.5 Yds. Gained Rushing 403 80 Net Yds. Rushing 395 64 Rushing Attempts 64 20 Avg. Gain Per Run 6.1 3.2 Yds. Lost Rushing 8 16 Net Yds. Passing 0 63 Passes Attempted 0 16 Passes Completed 0 6 Passes Intercepted 0 1 Avg. Yds. Per Pass Att. 0 3.9 Fumbles/Lost 1-1 1-1 Penalties 4-25 5-30 Punts/Avg. Yds. 1-34.0 5-29.4 Punt Returns/Yds. 1-17 0-0 Kickoff Returns/Yds. 1-9 5-41 Possession Time 33:19 14:41

Chandler Knowles and Chris Pierce were listed high on the tackle chart for the ‘Cat defense, and for the third straight game, Knowles had a pass interception. The pass theft set up Rison’s fourth touchdown of the first half and followed the first take-away by the ‘Cat defense, when Jared Wilson covered a Trojan fumble to set up a TD. And when the Trojans attempted some deep passes, Roshawn Martin and Javion Brandon were on the spot to break up the aerials. In all the

NEAR SAFETY - Rison’s Chris Pierce (right) works to bring down Parkers Chapel quarterback Lane Harbour in the end zone during the Wildcats’ 34-8 victory Friday night at Parkers Chapel. (Photo by Chris Phillips) ‘Cat defense limited the Trojans to just 5 first downs. Although the Trojans’ senior speedster, Dezmon Jackson, stepped off an apparent 78-yard TD run early in the final period that was erased by penalty, the ‘Cats limited the high-touted running back to 68 yards on 11 carries. Last year at Rison, Jackson managed just 24 yards on 11 rushes. Meanwhile, except for a quick three-and-out on their first series, the Wildcats’ offense stayed busy the entire way while moving the chains 20 times. Malik Chavis, who gained 101 yards on 14 carries, scored Rison’s first 3 touchdowns on

8-2A Race Heating Up As Wildcats Host Hornets in League Showdown By Stan Sadler RISON - Things have been warming up in the 8-2A Conference, and this Friday night it will get hotter when a couple of crucial games will go a long way in determining the outcome of the 2016 league title chase. One of the battles this Friday is set for Wildcat Field in Rison, where the hometown team will host the Camden Harmony Grove Hornets. Kickoff time is scheduled for 7 o’clock. This will be the 32nd meeting between the ‘Cats and Hornets, dating back to 1970. After disposing of Parkers Chapel, 34-8, on the road last Friday to improve to 5-2 overall and 21 in the league standings, Rison head coach Clay Totty started reminding his charges that if they win out in their last three games against Harmony Grove, Hampton and Woodlawn, they will be assured of no less than a share of the conference crown. Harmony Grove is coming off a big 27-22 win over Bearden and the Hornets are 3-1 in the conference and 4-3 overall. “For sure there is a lot to play for,” Totty said Monday. “I hope we can carry the same focus we had for the game at Parkers Chapel into this week against them (Harmony Grove). I thought our focus down there (Parkers Cha-

NO ONE COVERS LOCAL SPORTS BETTER! Subscribe! (870) 325-6412

8-2A CONFERENCE STANDINGS Team Conf. Overall Hampton 4-0 7-0 Harmony Grove 3-1 4-3 Bearden 2-1 3-3 Rison 2-1 5-2 Parkers Chapel 1-3 4-3 Woodlawn 0-3 3-3 Strong 0-3 1-6 Last Week’s Scores Rison 34, Parkers Chapel 8 Hampton 36, Woodlawn 7 Harmony Grove 27, Bearden 22 Marked Tree 34, Strong 18* This Week’s 8-2A Games Harmony Grove @ Rison Strong @ Woodlawn Hampton @ Bearden Parkers Chapel - Open * Non-conference game

pel) was the best we’ve had this season. Being focused goes a long way toward how well you play. I know we will have to be ready this week, because we’re playing a very good team.” While Rison and Harmony Grove are tangling Friday night, down Highway 79 the undefeated Hampton Bulldogs will be paying a visit to Bearden. The Bears, with their lone league loss to Harmony Grove, will be at Woodlawn next week and then close the season at home, hosting Strong. Of course, Hampton hosts Rison next week to finish their 8-2A slate. After Rison this week, Harmony Grove is open in week 9 and then closes its schedule at Parkers Chapel. Except for a single touchdown scored in week 2 against undefeated Prescott, a 37-8 defeat to the Curley Wolves, ranked

the 2:48 mark of quarter three. Jackson raced in for a 2-point conversion and it was 34-8. The Trojans’ next closest penetration to the Rison goalline was the Wildcats’ 28 in the closing seconds of the first half. Rison had its first punt return of the season in the game, a 17yarder by Chavis in the opening quarter. In the rushing department for Rison, Brandon added 45 yards on 13 carries, while Mason Riggins, Jordan Brown and Pierce distributed 5 carries among them for 21 yards.

second in Class 3A, Harmony Grove has not scored less than 27 points in any other game this season. The Hornets, with another non-conference loss, 3527, to fifth ranked Glen Rose of Class 3A, has just a lone 8-2A defeat at the hands of Hampton, 36-27. In week 5 the Bulldogs had to rally to beat the Hornets. Coach Tony Chambers’ Harmony Grove squad returned numerous starters this season from a team that went 8-4 in Class 3A a year ago, losing by a touchdown at West Fork in the second round of the playoffs. At Rison last year, when it was a non-conference clash, the Wildcats held on to edge the Hornets, 29-20. Totty said he feels that Harmony Grove’s run game is better this season, and that the Hornets are very effective with both short passes, including bubbles, and deep throws. In last year’s game at Rison, the Hornets completed 16 passes for over 200 yards. That was the second most number of completions allowed by the ‘Cats during 2015, only behind Hector’s 22 catches in the playoffs. As has been the case most all this season, Totty’s biggest concern is speed and big play capability, both in the Hornets’ arsenal. Defensively, Totty said Harmony Grove has good closing speed, and that the Hornets pursue and recover very well. Rison had ball possession for over 33 minutes against Parkers Chapel, and the ‘Cats will be looking for that kind of control against Harmony Grove to keep the Hornets’ offense off the field.

runs of 16, 5 and 36 yards as the ‘Cats built a 22-0 cushion at the 7:24 mark of the second period. Chavis had a 2-point conversion run following the first TD, while quarterback Spencer Trail plunged for a 2-pointer after the second touchdown. Trail finished the game with 49 yards rushing on 10 carries. Rison’s advantage was extended to 28-0 with just 1:43 to go in the half, when JaQuan Henry found a huge hole over the right side. With all 11 Trojan defenders inching toward the line of scrimmage to stop the run, Henry breezed 52 yards to the end zone. The senior back went on to gain 179 yards on 22 rushes. On their first possession of the second half, the ‘Cats used 13 plays and over 7 minutes to drive 62 yards for their final score, a short plunge by Henry.

P

N PROPHET I K S IG S

WEEK 8 for games played Oct. 21-22 THE PROPHETS: Britt Talent The Herald

Harmony Grove at Rison

Jacob Wilson Scott Morrison Gateway Bank Quik M

Brett Davis FBT Bank

Harrell Wilson ToBrep Tri-W Logging Weekly Winner

HG

Rison

Rison

Rison

Rison

HG

Strong at Woodlawn

Woodlawn

Strong

Strong

Strong

Strong

Woodlawn

Junction City at Smackover

JC

JC

JC

JC

JC

JC

Fayetteville at Sp. Har-Ber

Har-Ber

Har-Ber

Har-Ber

Fayetteville

Har-Ber

Fayetteville

Dollarway

Dollarway

Dollarway

Dollarway

Dollarway

Dollarway

Fountain Lake at Malvern

Malvern

Malvern

Malvern

Malverm

Malvern

Fnt. Lake

Haskell H.G. at Prescott

Prescott

Prescott

Harmony Grove

Prescott

Prescott

Prescott

Arkansas at Auburn

Arkansas

Arkansas

Arkansas

Arkansas

Arkansas

Arkansas

Texas A&M at Alabama

Alabama

Alabama

Alabama

Alabama

Alabama

Alabama

Ole Miss at LSU

Ole Miss

Ole Miss

Ole Miss

LSU

Ole Miss

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Circle your picks for WEEK 9 games scheduled for Oct. 28-29. All entries must be submitted to the Cleveland County Herald, 215 Main Street in Rison, by 4 P.M. FRIDAY, OCT 28 In the event of a tie, the contestant who picks the correct winner in the tiebreaker game will be declared the winner. Should there continue to be a tie, the pick that comes closest to the actual point spread will be declared the winner. The final tiebreaker will be the contestant who is closest in the total number of points scored. Should it still remain at tie, the contest shall be declared a tie and the prize will be split evenly among the winners.

WEEK 9: DEADLINE IS 4 pm FRIDAY, OCT. 28 - CIRCLE YOUR PICKS 1. Rison @ Hampton 2. Bearden @ Woodlawn 3. Fordyce @ Junction City 4. Hamburg @ Warren 5. Parkers Chapel @ Strong

6. Lake Hamilton @ Benton 7. Star City @ DeWitt 8. Clemson @ Florida State 9. Nebraska @ Wisconsin 10. Auburn @ Ole Miss

Baylor : __________

at Texas :___________

TIE-BREAKER GAME - WRITE IN A PREDICTED SCORE

HOW TO TURN IN YOUR PICKS: Mail them to Pigskin Prophets, P.O. Box 657, Rison, AR 71665; fax them to (870) 325-6127; or bring them by the Cleveland County Herald office at 215 Main Street. Name:__________________________________________________________________________ Address:________________________________________________________________________ Home Phone:_______________________________ Daytime Phone:_______________________

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• Cleveland County Herald, October 19, 2016 - page 9A •

Thomas, ‘Dogs Bomb Woodlawn With Passing Game HAMPTON - When it comes to defending the Hampton Bulldogs’ heralded quarterback Monta Thomas, it’s basically a situation of pick your poison - key on stopping his running game, and he’ll beat you with the pass; key on defending against his passing game, and he’ll beat you with the run. For the Woodlawn Bears Friday night, they chose to go allout on slowing down his running game. And for the most part, that strategy worked as Thomas finished with 71 yards rushing on eight carries, most of which came a single 50-yard run. He ran for 17 yards on the Bulldogs’ first offensive play, but by his fifth carry, his rushing total was down to just a single yard. But for all the effort put forth in containing Thomas on the ground, he more than made up for it through the air, hitting four-of-seven pass attempts for 150 yards and three touchdowns, pacing the Bulldogs to a 36-7 victory in an 8-2A matchup Friday night at Hampton. “If they are going to beat us using one cat, they’re going to beat us doing something else,” Woodlawn Coach Neil Barbaree said after the game about the strategy of trying to contain Thomas on the ground. “I told our guys, ‘If he’s going to beat us throwing the ball, then

by gosh let him throw it’ - and he did,” Barbaree said. “But he ain’t going to beat us running the ball. That’s what we tried to do last year, and that’s what we were going to do this year. If they’re going to beat us, make them do something they don’t want to do or make them do something better.” In the end, Barbaree said his Bears simply did not have the speed to match up with the Bulldogs. With all their focus on stopping Thomas’ ground game, he said it left them vulnerable on other plays. Thomas’ favorite target through the air was Alex Davis, who pulled in a 68-yard bomb for Hampton’s first score and caught a 49-yard pass with just 12 seconds left in the first half for the Bulldogs’ final TD. That late score gave the Dogs a 36-0 lead, which invoked the mercy rule clock for the second half. Thomas also threw a 23-yard touchdown to Marcus Rose. With all eyes on Thomas, that allowed Hampton’s Emmanuel Hegler to bust off the bigs runs. He did just that, clicking off 75-yard touchdown run in the second quarter when it seemed Woodlawn was starting to gain the momentum. He finished with 127 yards on five carries, all in the first half, to led all rushers. Both defenses got off to a good start as the opponent came away

WOODLAWN - If Woodlawn wants to pick up a homecoming victory Friday night against the Strong Bulldogs, Bears Coach Neil Barbaree said the best way to do that is simply stop Strong quarterback Javonte Newton. Pre-game homecoming festivities begin at 6:15 p.m. Friday with the game set to kick off at 7 p.m. at the Carl Jones Sports Complex. Barbaree said Newton is the spark plug that makes Strong’s spread offense run. “They spread you out, and most of the time, he simply looks for a hole, tucks it and runs,” Barbaree said. The Bulldogs and Bears are both searching for their first win in 8-2A conference play. Both schools have 0-3 league marks

with Strong bringing a 1-6 overall record to Woodlawn. The Dogs’ lone victory came Sept. 16 at home against Marianna, 18-12. Woodlawn, meanwhile, after getting off to a 3-0 start, has lost its last three games - all in conference - to stand even at 3-3 overall. Barbaree said the Bulldogs are both big and fast and try to utilize those assets to their advantage. “They don’t do anything fancy - they simply line up and come right at you,” he said. Large might be an understatement for the ‘Dogs: Strong has eight players that tip the scales at 240 lbs. or heavier, including two that weigh more than 360 lbs.

Hampton 36, Woodlawn 7 Score By Quarters 1 2 3 4 F Woodlawn 0 0 0 7 7 Hampton 14 22 0 0 36

STOPPING THE BIG DOG - Woodlawn’s Spencer Scallion (3) makes an open field tackle on Hampton quarterback Monta Thomas (8) during first half action Friday night at Hampton. The Bear defense sold out on containing Thomas’ running game, and for the most part, had some success. He finished with 71 yards on just eight carries, but 50 yards of that came on one run. After picking up 17 yards on Hampton’s first offensive snap, Thomas had just 1 net yard rushing by his fifth carry. However, the dual-threat quarterback made up for it by passing for 150 yards and three touchdowns. empty on their first possessions. After the Bears went threeand-out on their first series, Thomas found the edge on the Bulldogs’ first offensive snap to go 17 yards to the Woodlawn 36. But when facing a fourth-andone three plays later, the Bears’ Spencer Harris dropped Thomas in the backfield for a three-yard loss, leading to a change of po-

session. On Hampton’s next offensive series, Thomas found Davis for a 68-yard touchdown pass on the first play of the drive. Thomas hit Deveyon Stephens for the two-point conversion, giving the “Dogs an 8-0 lead with 7:23 left in the first quarter. Hampton extended its lead on their its next possession when

From the tape he has seen on the Bulldogs, Barbaree said they seldom pass and rely almost exclusively on their running game to generate offense. He said they like to hit their opponents with a variety of plays out of their spread formation - misdirection, jet sweeps and even dives. When Newton isn’t tucking and running himself, Barbaree said he will occassionally hand it off to their massive fullback, 6-1, 277 lbs. Keshaun Howell. Barbaree said the strategy to picking up a win Friday night is simple: stop the quarterback. “We stop him, we’ll beat them - period,” Barbaree said. Woodlawn will have to do that without one of their best defenders. Barbaree said junior Chance

Johnson left the school this week, and he will have to find a replacement of him at defenseive end. He said he plans to rotate senior Tyler Gulledge and sophomore Nick Ward at Johnson’s defensive position in hopes of keeping both a little fresher for the offense. Gulledge and Ward are both running backs. Offensively, Barbaree said he is looking to take advantage of the opportunities that Strong gives him. “We’re going to try to hit them where they’re not,” he said. Barbaree said the departure of Johnson leaves them with just 20 players available Friday. Senior linemen Brian Fleetwood and Jacob Jacks are both out with leg injuries.

Woodlawn, Strong Still Looking For First 8-2A Win at WHS Homecoming

Junior High Football

Jr.‘Cats Get Going in 2nd Half, Beat Trojans 28-6 RISON - It took until late in the third quarter before Rison could get its offense cranked up, but then the floodgates opened and during a six-and-a-halfminute span the Junior Wildcats scored four touchdowns on their way to a 28-6 victory over the Parkers Chapel Junior Trojans in an 8-2A Conference game on

a damp and slick Wildcat Field Thursday evening of last week. The win improved Rison to 4-1 on the season, all in 8-2A Conference play. The Junior ‘Cats will have a big conference showdown Thursday night when they travel to Camden Harmony Grove to face the Junior Hornets in a 7 o’clock contest. By

Jr. Bears Get Early Lead Before Hampton Roars Back WOODLAWN - The Woodlawn Junior Bears jumped out to a quick 6-0 lead on the Hampton Junior Bulldogs last Thursday before Hampton came storming back for a 46-6 win at the Carl Jones Sports Complex in 8-2A junior high action. Woodlawn Coach Neil Barbaree said the Junior Bears held the ball for six minutes in the opening quarter as they capped off the long drive with a 12-yard

touchdown pass from quarterback Brandon Lambert to Tristen Morgan. But Hampton answered with a big touchdown play on the first snap of its ensuing possession, and the Junior Bulldogs continued to roll from there. Woodlawn fell to 1-5 overall and 1-4 in conference play with the loss. The Junior Bears travel to Strong Thursday for another 8-2A conference game.

winning their final two games with Harmony Grove and then Hampton on October 27, the Junior ‘Cats can gain a share of the 8-2A Conference title. Harmony Grove defeated Bearden last Thursday in a key 8-2A game, which was the Junior Bears’ first loss. Bearden edged Rison, 8-6, back on September 22 for the Junior Wildcats’ only defeat. Commenting about Rison’s victory over Parkers Chapel last Thursday, when the ‘Cats and Trojans battled through a scoreless first half, junior head coach Justin Crain said, “We challenged the kids at halftime and they came out and responded. If we had played the first two quarters like the last two it would have been a much different game. In the end, we were disappointed about giving up a long kick and touchdown. But we are proud that the first defense has given up just 14 points so far this season. That’s really good.” A couple of lost fumbles in the damp conditions ended Rison possessions during the first half. But each time the ‘Cat defense came up with stops at the Rison 30 and then the 26. The Wildcats marched inside the Trojans’ 30 in the closing moments of the second period before turning the ball over on downs. Miscues continued for Rison at the start of the third quarter, when a holding penalty erased a deep run into Parkers Chapel territory, followed by a botched punt attempt that gave the Trojans possession at the Wildcats’ 34. However, Jaylon Henry of Rison covered a Trojan fumble at the 33, and followed that with a 51-yard TD run at the 2:41 mark of the third period to break the scoreless deadlock. Donganelle Hoke ran over a 2-point conversion to make it 8-0. With 6:45 left in the game, Rison ended a 52-yard drive when

Jerrion Marshall ran into the end zone from 9 yards out for a TD. Marshall also added a 2-point conversion to extend the Wildcats’ lead to 16-0. On the ensuing kick the Trojans got a long return and scored on the next play to pull within 16-6. Cole Keese covered an onsides kick by the Trojans, and then Marshall, with a downfield block from Fred Marsh, scooted 49 yards for a touchdown that made it 22-6 with 5:15 remaining. The Trojans couldn’t get a handle on the ensuing kick, and Rison’s Zy’Shawn Hoover snatched up the loose ball at the Parkers Chapel 26. Seconds later, Hoke, on a 27-yard TD dash, closed the scoring as the Wildcats’ lead swelled to 28-6 at the 4:13 mark of the final period.

Rison 7th Graders Post Win Over PC

RISON - The Rison 7th grade Wildcats ran their record to 20-1 with a 14-6 victory over the Parkers Chapel 7th grade Trojans at Wildcat Field Thursday afternoon of last week. Keshawn Lea got Rison on the scoreboard first with a touchdown run and 2-point conversion that gave the ‘Cats an 8-0 lead. After Parkers Chapel trimmed Rison’s lead to 8-6, Shaquan Reeves scored a TD that gave the Wildcats a 14-6 advantage. Coach Fred Hauk said the Wildcats had a good game defensively with the exception of the Trojans’ touchdown play, which came on a long run. Rison’s 7th graders are scheduled to see action again Thursday afternoon at Camden Harmony Grove, where they will take on the 7th grade Hornets in a game set to start at 5:30.

Game Statistics Wood. Hamp. First Downs 11 11 Rushes/Yards 34-105 26-260 Passing Yards 44 150 Comp./Atts./Int. 7-15-1 4-8-0 Total Yards 149 410 Punts/Avg. 4-33.2 0 Fumbles/Lost 0-0 1-1 Penalties/Yards 4-17 4-10 Individual Statistics Rushing (Rushes/Yds.): Woodlawn - Tyler Gulledge, 5-34; Nick Ward, 11-32; Dalton Rissinger, 11-23; Trevor Monk, 4-13; Spencer Harris, 3-2. Hampton - Emmanul Hegler, 5-127; Monta Thomas, 8-71; T.J. Lambert, 4-24; Kevin Childs, 3-23; Tre Murphy, 3-8; Marcus Rose, 2-7; Deveyon Stephens, 1-0. Passing (Comp./Att./Int., Yds): Woodlawn - Dalton Rissinger, 715-1, 44. Hampton - Monta Thomas, 4-7-0, 150; Carlos Martinez, 0-1-0, 0. Receiving (Receptions/Yds.): Woodlawn - Trevor Monk, 4-22; Braden Sparks, 2-12; Tyler Gulledge, 1-10. Hampton - Alex Davis, 2-117; Marcus Rose, 1-23; Emmanuel Hegler, 1-10.

Hegler’s 35-yard run help set up Thomas’ second touchdown pass, this one a 23-yarder to Rose. Thomas’ two-point conversion pass was incomplete, making it 14-0 with 4:15 still left in the first quarter. The momentum, however, seemed to slowly begin shifting to Woodlawn at that point in the game. On the Bears’ ensuing possession after Rose’s TD, quarterback Dalton Rissinger took a direct snap on a fake punt near mid-field and raced 12 yards to the Hampton 44. Four plays later, the Bears were at the 26 yard line when a couple of illegal procedure penalties snuffed out the drive on downs. Hampton took over near midfield after Woodlawn was charged with a personal foul on the fourth-down play, but the Bulldog offense suddenly found itself going in reverse. Thomas was stuffed for a twoyard loss on the first play, and a holding call on the next snap put the Dogs in a second-and23 situation. Hegler then picked up three yards, and as Thomas dropped back to pass on third down, the Bears’ Tyler Gulledge buried him for an 11-yard loss. An offside penalty on Woodlawn made it fourth-and-26, but the Bulldogs decided to go for it anyway. Spencer Scallion, how-

ever, knocked down Thomas’ pass near the first down marker, and the Bears offense suddenly found itself setting up shop at the Hampton 36 and trailing by just two touchdowns, 14-0. Sensing the shift in momentum, the Bears tried to quickly pounce. Rissinger hit Gulledge on a 10-yard pass play to start the series, and three plays later, Rissinger powered through on third down to give Woodlawn a first-and-10 at the Hampton 13. But three plays later, however, Rissinger was intercepted at the 5. On the second play after the turnover, Hegler cracked the middle of the Woodlawn defense and went a 75 yards for the touchdown run. T.J. Lambert ran in the two-point conversion, making it 22-0 with 5:14 left in the second quarter. Barbaree said all the attention they were putting on Thomas played a role in Hegler’s big run. “I think our linebackers lost sight,” he said. “They wanted to stop Monta so bad. Their key is fullback and he slipped a couple on us and he had some big runs.” Thomas finally broke free himself on the Bulldogs’ next series when he managed to get outside, elude a couple of tackles and race 50 yards for the touchdown. The conversion attempt as fumbled away, leaving it 28-0 with 2:30 left in the first half. Hampton closed out the second quarter by driving 75 yards in five plays with Thomas’ hitting Davis on 49-yard touchdown pass with just 12 seconds left. Thomas found Bryar Nutt on the two-point play to make it 36-0. Woodlawn’s touchdown came with about 6:55 left in the fourth quarter when Nick Ward scored on a three-yard run, capping a 15-play, 80-yard drive. Chance Johnson had the extra point. “Defensively, I thought we were sound,” he said. “They did everything we asked them to do. They were in position, but they (the Bulldogs) just made great plays. Hats off to them; nothing against that. Hey, if I had them, I would make great plays too.” Woodlawn had 149 yards of total offense. Gulledge finished with 34 yards rushing on five carries while Ward followed with 32 on 11 rushes. Monk finished with four passes for 22 yards. The Bears fell to 3-3 overall with the loss and 0-3 in 8-2A conference play. Hampton improved to 7-0 overall and 4-0 in league action.

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• Cleveland County Herald, October 19, 2016 - page 10A •

Voters to Decide on 5 Ballot Issues (continued from page 1A) amendment to the Arkansas Constitution concerning the terms, election and eligibility of elected officials. Ballot Title: Proposing an amendment to the Arkansas Constitution concerning elected officials; providing for terms of office for certain county officials for four (4) years; providing that certain county officers shall not be appointed or elected to a civil office during their elected term; allowing a candidate for an office to be certified as elected without appearing on the ballot when he or she is the only candidate for the office at the election; and defining the term “infamous crime” for the purpose of determining the eligibility of elected officials to hold office. What is being proposed? This amendment asks voters to approve multiple changes to the Arkansas Constitution. If approved by voters, this amendment would: 1. Allow four-year terms for elected county officials. 2. Prevent certain elected county officials from also being appointed or elected to a civil office. 3. Allow unopposed candidates to be elected without their name appearing on the ballot; and 4. Define what “infamous crime” means in regards to who is not allowed to hold an elected position. What do supporters say? • If county officials had fouryear terms, they could initiate some of their own ideas and see them through, especially when it comes to technology. • It would provide much needed ethics reforms by preventing county-level office holders from being appointed or elected to any civil office. This prevents those charged with the public trust from having a divided focus. • It would save money on the printing of ballots to leave off unopposed candidates. • The amendment takes all the gray area out of the definition of the phrase “infamous crime” and gives the courts and prosecutors more guidance so that crimes not fitting the definition are not prosecuted. What do opponents say? There has been no organized or publicized opposition to this amendment. • In general, people may think there is more accountability for county officials if you make them run every two years. • In other states, critics have said eliminating the name of an unopposed candidate from the ballot discourages awareness of government officials and could create a perception that unopposed candidates aren’t doing their jobs or are indifferent public officials. • Omitting a candidate from the ballot deprives voters of their

right to vote for the candidate of their choice. • There should be an overall review of the crime on an individual basis instead of an immediate bar to office. Due to the strict nature of the law, an Arkansas county sheriff was removed from office on the basis of theft of chickens at a very young age regardless that there was substantial evidence of rehabilitation and that he was elected by more than 80 percent of voters. Issue 2 Popular Name: A Constitutional Amendment to allow the governor to retain his or her powers and duties when absent from the state. Ballot title: An amendment to the Arkansas Constitution to allow the governor to retain his or her powers and duties when absent from the state. What is being proposed? The amendment would change the constitution to allow the governor to remain in power when traveling outside the state of Arkansas. What do supporters say? • Modern technology, such as cell phones and computers, allow the governor to stay connected and do business while out of state. • A lieutenant governor or Senate president, who is third in line, would be prevented from signing controversial bills or taking inappropriate actions when the governor is out of Arkansas. What do opponents say? There has been no organized or publicized opposition to this amendment. • In general, a person might be opposed to reducing the role of the lieutenant governor. • In the 2002 election regarding this same issue, the thenlieutenant governor said there was anxiety over extending the governor’s powers and questions about who would be in charge if the governor really was inaccessible. Issue 3 Popular Name: An amendment to the Arkansas Constitution concerning job creation, job expansion, and economic development. Ballot Title: An amendment to the Arkansas Constitution to encourage job creation, job expansion, and economic development; removing the limitation on the principal amount of general obligation bonds that may be issued under Amendment 82 of the Arkansas Constitution to attract large economic development projects; authorizing a city, county, town, or other municipal corporation to obtain or appropriate money for any corporation, association, institution, or individual to finance economic development projects and to provide economic development services; authorizing the issu-

ance of bonds under Amendment 62 of the Arkansas Constitution for economic development projects; authorizing the taxes that may be pledged to retire bonds issued under Amendment 62 of the Arkansas Constitution for economic development projects; removing the requirement of a public sale for bonds issued under Amendment 62 of the Arkansas Constitution for economic development projects; and authorizing compacts for economic development projects among cities of the first and second class, incorporated towns, school districts and counties. What do supporters say? • The constitution includes a patchwork of economic development language and definitions, making it difficult or impossible for local communities to take full advantage of valuable job creation tools. The amendment would clean up those inconsistencies, provide additional opportunities for cities to participate in economic development opportunities and enhance the state’s ability to attract large employers. • Arkansas is at a disadvantage. Our constitution leaves us out of line with other states in this part of the country when it comes to giving communities the ability to engage in economic development efforts. • Removing the cap on the amount of bonds the state could issue would help Arkansas compete for more large projects that could bring hundreds of new jobs to the state. • It would regularize what many municipalities are already doing and clarify what local governments can do to offer incentives to companies. • Being able to spend money locally on economic development would help cities and towns attract businesses and add jobs. What do opponents say? • It allows local governments to give away taxpayer money to a private corporation, association, institution or individual. • There is no limit on how much state revenue may be pledged to private super projects. Theoretically, the state could approve the use of 100 percent of its general revenues or even more than 100 percent. Just one legislature could ruin the state budget and cause the need for tax increases for years to come. • The proposal’s popular name is deceptive and designed to fool uninformed voters. • Taking money from one business for the benefit of another business is no different than welfare. It’s a form of income redistribution. • This will give you the ability to bankrupt your city. Bad decisions will come back to bite you. • The amendment will reopen

Public Notice NOTICE OF SPECIAL ELECTION Notice is hereby given that a Special Election will be held in Cleveland County, Arkansas (the “County”) on the 8th day of November, 2016, at which there shall be submitted to the electors the following two questions: 1. Adoption of a 1.5% local sales and use tax within the County, the net collections of which remaining after deduction of the administrative charges of the State of Arkansas and required rebates (the “Net Collections”) will be distributed to the County and each municipality located therein based upon population as determined by the State legislation authorizing the tax. The Net Collections received by the County shall be used for one or more of the following: (a) to acquire, construct, improve, expand, equip, furnish, operate and maintain new or existing jail and law enforcement facilities, including any necessary utility, road and parking improvements related thereto or in support thereof and (b) to pay and secure the repayment of bonds approved by the voters and issued by the County from time to time to finance jail and law enforcement facilities and facilities related thereto or in support thereof (the “Operation and Maintenance Tax”). The Net Collections received by the municipalities in the County shall be used by each municipality as determined by its city council. The levy of the Operation and Maintenance Tax is not dependent on any bonds being approved or issued. 2. The issuance of bonds of the County in the maximum aggregate principal amount of $7,500,000 to finance all or a portion of the costs of acquiring, constructing, equipping and furnishing new jail and law enforcement facilities, including particularly, without limitation, a new jail, sheriffs office, communications center and administrative offices related to law enforcement and any necessary utility, road and parking improvements related thereto or in support thereof, and, in order to pay the bonds, the levy and pledge of a 1% local sales and use tax within the County. If the bonds are approved, there will be levied within the County a new 1% sales and use tax (the “Bond Tax”), the net collections of which remaining after deduction of the administrative charges of the State of Arkansas and required rebates will be used solely to retire or pay obligations with respect to the bonds in accordance with Amendment No. 62 to the Arkansas Constitution. The Bond Tax will expire after the bonds have been paid or provision is made therefor in accordance with Arkansas statutes. In order to provide additional funds to pay or to further secure repayment of the bonds, the County may also pledge to the bonds the net collections received by the County from the Operation and Maintenance Tax, if the Operation and Maintenance Tax is separately approved by the voters. The issuance of the bonds is not dependent on the Operation and Maintenance Tax being approved. Only qualified electors of the County will have the right to vote and the electors may vote either for or against each question as described above. The election will be held between the hours of 7:30 o’clock a.m. and 7:30 o’clock p.m. on November 8, 2016. GIVEN this 18th day of October, 2016. Jimmy D. Cummings, County Clerk

the door to sending local sales tax money from poor people to pay the salaries of chamber of commerce executives who lobby for policies contrary to the interest of poor people. Issue 4 Popular name: An amendment to limit attorney contingency fees and non-economic damages in medical lawsuits. (This issue has been removed through a ruling of the Arkansas Supreme Court, though it will still appear on the ballot.) Issue 5 Popular name: An amendment to allow three casinos to operate in Arkansas, one each in the following counties: Boone County, operated by Arkansas Gaming and Resorts, LLC; Miller County, operated by Miller County Gaming, LLC; and Washington County, operated by Washington County Gaming, LLC. (This issue has been removed through a ruling of the Arkansas Supreme Court, though will still appear on the ballot.)

Public Notice NOTICE OF GENERAL ELECTION Date: November 8, 2016 Poll Hours: 7:30 a.m. – 7:30 p.m. Early Poll Site and times: Cleveland County Courthouse Clerk’s Office. Early voting begins October 24th and ends November 7th. Early Poll Hours: Monday – Friday 8:00 a.m. – 6:00 p.m., Saturday 10:00 a.m. – 4:00 p.m., early polls close at November 7, 2016 at 5:00 p.m. Polling Sites: “Y” Community Center, 8000 Hwy 35N, Rison AR, 71665 Center Missionary Baptist Church, 12270 U.S. Hwy 63, Rison AR 71665 Hall-Morgan Veteran’s Bldg., 404 Sycamore St., Rison AR 71665 Hwy 133 Fire Department, 290 Frye Loop, Rison AR 71665 Hwy 212 Fire Department, 30 Sunset Lane, Rison AR 71665 Lee Community Center, 14010 Hwy 189S, New Edinburg, AR 71660 Mill Creek Masonic Lodge, 14550 Hwy 35S, Rison AR 71665 New Edinburg Fire Department, 6350 Hwy 8, New Edinburg AR 71660 New Home Missionary Baptist Church, 14060 Hwy 54, Pine Bluff AR 71603 Parent Center, 16650 Hwy 79, Kingsland AR 71652 Pleasant Ridge Missionary Baptist Church, 3833 Rodgers Rd W, Rison AR 71665 Union Methodist Church, 21230 Hwy 35S, Warren AR 71671 Woodlawn Community Center, 6270 U.S. Hwy 63, Rison AR 71665 Macedonia Missionary Baptist Church, 7370 Hwy 35S Rison AR 71665 Time and location of the opening, processing, canvassing and counting of ballots: 7:30 p.m. at the Cleveland County Clerk’s Office, 20 Magnolia, Rison AR 71665 Candidates and Offices to be elected: President and Vice President Jim Hedges and Bill Bayes Jill Stein and Ajamu Baraka Lynn S Kahn and Kathleen Monahan Hillary Clinton and Tim Kaine Donald J Trump and Michael R Pence Darrell Castle and Scott N Bradley Evan McMullin and Nathan Johnson Gary Johnson and Bill Weld U.S. Senate Conner Eldridge Frank Gilbert Senator John Boozman Write In U.S. Congress District 04 Congressman Bruce Westerman Kerry Hicks State Senate District 26 Elvis Pressley Senator Eddie L Cheatham State Senate District 27 Senator Bobby J Pierce Trent Garner State Representative District 10 Dorothy Hall Representative Mike Holcomb Court of Appeals Associate Judge District 05 James McMenis Mark Klappenbach Alderman City of Rison, Ward C, Position 1 Curtis J Marks Jimmy Bowlin Unopposed Candidates: State Representative District 8 – Jeffrey R Wardlaw County Judge - Gary Spears County Sheriff – Jack H Rodgers II County Clerk and Circuit Clerk – Jimmy Cummings County Treasurer – Jack B Hopson County Assessor - Donna Sims County Coroner – Joe W Rauls County Surveyor – Chris Hopson Justice of the Peace District 1 – Ricky Neal Justice of the Peace District 2 – Donald Triplett Justice of the Peace District 3 – Jimmy Curry Justice of the Peace District 4 – Alex Tilley Justice of the Peace District 5 – Donald R Herring Justice of the Peace District 6 – Owen T Rushing Justice of the Peace District 7 – Bruce Brown Justice of the Peace District 8 – William Paul Jacobs Justice of the Peace District 9 – Judy King Constable, Miller Township – Charles (Chuck) Valentine Constable, Harper Township – Dave Morrison Constable, Smith Township – Jason Phillips Constable, Whiteville Township – Brad Rauls Constable, Niven Township – Joseph D Drye Constable, Saline Township – Max Garlington Constable, Rison Township – Bill Mays Constable, Whiteoak Township – T N Wilson Constable, Kingsland Township – Larry J Williams JR Constable, Hurricane Township – Daniel B McClain City of Rison, Recorder/Treasurer – Rhonda Thompson City of Rison, Alderman, Ward A, Position 1, - Rodney Reed City of Rison, Alderman, Ward A, Position 2, - Scott Morrison City of Rison, Alderman, Ward B, Position 1, - Michael Barnett City of Rison, Alderman, Ward B, Position 2, - George Kelley Holt City of Rison, Alderman, Ward A, Position 2, - Cleve Reed City of Kingsland, Recorder/Treasurer – Leann Huntley City of Kingsland, Alderman, Ward 1, Position 1, - Tleatha Spencer City of Kingsland, Alderman, Ward 1, Position 2, - Lee Penister City of Kingsland, Alderman, Ward 2, Position 1, - Jennifer Williams City of Kingsland, Alderman, Ward 2, Position 2, - Marvin Crain Given this 18th day of October, 2016. Jimmy D Cummings, County Clerk


• Cleveland County Herald, October 19, 2016 - page 11A •

Cleveland County Road Dept. Update Cleveland County Judge Gary Spears has issued this update detailing work that has been carried out by the Cleveland County Road Department over the following two weeks: October 3 - 7, 2016 GRAVEL HAULED: Rowell Road West (31 loads), County Stockpile (19 loads), Harmony Church Road (17 loads), Broughton Road (2 loads), Brushy Creek Road (3 loads) HAULED THREE (3) LOADS OF CARDBOARD FOR RECYCLING TOTAL LOADS HAULED: 75 USED THE BACKHOE TWO (2) DAYS MOVING BRUSH AND OPENING CULVERTS ON SEVERAL ROADS AROUND THE COUNTY USED THE TRACKHOE FIVE (5) DAYS IN THE KINGSLAND NORTH PIT REPLACED FOUR (4) ROAD SIGNS ROADS MOWED WITH THE PULL BEHIND BUSHHOG: Hill Harper Road, Rodgers Road East, Gun Club Road, Parker Loop, Rodgers Road West, Brushy Creek Road, Frye Road, Frye Loop, Dogwood Road, Rushing Road, New Home Cemetery Road, Heritage Estates Road, Morris Road, Dial Road, Kelley Road, Willow Lane, Rupe Road, Hardin Road, Presley Road, Pinewood Road, Dunkeffie Road, Griffith Springs Road, Casey Road ROADS TRIMMED WITH THE SIDE ARM BUSHHOG: Shady Grove Road, Bryant Road, Gullet Lane, County Line Road, Reaves Cemetery Road, Hollis Special Road, Harrellson Road ROADS PATCHED WITH COLD MIX: Adelle Lane, Hollis Special Road, Brushy Creek Road, Unionville Road, Moores Church Road, Dial Road, Gavin Lane, Woolley Road, Mt Elba Road, Banks Road, Bryant Road, Sunset Lane, Dunkeffie Road, Frye Lane, Dogwood Road, Hill Harper Road, Tolefree Road, Marks Cemetery Road, Corbett Murrell Road, Peters Road, Mt Carmel Road, Rodgers Road East, Gun Club Road, Rye Cut Off Road, Heritage Drive, Huddleston Road, Goggans Lane ROADS DITCHED: Broughton Road, Crain’s Lake Road, Granderson Road, Tower Road, Alley Road, Harrellson Road West, ROADS GRADED: Rushing Road, Willow Lane, Chestnut Road, Clements Road, Kelley Road, Butcher Hollow Road, Cash Road, Leopard Road, Judd Crain Road, South Concord Road, Word Road, Hill Harper Road, James Ball Road, Frye Road, Dunkeffie Road, Calvin Rawls Road, Harvey Benton Road, Unionville Road, Dunkeffie Road, White Oak Bluff Road, John T Reed Road, Jones Lane, Brewer Road, Mahoney’s Ferry Road, Mt Carmel Road, William Puckett Road, Liberty Hill Road, Reed Camp Road, Rosa Brown Road, Watkins Road, Blackwell Road, Frye Loop, Pumpkin Hill Road, Toledo Cut Off Road, Rose Hill Road, Bell Road, Friendship Lane, Morrison Road, Pine Tree Road, Reed Road, Mt Lebanon Road, Towery Road, Scott Road, Briant Spur Road, Crain Road, Russell Road, Morgan Road, Tower Road, Crouse Loop, Crouse Road, Canada Cemetery Road, Granderson Road, Agnes Curry Road, Birch Lane, Casey Road, Thomas Road, Curry Road, Davis Road, Hickory Road, Jade Lane North, Rowell Road West, Spring Road October 10 - 14, 2016 GRAVEL HAULED: Crossroads Road (68 loads), Rowell Road West (18 loads), Birch Lane (2 loads), ML Wilson Road (1 load), Crain Road (1 load) HAULED THREE (3) LOADS OF CARDBOARD FOR RECYCLING TOTAL LOADS HAULED: 93 USED THE BACKHOE TWO (2) DAYS CLEANING OUT DITCHES SCATTERED AROUND THE COUNTY USED THE TRACKHOE THREE (3) DAYS AT THE KINGSLAND NORTH PIT REPLACED FIVE (5) ROAD SIGNS ROADS PATCHED WITH COLD MIX: Rodgers Road East, Pioneer Drive, Dogwood Lane, Homer Johnston Road, Deer Run, Pine Lake Road, Griffith Springs Road, Pinewood Road, Gun Club Road, Hollis Road, Buster Cole Road, Gum Springs Road, Crook Lane, Presley Road, ML Wilson Road, Cash Road, Tyson Road, Sunset Lane ROADS MOWED WITH THE PULL BEHIND BUSHHOG: Friendship Cemetery Road, Griffith Springs Road, Rushing Parker Road, Woolley Road, Honey Cove, Lawrence Cove, Reed Road, Thomas Road, Brushy Creek Road, Smith Road, Bears Trail ROADS DITCHED: Lea Ridge Road, Hastings Camp Road, Annie Rodgers Road ROADS GRADED: Crain’s Lake Road, Station Road, Lea Ridge Road, Broughton Road, Annie Rodgers Road, Hastings Camp Road, Watkins Road, Lawrence Cove Road, Rushing Parker Road, Union Grove Road, James Ball Road, Brushy Creek Road, Reed Camp Road, Liberty Hill Road, South Concord Road, Word Road, Mt Elba Road West, Mayberry Road, Puckett Road-Hwy 35 North, Salvation Lane, Glory hole Road, Jack White Road, Morris Road, Gun Club Road, Kelley Road, Green Acres Drive, Dunkeffie Road, Ellison Road, Cummings Lane, Meadow Lane, Peters Road

CCSB OKs Trial Run for Incentives (continued from page 1A) will not be counted against the worker. Rison High School teacher Diana Taylor, a member of the licensed personnel policy committee that came up with the plan, said other school districts use the same type of incentives to encourage employees to stay on the job. “I do believe it is an incentive,” she said. Superintendent Johnnie Johnson explained that employee absences are a problem, and it costs the district money, especially when a teacher takes off because the district has to pay for a substitute. He said the district pays SubTeach USA, a company that provides substitute teachers to school districts across the nation, about $3,000 to $4,000 per month for substitutes. Johnson said SubTeach charges $91 per day for a non-certified teacher and a higher amount for a certified substitute. “We’re trying to do something to get people to come to work,” Johnson told the board. Some of the school board members expressed concerns about the public perception of paying “someone to come to work.” Some also asked about the potential cost of the pro-

gram. Johnson said he feels whatever the bonus plan does cost will most likely be offset by a reduction in substitute pay. Though he acknowledged it would not be a reality, Sadler asked what the potential cost would be if all 142 district employees were to go a full school year without missing a day of work. Since there are four nine-week periods within a school year, an employee could conceivably earn an extra $1,000 per year. Based on that, the district could potentially pay out $142,000. However, as Johnson pointed out, eight employees have already missed at least one day since the current nine-week session began this week. Kingsland Elementary Principal Danny Durey and Rison Elementary Principal Jeff McKinney, who were both at the meeting, told the board there were other factors to consider as well. In light of the teacher shortage that is plaguing the state, Durey said the attendance bonus could serve as an extra incentive in attracting teachers to the district. Since some teachers occasionally have to leave a little early to make an appointment, McK-

(continued from page 1A) enhance the experience. “When you have bigger groups, the people in front usually get the scare so those in back don’t get as much from it,” she said. The Rison Lions Club has developed the reputation of being one of the largest “haunted house” events in this region of the state, and Keese said they are starting to get a lot of outof-town visitors. Last year, she said they had people from White Hall, Star City and Fordyce go through the old nursing home. The event has also become a major fundraiser for the Rison Lions Club. Keese said the group raised more than $6,000 last year to help fund community service projects in the area. One reason the Rison Lions Club Haunted House has become so popular is that it is held inside a building that is allegedly haunted. Local lore has it that when the building was used as a hospital in the 1940s, an ambulance brought the victims of a local car accident to the emergency room that was located in the north wing of the hospital nearest to Magnolia Street (Hwy. 133). One of those victims was a young red-haired girl who died from injuries she suffered in the accident. After the hospital was convert-

ed into a nursing home, some of the nursing home staff as well as residents reported seeing a young red-haired girl walking across the hall between the last two rooms on that wing. Former nursing home employees claim some of the residents in those rooms reported seeing a young girl in their room. The other story involves Room 26 in the newer south wing of the complex. Former nursing home staff said it was often referred to as the “death room” since all the people who were assigned to that room eventually died there. The “death room” is incorporated in the haunted house tour, and Keese has said they have seen some strange occurrences there. One such instance that has been verified happened during the first year the haunted house was held at the old nursing home. One of the groups that was making the tour that night became temporarily locked inside Room 26 when the door closed and would not re-open. Some of the staff had to pry it open and the pry marks remain on the door frame to this day. She said some of the haunted house workers have reported some strange things going inside the room as they were preparing it for this year’s event.

‘Haunted House’ Opens Saturday

Hall Proposes SE Arkansas Caucus (continued from page 1A) ation of a Southeast Arkansas legislative caucus that would consist of not only state representatives and state senators from this region, but also county judges, mayors, justices of the peace and city council members as well. She said the region needs to follow the same game plan that Northwest Arkansas used in creating a vibrant region. Rather than each community working alone, she said they worked cooperatively with one another to bring more business to that region of the state. She said we need to implement the same strategy. “What’s good in the southern end of this District (10) will be good for Rison,” Hall said. “When you join forces, you have a lot more leverage than you do as an individual,” she added. To exemplify her point, Hall pointed out the recruitment of Sun Paper, a Chinese firm looking to build a $1 billion paper mill in southern Arkansas. While there were areas in southeast Arkansas that would have been suitable for the plant, it ended up going to Arkadelphia. Also during her remarks, Hall voluntarily brought up how she, as a Democrat, could get much accomplished working with a Republican legislature and Republican governor. She pointed out that very question came up in a recent interview she had with the Pine Bluff Commercial.

“When we peel off the labels, we really all want the same things for our families,” Hall responded, noting that everyone is in favor of more jobs, a better economy, more economic development, better education, etc. Hall also noted her personal connections with Cleveland County, pointed out that she graduated from Woodlawn High School, and still has family living in the county. She also mentioned that she and her family still work a hay field they own in Cleveland County that is part of their overall hay and cattle operation based in Grant County. Court of Appeals Even though McMenis is running in an non-partisan election for the Dist. 5 Court of Appeals, Cleveland Co. Democratic Party Chairwoman Janetta Harper invited him to address those in attendance. McMenis finished first in a three-way race non-partisan judicial election held March 1. The Arkansas Secretary of State reported that McMenis captured 16,577 votes (42 percent) in the election while Mark Klappenbach of Fordyce was second with 15,317 (39 percent). Job Serebrov had 7,459 votes (18 percent). Since no candidate received more than 50 percent of the vote, the top two finishers compete in the run-off, which will be held in conjunction with the general election on Nov. 8. McMenis used his opportunity to speak to tell a little bit about

himself and discuss the court of appeals. A seventh-generation Arkansan, McMenis said he is the son of a Baptist preacher who pastored churches in Arkansas. He is a veteran, serves as the Awana director at Maple Avenue Baptist Church in Smackover, is a member of the Gideons, and serves on the FACT board, which oversees the Head Start program for the Union County area. He earned his undergraduate degree from Ouachita Baptist University, his law degree from

the University of Arkansas, his Masters of Law degree from the University of Virginia. McMenis said the purpose of the court of appeals is to review the case being appealed and either send it back to the lower court for more hearing or confirm the finding of the lower court. In particular, he said an appellate judge looks over a case to make sure the proper procedures were followed and also reviews the evidence supporting the lower court’s decision.

Ceremony, Meal To Honor Local Veterans on Nov. 5 (continued from page 1A) Blanchard said proceeds from the meal tickets will support the meals for the veterans. Blanchard said meal tickets must be purchased in advance. Tickets are available from the following individuals and businesses: • Rison area - Cleveland County Judge’s office at the courthouse; Mayor Vernon Dollar and Rison City Hall; Cleveland County Veterans Affairs office Vincent Henderson at the Veterans Building; Bumper-to-Bumper Auto Parts; Rison Pharmacy; FBT Bank & Mortgage; Gateway Bank; Cleveland County Herald office; Taylor Shay’s; Rickey Fore; John Blanchard; Andrew Roshell. • Kingsland area - Southern Style Salon

• New Edinburg area - Marvin King • Staves area - Bill Gray; Ronald Thompson; Jimmy Cummings; Frank Wilson. • Woodlawn area - Jimmie Dale Boyd. The new Cleveland County Veterans display at Veterans Park consists of 25 plaques bearing the names 780 veterans who have ties to Cleveland County. The names are segregated by conflict, ranging from World War I to the Middle Eastern Conflicts and Peace Time. A full list of the names of the veterans can be found on page 13A of this issue. For more information about the dedication ceremony and/or dinner, call John Blanchard at (870) 692-1237.

inney said this will serve as an incentive for them to schedule those appointments a little later, if possible. “Even if you gain just a few minutes, those are minutes you have not lost in the classroom,” he said. Board member Harrell Wilson said that was a factor he had considered. “To me, it’s worth it for that,” he said. Board member Tony White asked Johnson if he felt it would put the district in any kind of financial bind to implement the incentive plan. Johnson again said he felt the cost would be offset by the savings in substitute pay. White then asked about implementing the incentive plan on a trial basis to see what impact it would have on the district’s finances. He said he would like to see figures on paper that show how much money the district spent on bonuses and how much it saved on substitute pay. On that note, Sadler made a motion to implement the plan for the remainder of the 201617 school year, and then assess the impact in July after the current fiscal year comes to a close. There was no opposition to his motion. Uncashed Checks The board also unanimously approved a recommendation by Johnson to cancel nearly $22,400 in uncashed checks that had been written through the district’s checking account as well as the activity fund. Johnson explained that one of the things that the district was written up for during its last audit was not having the district’s checking account properly reconciled. He said much of the problem stemmed from checks that were never cashed by employees, businesses and others. He said some of the uncashed checks dated back to 2005. The board unanimously ap-

proved his recommendation. Johnson said that money would be credited back to the district’s checking account. Johnson said that the district hired former school auditor Doug Brown to help straighten out the books following the last audit. He said he and Brown recently attended another hearing in Little Rock, and this time there were no questions from the state. Board Re-Organization Tuesday’s meeting was the first for new Zone 3 board member Amber Offutt of Rison. State law requires public school boards to elect board officers at the first regularly scheduled board meeting after the school elections. Board member Willie Rainey made a motion to keep all officers the same with William King of Rison as president, Harrell Wilson of Staves as the vice president, and Ricky Spencer of Kingsland as the secretary. The board also voted to make Offutt the disbursing officer for the board, replacing Charlene Freeman. State law requires one board member to be designated as a disbursing officer to sign all checks issued by the school district. Other Business • The school board unanimously approved a motion to once again buy accidental death and dismemberment insurance through the Arkansas School Board Association for $285.50. The policy protects students, staff and school board members who my hurt or killed during a school-related event, whether it be on campus or off. • After meeting in executive session, the board voted to support Johnson’s recommendation to pay extra hours that district treasurer Tina Pierce had worked on school-related issues since 2014.

Fordyce First Baptist Church will again be a Relay Center (drop off for boxes) for the Samaritan’s Purse Operation Christmas Child Shoebox program. Anyone that is donating shoeboxes can drop them off now until Monday, November 21st at 12noon. You can call 870-352-7133 for more information. First Baptist Church 501 North Main Street

Fordyce, AR 71742

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217 Main Street Rison, AR 71665

)VTLZLL\Z=LSVVRMVY^HYK[V`V\Y]PZP[ Shop our collections of Tyler Candle Co., Simply Southern, Girlie Girl and Burton & Burton!

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0-3 years • 4-6 years • 7-9 years • 10 & over Deadline to Enter is 5 p.m. Friday, Oct. 28. Please bring this completed form to Gateway Bank or pick up a form at the bank. Costumes will be judged during Rison Shine Trunk-orTreat to be held on Saturday, Oct. 29, in Downtown Rison. Must be present to win. Judging times are as follows: Report to Gateway Bank at the Electronic Sign.

Ages 0-3: 5:30 p.m. Ages 4-6: 5:45 p.m. Ages 7-9: 6:00 p.m. Ages 10 & over: 6:15 p.m.


â&#x20AC;˘ Cleveland County Herald, October 19, 2016 - page 12A â&#x20AC;˘

Reunions RHS Class of 1974 Reunion Saturday

RISON - The Rison High School Class of 1974 will have its reunion Saturday, Oct. 22 at 6 p.m. at the shop of Martha and Randy Hurst, loated at 6580 Hwy 35 N. It will have be potluck again this year. For more information, contact Martha Hurst at 870-325-7499.

Jones-Shelton Reunion Held

The annual Jones-Shelton reunion was held recently with attendance by: Lynda Sheridan of North Grafton, Ma.; Jody Williams of North Oxford, Ma.; Martin and Janes Spears of Beebe; Chloe Wilson of Lonoke; Don and Sissie Jones; Bill and Ann Guthrie; and Donna Smith of Mountain View; Brenda, Vickie and Ellie Meeks of Hot Springs; Barbara Johnson of Pine Bluff; Jesse, Aleshia and Jadan Hogue of Vilonia; Malynda Hogue of Monticello; Stew, Anna and Grady Ballard of Fordyce; Calvin and Audie Grubby of Garland, Texas; Eddie Grubbs, Courty Grubbs, Chrass II, Jacob, Luke and Mason Gortham of Plano, Texas; Sharon Thompson, Ann Whittington, Opal Kimbrell, Tommy and Lynda Butcher, Jacob, Nathan, Jeff and Lynn Wilson; Karen Bell Fox; Colby Rauls and family; Ronald and Martha Thompson, all of Rison. Additionally, Lynda Sheridan of North Grafton, Ma., and Jody Williams of North Oxford, Ma. visited with Ronald and Martha Thompson and Tommy and Lynda Butcher. Caitlyn Thompson of Magnolia spent several days with Ronald and Martha Thompson, Sharon and Kace Thompson.

News Briefs

Rison Class of 1966 Lanwood, Risonian CASA Razorback Club Taking Fruit Drawing Oct. 28 Reunion Oct. 22 Court Appointed Special AdvoRISON - The Rison High Orders Until Nov. 1 cates for Children (CASA) is sponSchool Class of 1966 will have its 50th reunion Saturday, Oct. 22, at the Traveler on Pumpkin Hill Road. There will be live entertainment beginning at 3 p.m. and a catered meal beginning at 6 p.m. Bring your lawn chairs, beverages and desserts of choice. Cost per couple is $60 and may be mailed to John Blanchard, P.O. Box 855, Rison AR 71665. For more information contact John Blanchard at (870) 6921237 or Jerry Spakes (501) 8375466.

Towery Cousins Gather Again

By Norma McCoy We just happen to think our Towery cousins are rather unique in that we still get together annually and enjoy every minute of it. Oh the stories that are told and memories shared while making new ones. Thomas Mitchell has the perfect place for our gathering, wide open spaces {horse ranch} in Sheridan, AR. Once again he and Jody set the example of perfect host and hostess!! A great time of fellowship and scrumptious food! Those attending on October 8, â&#x20AC;&#x2DC;16 included: Martha Cook, Preston Towery, Jimmy and Michelle Reaves, Tully and Norma Faye McCoy, Trenna Kemp, Linda Towery Boyter, Diana Harton, Pam and Larry Peterson, Dale and Jean Pharr, Mitchell, Jessica and Dallas Hamilton, Suzette Goodman, Ginger Comeaux, Ila B. Towery McKeever, Sherra Sue Hamilton, Jen Hamilton and Hollie, Mary and Glynn Langford, Randy Merritt, Lance, Courtney, Sawyer and Stetson Hamilton, No one was saying goodbye â&#x20AC;&#x153;just see you next year the Lord willingâ&#x20AC;?! Cleveland County Herald Your County Newspaper Since 1888

RISON - The Lanwood-Risonian Civic/Social Club has announced its annual fruit sale fundraiser with orders being taken through Nov. 1. Fruit for sale includes: navel oranges, grapefruit, tangelos, and mandarin oranges. All fruit are sold in 10 and 20-pound boxes, with the exception of mandarin oranges, sold as a 10-pound carton of two five-pound bags. 10-pound boxes are $23 and 20-pound boxes are $29. Mandarin oranges are $26. Specialty boxes containing 36 pieces of fruit are $39. Options are Citrus Delight (navels, grapefruit and tangelos) and Triple Charmer (navels, grapefruit and apples). To place an order contact any of the following club members: Andrew or Edna Roshell 870-325-6526; Jametta or Lee Harper 870-325-7667; Penny or Cora Morris 870-325-6868; Ozella Lee 870-329-9884; Lucille Brown 870-413-6131; Bettie Young 870-325-7989; Andrew Roshell III 870-325-7106; Michael Barnett 870-325-6135; Thomas Young 870-325-6815; Sheila Jackson 870-325-6586; Jeanette Henry 870-395-1882; Katrina Mason 870-370-3712 or Patricia Bell 870-692-2169.

soring a giveaway to win two tickets to see the Arkansas Razorbacks play the LSU Tigers Saturday, Nov. 12 in Fayetteville. You could also win a $50 Exxon gas card, one night stay at Simmons Suites in Bentonville, and dinner for two. To purchase a ticket, you can make a $2 donation to CASA, or get three tickets for a $5 donation. The drawing will be held Friday, Oct. 28. For more information, contact (870) 352-8846 or (870) 250-9366.

HedgeDwellers To Serve Chili, Soup Friday Before Game

RISON - The HedgeDwellers will serve chili and soup this Friday night before the game for donations. Serving begins at 5:30 p.m. in the superintendentâ&#x20AC;&#x2122;s parking lot.

The Cleveland County Herald has a new email address: contact@clevelandcountyherald.com

â&#x20AC;&#x153;Thank you for your VOTE and support on the March 1st election AND for your continued support for the November 8th election.â&#x20AC;? ~James McMenis VOTE

JAMES MCMENIS

Spay, Neuter Clinic For Cats Oct. 2527 In Monticello

The Humane Society of Southeast Arkansas, in cooperation with 4 West Veterinary Clinic, will sponsor a spay and neuter clinic for felines/cats Oct. 25-27; Dr. Douglas Mullins, DVM, has announced. The cost is $30 male or female. A current rabies shot is required by state law before surgery. Rabies shots are $8. To make an appointment, call 870-367-2469. 4 West Veterinary Clinic is located at 120 Greenfield Drive in Monticello.

FAIR BOARD RECEIVES GRANT - The Cleveland County Fair Association recently received a $4,000 grant to purchase appliances for the county fair kitchen and concession buildings. Picutred are (left to right) Fair Board President Roger McClellan, Senator Bobby Pierce, Cleveland County Judge Gary Spears and Rural Services Director Alex Johnston.

ASSOCIATE JUDGE ARKANSAS COURT OF APPEALS, DISTRICT 5

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Education: t#BDIFMPST%FHSFF 0#6 t-BX%FHSFF 6PG"SLBOTBT t.BTUFSTPG.JMJUBSZ-BX t.BTUFSTPG-BX 6PG7JSHJOJB McMenis for Judge PO Box 7, Smackover, AR 71762 870-725-4629 | 870-866-4428

Has practiced in ALL divisions of the Circuit Court. Supports Arkansas and U.S. Constitutions and the Bill of Rights.

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• Cleveland County Herald, October 19, 2016 - page 13A •

Thank You Cleveland Co. Veterans! Attend The First Annual Veterans Appreciation Dinner

Nov. 5, 2016

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Judge

Army Joseph Lunsford Ira Benjamin Hall Arthur Leon Manus J.H. Creed Huey Morgan Harvey Benton George Spakes James Gibson Boston McCleod James Langford Tracy J. Valentine Raymond J. Leopard C. Raymond Aud Victor Hall R.B. Rauls Paul Parker Carl W. Nowlin Buck W. Nowlin Allen Nowlin J.R. Spakes James “Hop” Pennington Coach Carl Jones Troy P. Miller Louis William Bohlmann Joseph Alvie Leopard Bertam Wilson Guy Phillips R.L. Jacks Clarence E. Parker, Sr Bernice Patrick Dewey Brown Asa Hopper, Jr. L.T. Marks Claude “Jim” Creed Jack Greenham Henry R. Anderson James Wheeler Rauls Herbert Dewey Stover Luther D. Cummings Elmer E. Cummings William Vance Gray Havis T. Gray Clyde St. John Lloyd W. King Earl Fanklin Koon Corbert Murrell James S. Gibson Noah Franklin Reed Harvey A. Wilson Edgar Wooley John R. Woodworth Royce Landon Lain Marshall Featherstone Charles E. Parker Louie C. Parker Corbett F. Murrell Harold M. Raymer Roy V. Wilson Z.T. Coats J.W. Jaggars R.M. Crane John H. Taylor Charles D. Waldrop William Holmes Tomlinson Hugh Pat Tomlinson Charles C. Pittman Joseph C. Pittman John A. Hosty

Joseph G. Holmes Jimmy L. Drye Sr. John Thomas Lain Charles Millard Lain Albert Jonathan Caudle Velma Nathaniel Caudle Earnest Holmes, Sr. James E. Whittington Nickey Albert James Dewey C. Cash Ora B. Valentine Troy D. Valentine Lowery R. Valentine Erwin Thomas Mayberry Paul W. Stocker, Sr. Henderson Cuba Otis Hall Ralph C. Kitchens James “Sam” Jones Sam Henry Morris Kenneth S. Stewart Otis Richardson Charles Ray Billings Earnest H.A. Boehn Robert Stanley Aud Joe Layton Baggett Clinton K. Baggett Sam M. Baggett Edward F. Walls James T. Brown Alex H. Kimbrell Raymond Phillips Woodrow Phillips James B. Morgan Floyd Edward Adams Marvin “Buck” Terry Buck Terry (Calvary) Doyle Herbert Roberts William David Roberts James D. Thomasson Robert A. Thomasson Billy H. Thomasson William “Bill” Bass, Jr. Garvin Reed Rufus Walton Peters Houston Randolph Ray Victor Rawls William Ray Austin Calvin N. Terry Malcom Earl Hall Mack Riggins Robert Glenn Harvill Elbert C. Hyatt Harvey Benton Earnest H. Harvill John M. Hollis T.E. Neely Albert “Bud” McClain Wayne Spakes Roy Woodrow Works E.F. Jack Andrews Herman J. Marconi James G. Cooper Oscar Glover Culpepper, Jr. Army AIr Corps John E. Brewster Jack England D.C. Blanchard Roy A. Martin Charles Humphries J.W. Rodgers Bennie Rodgers William Pat Beason James W. Nowlin Floys A. Taylor N.A. McKinney Virgina Raridan Herman H. Ward John H. Ruth Charles C. Offutt John Walter Elrod James D. Vontungeln James L. Waldrop Robert J. Waldrop Cordy A. Ramer, Jr. Elbert A. Parker Wallace B. Hobson Thomas A. Morgan Audis W. Barringer Samuel W. Owens Thomas Henry Peters Hughgene “Bill” Willis Grady Lee Parnell, Sr. John James Wallace Owen C. Bowlin mArInes Niles Norwood William D. Vontungeln Francis Kelly Ross Jamie Lee Billings Warren I. Tainter, Sr. A.J. Huntley R.C. Kimbrell Joe A. Calabretta nAvy Walter C. May Calvin “Bo” Fore Lonnis Wilson James Post Vernon Brewster Charlie Van Jones Buddy Hall Hugh Miller William Bill Box Harvie Malcom Attwood Rosoe Attwood James Leon Phillips Marvin M. Harris, Sr. Grady S. Nowlin Travis Fred Reed James S. Granderson Hershel Glenn Nowlin Rufus Wilson Earnest D. Irwin E.F. McKinney P.L. McKinney Ray Puckett Lavon “Buddy” Stover James P. Morgan James Ted Pennington Vester W. Creed James P. McClellan

James “Jim” Thompson Danny Gilbert Johnson Aubrey Wayne Smith I.W. “Bill” Kilpatrick Wiley Wayne Todd John David Vontungeln David E. Acklin mArInes Robert Edison Boyd Howard Michael Boyd Paul Stanley Boyd Dwight E. Burns A.J. Huntley Boyce Leon Grist Gene Harrison Kimbrell Johnny T. Kimmer Randall D. Jacobs Samuel T. Briant Elbert Lee Stover R. Craig Potter Freddie Lee Candle Craig Potter Rager J. Carter Gerald D. Cummings Wayne Cates Arn J. Brown Mark Motsinger Danny D. Best Lloyd W. Patrick Army Thomas C. Wilson Jerry W. Taylor Benny R. Taylor Tom Taylor Wiley R. Taylor John D. Young Jimmy R. Johnson George Brandon Joseph L. Maricello, Jr. Bruce A. Bohlmann Johnnie L. Trammell George L. Fox Thomas L. Mitchell Lamar Jennings Jerry D. Patrick M.T. McKinney Charles R. Baggett * Freddy Thacker * Tim May Dennis D. Duran Charles D. McCurry Rex Fore Larry Hall Danny Lee Jacks Bill Gray Jim Glover Raymond L. Aud Paul L. Martin Ronald Clayton, Sr. David “Bud” Phillips Jimmie E. Lockhart Clarence E. Parker, Jr. Jesse Hill vIetnAm WAr Cleve W. Reed, Jr. KoreAn WAr Ben H. Gray AIr ForCe Raymond Cummings Army William James Boyd Leon Clements Leon Kimbrell Samuel M. Sinks, Jr. Thomas Curry D.H. Kimbrell Donald Lee Troutman Gene Franklin C. Jack Rice Pat H. Stewart Jim Phillips James G. Cooper Gene Thompson Royce Landin Lain James Ball, Jr. James Edward Caudle Carlton E. Rhodes, Sr. Ray E. Morrison Charles Frank Caudle John R. Jaggars Samuel M. Sinks, Jr. Hugh Paul Davis Allen D. Wilson Charles O. Anderson Jimmie Dale Boyd Robert E. Long Craig Potter Robert Leon Boyd Kenneth W. Taylor Sam Henry Morris Ricky Henderson Robert Rhodes Floyd N. Patrick Tommy Lawrence Edward Bugs Andrews Alfred Dale Cummings, Sr. Charles Clay Lester McCann Ralph Morris Baggett Glenn V. Langford James “Buddy” Smith Charles Ulachious Jones Ralph C. Williams “Pappy” Marvin R. Graves Cecil Clifton Billings Vance A. Boehn James E. McKinzie Elmer Glen Wall Jimmie L. Drye, Jr. James Lindsey Dewey G. Hipps Jimmy Dale Peden Spencer Perry Aud Richard Smart, Jr. Jesse Hill Marion D. “Stewart” Theodis Jones Havis Houston Hyatt Johnson Milton E. Woodell John D. Brandon Lohen David Baggett Billy K. Talent Vernon R. Dollar Leslie Mark Baggett Bobby Lee Price Don Martin Raymond D. Wall Cade H. Knowles Dale Motsinger Marvin Edgar Bonner Otis Bell, Jr. Allen Haymond John Kleiner Lester Duncan Peters George R. Hamilton James R. Palmer Leo McCoskey, Jr. Joe L. Bottom Moses Luther Early William B. Neel Raymond Ruelle James Wade, Jr. Elbert J. Wilson William Juckett James Darrough Joel Robert Dixon, Jr. Leonard A. Peterson Thomas James Blackwell Bobby Lee Vinson James Rundel Raymond N. Blackwell Delmar Fultz Rick Holleman Charles W. Blackwell Billy Bert Bowlin Colleen Holleman Arthur Lee Ross Louis Malvin Hudson Gerald Brown Claude Cheshire, Jr. J.H. Vontungeln, Jr. Winburn Pat Beason McClenton Hill, Jr. Edward Clark Lawrence Tucker Paul W. Stocker, Jr. Billy G. Stewart nAvy Albert L. Stocker, Sr. Argus L. Pennington Charles A. Miller Lavern Stocker Charles O. Anderson Wilbert H. Johnson, Sr. Benny R. Stocker Joseph Alvie Leopard Kenneth R. Mercer Robert Cuba, Sr. Ira E. “Gene” Cash Bruce T. Brown William H. Tomlinson Freddie a. Childress Rickey Fore Hugh Pat Tomlinson Ralph Jacks Robin Hall Patrick Lee Tomlinson James Jacks Randy Hall William H. Holmes Lovie A. King James T. Yarbrough Louis W. Knowles James H. Jacks Rickey Wilson Wanda Gail Collins Billy Wingard Bobby J. Davis Billy James Knowles Royce Landon Lain John Graves Benny Jack Knowles Carlton E. Rhodes, Sr. Skipper Hipp Steven Franklin Gray Billy Jaggars James K. Cummings Billy J. Young Billy R. Vontungeln Rickey L. Holderfield L. Gene Franklin J.H. Vontungeln Jerry Post William O. Hamilton William H. Tomlinson Don Noel Gavin Donnie L. Roberts Hugh Pat Tomlinson William R. Dollar Jimmie Don Rawls Veo Lightsey Perry W. Moore Ronnie Don Rawls Buddy Allison Walter Bruce Clayton Chris Dugan Rawls Edwin Clark Raymond M. Crane John Terry Johnson Marvin King Gary W. Howard Pete S. Neel James Brown Alfred Dale Cummings, Sr. Dean E. Neel Emerson Jackson J.D. Ward Walter “Sam” Smith Harbert Sonderson Sam Austin Miller Jeff Shields, Jr. Robert K. Langford Larry James Barnett Michael Marshall, Sr. Billy Gene Stewart David M. Butcher Paul W. Scarbrough Cade Knowles Michael H. Tomlinson Jessie K. Roberts Thomas Tillman Gray Holmes II George “Bully” Johnson Billy R. Vontungeln Howard “Skipper” Hipp II Dallas Hal Valentine William G. Sadler Cecil Puckett Herbert W. Puckett William “Dubb” Gray James Rodger Vent Marvin E. Keith James Marion Neal Archie D. Neal William “Bill” McClain George N. Holmes Joe Holmes Raymond Moss Charles Wilson Torrence Jabie H. Post Carlton E. Rhodes, Sr. T.E. “Buddy” Jaggers Hershel L. Mitchell J.H. Vontungeln, Sr. Roscoe E. Vontungeln Jones E. Waldrop Jack H. Pittman Winston O’Nowlin Manry Mark Thomas Manry Walter Smith, Jr. Ramon Greenwood Leonard Edgar Bonner Carl Mitchell John Paul Mitchell Henry Jones Charles Millard Lain Nelson Wade Willie Jaggers Ira E. Hankins Alex Ray Dykes Charles Cecil Baggett William Parkey Billings Inex Kelley Billings Grover L. Sims Horace Burford, Jr. Clyde Burford Curtis Burford Harvey M. Morgan Wilson M. Bryant Fred Leo Davis Gilbert Holmes Johnson Charles Wilson Torrence Elmer M. Green Silas Johnson J.D. Bowlin Bertis G. Works Charles H. Small Bert E. Johnson W.C. Austin seAbees Jabie Post CoAst GuArd Jones Morrison Brauner Frank Lain James Floyd Hobson Joseph Victor Parrott J.C. Rawls medICAl Jean Ripling (Nurse)

Walter “Sam” Harris James C. Brown Johnnie L. Trammell Carter Jaggers Bruce Alton Greenlee AIr ForCe Bobby Dan Small James Walter Gavin Martin John Karlovic David Hobson James Ellis Via Roy E. White Pat H. Stewart Don Gray Thurman Victor Leon Gracie Jimmie Don Rawls Charles C. Hobson James McRae, Sr. Allen Haymond James Coy McRae John H. Ruth Sam Nealy Post Larkin Brown James D. Vontungeln Ronald D. Thompson Jim Ed Attwood Winburn Pat Beason Bobby E. Taylor George Rodgers Harris Hugh Carson Cash Booker T. Watkins Daniel Cuba, Sr. mArInes Bobby L. Lewis Billy Ray Gavin R.L. Buster Cole A.J. Huntley Gerald D. Cummings Joe Rawls Arn J. Brown Russell Lee Cole nAvy Grady William Kimbrell W.C. Austin William Edward Huntley Trent Rhodes Rufus D. Rhodes James “Jim” Thompson Bruce Willis Harris Jerry Lee West Harold Sims Edward J. Cope Travis Massey Don Massey Leland R. Flynn Jack H. Pittman Jerry Lee West Jewel Wilson Gerald Norton Robert A. Norton Billy Parker Bobby Davis

Thank you for your service!

Paul E. Grist Garland E. Yarbrough B.J. Johnson Johnnie Johnson Bill Tanner * Killed in the line of duy.

mIddle eAstern WArs AIr ForCe Johnathon Ruelle Joshua Stewart Rodney B. Reed Kevin Lain Wooley William P. Tomlinson Richard C. Holmes Steven Patrick Boyd Bryan Scott Clevenger Warren I. Tainter, Jr. Daniel E. Tainter Michael Hunzicker Mark Young James W. Whittington Thomas Lynn Mayberry Patricia J. Keegan Billy J. Duncan mArInes Barry Scott Greenlee Tony L. Duncan (Kosovo) Jeff McKinney Stanly Early Howard “Bo” Hipp III Colby Taylor Stephen Christopher Fraim James F. Parnell Jerry James McCluskey Madison Lee McClellan Kac Marie Thompson Jesses D. Hogue Jimmy Cummings George N. Holmes nAvy Rikki Rowland Greg Rowland R. Keith Hamilton George Kelley Holt Lance A. Neel Benjamin Budesilich Erik Levin John T. Taylor George Kelly Holt Ray S. Vallance Monique Young Michael A. Lee Army David Dixon Kenneth Wayne Barnett James L. Cherry Andrew Roshell III Jeffrey C. Wilson Robert G. Whipple James Thomas Harvill, Jr. Stuart K. Rogers Shannon Scott Neal Michael Duke Young Loletia Ineta Terry Timothy Young Nadine Lajewel Young Joshua A. Lambert Anthony Smith James Allen Smith Jr. Donald Roshell Stephen Anthony Jones John F.K. Jones Barry Jerome McGhell Michael Anthony McLemore L. Gene Franklin Donnie L. Roberts James Robert Lea David Anthony Boyd Jarrett Boyd Lea David L. Sanderford Clarence E. Parker III Christy M. Parker Joel Robert Dixon, Jr. Michael Marshall, Jr. Robert Robinson Thomas C. Butcher John David Todd James C. Todd Russell M. White, Jr. John F.K. Jones Deborah L. Ruelle James W. Miller Justin H. Wilson Lance Hamilton Barbara Rundel Bruce T. Brown Bruce Scott Brown Lindall P. Mitchell Larry Gwinn Roger Lee McClellan Gene Franklin Richard E. Long Vincent Henderson Bart C. Thompson

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• Cleveland County Herald, October 19, 2016 - page 14A •

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• Cleveland County Herald, October 19, 2016 - page 1B •

Public Notice ISSUE NO. 4 VOTES WILL NOT BE COUNTED DUE TO COURT ORDER NOTICE FOR CONSTITUTIONAL AMENDMENT PROPOSED BY PETITION OF THE PEOPLE Issue No. 4 NOTICE TO THE PUBLIC Pursuant to Article 5, Section 1, of the Arkansas Constitution (Amendment 7) and Ark. Code Ann. § 7-9-113, a constitutional amendment proposed by petition of the people will appear on the November 8, 2016 ballot as Issue No. 4. Each elector upon voting his/her ballot shall vote for or against this amendment. The Popular Name, Ballot Title, and complete text for the proposed constitutional amendment follows. Issue No. 4 (Popular Name) An Amendment to Limit Attorney Contingency Fees and NonEconomic Damages in Medical Lawsuits (Ballot Title) AN AMENDMENT TO THE ARKANSAS CONSTITUTION PROVIDING THAT THE PRACTICE OF CONTRACTING FOR OR CHARGING EXCESSIVE CONTINGENCY FEES IN THE COURSE OF LEGAL REPRESENTATION OF ANY PERSON SEEKING DAMAGES IN AN ACTION FOR MEDICAL INJURY AGAINST A HEALTH-CARE PROVIDER IS HEREBY PROHIBITED; PROVIDING THAT AN EXCESSIVE MEDICAL-INJURY CONTINGENCY FEE IS GREATER THAN THIRTY-THREE AND ONE-THIRD PERCENT (33 1/3%) OF THE AMOUNT RECOVERED; PROVIDING THAT, FOR THE PURPOSES OF CALCULATING THE AMOUNT RECOVERED, THE FIGURE THAT SHALL BE USED IS THE NET SUM RECOVERED AFTER DEDUCTING ANY DISBURSEMENTS OR COSTS INCURRED IN CONNECTION WITH PROSECUTION OR SETTLEMENT OF THE MEDICALINJURY CLAIM; PROVIDING THAT THIS LIMITATION SHALL APPLY WHETHER THE RECOVERY IS BY SETTLEMENT, ARBITRATION, OR JUDGMENT; PROVIDING THAT THIS LIMITATION SHALL APPLY REGARDLESS OF THE AGE OR MENTAL CAPACITY OF THE PLAINTIFF; PROVIDING THAT THE PROHIBITION OF EXCESSIVE MEDICAL-INJURY FEES DOES NOT APPLY TO WORKERS’ COMPENSATION CASES; PROVIDING THAT THE GENERAL ASSEMBLY MAY ENACT LEGISLATION WHICH ENFORCES THIS PROHIBITION, AND THAT IT MAY ALSO ENACT LEGISLATION THAT DETERMINES THE RELATIVE VALUES OF TIME PAYMENTS OR PERIODIC PAYMENTS AND GOVERNS THE CONSEQUENCES AND PENALTIES FOR ATTORNEYS WHO CONTRACT FOR OR CHARGE EXCESSIVE MEDICALINJURY CONTINGENCY FEES; PROVIDING THAT THE GENERAL ASSEMBLY SHALL ENACT A MEASURE WHICH SPECIFIES A MAXIMUM DOLLAR AMOUNT FOR A NONECONOMIC DAMAGE AWARD IN ANY ACTION FOR MEDICAL INJURY AGAINST A HEALTH-CARE PROVIDER, BUT THAT SUCH A MEASURE MAY NEVER BE SMALLER THAN TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000); PROVIDING THAT THE GENERAL ASSEMBLY MAY, AFTER SUCH ENACTMENT, AMEND IT BY A VOTE OF TWO-THIRDS OF EACH HOUSE, BUT THAT NO SUCH AMENDMENT MAY REDUCE THE MAXIMUM DOLLAR AMOUNT FOR A NON-ECONOMIC DAMAGE AWARD IN ANY ACTION FOR MEDICAL INJURY AGAINST ANY HEALTH-CARE PROVIDER TO LESS THAN TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000); PROVIDING THAT THE SUPREME COURT SHALL ADJUST THIS FIGURE FOR INFLATION OR DEFLATION ON A BIENNIAL BASIS; AND PROVIDING THAT THIS AMENDMENT DOES NOT SUPERSEDE OR AMEND THE RIGHT TO TRIAL BY JURY. (Text of Proposed Amendment) SECTION 1. Section 3 of Amendment 80 to the Arkansas Constitution is amended to read as follows: § 3. Rules of pleading, practice, and procedure. (A) The Except as provided in subsection (B) of this section, the Supreme Court shall prescribe the rules of pleading, practice, and procedure for all courts; provided these rules shall not abridge, enlarge or modify any substantive right and shall preserve the right of trial by jury as declared in this Constitution. (B) (1) The practice of contracting for or charging excessive contingency fees in the course of legal representation of any person or entity seeking damages in an action for medical injury against a health-care provider is hereby prohibited. (a) An excessive contingency fee is in excess of thirty-three and one-third percent (33 1/3%) recovered. (b) The above limitation shall apply regardless of whether the recovery is by settlement, arbitration, or judgment; the above limitation shall also apply regardless of the age or mental capacity of the person or entity for whom the recovery is made. (c) For purposes of subsection (B) (1) (a), “recovered” refers to the net sum recovered after deducting any disbursements or costs incurred in connection with prosecution or settlement of the claim. Costs of medical care incurred by the plaintiff and the attorney’s office-overhead costs or charges are not deductible disbursements or costs for such purpose. (d) The terms “action for medical injury,” “health-care provider,” and “medical injury” are defined in this Amendment’s addition to Article 5, Section 32 of the state Constitution. (e) The prohibition of excessive medical-injury attorney fees described in this subsection does not extend to workers’ compensation cases. (B) (2) The General Assembly’s power to enact laws that prohibit excessive contingency fees includes the subsidiary power to enact laws which govern (a) how the total value or present va1ue of a set of periodic payments should be calculated, (b) how or whether life expectancy or other relevant factors shall be taken into account with respect to those calculations, (c) to what extent the use of total value or present value calculations for such periodic payments shall be required when determining excessive contingency fees, and (d) the consequences and penalties for attorneys who contract for or charge excessive medical-injury contingency fees. (B) (3) The General Assembly shall have power to enforce, by appropriate legislation, the provisions of this section. (B) (4) A rule of pleading, practice, and procedure enacted by law under subdivision (B) (1), (B) (2), or (B) (3) of this section shall supersede a conflicting rule of pleading, practice, and procedure prescribed by the Supreme Court. SECTION 2. Section 32 of Article 5 of the Arkansas Constitution is amended to read as follows: 32. Workmen’s Compensation Laws - Actions for personal injuries. (a) The General Assembly shall have power to enact laws prescribing the amount of compensation to be paid by employers for injuries to or death of employees, and to whom said payment shall be made. It shall have power to provide the means, methods, and forum for adjudicating claims arising under said laws, and for securing payment of same. Provided, that otherwise, except as provided in subsection (b) of this section, no law shall be enacted limiting the amount to be recovered for injuries resulting in death or for injuries to persons or property; and in case of death from such injuries the right of action shall survive, and the General Assembly shall prescribe for whose benefit such action shall be prosecuted. (b) (1) (A) The General Assembly shall enact laws that specify the

maximum dollar amount of non-economic damage awards in a civil action for medical injury brought against a health-care provider. (b) (1) (B) The maximum dollar amount award of non-economic damages specified under subdivision (b) (1) (A) of this section shall be at least two hundred fifty thousand dollars ($250.000) per healthcare provider against whom a judgment is rendered, regardless of whether the health-care provider is a health-care professional or a health-care business. (b) (2) (A) “Action for medical injury” means all actions, including actions for wrongful death, whether based in tort, contract, or otherwise, to recover damages on account of medical injury. (b) (2) (B) “Health-care provider” means either a “health-care professional” or a “health-care business.” (b) (2) (C) “Health-care professional” means an individual providing and billing for health-care services (including a physician, certified registered nurse anesthetist, physician’s assistant, nurse, optometrist, chiropractor, physical therapist, dentist, podiatrist, pharmacist, psychologist, or veterinarian) that is licensed by the state or otherwise lawfully providing professional health-care services. (b) (2) (D) “Health-care business” means an entity providing and billing for health-care services (including a hospital, nursing home, community mental health center, ambulatory surgical treatment center, birthing center, intellectual disability institutional habilitation center, nonresidential substitution-based treatment center for opiate addiction, outpatient diagnostic center, recuperation center, rehabilitation facility, hospice, clinic, or home health-care agency) that is licensed by the state or otherwise lawfully providing healthcare services; and including an owner, officer, employee, or agent of such a health-care business acting in the course and scope of employment in the providing of health care services. (b) (2) (E) “Medical injury” means any adverse consequence or any set of adverse consequences arising out of or sustained in the course of the professional services being rendered by a health-care provider to a patient or resident, whether resulting from negligence, error, or omission in the performance of such services; or from rendition of such services without informed consent or in breach of warranty or in violation of contract; or from failure to diagnose; or from premature abandonment of a patient or of a course of treatment; or from failure to properly maintain equipment or appliances necessary to the rendition of such services; or otherwise arising out of or sustained in the course of such services. (b) (3) (A) The General Assembly may, for the purposes of this section, further define “health-care professional” in law, so long as that definition includes the categories listed in section (b) (2) (C). (b) (3) (B) The General Assembly may, for the purposes of this section, further define “health-care business” in law, so long as that definition includes the categories listed in section (b) (2) (D). (b) (3) (C) The General Assembly may, for the purposes of this section, further define “medical injury” in law, so long as that definition includes the categories listed in section (b) (2) (E). (b) (4) (A) By a majority vote of each house, the General Assembly shall enact laws in the 2017 Regular Session implementing subdivision (b) (1) of this section. (b) (4) (B) After enacting the laws as required by subdivision (b) (4) (A) of this section, the General Assembly may amend a law required by subdivision (b) (1) of this section by a two-thirds vote of each house. (b) (4) (C) ln no event shall a law implementing subdivision (b) (4) (A) or (b) (4) (B) of this section violate subdivision (b) (1) (B) of this section. SECTION 3. This amendment does not supersede or amend the right of trial by jury as declared by the Arkansas Constitution. SECTION 4. In January of 2018 and every two years after January of 2018, the Supreme Court of Arkansas shall issue a rule which adjusts the maximum dollar amount of non-economic damage awards for inflation or deflation to the nearest multiple of one thousand dollars ($1,000). The biennal adjustment shall be based upon the Consumer Price Index or a comparable index chosen by the Court; when reasonably possible, the particular index the Court chooses shall remain the same over time. The sole intent and effect of the biennial adjustment shall be to compensate for the effects of inflation or deflation with reasonable precision. SECTION 5. In the event that any section, subsection, subdivision, paragraph, subparagraph, item, sentence, clause, phrase or word of this amendment is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this amendment, which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of this amendment. SECTION 6. This amendment shall be effective on January 1, 2017. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND FIXED THE OFFICIAL SEAL OF THE OFFICE OF SECRETARY OF STATE ON THIS 1ST DAY OF SEPTEMBER, 2016. MARK MARTIN SECRETARY OF STATE STATE OF ARKANSAS ISSUE NO. 5 VOTES WILL NOT BE COUNTED DUE TO COURT ORDER NOTICE FOR CONSTITUTIONAL AMENDMENT PROPOSED BY PETITION OF THE PEOPLE Issue No. 5 NOTICE TO THE PUBLIC Pursuant to Article 5, Section 1, of the Arkansas Constitution (Amendment 7) and Ark. Code Ann. § 7-9-113, a constitutional amendment proposed by petition of the people will appear on the November 8, 2016 ballot as Issue No. 5. Each elector upon voting his/her ballot shall vote for or against this amendment. The Popular Name, Ballot Title, and complete text for the proposed constitutional amendment follows. Issue No. 5 (Popular Name) AN AMENDMENT TO ALLOW THREE CASINOS TO OPERATE IN ARKANSAS, ONE EACH IN THE FOLLOWING COUNTIES: BOONE COUNTY, OPERATED BY ARKANSAS GAMING AND RESORTS, LLC; MILLER COUNTY, OPERATED BY MILLER COUNTY GAMING, LLC; AND WASHINGTON COUNTY, OPERATED BY WASHINGTON COUNTY GAMING, LLC (Ballot Title) An amendment to the Arkansas Constitution authorizing three casinos to operate in Arkansas, one in Boone County, Arkansas, operated by Arkansas Gaming and Resorts, LLC, an Arkansas Limited Liability Company, one in Miller County, Arkansas, operated by Miller County Gaming, LLC, an Arkansas Limited Liability Company, and one in Washington County, Arkansas, operated by Washington County Gaming, LLC, an Arkansas Limited Liability Company, all being subject to the laws enacted by the General Assembly in accord with this amendment and regulations promulgated by the Arkansas Gaming Commission in accord with laws enacted by the General Assembly; defining casino gaming and gaming as dealing, operating, carrying on,

conducting, maintaining, or exposing for play any game played with cards, dice, equipment, or any mechanical, electromechanical, or electronic device or machine for money, property, checks, credit, or any representative value, as well as accepting wagers on sporting events or other events, including, without limiting the generality of the foregoing, any game, device, or type of wagering permitted at a casino operated within any one or more of the States of Louisiana, Mississippi, Missouri, Nevada, Oklahoma, Tennessee, or Texas as of November 8, 2016, or as subsequently permitted thereafter; creating the Arkansas Gaming Commission to regulate casinos in accord with laws enacted by the General Assembly, with the Arkansas Gaming Commission comprised of five (5) commissioners, each appointed by the Governor for staggered 5-year terms; providing for the General Assembly to appropriate monies to or for the use of the Arkansas Gaming Commission; requiring each casino to pay to the Arkansas State Treasury as general revenues a net casino gaming receipts tax equal to eighteen percent (18%) of its annual net casino gaming receipts; requiring each casino to pay to the county in which the casino is located a net casino gaming receipts tax equal to one-half of one percent (0.5%) of its annual net casino gaming receipts; requiring each casino to pay to the city or town in which the casino is located a net casino gaming receipts tax equal to one and one-half percent (1.5%) of its annual net casino gaming receipts; defining annual net casino gaming receipts as gross receipts for a 12-month period from casino gaming less amounts paid out or reserved as winnings to casino patrons for that 12-month period; subjecting each casino to the same income, property, sales, use, employment and other taxation as any for-profit business located in the county and city or town in which the casino is located, except that the Arkansas Gross Receipts Act of 1941 and local gross receipts taxes shall not apply to casino gaming receipts; allowing a casino to operate any day for any portion or all of any day; allowing the selling or complimentary serving of alcoholic beverages in casinos during all hours the casino operates but otherwise subject to all applicable Arkansas laws involving the distribution and sale of alcohol; permitting the shipment into Boone, Miller, and Washington counties in Arkansas of gambling devices shipped and delivered in accordance with applicable federal law (15 USC §§ 1171-1178 and amendments and replacements thereto); rendering the provisions of this amendment severable; declaring inapplicable all constitutional provisions and laws to the extent they conflict with this amendment, but not otherwise repealing, superseding, amending, or otherwise affecting Amendment 84 (bingo or raffles) or Amendment 87 (state lottery) to the Arkansas Constitution, or Arkansas Act 1151 of 2005 (Electronic Games of Skill). (Text of Proposed Amendment) An Amendment to the Constitution of the State of Arkansas adopted by the people of the State of Arkansas: Section 1. Authorizing Casinos and Casino Gaming. Casinos and casino gaming are hereby authorized in the State of Arkansas as provided in this Amendment. The Arkansas General Assembly shall from time to time enact laws, and appropriate monies to or for the use of the Arkansas Gaming Commission created under section 2 of this Amendment, to fulfill the purposes of this Amendment. Initial laws and appropriations enacted by the General Assembly pursuant hereto shall be in full force and effect no later than June 30, 2017. A casino means a facility where casino gaming is conducted as authorized by this Amendment. Casino gaming means to deal, operate, carry on, conduct, maintain, or expose for play any game played with cards, dice, equipment, or any mechanical, electromechanical, or electronic device or machine for money, property, checks, credit, or any representative value, as well as to accept wagers on sporting events or other events. The term casino gaming includes, without limiting the generality of the foregoing, any game, device, or type of wagering permitted at a casino operated within any one or more of the states of Louisiana, Mississippi, Missouri, Nevada, Oklahoma, Tennessee or Texas as of November 8, 2016, or as subsequently permitted thereafter. For purposes of this Amendment, gaming means the same thing as casino gaming. Section 2. Commission Created - Members - Powers. There is hereby created the Arkansas Gaming Commission. The regulation of the casinos authorized by this Amendment, and the administration of the laws pertaining thereto, are hereby vested in the Arkansas Gaming Commission. The Arkansas Gaming Commission shall from time to time adopt regulations to regulate casinos and casino gaming in Arkansas in accord with laws enacted by the General Assembly. Initial regulations adopted by the Arkansas Gaming Commission shall be in full force and effect no later than March 31, 2018. The Arkansas Gaming Commission shall be comprised of five Commissioners, all of whom shall be appointed by the Governor. The first Commissioners of the Arkansas Gaming Commission shall be appointed no later than July 31, 2017, by the Governor for terms of one, two, three, four, and five years, respectively. The terms of the persons so appointed shall be determined by lot. Upon the expiration of the foregoing terms of said Commissioners, successors shall be appointed by the Governor for terms of five years. Any vacancy arising in the membership on the Arkansas Gaming Commission for any reason other than the expiration of the regular term for which the Commissioner was appointed shall be filled by appointment by the Governor, to be thereafter effective until the expiration of such regular term. The Governor shall have the power to remove any Commissioner for cause only, after notice and hearing before the Arkansas Gaming Commission. Such removal shall become effective only when approved in writing by a majority of the total number of the Commissioners, but without the right to vote by the Commissioner removed or by the successor Commissioner, which action shall be filed with the Secretary of State together with a complete record of the proceedings at the hearing. An appeal may be taken to the Pulaski County Circuit Court by the Governor or the Commissioner ordered removed, and the same shall be tried de novo on the record. An appeal may be taken from the Circuit Court to the Arkansas Supreme Court, which shall likewise be tried de novo. Section 3. Authorized Locations and Licensees. Casinos allowed under this Amendment shall be limited to no more than one casino in each of the following Arkansas counties and shall be operated by designated licensees as follows, with all licensees hereunder being subject to the laws enacted by the General Assembly in accord with this Amendment and regulations promulgated by the Arkansas Gaming Commission in accord with laws enacted by the General Assembly: a. Boone County, operated by Arkansas Gaming And Resorts, LLC, an Arkansas limited liability company, its successors or assigns; b. Miller County, operated by Miller County Gaming, LLC, an Arkansas limited liability company, its successors or assigns; and c. Washington County, operated by Washington County Gaming, LLC, an Arkansas limited liability company, its successors or assigns. Section 4. Taxation. Each casino shall pay an annual net casino gaming receipts tax equal to eighteen percent (18%) of its annual net casino gaming receipts to the Arkansas State Treasury as general revenues. Each casino shall pay an annual net casino gaming receipts tax equal


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Public Notice to one-half of one percent (0.5%) of its annual net casino gaming receipts to the county in which the casino is located. Each casino shall pay an annual net casino gaming receipts tax equal to one and one-half percent (1.5%) of its annual net casino gaming receipts to the city or town in which the casino is located. Annual net casino gaming receipts are defined as gross receipts for a 12-month period from casino gaming, less amounts paid out or reserved as winnings to casino gaming patrons for that 12-month period. Amounts paid out or reserved as winnings to casino gaming patrons and the annual net casino gaming receipts taxes paid or reserved are deductible for purposes of calculating the casino’s net income under the Income Tax Act of 1929 (Ark. Code Ann. §§ 26-51-101 et seq.) and any amendments or replacements thereto. The tax imposed by Arkansas Gross Receipts Act of 1941 (Ark. Code Ann. §§ 26-52-101 et seq.), any amendments or replacements thereto, and any related local gross receipts taxes, shall not apply to casino gaming receipts, and no additional tax on casino gross receipts shall be imposed by the State or by counties, municipalities or other units of local government. Except for the exclusion in the previous sentence, each casino shall be subject to the same income, property, sales, use, employment or other taxation or assessments as any for-profit business located in the county and city or town in which the casino is located. No additional State or local taxes, fees, or assessments shall be imposed on the casinos except as authorized in this Amendment. Section 5. Other Operational Provisions. Casinos may operate any or all days of the year and for any or all portions of a 24-hour day. Casinos shall be permitted to sell alcoholic beverages or provide complimentary servings of alcoholic beverages during all hours in which the casino is operating. Casinos shall be subject to all applicable Arkansas laws involving the distribution and sale of alcohol that do not conflict with the previous sentence. Section 6. Legal Shipment of Gambling Devices into State. All shipments of gambling devices, including slot machines, into any county of this State within which casino gaming is authorized, the registering, recording, and labeling of which have been duly performed by the manufacturer and/or dealer thereof in accordance with 15 U.S.C. §§ 1171-1178 and amendments and replacements thereto, shall be deemed legal shipments thereof into any such county of this State within which casino gaming is authorized. Section 7. Severability. If any provision of this Amendment, or the application of any such provision to any person or circumstance is held invalid, the validity of any other provision of this Amendment, or the application of such provision to other persons and circumstances, shall not be affected thereby, and to this end the provisions of this Amendment are declared to be severable. Section 8. Inconsistent Provisions Inapplicable. All provisions of the Constitution of this State and statutes of this State, including, but not limited to, laws forbidding the judicial enforcement of gambling debts and statutes declaring gambling to be crimes, to the extent inconsistent or in conflict with any provision of this Amendment are expressly declared null and void as to, and do not apply to, any activities allowed under this Amendment. However, this Amendment does not repeal, supersede, amend, or otherwise affect Amendment 84 (bingo or raffles) or Amendment 87 (state lottery) to the Arkansas Constitution, or Act 1151 of 2005 (electronic games of skill) (Ark. Code Ann. § § 23-113-101 et seq.). IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND FIXED THE OFFICIAL SEAL OF THE OFFICE OF SECRETARY OF STATE ON THIS 1ST DAY OF SEPTEMBER, 2016. MARK MARTIN SECRETARY OF STATE STATE OF ARKANSAS NOTICE FOR CONSTITUTIONAL AMENDMENT PROPOSED BY PETITION OF THE PEOPLE Issue No. 6 NOTICE TO THE PUBLIC Pursuant to Article 5, Section 1, of the Arkansas Constitution (Amendment 7) and Ark. Code Ann. § 7-9-113, a constitutional amendment proposed by petition of the people will appear on the November 8, 2016 ballot as Issue No. 6. Each elector upon voting his/her ballot shall vote for or against this amendment. The Popular Name, Ballot Title, and complete text for the proposed constitutional amendment follows.. Issue No. 6 (Popular Name) The Arkansas Medical Marijuana Amendment of 2016 (Ballot Title) An amendment to the Arkansas constitution making the medical use of marijuana legal under state law, but acknowledging that marijuana use, possession, and distribution for any purpose remain illegal under federal law; establishing a system for the cultivation, acquisition, and distribution of marijuana for qualifying patients through licensed medical marijuana dispensaries and cultivation facilities and granting those dispensaries and facilities limited immunity; providing that qualifying patients, as well as dispensary and cultivation facility agents, shall not be subject to criminal or civil penalties or other forms of discrimination for engaging in or assisting with the patients’ medical use of marijuana; requiring that in order to become a qualifying patient, a person submit to the state a written certification from a physician licensed in the state that he or she is suffering from a qualifying medical condition; establishing an initial list of qualifying medical conditions; directing the Department of Health to establish rules related to the processing of applications for registry identification cards and the addition of qualifying medical conditions if such additions will enable patients to derive therapeutic benefit from the medical use of marijuana; directing the Alcoholic Beverage Control Division to establish rules related to the operations of dispensaries and cultivation facilities; establishing a Medical Marijuana Commission of five members, two appointed by the President Pro Tempore of the Senate, two appointed by the Speaker of the House of Representatives, and one appointed by the Governor; providing that the Medical Marijuana Commission shall administer and regulate the licensing of dispensaries and cultivation facilities; providing that there shall be at least 20 but not more than 40 dispensary licenses issued and that there shall be at least four but not more than eight cultivation facility licenses issued; setting initial maximum application fees for dispensaries and cultivation facilities; establishing qualifications for registry identification cards; establishing standards to ensure that qualifying patient registration information is treated as confidential; directing the Department of Health to provide the General Assembly annual quantitative reports about the medical marijuana program; setting certain limitations on the use of medical marijuana by qualifying patients; establishing an affirmative defense for the medical use of marijuana; establishing registration and operation requirements for dispensaries and cultivation facilities; setting limits on the amount of marijuana a dispensary may cultivate and the amount of marijuana

a dispensary may dispense to a qualifying patient; providing that the Medical Marijuana Commission shall determine the amount of marijuana a cultivation facility may cultivate; prohibiting certain conduct by and imposing certain conditions and requirements on physicians, dispensaries, dispensary and cultivation facility agents, and qualifying patients; establishing a list of felony offenses which preclude certain types of participation in the medical marijuana program; providing that the sale of usable marijuana is subject to all state and local sales taxes; providing that the state sales tax revenue shall be distributed 5% to the Department of Health, 2% to the Alcoholic Beverage Control Administration Division, 2% to the Alcoholic Beverage Control Enforcement Division, 1% to the Medical Marijuana Commission, 10% to the Skills Development Fund, 50% to the Vocational and Technical Training Special Revenue Fund, and 30% to the General Revenue Fund; and permitting the General Assembly by two-thirds vote to amend sections of the amendment, except that the General Assembly may not amend the sections legalizing the medical use of marijuana and setting the number of dispensaries or cultivation facilities allowed. (Text of Proposed Amendment) SECTION 1. The following is added as an amendment to the Arkansas Constitution: § 1. Short title. This amendment shall be known and cited as the “Arkansas Medical Marijuana Amendment of 2016”. § 2. Definitions. As used in this amendment: (1) “Acquire” or “acquisition” means coming to possess marijuana by means of any legal source herein authorized, not from an unauthorized source, and in accordance with this amendment and any rules promulgated under this amendment; (2) “Assist” or “assisting” means helping a qualifying patient make medical use of marijuana by enabling the medical use by any means authorized under this amendment; (3) “Cardholder” means a qualifying patient, a dispensary agent, a cultivation facility agent, or a designated caregiver; (4) “Cultivation facility” means an entity that: (A) Has been licensed by the Medical Marijuana Commission under § 8 of this amendment; and (B) Cultivates, prepares, manufactures, processes, packages, sells to and delivers usable marijuana to a dispensary; (5) “Cultivation facility agent” means an employee, supervisor, or agent of a cultivation facility who: (A) Is twenty-one (21) years of age or older; (B) Works at the cultivation facility; and (C) Has registered with the Alcoholic Beverage Control Division under § 9 of this amendment; (6)(A) “Designated caregiver” means a person who is at least twenty-one (21) years of age, has not been convicted of an excluded felony offense, has agreed to assist a physically disabled qualifying patient with the medical use of marijuana, and who has registered with the Department of Health under § 5 of this amendment. (B) “Designated caregiver” includes without limitation a parent: (i) Of a qualifying patient who is under the age of eighteen (18); and (ii) Required to register as a designated caregiver under this amendment; (7) “Dispensary” means an entity that has been licensed by the Medical Marijuana Commission under § 8 of this amendment; (8) “Dispensary agent” means: (A) An employee, supervisor, volunteer, or agent of a dispensary who: (i) Is twenty-one (21) years of age or older; (ii) Works at the dispensary; and (iii) Has registered with the division under § 9 of this amendment; and (B) An owner, officer, or board member of a dispensary who has registered with the division under § 8 of this amendment; (9) “Enclosed, locked facility’’ means a room, greenhouse, or other enclosed area equipped with locks or other security devices that permit access only by an authorized individual; (10) “Excluded felony offense” means: (A)(i) A felony involving violence. (ii) However, an offense that has been sealed by a court or for which a pardon has been granted is not considered an excluded felony offense; or (B) A violation of a state or federal controlled-substance law that was classified as a felony in the jurisdiction where the person was convicted, but not including: (i) An offense for which the sentence, including any term of probation, incarceration, or supervised release, was completed ten (10) or more years earlier; or (ii) An offense that has been sealed by a court or for which a pardon has been granted; (11) “Medical use” means the acquisition, possession, use, delivery, transfer, or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a qualifying patient’s qualifying medical condition or symptoms associated with the qualifying patient’s qualifying medical condition; (12) “Physician” means a doctor of medicine or doctor of osteopathic medicine who holds a valid, unrestricted, and existing license to practice in the state of Arkansas and has been issued a registration from the United States Drug Enforcement Administration to prescribe controlled substances; (13) “Qualifying medical condition” means one (1) or more of the following: (A) Cancer, glaucoma, positive status for human immunodeficiency virus/acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Tourette’s syndrome, Crohn’s disease, ulcerative colitis, post-traumatic stress disorder, severe arthritis, fibromyalgia, Alzheimer’s disease, or the treatment of these conditions; (B) A chronic or debilitating disease or medical condition or its treatment that produces one (1) or more of the following: cachexia or wasting syndrome; peripheral neuropathy; intractable pain, which is pain that has not responded to ordinary medications, treatment, or surgical measures for more than six (6) months; severe nausea; seizures, including without limitation those characteristic of epilepsy; or severe and persistent muscle spasms, including without limitation those characteristic of multiple sclerosis; and (C) Any other medical condition or its treatment approved by the Department of Health under § 4 of this amendment; (14) “Qualifying patient” means a person who has been diagnosed by a physician as having a qualifying medical condition and who has registered with the department under § 5 of this amendment; (15) “Registry identification card” means a document issued by the department or the division that identifies a person as a qualifying patient, a dispensary agent, a cultivation facility agent, or a designated caregiver; (16) “Sealed” means to expunge, remove, sequester, and treat as confidential the record or records of a felony offense; (17)(A) “Usable marijuana” means the stalks, seeds, roots, dried leaves, flowers, oils, vapors, waxes, and other portions of the marijuana plant and any mixture or preparation thereof. (B) “Usable marijuana” does not include the weight of any ingredients other than marijuana that are combined with marijuana and prepared for consumption as food or drink; (18) “Visiting qualifying patient” means a patient with a qualifying medical condition who is not a resident of Arkansas or who has been a resident of Arkansas for less than thirty (30) days and

who is in actual possession of a registry identification card or its equivalent that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States and pertains to a qualifying medical condition under this section; and (19)(A) “Written certification” means a document signed by a physician stating that in the physician’s professional opinion, after having completed a full assessment of the qualifying patient’s medical history and current medical condition made in the course of a physician-patient relationship, the qualifying patient has a qualifying medical condition and the potential benefits of the medical use of marijuana would likely outweigh the health risks for- the qualifying patient. (B) A written certification shall specify the qualifying patient’s qualifying medical condition, which also shall be noted in the qualifying patient’s medical records. § 3. Protections for the medical use of marijuana. (a) A qualifying patient or designated caregiver in actual possession of a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner or denied any right or privilege, including without limitation a civil penalty or disciplinary action by a business, occupational, or professional licensing board or bureau, for the medical use of marijuana in accordance with this amendment if the qualifying patient or designated caregiver possesses not more than two and one-half ounces (2 ½ oz.) of usable marijuana. (b)(1) A qualifying patient or designated caregiver is presumed to be lawfully engaged in the medical use of marijuana in accordance with this amendment if the qualifying patient or designated caregiver is in actual possession of a registry identification card and possesses an amount of usable marijuana that does not exceed the amount allowed under this amendment. (2) The presumption made in subdivision (b)(1) of this section may be rebutted by evidence that conduct related to marijuana was not for the purpose of treating or alleviating the qualifying patient’s qualifying medical condition or symptoms associated with the qualifying medical condition in accordance with this amendment. (c) A qualifying patient or designated caregiver shall not be subject to arrest, prosecution, or penalty in any manner or denied any right or privilege, including without limitation a civil penalty or disciplinary action by a business, occupational, or professional licensing board or bureau, for giving, or offering to give, up to two and one-half ounces (2 ½ oz.) of usable marijuana to a qualifying patient or designated caregiver for the qualifying patient’s medical use when nothing of value is transferred in return. (d) A designated caregiver is not prohibited from receiving compensation or reimbursement of expenses from a qualifying patient for assisting a qualifying patient with the medical use of marijuana. (e) A dispensary may: (1) Accept marijuana seedlings, plants, or usable marijuana from: (A) Cultivation facilities; (B) Other dispensaries in Arkansas; and (C) If permissible under federal law, out-of-state dispensaries; (2) Transfer or sell marijuana seedlings, plants, or usable marijuana to: (A) Cultivation facilities; (B) Other dispensaries in Arkansas; and (C) If permissible under federal law, out-of-state dispensaries; and (3) Accept marijuana seeds from any individual lawfully entitled to possess marijuana seeds, seedlings, or plants under the laws of the state in which the individual resides. (f)(1) A school or landlord shall not refuse to enroll, refuse to lease to, or otherwise penalize an individual solely for his or her status as a qualifying patient or designated caregiver unless doing so would put the school or landlord in violation of federal law or regulations. (2) For the purposes of medical care, including without limitation organ transplants, a qualifying patient’s authorized use of marijuana in accordance with this amendment is considered the equivalent of the authorized use of any other medication used at the direction of a physician and does not constitute the use of an illicit substance. (3) An employer shall not discriminate against an individual in hiring, termination, or any term or condition of employment, or otherwise penalize an individual, based upon the individual’s past or present status as a qualifying patient or designated caregiver. (g) A person otherwise entitled to custody of, or visitation or parenting time with, a minor shall not be denied custody, visitation, or parenting time solely for conduct allowed under this amendment, nor shall there be: (1) A finding of abuse solely for conduct allowed under this amendment; or (2) A presumption of neglect or child endangerment for conduct allowed under this amendment. (h)(1) A physician shall not be subject to arrest, prosecution, or penalty in any manner or denied any right or privilege, including without limitation a civil penalty or disciplinary action by the Arkansas State Medical Board or by any other business, occupational, or professional licensing board or bureau, solely for providing a written certification. (2) Subdivision (g)(1) of this section does not prevent a professional licensing board from sanctioning a physician for failing to properly evaluate a patient’s medical condition or for otherwise violating the applicable physician-patient standard of care. (i) A person shall not be subject to arrest, prosecution, or penalty in any manner or denied any right or privilege, including without limitation a civil penalty or disciplinary action by a business, occupational, or professional licensing board or bureau, for providing a qualifying patient or designated caregiver with marijuana paraphernalia for purposes of facilitating the qualifying patient’s medical use of marijuana. (j) Any marijuana, marijuana paraphernalia, licit property, or interest in licit property, that is possessed, owned, or used exclusively in connection with the medical use of marijuana as allowed under this amendment, or property incidental to such use, shall not be seized or forfeited. (k) A person shall not be subject to arrest, prosecution, or penalty in any manner or denied any right or privilege, including without limitation a civil penalty or disciplinary action by a business, occupational, or professional licensing board or bureau, simply for being in the presence or vicinity of the medical use of marijuana as allowed under this amendment or for directly assisting a physically disabled qualifying patient with the medical use of marijuana. (l)(1) A registry identification card or its equivalent that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows a visiting qualifying patient to possess or use marijuana for medical use in the jurisdiction of issuance has the same force and effect when held by a visiting qualifying patient as a registry identification card issued by the Department of Health if the same qualifying medical condition exists. (2)(A) A visiting qualifying patient may obtain marijuana from a dispensary upon producing evidence of his or her registry identification card or its equivalent that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States. (B) The department shall promulgate necessary rules concerning a visiting qualifying patient obtaining marijuana from a dispensary. § 4. Qualifying Patient - Administration and Enforcement - Rules. (a)(1) The Department of Health shall administer and enforce the provisions of this amendment concerning qualifying patients, qualifying medical conditions, and designated caregivers, including


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Public Notice without limitation the issuance of a registry identification card to a qualifying patient and designated caregiver. (2) The department shall adopt rules necessary to: (A) Carry out the purposes of this amendment; and (B) Perform its duties under this amendment. (3) Rules adopted under this section are rules as defined in the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) Not later than one hundred twenty (120) days after the effective date of this amendment, the department shall adopt rules governing: (1) The manner in which it considers applications for and renewals of registry identification cards; (2) Labeling and testing standards for marijuana distributed to qualifying patients; and (3) Any other matters necessary for the department’s fair, impartial, stringent, and comprehensive administration of this amendment. (c)(1) Not later than one hundred eighty (180) days after the effective date of this amendment, the department shall adopt rules that govern the manner in which the department considers petitions from the public to add medical conditions or treatments to the list of qualifying medical conditions set forth in § 2 of this amendment. (2) In considering a petition, the department shall add medical conditions or treatments to the list of qualifying medical conditions set forth in § 2 of this amendment if patients suffering from the medical conditions or undergoing the treatments in question would derive therapeutic benefit from the use of marijuana, taking into account the positive and negative health effects of such use. (3)(A) The department shall, after hearing, approve or deny a petition within one hundred twenty (120) days of submission of the petition. (B) The approval or denial of a petition constitutes final agency action, subject to judicial review, and jurisdiction for judicial review is vested in the Pulaski County Circuit Court. (d) The department shall adopt rules within one hundred twenty {120) days of the effective date of this amendment that govern the manner in which a designated caregiver assists a physically disabled qualifying patient or a qualifying patient under the age of eighteen (18) with the medical use of marijuana. § 5. Registry identification cards. (a) The Department of Health shall issue registry identification cards to qualifying patients and designated caregivers who submit in accordance with the rules promulgated by the department: (1) Written certification issued by a physician within thirty (30) days of the application; (2)(A) A reasonable application or renewal fee as established by the department by rule. (B) The department may establish a sliding scale of application and renewal fees based upon a qualifying patient’s family income; (3) The name, address, and date of birth of the qualifying patient or designated caregiver, except that if the applicant is homeless, no address is required; (4) For a designated caregiver application: (A) The name of the physically disabled qualifying patient or qualifying patient under the age of eighteen (18) whom the applicant will be assisting; and (B) Documentation from the qualifying patient’s physician indicating that the qualifying patient is physically disabled or under the age of eighteen (18); (5) The name, address, and telephone number of the qualifying patient’s physician; and (6) A signed statement from the qualifying patient or designated caregiver pledging not to divert marijuana to anyone who is not allowed to possess marijuana under this amendment. (b) The department shall not issue a registry identification card to a qualifying patient who is under eighteen (18) years of age unless: (1) The qualifying patient’s physician has explained the potential risks and benefits of the medical use of marijuana to the qualifying patient and to a parent, guardian, or person having legal custody of the qualifying patient; and (2) A parent, guardian, or person having legal custody: (A) Consents in writing to: (i) Allow the qualifying patient’s medical use of marijuana; (ii) Assist the qualifying patient in the medical use of marijuana; and (iii) Control the acquisition of the marijuana, the dosage, and the frequency of the medical use of marijuana by the qualifying patient; and (B) Registers as a designated caregiver under this amendment. (c)(1) The department shall review the information contained in an application or renewal submitted under this section within fourteen (14) days of receiving it. (2) The department shall deny an application or renewal if the: (A) Applicant previously had a registry identification card revoked; or (B) Department determines the written certification was not made in the context of a physician-patient relationship or that the written certification was fraudulently obtained. (3) Rejection of an application or renewal is considered a final agency action, subject to judicial review, and jurisdiction is vested in the Pulaski County Circuit Court. (d)(1) A registry identification card expires one (1) year after the date of issuance unless the physician states in the written certification that he or she believes the qualifying patient would benefit from the medical use of marijuana only until a specified earlier date. (2) If the written certification specifies an earlier date, the registry identification card shall expire on that date. (f)(1) An application or renewal and supporting information submitted by a qualifying patient or designated caregiver under this amendment, including without limitation information regarding the qualifying patient’s physician, are considered confidential medical records. (2)(A)(i) The department shall maintain a confidential list of the persons to whom the department has issued registry identification cards. (ii) The department may share information from the confidential list under this subsection with the Alcoholic Beverage Control Division and the Medical Marijuana Commission as necessary. Confidential information shared with the division or commission shall remain confidential while in the division’s or commission’s possession. (B) Individual names and other identifying information on the confidential list are confidential, exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq., and not subject to disclosure except to authorized employees of the department, division, and commission as necessary to perform official duties of the department, division, and commission. (3) The department shall verify to law enforcement personnel whether a registry identification card is valid without disclosing more information than is reasonably necessary to verify the authenticity of the registry identification card. (4) A person, including without limitation an employee or official of the department, division, commission, or another state agency or local government, who knowingly breaches the confidentiality of information obtained under this amendment commits a Class A misdemeanor. (g)(1) Except as provided in§ 3 of this amendment, a cardholder who transfers marijuana to a person who is not a qualifying patient or designated caregiver under this amendment shall have his or her registry identification card revoked and shall be subject to any other penalties established by law. (2) The department may revoke the registry identification card of any cardholder who knowingly violates any provision of this

amendment, and the cardholder is subject to any other penalties established by law. (3) This subsection does not prohibit: (A) A qualifying patient or designated caregiver from giving up to two and one-half ounces (2 ½ oz.) of usable marijuana to another qualifying patient or designated caregiver as set forth in § 3 of this amendment; or (B) The transfer of marijuana seedlings, plants, or usable marijuana as set forth in § 3 of this amendment. (h) The department, division, and commission shall submit to the General Assembly an annual report that does not disclose any identifying information about cardholders or physicians but contains at a minimum: (1) The number of applications and renewals filed for registry identification cards; (2) The nature of the qualifying medical conditions of the qualifying patients; (3) The number of registry identification cards revoked and the number of licenses to operate a dispensary and licenses to operate a cultivation facility revoked; (4) The number of physicians providing written certifications for qualifying patients; (5) The number of licensed dispensaries; (6) The number of licensed cultivation facilities; (7) The number of dispensary agents; and (8) The number of cultivation facility agents. § 6. Scope. (a) This amendment does not permit a person to: (1) Undertake any task under the influence of marijuana when doing so would constitute negligence or professional malpractice; (2) Possess, smoke, or otherwise engage in the use of marijuana: (A) On a school bus; (B) On the grounds of a daycare center, preschool, primary or secondary school, college, or university; (C) At a drug or alcohol treatment facility; (D) At a community or recreation center; (E) In a correctional facility; (F) On any form of public transportation; or (G) In a public place; or (3) Operate, navigate, or be in actual physical control of a motor vehicle, aircraft, motorized watercraft, or any other vehicle drawn by power other than muscle power while under the influence of marijuana. (b) This amendment does not require: (1) A government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of marijuana unless federal law requires reimbursement; (2) An employer to accommodate the ingestion of marijuana in a workplace or an employee working while under the influence of marijuana; (3) An individual or establishment in lawful possession of property to allow a guest, client, customer, or other visitor to use marijuana on or in that property; (4) An individual or establishment in lawful possession of property to admit a guest, client, customer, or other visitor who is inebriated as a result of his or her medical used of marijuana; or (5) A landlord to permit a qualifying patient to smoke marijuana on or in leased property, except that a landlord may not prohibit the medical use of marijuana through means other than smoking on leased property by a qualifying patient. § 7. Affirmative defense and dismissal for medical use of marijuana. (a) Except as provided in § 6 of this amendment and this section, an individual may assert a medical purpose for using marijuana as an affirmative defense to prosecution for an offense involving marijuana intended for the individual’s medical use, and this defense shall be presumed valid and the prosecution shall be dismissed where the evidence demonstrates that the individual is: (1) A qualifying patient or a designated caregiver; and (2) In compliance with the conditions set forth in § 3 of this amendment. (b) The defense and motion to dismiss shall not prevail if either of the following are proven: (1) The individual’s registry identification card had been revoked at the time of the alleged offense; or (2) The purposes for the possession of marijuana were not solely for medical use. (c) An individual is not required to be in actual physical possession of a registry identification card to raise the affirmative defense set forth in this section. (d) If an individual demonstrates a medical use of marijuana under this section, except as provided in§ 6 of this amendment, the individual shall not be subject to the following: (1) Disciplinary action by a business, occupational, or professional licensing board or bureau; or (2) Forfeiture of any interest in or right to nonmarijuana, licit property. § 8. Licensing of dispensaries and cultivation facilities. (a)(1) Dispensaries and cultivation facilities shall be licensed by the Medical Marijuana Commission. (2) The commission shall administer and regulate the licensing of dispensaries and cultivation facilities, including the issuance of a: (i) License to operate a dispensary; and (ii) License to operate a cultivation facility. (3) The Alcoholic Beverage Control Division shall administer and enforce the provisions of this amendment concerning dispensaries and cultivation facilities. (b)(1) The commission and division shall each adopt rules necessary to: (A) Carry out the purposes of this amendment; and (8) Perform its duties under this amendment. (2) Rules adopted under this section are rules as defined in the Arkansas Administrative Procedure Act,§ 25-15-201 et seq. (c) The following individuals associated with a dispensary or cultivation facility shall be current residents of Arkansas who have resided in the state for the previous seven (7) consecutive years: (1) The individual(s) submitting an application to license a dispensary or cultivation facility; and, (2) Sixty percent (60%) of the individuals owning an interest in a dispensary or cultivation facility. (d) Not later than one hundred twenty (120) days after the effective date of this amendment, the commission shall adopt rules governing: (1) The manner in which the commission considers applications for and renewals of licenses for dispensaries and cultivation facilities; (2) The form and content of registration and renewal applications for dispensaries and cultivation facilities; and (3) Any other matters necessary for the commission’s fair, impartial, stringent, and comprehensive administration of its duties under this amendment. (e) Not later than one hundred twenty (120) days after the effective date of this amendment, the division shall adopt rules governing: (1) Oversight requirements for dispensaries and cultivation facilities; (2) Recordkeeping requirements for dispensaries and cultivation facilities; (3) Security requirements for dispensaries and cultivation facilities; (4) Personnel requirements for dispensaries and cultivation facilities; (5) The manufacture, processing, packaging, and dispensing of usable marijuana to qualifying patients and designated caregivers; (6) Procedures for suspending or terminating the licenses of dispensaries and cultivation facilities that violate the provisions

of this amendment or the rules adopted under this amendment, procedures for appealing penalties, and a schedule of penalties; (7) Procedures for inspections and investigations of dispensaries and cultivation facilities; (8) Advertising restrictions for dispensaries and cultivation facilities; (9) Procedures for the disposal or other use of marijuana not dispensed to a qualifying patient; and (10) Any other matters necessary for the division’s fair, impartial, stringent, and comprehensive administration of its duties under this amendment. (f)(1) Not later than one hundred twenty (120) days after the effective date of this amendment, the commission shall adopt rules establishing license application and license renewal fees for dispensary and cultivation facility licenses. (2)(A) The initial dispensary application fee shall be a maximum of seven thousand five hundred dollars ($7,500). (B) The initial cultivation facility application fee shall be a maximum of fifteen thousand dollars ($15,000). (g)(1) Not later than June 1, 2017, the commission shall begin accepting applications for licenses to operate a dispensary and cultivation facility. (2) The application shall include without limitation the following: (A) The application fee; (B) The legal name of the dispensary or cultivation facility; (C) The physical address of the: (i) Dispensary, which location may not be within one thousand five hundred feet (1,500’) of a public or private school, church, or daycare center existing before the date of the dispensary application; or (ii) Cultivation facility, which location may not be within three thousand feet (3,000’) of a public or private school, church, or daycare center existing before the date of the cultivation facility application; (D) The name, address, and date of birth of each dispensary agent or cultivation facility agent; and (E) If the city, town, or county in which the dispensary or cultivation facility would be located has enacted zoning restrictions, a sworn statement certifying that the dispensary or cultivation facility will operate in compliance with the restrictions. (2) None of the owners, board members, or officers of the dispensary or cultivation facility: (A) Shall have been convicted of an excluded felony offense; (B) Shall have previously been an owner of a dispensary or cultivation facility that has had its license revoked; and (C) Shall be under twenty-one (21) years of age. (h) The commission shall issue at least twenty (20) but no more than forty (40) dispensary licenses. (i) There shall be no more than four (4) dispensaries in any one (1) county. (j) The commission shall issue at least four (4) but no more than eight (8) cultivation facility licenses. (k) The commission may conduct a criminal records check in order to carry out this section. (1)(1) No individual shall own an interest in more than: (1) One (1) cultivation facility; and, (2) One (1) dispensary. (m)(1) A dispensary licensed under this section may acquire, possess, manufacture, process, prepare, deliver, transfer, transport, supply, and dispense marijuana, marijuana paraphernalia, and related supplies and educational materials to a qualifying patient or designated caregiver. (2) A dispensary may receive compensation for providing the goods and services allowed by this section. (3)(A) A dispensary may grow or possess: (i) Fifty (50) mature marijuana plants at any one (1) time plus seedlings; and (ii) All usable marijuana derived from the plants under subdivision (m)(3)(A)(i) of this section or predecessor plants. (B) A dispensary may contract with a cultivation facility to cultivate one (1) or more mature marijuana plants the dispensary is permitted to grow. (4)(A)(i) A cultivation facility may cultivate and possess usable marijuana in an amount reasonably necessary to meet the demand for and needs of qualifying patients as determined by the commission with the assistance of the Department of Health. (ii) However, a cultivation facility shall not sell marijuana in any form except to a dispensary or other cultivation facility. (B) A cultivation facility may also possess marijuana seeds. (C) The commission with the assistance of the Department of Health shall promulgate rules determining the amount of marijuana reasonably necessary under subdivision (m)(4)(A) of this section. (5) A cultivation facility may receive compensation for providing the goods and services allowed by this section. (n)(1) A dispensary license and cultivation facility license shall expire one (1) year after the date of issuance. (2) The commission shall issue a renewal dispensary license or a renewal cultivation facility license within ten (10) days to any entity who complies with the requirements contained in this amendment, including without limitation the payment of a renewal fee. (o) The commission may charge a reasonable fee as established by rule for the issuance of a renewal license. § 9. Registration and certification of cultivation facility agents and dispensary agents. (a)(1) Cultivation facility agents and dispensary agents shall register with the Alcoholic Beverage Control Division. (2) The division shall administer and enforce the provisions of this amendment concerning cultivation facility agents and dispensary agents, including without limitation the issuance of a: (A) Registry identification card to a dispensary agent; and (B) Registry identification card to a cultivation facility agent. (b)(1) The division shall adopt rules necessary to: (A) Carry out the purposes of this amendment; and (B) Perform its duties under this amendment. (2) Rules adopted under this section are rules as defined in the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (c) Not later than one hundred twenty (120) days after the effective date of this amendment, the division shall adopt rules governing: (1) The manner in which the division considers applications for and renewals of registry identification cards for dispensary agents and cultivation facility agents; (2) The form and content of registration and renewal applications for dispensary agents and cultivation facility agents; (3) Procedures for suspending or terminating the registration of dispensary agents and cultivation facility agents who violate the provisions of this amendment or the rules adopted under this amendment, procedures for appealing penalties, and a schedule of penalties; and (4) Any other matters necessary for the division’s fair, impartial, stringent, and comprehensive administration of its duties under this amendment. (d) The division may conduct criminal records checks in order to carry out this section. (e) Except as provided herein, the division shall issue each dispensary agent and cultivation facility agent a registry identification card within ten (10) days of receipt of: (1) The person’s name, address, and date of birth under this amendment; and (2) A reasonable fee in an amount established by rule of the division. (f)(1) The division shall not issue a registry identification card to a dispensary agent or cultivation facility agent who has been


• Cleveland County Herald, October 19, 2016 - page 4B •

Public Notice convicted of an excluded felony offense. (2) The division may conduct a criminal background check of each dispensary agent or cultivation facility agent in order to carry out this provision. (3) The division shall notify the dispensary or cultivation facility in writing of the reason for denying the registry identification card. (g)(1) A registry identification card for a dispensary agent or cultivation facility agent shall expire one (1) year after the date of issuance. (2) A registry identification card of a dispensary agent or cultivation facility agent expires upon notification to the division by a dispensary or cultivation facility that the person ceases to work at the dispensary or cultivation facility. (h) The division may charge a reasonable fee as established by rule for the issuance of a new, renewal or replacement registry identification card. (i)(1) The division may revoke the registry identification card of a dispensary agent or cultivation facility agent who knowingly violates any provision of this amendment, and the cardholder is subject to any other penalties established by law for the violation. (2) The division may revoke or suspend the dispensary license or cultivation facility license of a dispensary or cultivation facility that the division determines knowingly aided or facilitated a violation of any provision of this amendment, and the licenseholder is subject to any other penalties established in law for the violation. § 10. Dispensary and cultivation facility inspections and requirements. (a) Dispensaries and cultivation facilities are highly regulated by the state, and a dispensary and cultivation facility is therefore subject to reasonable inspection by the Alcoholic Beverage Control Division. (b)(1) This subsection governs the operations of dispensaries and cultivation facilities. (2) A dispensary and a cultivation facility shall be an entity incorporated in the State of Arkansas. (3) A dispensary and cultivation facility shall implement appropriate security measures to deter and prevent unauthorized entrance into areas containing marijuana and the theft of marijuana. (4) A dispensary and cultivation facility shall have procedures in place to ensure accurate recordkeeping. (5) Each dispensary shall keep the following records, dating back at least three (3) years: (A) Records of the disposal of marijuana that is not distributed by the dispensary to qualifying patients; and (B) A record of each transaction, including the amount of marijuana dispensed, the amount of compensation, and the registry identification number of the qualifying patient or designated caregiver. (6) Each dispensary and cultivation facility shall: (A) Conduct an initial comprehensive inventory of all marijuana, including without limitation usable marijuana available for dispensing, mature marijuana plants, and seedlings at each authorized location on the date the dispensary first dispenses usable marijuana or the cultivation facility first cultivates, prepares, manufactures, processes, or packages usable marijuana; and (B) Conduct a biannual comprehensive inventory of all marijuana, including without limitation usable marijuana available for dispensing, mature marijuana plants, and seedlings at each authorized location. (7) All cultivation of marijuana shall take place in an enclosed, locked facility. (8)(A) A qualifying patient or designated caregiver acting on behalf of a qualifying patient shall not be dispensed more than a total of two and one-half ounces (2 ½ oz.) of usable marijuana during a fourteen-day period. (B) A dispensary or a dispensary agent may not dispense more than a total of two and one-half ounces (2 ½ oz.) of usable marijuana to either a qualifying patient or designated caregiver acting on behalf of a qualifying patient during a fourteen-day period. (C) Each time a dispensary agent dispenses usable marijuana to a qualifying patient or designated caregiver, he or she shall verify that the dispensing of usable marijuana would not cause the qualifying patient or designated caregiver to receive more usable marijuana than is permitted in a fourteen-day period. (D) Each time usable marijuana is dispensed, the dispensary agent shall: (i) Record the date the usable marijuana was dispensed and the amount dispensed; and (ii) Notify the Department of Health in the manner required by the department. (E) The department shall maintain a database that enables a dispensary to verify that dispensing usable marijuana to a qualifying patient or designated caregiver will not cause the qualifying patient or designated caregiver to exceed the amount allowed by law. (F) All records shall be kept according to the registry identification number of the qualifying patient or designated caregiver. (G) It is the specific intent of this Amendment that no qualifying patient or designated caregiver acting on behalf of a qualifying patient be dispensed more than a total of two and one-half ounces (2 ½ oz.) of usable marijuana during a fourteen-day period whether the usable marijuana is dispensed from one or any combination of dispensaries. (9) The dispensary records with patient information shall be treated as confidential medical records. § 11. Immunity for dispensaries and cultivation facilities. (a) A dispensary or cultivation facility is not subject to the following: (1) Prosecution for the acquisition, possession, cultivation, processing, preparation, manufacture, delivery, transfer, transport, sale, supply, or dispensing of marijuana and related supplies in accordance with the provisions of this amendment and any rule adopted under this amendment; (2) Inspection, except under § 1 O of this amendment or upon a search warrant issued by a court or judicial officer; (3) Seizure of marijuana, except upon any order issued by a court or judicial officer and with due process of law; or (4) Imposition of a penalty or denial of a right or privilege, including without limitation imposition of a civil penalty or disciplinary action by a business, occupational, or professional licensing board or entity, solely for acting in accordance with this amendment. (b)(1) A dispensary agent or cultivation facility agent shall not be subject to arrest, prosecution, search, seizure, or penalty in any manner or denied any right or privilege, including without limitation civil penalty or disciplinary action by a business, occupational, or professional licensing board or entity, solely for working for or with a dispensary or cultivation facility to engage in acts permitted by this amendment. (2)(A) A dispensary agent or cultivation facility agent may possess and manufacture marijuana at the dispensary or cultivation facility location or locations for which the dispensary agent or cultivation facility agent is registered or when transferring marijuana under this section. (B)(i) A dispensary agent who is a volunteer may possess and manufacture marijuana at a dispensary location. (ii) A dispensary agent who is a volunteer may not dispense or transport marijuana. (3) A cultivation facility shall label the marijuana that is moved between the cultivation facility and a dispensary or other cultivation facility with a trip ticket that identifies the cultivation facility by identification number, the time, date, origin, and destination of the marijuana being transported, and the amount and form of marijuana that is being transported.

§ 12. Prohibitions for dispensaries. (a) Except as provided in§ 3 of this amendment, a dispensary may not dispense, deliver, or otherwise transfer marijuana to a person other than a qualifying patient or designated caregiver. (b)(1) Except as provided in § 3 of this amendment, the Alcoholic Beverage Control Division shall immediately revoke the registry identification card of a dispensary agent who has dispensed, delivered, or otherwise transferred marijuana to a person other than a qualifying patient or designated caregiver, and that dispensary agent shall be disqualified from serving as a dispensary agent. (2) A dispensary employing a dispensary agent found to violate subdivision (b)(1) of this section is not subject to penalties, including without limitation the revocation of its license, for the actions of a dispensary agent unless the dispensary knowingly aided or facilitated the violation. § 13. Prohibitions for cultivation facilities. A cultivation facility may sell marijuana plants, seeds, and usable marijuana only to a dispensary or other cultivation facility. § 14. Local regulation. (a) This amendment does not prohibit a city, incorporated town, or county of this state from enacting reasonable zoning regulations applicable to dispensaries or cultivation facilities, provided that those zoning regulations are the same as those for a licensed retail pharmacy. (b) This section does not allow a city, incorporated town, or county to prohibit the operation of any dispensaries or cultivation facilities in the city, incorporated town, or county unless such a prohibition is approved at an election under Article 5, § 1, of this constitution. § 15. Prohibited conduct for physicians. A physician shall not: (1) Accept, solicit, or offer any form of pecuniary remuneration from or to a dispensary or cultivation facility provided however, that this does not prohibit a physician who is also a qualifying patient from purchasing usable marijuana from a dispensary; (2) Offer a discount or other thing of value to a qualifying patient who uses or agrees to use a particular dispensary; (3) Examine a patient for purposes of diagnosing a qualifying medical condition at a dispensary; or (4) Hold an economic interest in a dispensary or cultivation facility if the physician certifies the qualifying medical condition of a patient for medical use of marijuana. § 16. Failure to adopt rules or issue registry identification cards or licenses. If the Department of Health, Alcoholic Beverage Control Division, or Medical Marijuana Commission fails to adopt rules to implement this amendment within the time prescribed or fails to issue the minimum number of dispensary licenses or cultivation facility licenses, any person who would be a qualifying patient under this amendment may commence a mandamus action in Pulaski County Circuit Court to compel the department, division, or commission to perform the actions mandated under the provisions of this amendment. § 17. Taxation and distribution of proceeds. (a) The sale of usable marijuana is subject to all state and local sales taxes at the same rate as other goods. (b) The states sales tax revenues received by the Department of Finance and Administration from the sale of usable marijuana under this amendment shall be distributed as follows: (1) Five percent (5%) to the Department of Health paying account or its successor fund or fund account; (2) Two percent (2%) to the Miscellaneous Agencies Fund or its successor fund or fund account to be used exclusively by the Department of Finance and Administration - Alcoholic Beverage Control Administration Division or its successor; (3) Two percent (2%) to the Miscellaneous Agencies Fund or its successor fund or fund account to be used exclusively by the Department of Finance and Administration- Alcoholic Beverage Control Enforcement Division or its successor; (4)(A) One percent (1%) to a special revenue account credited to the Medical Marijuana Commission Fund or its successor fund or fund account to be used exclusively by the Medical Marijuana Commission. (B) The General Assembly shall by law created the Medical Marijuana Commission Fund no later than July 1, 2017; (5)(A) Ten percent (10%) to the Skills Development Fund or its successor fund or fund account, to be used exclusively by the Office of Skills Development of the Department of Career Education or its successor for the development and implementation of workforce training programs. (B) The Office of Skills Development of the Department of Career Education or its successor may use revenues received under subdivision (b)(6)(A) of this section to: (i) Supplement or enhance existing programs, including without limitation grant programs; or (ii) Establish new programs, including without limitation grant programs. (C) If the Office of Skills Development of the Department of Career Education or its successor establishes a new program under subdivision (b)(6)(B) of this section, it shall promulgate rules to implement the program; (6)(A) Fifty percent (50%) to a special revenue account credited to the Vocational and Technical Training Special Revenue Fund or its successor fund or fund account, to be used exclusively by the Department of Finance and Administration or its successor for grants to technical institutes and vocational-technical schools for personal services and operating expenses, scholarships, research, development and delivery of education coursework and math and science coursework, land acquisition, equipment acquisition, infrastructure costs, including without limitation site development costs, construction, improvements, landscaping, renovation, dormitory renovation, major maintenance, and the building of roads and parking lots. (B) The General Assembly shall by law create the Vocational and Technical Training Special Revenue Fund no later than July 1, 2017. (C) The Department of Finance and Administration or its successor shall promulgate rules to implement the grant program described in this subdivision (b)(7) by July 1, 2017; (7) Thirty percent (30%) to the General Revenue Fund. (c) An entity receiving a grant of state sales tax revenue under subsection (b) of this section may make one (1) or more successive grant applications for the same project or projects. § 18. Costs of administration and regulation of amendment. (a) The following funds shall be used by the Department of Health to perform its duties under this amendment: (1) State sales tax revenues received under§ 17 of this amendment; (2)(A) The revenue generated from fees, penalties, and other assessments of the department provided for by this amendment, including without limitation: (i) Registry identification card application and renewal fees; and (ii) Fees for replacement registry identification cards. (B) Revenue generated from fees, penalties, and other assessments under this amendment shall be used solely for the performance of the department’s duties under this amendment and shall be used for no other purpose; (3) Private donations, if such funds are available; and (4) Other appropriations by the General Assembly, if such funds are available. (b) The following funds shall be used by the Alcoholic Beverage Control Division to perform its duties under this amendment: (1) State sales tax revenues received under§ 17 of this amendment;

(2)(A) The revenue generated from fees, penalties, and other assessments of the division provided for by this amendment. (B) Revenue generated from fees, penalties, and other assessments of the division under this amendment shall be used solely for the performance of the division’s duties under this amendment and shall be used for no other purpose; (3) Private donations, if such funds are available; and (4) Other appropriations by the General Assembly, if such funds are available. (c) The following funds shall be used by the Medical Marijuana Commission to perform its duties under this amendment: (1) State sales tax revenues received under§ 17 of this amendment; (2) The revenue generated from fees, penalties, and other assessments of the commission provided for by this amendment, including without limitation dispensary and cultivation facility application fees, licensing fees, and renewal fees; (3) Private donations, if such funds are available; and (4) Other appropriations by the General Assembly, if such funds are available. § 19. Medical Marijuana Commission - Creation. (a)(1) There is created a Medical Marijuana Commission to determine the qualifications for receiving a license to operate a dispensary or a license to operate a cultivation facility and the awarding of licenses. (2) Each member of the commission shall serve a term of four (4) years. (3) The commission shall consist of five (5) members as follows: (A) Two (2) members appointed by the President Pro Tempore of the Senate; (B) Two (2) members appointed by the Speaker of the House of Representatives; and (C) One (1) member appointed by the Governor. (4) Vacancies on the commission shall be filled in the manner of the original appointment. (5) The commission shall select one (1) of its members as chair. (6) An affirmative vote of a majority of a quorum present shall be necessary to transact business. (b)(1)(A) One (1) of the initial members appointed by the President Pro Tempore of the Senate shall serve a term of two (2) years and one (1) of the initial members appointed by the President Pro Tempore of the Senate shall serve a term of four (4) years. (B) The initial members appointed by the President Pro Tempore of the Senate shall draw lots to determine which member shall serve a term of two (2) years. (2)(A) One (1) of the initial members appointed by the Speaker of the House of Representatives shall serve a term of two (2) years and one (1) of the initial members appointed by the Speaker of the House of Representatives shall serve a term of four (4) years. (B) The initial members appointed by the Speaker of the House of Representatives shall draw lots to determine which member shall serve a term of two (2) years. (3) The initial member appointed by the Governor shall serve a term of four (4) years. (4) All subsequent persons appointed to the commission shall serve a term of four (4) years. (c) A member of the commission shall be: (1) A citizen of the United States; (2) A resident of the State of Arkansas for at least ten (10) years preceding his or her appointment; (3) A qualified elector; (4) At least twenty-five (25) years of age; and (5) Have no economic interest in a dispensary or cultivation facility. (d)(1) The commission, by a majority vote of the total membership of the commission cast during its first regularly scheduled meeting of each calendar year, may authorize payment to its members of a stipend not to exceed eighty-five dollars ($85.00) per day for each meeting attended or for any day while performing any proper business of the commission. (2) Members of the commission shall receive no other compensation, expense reimbursement, or in-lieu-of payments. (e)(1) The commission may employ staff necessary to assist in the performance of its duties under this amendment. (2) The Alcoholic Beverage Control Division shall provide staff for the commission if the commission does not have employees available for that purpose. (f)(1) Initial members of the commission shall be appointed within thirty (30) days of the effective date of this section. (2) The President Pro Tempore of the Senate shall call the first meeting of the commission, which shall occur within forty-five (45) days of the effective date of this section. § 20. No Implied repeal. (a) By adoption of this amendment, there is no implied repeal of the existing Arkansas laws criminalizing possession of marijuana for purposes not specified in this amendment. (b) This amendment acknowledges that marijuana use, possession, and distribution for any purpose remains illegal under federal law. § 21. Limitation on growing. This amendment: (1) Authorizes the growing of marijuana at a dispensary or cultivation facility that is properly licensed with the state; and (2) Does not authorize a qualifying patient, designated caregiver, or other person to grow marijuana. § 22. Severability. If any provision or section of this amendment or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provisions or application of the amendment that can be given effect without the invalid provisions or applications, and to this end the provisions of this amendment are declared to be severable. § 23. Amendment by General Assembly. (a) Except as provided in subsection (b) of this section, the General Assembly, in the same manner as required for amendment of laws initiated by the people, may amend the sections of this amendment so long as the amendments are germane to this section and consistent with its policy and purposes. (b) The General Assembly shall not amend the following provisions of this amendment: (1) Subsections (a), (b), and (c) of § 3; (2) Subsection (h), (i), and (j) of § 8; and (3) Section 23. SECTION 2. EFFECTIVE DATE. This amendment shall be effective on and after November 9, 2016. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND FIXED THE OFFICIAL SEAL OF THE OFFICE OF SECRETARY OF STATE ON THIS 1ST DAY OF SEPTEMBER, 2016. MARK MARTIN SECRETARY OF STATE STATE OF ARKANSAS NOTICE FOR ACT PROPOSED BY PETITION OF THE PEOPLE Issue No. 7 NOTICE TO THE PUBLIC Pursuant to Article 5, Section 1, of the Arkansas Constitution (Amendment 7) and Ark. Code Ann. § 7-9-113, an act proposed by petition of the people will appear on the November 8, 2016


• Cleveland County Herald, October 19, 2016 - page 5B •

Public Notice ballot as Issue No. 7. Each elector upon voting his/her ballot shall vote for or against this proposed act. The Popular Name, Ballot Title, and complete text for the proposed act follows.. Issue No. 7 (Popular Name) THE ARKANSAS MEDICAL CANNABIS ACT (Ballot Title) AN ACT MAKING THE MEDICAL USE OF CANNABIS, COMMONLY CALLED MARIJUANA, LEGAL UNDER ARKANSAS STATE LAW, BUT ACKNOWLEDGING THAT CANNABIS USE, POSSESSION, AND DISTRIBUTION FOR ANY PURPOSE REMAIN ILLEGAL UNDER FEDERAL LAW; ESTABLISHING A SYSTEM FOR THE CULTIVATION AND DISTRIBUTION OF CANNABIS FOR QUALIFYING PATIENTS THROUGH NONPROFIT CANNABIS CARE CENTERS AND FOR THE TESTING FOR QUALITY, SAFETY, AND POTENCY OF CANNABIS THROUGH CANNABIS TESTING LABS; GRANTING NONPROFIT CANNABIS CARE CENTERS AND CANNABIS TESTING LABS LIMITED IMMUNITY; ALLOWING LOCALITIES TO LIMIT THE NUMBER OF NONPROFIT CANNABIS CARE CENTERS AND TO ENACT ZONING REGULATIONS GOVERNING THEIR OPERATIONS; PROVIDING THAT QUALIFYING PATIENTS, THEIR DESIGNATED CAREGIVERS, CANNABIS TESTING LAB AGENTS, AND NONPROFIT CANNABIS CARE CENTER AGENTS SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL PENALTIES OR OTHER FORMS OF DISCRIMINATION FOR ENGAGING IN OR ASSISTING WITH QUALIFYING PATIENTS’ MEDICAL USE OF CANNABIS OR FOR TESTING AND LABELING CANNABIS; ALLOWING LIMITED CULTIVATION OF CANNABIS BY QUALIFYING PATIENTS AND DESIGNATED CAREGIVERS IF THE QUALIFYING PATIENT LIVES MORE THAN TWENTY (20) MILES FROM A NONPROFIT CANNABIS CARE CENTER AND OBTAINS A HARDSHIP CULTIVATION CERTIFICATE FROM THE DEPARTMENT OF HEALTH; ALLOWING COMPENSATION FOR DESIGNATED CAREGIVERS; REQUIRING THAT IN ORDER TO BECOME A QUALIFYING PATIENT, A PERSON SUBMIT TO THE STATE A WRITTEN CERTIFICATION FROM A PHYSICIAN THAT HE OR SHE IS SUFFERING FROM A QUALIFYING MEDICAL CONDITION; ESTABLISHING AN INITIAL LIST OF QUALIFYING MEDICAL CONDITIONS; DIRECTING THE DEPARTMENT OF HEALTH TO ESTABLISH RULES RELATED TO THE PROCESSING OF APPLICATIONS FOR REGISTRY IDENTIFICATION CARDS AND HARDSHIP CULTIVATION CERTIFICATES, THE OPERATIONS OF NONPROFIT CANNABIS CARE CENTERS AND CANNABIS TESTING LABS, AND THE ADDITION OF QUALIFYING MEDICAL CONDITIONS IF SUCH ADDITIONS WILL ENABLE PATIENTS TO DERIVE THERAPEUTIC BENEFIT FROM THE MEDICAL USE OF CANNABIS; SETTING MAXIMUM APPLICATION AND RENEWAL FEES FOR NONPROFIT CANNABIS CARE CENTERS AND CANNABIS TESTING LABS; DIRECTING THE DEPARTMENT OF HEALTH TO ESTABLISH A SYSTEM TO PROVIDE AFFORDABLE CANNABIS FROM NONPROFIT CANNABIS CARE CENTERS TO LOW INCOME PATIENTS; ESTABLISHING QUALIFICATIONS FOR REGISTRY IDENTIFICATION CARDS; ESTABLISHING QUALIFICATIONS FOR HARDSHIP CULTIVATION CERTIFICATES; ESTABLISHING STANDARDS TO ENSURE THAT QUALIFYING PATIENT AND DESIGNATED CAREGIVER REGISTRATION INFORMATION IS TREATED AS CONFIDENTIAL; DIRECTING THE DEPARTMENT OF HEALTH TO PROVIDE THE LEGISLATURE ANNUAL QUANTITATIVE REPORTS ABOUT THE MEDICAL CANNABIS PROGRAM; SETTING CERTAIN LIMITATIONS ON THE USE OF MEDICAL CANNABIS BY QUALIFYING PATIENTS; ESTABLISHING AN AFFIRMATIVE DEFENSE FOR THE MEDICAL USE OF CANNABIS; ESTABLISHING REGISTRATION AND OPERATION REQUIREMENTS FOR NONPROFIT CANNABIS CARE CENTERS AND CANNABIS TESTING LABS; SETTING LIMITS ON THE NUMBER OF NONPROFIT CANNABIS CARE CENTERS; SETTING LIMITS ON THE AMOUNT OF CANNABIS A NONPROFIT CANNABIS CARE CENTER MAY CULTIVATE AND THE AMOUNT OF USABLE CANNABIS A NONPROFIT CANNABIS CARE CENTER MAY DISPENSE TO A QUALIFYING PATIENT; PROHIBITING CERTAIN CONDUCT BY AND IMPOSING CERTAIN CONDITIONS AND REQUIREMENTS ON PHYSICIANS, NONPROFIT CANNABIS CARE CENTERS, NONPROFIT CANNABIS CARE CENTER AGENTS, CANNABIS TESTING LABS, CANNABIS TESTING LAB AGENTS, QUALIFYING PATIENTS, AND DESIGNATED CAREGIVERS; PROHIBITING FELONS FROM SERVING AS DESIGNATED CAREGIVERS, OWNERS, BOARD MEMBERS, OR OFFICERS OF NONPROFIT CANNABIS CARE CENTERS OR CANNABIS TESTING LABS, NONPROFIT CANNABIS CARE CENTER AGENTS, OR CANNABIS TESTING LAB AGENTS; ALLOWING VISITING QUALIFYING PATIENTS SUFFERING FROM QUALIFYING MEDICAL CONDITIONS TO UTILIZE THE MEDICAL CANNABIS PROGRAM; AND PROHIBITING SPECIAL TAXES ON THE SALE OF MEDICAL CANNABIS AND DIRECTING THE STATE SALES TAX REVENUES RECEIVED FROM THE SALE OF CANNABIS TO COVER THE COSTS TO THE DEPARTMENT OF HEALTH FOR ADMINISTERING THE MEDICAL CANNABIS PROGRAM AND THE REMAINDER TO AID LOW INCOME QUALIFYING PATIENTS THROUGH THE AFFORDABILITY CLAUSE. (Text of Proposed Act) “An Act to Establish the Arkansas Medical Cannabis Act.” Be it enacted by the People of the State of Arkansas as follows: Amending Arkansas Code Title 20 to add an additional chapter to read: Chapter 65 - Medical Cannabis Subchapter 1 - Arkansas Medical Cannabis Act SECTION 101. Short title. This chapter shall be known and cited as “The Arkansas Medical Cannabis Act” (hereinafter “Act”). SECTION 102. Definitions. As used in this chapter, unless the context otherwise requires: (a) “Assist” or “Assisting” means helping a Qualifying Patient make such Medical Use of Cannabis by enabling such medical use by any means herein authorized. (b) “Cannabis” commonly known as marijuana, means any part and any variety or species, or both, of the cannabis plant that contains tetrahydrocannabinol (THC) whether growing or not, the seeds of the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, fiber, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from the mature stalks), nor the sterilized seed of the plant that is incapable of germination. (c) “Cannabis Testing Lab” means a facility where Cannabis is tested to insure safety, potency and quality of the product. (d) “Cannabis Testing Lab Agent” means an employee, supervisor, owner, or agent of a Cannabis Testing Lab who:

(1) Is twenty-one (21) years of age or older; (2) Works at the Cannabis Testing Lab; and (3) Has registered with The Department pursuant to section 111. (e) “Cardholder” means a Qualifying Patient, a Designated Caregiver, Cannabis Testing Lab Agent or a Nonprofit Cannabis Care Center Agent. (f) “Designated Caregiver” means a person who is at least twentyone (21) years of age who has agreed to Assist with a Qualifying Patient’s Medical Use of Cannabis, including acquiring Usable Cannabis from a Nonprofit Cannabis Care Center and delivering it to the Qualifying Patient, and who has registered with The Department pursuant to subsection 105(d). A Designated Caregiver may serve as a Designated Caregiver for no more than five (5) Qualifying Patients at a time. A person who has been found guilty or pleaded guilty or nolo contendere in a criminal proceeding, regardless of whether or not the adjudication of guilt or sentence is withheld by a court of this state, another state, or the federal government for any felony, shall not be a Designated Caregiver. (g) “Enclosed, Locked Facility” means a closet, room, greenhouse or other enclosed area equipped with locks or other security devices that permit access only by a Cardholder. (h) “Hardship Cultivation Certificate” means a document issued by The Department that identifies a location at the primary residence of a Qualifying Patient or Designated Caregiver that is approved for the Qualifying Patient or Designated Caregiver to cultivate Cannabis for the Qualifying Patient’s Medical Use based on documentation of the Qualifying Patient’s lack of access to a Nonprofit Cannabis Care Center. A person who has been found guilty or pleaded guilty or nolo contendere in a criminal proceeding, regardless of whether or not the adjudication of guilt or sentence is withheld by a court of this state, another state, or the federal government for any felony, shall not be permitted to obtain a Hardship Cultivation Certificate. (i) “Medical Use” means the acquisition, possession, preparation, use, delivery, transfer or transportation of Cannabis or paraphernalia relating to the administration of Cannabis to treat or alleviate a Qualifying Patient’s Qualifying Medical Condition or symptoms associated with the Qualifying Patient’s Qualifying Medical Condition. (j) “Nonprofit Cannabis Care Center” means a not-for-profit entity that has registered with The Department pursuant to section 109, and performs any combination of the activities therein described. (k) “Nonprofit Cannabis Care Center Agent” means an employee, supervisor, volunteer, owner, or agent of a Nonprofit Cannabis Care Center who: (1) Is twenty-one (21) years of age or older; (2) Works at the Nonprofit Cannabis Care Center; and (3) Has registered with The Department pursuant to section 109. (l) “Physician” means a doctor of medicine who holds a valid and existing license to practice medicine pursuant to Arkansas Code Title 17, Chapter 95 or its successor; or a doctor of osteopathic medicine who holds a valid and existing license pursuant to Arkansas Code Title 17, Chapter 91 or its successor, and has been issued a registration from the United States Drug Enforcement Administration to prescribe controlled substances. (m) “Qualifying Medical Condition” means one (1) or more of the following: (1) Adiposis Dolorosa (Dercum’s Disease); Alzheimer’s Disease or the agitation thereof; Amyotrophic Lateral Sclerosis (ALS); Anorexia; Arnold-Chiari Malformation; Arthritis; Asthma; Attention Deficit Disorder/Attention Deficit Hyperactivity Disorder (ADD/ADHD); Autism; Bipolar Disorder; Bulimia; Cancer; Causalgia; Chronic Inflammatory Demyelinating Polyneuropathy (CIDP); Chronic Insomnia; Chronic Obstructive Pulmonary Disease (COPD); Complex regional pain syndrome (CRPS)Types I and II; Crohn’s Disease; Dystonia; Emphysema; Fibrous Dysplasia; Fibromyalgia; General Anxiety Disorder; Glaucoma; Hepatitis C; Positive Status for Human Immunodeficiency Virus and/or Acquired Immune Deficiency Syndrome (HIV/AIDS); Hydrocephalus; Hydromyelia; Interstitial Cystitis; Lupus; Migraines; Myasthenia Gravis; Myoclonus; Nail-Patella Syndrome; Neurofibromatosis; Parkinson’s Disease; Posterior Lateral Sclerosis(PLS); Post-Concussion Syndrome; Post Traumatic Stress Disorder (PTSD); Reflex Sympathetic Dystrophy (RSD); Residual Limb and Phantom Pain; Restless Leg Syndrome (RLS); Sjogren’s Syndrome; Spinocerebellar Ataxia (SCA); Spinal Cord Injury and/ or disease (including but not limited to Arachnoiditis); Syringomelia; Tarlov Cysts; Tourette’s Syndrome; Traumatic Brain Injury; Ulcerative Colitis; or the treatment of any of these conditions. (2) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or Wasting Syndrome; peripheral neuropathy; intractable pain, which is pain that has not responded to ordinary medications, treatment, or surgical measures for more than three (3) months; severe nausea; seizures, including those characteristic of Epilepsy; or severe and persistent muscle spasms, including those characteristic of Multiple Sclerosis; or (3) Any other medical condition or its treatment approved by The Department as provided for in subsection 104(i). (n) “Qualifying Patient” means a person who has been diagnosed by a Physician as having a Qualifying Medical Condition, and who has registered with The Department pursuant to subsection 105(a). (o) “Registry Identification Card” means a document issued by The Department that identifies a person as a Qualifying Patient, Designated Caregiver, Cannabis Testing Lab Agent, or a Nonprofit Cannabis Care Center Agent. (p) “The Department” means The Arkansas Department of Health or its successor. (q) “Usable Cannabis,” means all Cannabis except seeds and growing plants, but does not include the weight of any ingredients other than Cannabis that are combined with Cannabis and prepared for consumption as food or drink, oils, tinctures, lotions or salves. (r) “Visiting Qualifying Patient” means a patient with a Qualifying Medical Condition who is not a resident of Arkansas or who has been a resident of Arkansas for less than thirty (30) days, and who is in actual possession of a Registry Identification Card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth or insular possession of the United States, and pertains to a Qualifying Medical Condition under this section. (s) ‘Written Certification” means a document signed by a Physician stating that in the Physician’s professional opinion, after having completed a full assessment of the Qualifying Patient’s medical history and current medical condition made in the course of a bona fide Physician-patient relationship, the Qualifying Patient has a Qualifying Medical Condition and the potential benefits of the Medical Use of Cannabis would likely outweigh the health risks for the Qualifying Patient. A Written Certification shall specify the Qualifying Patient’s Qualifying Medical Condition, which also shall be noted in the Qualifying Patient’s medical records. SECTION 103. Protections for the Medical Use of Cannabis (a) Qualifying Patient. A Qualifying Patient in actual possession of a Registry Identification Card shall not be subject to arrest, prosecution or penalty in any manner or denied any right or privilege, including but not limited to a civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for Medical Use of Cannabis in accordance with this chapter as long as the Qualifying Patient possesses an amount of Cannabis that: (1) Is not more than two and one-half (2 ½) ounces of Usable Cannabis; and

(2) If the Qualifying Patient has a Hardship Cultivation Certificate, does not exceed ten (10) Cannabis plants, only of which five (5) may be greater than twelve (12) inches in height or diameter. The Cannabis plants must be kept in an Enclosed, Locked Facility unless they are being transported because the Qualifying Patient is moving, or they are being transported to the Qualifying Patient’s property. In addition to the Cannabis plants, the Qualifying Patient may possess harvested Cannabis in varying stages of processing in excess of the amount allowed under subdivision (a)( 1) of this subsection in order to ensure the Qualifying Patient is able to maintain a sufficient supply to meet his or her personal medical needs. The harvested Cannabis must be kept in the Enclosed, Locked Facility where the Cannabis plants were grown. (b) Designated Caregiver. A Designated Caregiver in actual possession of a Registry Identification Card shall not be subject to arrest, prosecution or penalty in any manner or denied any right or privilege, including but not limited to a civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for Assisting a Qualifying Patient to whom the Designated Caregiver is connected through The Department’s registration process with the Medical Use of Cannabis in accordance with this chapter, as long as the Designated Caregiver possesses an amount of Cannabis that: (1) Is not more than two and one-half (2 ½) ounces of Usable Cannabis for each Qualifying Patient to whom the Designated Caregiver is connected through The Department’s registration process; and (2) For each Qualifying Patient who has a Hardship Cultivation Certification and who has specified that the Designated Caregiver is allowed under state law to cultivate Cannabis for the Qualifying Patient, does not exceed ten (10) Cannabis plants, only of which five (5) may be greater than twelve (12) inches in height or diameter, provided in no circumstance shall the total number of plants exceed fifty (50). The Cannabis plants must be kept in an Enclosed, Locked Facility unless they are being transported because the Designated Caregiver is moving or they are being transported to a Qualifying Patient’s property. In addition to the Cannabis plants, the Designated Caregiver may possess harvested Cannabis in varying stages of processing in excess of the amount allowed under subdivision (b)(1) of this subsection in order to ensure that each Qualifying Patient is able to maintain a sufficient supply to meet his or her personal medical needs. The harvested Cannabis must be kept in the Enclosed, Locked Facility where the Cannabis plants were grown. (c) Presumption. (1) A Qualifying Patient is presumed to be lawfully engaged in the Medical Use of Cannabis in accordance with this chapter if the Qualifying Patient is in actual possession of a Registry Identification Card and possesses an amount of Cannabis that does not exceed the amount allowed under this chapter. (2) A Designated Caregiver is presumed to be lawfully engaged in Assisting with the Medical Use of Cannabis in accordance with this chapter if the Designated Caregiver is in actual possession of a Registry Identification Card and possesses an amount of Cannabis that does not exceed the amount allowed under this chapter. (3) The presumption made in subdivisions 103(c)(1) and 103(c) (2) shall be rebutted by evidence that conduct related to Cannabis was not for the purpose of treating or alleviating the Qualifying Patient’s Qualifying Medical Condition or symptoms associated with the Qualifying Medical Condition, in accordance with this chapter. (d) Cardholder not subject to arrest. A Cardholder shall not be subject to arrest, prosecution or penalty in any manner or denied any right or privilege, including but not limited to a civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for giving an amount of Usable Cannabis the person is allowed to possess under subsections 103(a) or 103(b) to a Qualifying Patient or Designated Caregiver for the Qualifying Patient’s Medical Use, when nothing of value is transferred in return or for offering to do the same. (e) Transfer of Cannabis (1) A Nonprofit Cannabis Care Center may accept Cannabis from other Nonprofit Cannabis Care Centers in Arkansas. (2) A Nonprofit Cannabis Care Center may transfer or sell Cannabis, to other Nonprofit Cannabis Care Centers, or Qualifying Patients with a Hardship Cultivation Certificate in Arkansas, or a Designated Caregiver for a Qualifying Patient with a Hardship Cultivation Certificate in Arkansas. (3) A Nonprofit Cannabis Care Center may transfer or sell Usable Cannabis to a Qualifying Patient without a Hardship Cultivation Certificate in Arkansas, or to a Designated Caregiver for a Qualifying Patient without a Hardship Cultivation Certificate in Arkansas. (4) A Nonprofit Cannabis Care Center may transfer Cannabis to and from a Cannabis Testing Lab. (5) A Nonprofit Cannabis Care Center may accept a donation of Cannabis without compensation from individuals and entities from jurisdictions outside of Arkansas who are allowed to cultivate Cannabis under the laws of their state of legal residency. (6) Individuals and entities from jurisdictions outside of Arkansas who are allowed to cultivate Cannabis under the laws of their state of legal residency shall not be subject to arrest, prosecution, or penalty, or denied any right or privilege for donating Cannabis to Nonprofit Cannabis Care Centers. (f) Discrimination (1) No school or landlord may refuse to enroll or lease to, or otherwise penalize, an individual solely for his or her status as a Qualifying Patient or a Designated Caregiver, unless failing to do so would put the school or landlord in violation of federal law or regulations. (2) For the purposes of medical care, including organ transplants, a Qualifying Patient’s use of Cannabis in accordance with this chapter shall be considered the equivalent of the authorized use of any other medication used at the direction of a Physician, and shall not constitute the use of an illicit substance. (3) An employer shall not discriminate against an individual in hiring, termination, or any term or condition of employment, or otherwise penalize an individual, based upon the individual’s past or present status as a Qualifying Patient or Designated Caregiver. (g) Person shall not be denied custody of or visitation with minor. A person otherwise entitled to custody of, or visitation or parenting time with, a minor shall not be denied custody, visitation or parenting time and there shall be no finding of abuse solely for conduct allowed under this chapter and there shall be no presumption of neglect or child endangerment for conduct allowed under this chapter, unless the individual’s behavior is such that it creates an unreasonable danger to the safety or welfare of the minor that can be established by clear and convincing evidence. (h) A Designated Caregiver may receive reimbursement of costs or expenses, and reasonable compensation for time or services, associated with Assisting a Qualifying Patient’s Medical Use of Cannabis as long as the Designated Caregiver is connected to the Qualifying Patient through The Department’s registration process. Any such compensation does not constitute the sale of controlled substances. (i) Physician not subject to penalty. A Physician shall not be subject to arrest, prosecution or penalty in any manner or denied any right or privilege, including but not limited to a civil penalty or disciplinary action by the Arkansas State Medical Board or by any other business, occupational or professional licensing board or bureau, solely for providing Written Certifications.


• Cleveland County Herald, October 19, 2016 - page 6B •

Public Notice (j) Person not subject to penalty for providing Qualifying Patient or Designated Caregiver Cannabis paraphernalia. A person shall not be subject to arrest, prosecution or penalty in any manner or denied any right or privilege, including but not limited to a civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for providing a Qualifying Patient or a Designated Caregiver with Cannabis paraphernalia for purposes of facilitating a Qualifying Patient’s Medical Use of Cannabis. (k) Any Cannabis, Cannabis paraphernalia, licit property or interest in licit property that is possessed, owned, or used in connection with the Medical Use of Cannabis, as allowed under this chapter, or property incidental to such use, shall not be seized or forfeited. (l) Person not subject to penalty for being in presence of Medical Use of Cannabis. A person shall not be subject to arrest, prosecution or penalty in any manner or denied any right or privilege, including but not limited to a civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, simply for being in the presence or vicinity of the Medical Use of Cannabis as allowed under this chapter or for directly Assisting a physically disabled Qualifying Patient with using or administering Cannabis. (m) Effect of Registry Identification Card issued by another jurisdiction. A Registry Identification Card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth or insular possession of the United States that allows, in the jurisdiction of issuance a Visiting Qualifying Patient to possess Usable Cannabis for Medical Use, shall have the same force and effect as a Registry Identification Card issued by The Department, provided that the same Qualifying Medical Condition as defined in subsection 102(m) exists. In order to purchase Usable Cannabis from a Nonprofit Cannabis Care Center, a Visiting Qualifying Patient must be issued a thirty (30) day temporary Registry Identification Card from The Department. SECTION 104. Rules (a) Rule making power. The Department shall adopt rules to carry out the purposes of this chapter. Rules adopted pursuant to this Act are rules as defined in Arkansas Code§ 25-15-201 et seq., the Arkansas Administrative Procedure Act. (b) Registry Identification Cards. Not later than one hundred twenty (120) days after the effective date of this chapter, The Department shall adopt rules governing the manner in which it considers applications for and renewals of Registry Identification Cards. The Department’s rules must establish application and renewal fees not to exceed fifty dollars ($50.00) per year. Temporary Registry Identification Cards must not exceed ten dollars ($10). The Department shall establish a sliding scale of application and renewal fees based upon a Qualifying Patient’s family income. The Department may accept donations from private sources in order to reduce the application and renewal fees. (c) Hardship Cultivation Certificates. Not later than one (1) year after the effective date of this chapter, The Department shall adopt rules governing the manner in which it considers applications for and renewals of Hardship Cultivation Certificates. The Department’s rules must establish application and renewal fees not to exceed one hundred dollars ($100) per year. The Department shall establish a sliding scale of application and renewal fees based upon a Qualifying Patient’s family income. The Department may accept donations from private sources in order to reduce the application and renewal fees. (d) Nonprofit Cannabis Care Centers. Not later than one hundred twenty (120) days after the effective date of this chapter, The Department shall adopt rules with the goal of protecting against diversion and theft, without imposing an undue burden on the registered Nonprofit Cannabis Care Centers or compromising the confidentiality of Qualifying Patients or their Designated Caregivers, including rules governing: (1) The manner in which it considers applications for and renewals of registration certificates for Nonprofit Cannabis Care Centers; (2) The form and content of registration and renewal applications; (3) Oversight requirements for Nonprofit Cannabis Care Centers; (4) Record-keeping requirements for Nonprofit Cannabis Care Centers; (5) Security requirements for Nonprofit Cannabis Care Centers which shall include lighting, physical security, alarm requirements, and measures to prevent loitering; (6) Sanitary requirements for Nonprofit Cannabis Care Centers; (7) Electrical safety requirements for Nonprofit Cannabis Care Centers; (8) The specification of acceptable forms of picture identification that a Nonprofit Cannabis Care Center may accept; (9) Personnel requirements including how many volunteers a Nonprofit Cannabis Care Center is permitted to have and requirements for supervision; (10) Labeling standards for Usable Cannabis distributed to Qualifying Patients; (11) Procedures for suspending or terminating the registration of Nonprofit Cannabis Care Centers that violate the provisions of this section or the rules adopted pursuant to this section, procedures for appealing penalties, and a schedule of penalties; (12) Procedures for inspections and investigations of Nonprofit Cannabis Care Centers; (13) Advertising restrictions for Nonprofit Cannabis Care Centers; (14) Permissible hours of operation for Nonprofit Cannabis Care Center sales; and (15) Such other matters as are necessary for the fair, impartial, stringent, and comprehensive administration of this chapter. (e) Application and renewal fees for Nonprofit Cannabis Care Centers. Not later than one hundred twenty (120) days after the effective date of this chapter, The Department shall adopt rules establishing application and renewal fees for Nonprofit Cannabis Care Center registration certificates, according to the following: (1) Nonprofit Cannabis Care Center application fees shall not exceed five thousand dollars ($5,000); (2) Nonprofit Cannabis Care Center renewal fees shall not exceed one thousand dollars ($1,000). (f) Cannabis Testing Labs. Not later than one hundred twenty (120) days after the effective date of this chapter, The Department shall adopt rules with the goal of protecting against diversion and theft, without imposing an undue burden on the registered Cannabis Testing Lab or compromising the confidentiality of Cannabis Testing Lab Records, including rules governing: (1) The manner in which it considers applications for and renewals of registration certificates for Cannabis Testing Labs; (2) The form and content of registration and renewal applications; (3) Oversight requirements for Cannabis Testing Labs; (4) Record-keeping requirements for Cannabis Testing Labs; (5) Security requirements for Cannabis Testing Labs which shall include lighting, physical security, alarm requirements, and measures to prevent loitering; (6) Sanitary requirements for Cannabis Testing Labs; (7) Electrical safety requirements for Cannabis Testing Labs; (8) Labeling standards for Usable Cannabis distributed to Qualifying Patients; (9) Procedures for suspending or terminating the registration of Cannabis Testing Labs that violate the provisions of this section or the rules adopted pursuant to this section, procedures for appealing penalties, and a schedule of penalties; (10) Procedures for inspections and investigations of Cannabis Testing Labs; (11) Such other matters as are necessary for the fair, impartial, stringent, and comprehensive administration of this chapter.

(g) Application and renewal fees for Cannabis Testing Labs. Not later than one hundred twenty (120) days after the effective date of this chapter, The Department shall adopt rules establishing application and renewal fees for Cannabis Testing Lab registration certificates, according to the following: (1) Cannabis Testing Lab application fees shall not exceed one thousand dollars ($1,000). (2) Cannabis Testing Lab renewal fees shall not exceed two hundred fifty dollars ($250). (h) Affordable dispensing. Not later than one hundred eighty (180) days after the effective date of this chapter, The Department shall adopt rules establishing a system to provide for the safe and affordable dispensing of Usable Cannabis to Qualifying Patients who are unable to afford a sufficient supply of Usable Cannabis based upon the Qualifying Patient’s income and existing financial resources that: (1) Allows Qualifying Patients to apply to The Department to be eligible to purchase Usable Cannabis on a sliding scale from Nonprofit Cannabis Care Centers; (2) Requires any remaining sales tax revenue made pursuant to subdivision 117(c) to be used to provide Usable Cannabis on the sliding scale to Qualifying Patients determined to be eligible pursuant to subdivision (h)(1) of this subsection; and (3) Requires each Nonprofit Cannabis Care Center to devote a maximum of 1% percent of its gross revenue, as determined by The Department, to providing Usable Cannabis on the sliding scale to Qualifying Patients determined to be eligible pursuant to subdivision (h)(1) of this subsection. (i) Adding Qualifying Medical Conditions. Not later than one hundred twenty (120) days after the effective date of this chapter, The Department shall adopt rules that govern the manner in which The Department shall consider petitions from the public to add medical conditions or treatments to the list of Qualifying Medical Conditions set forth in subsection 102(m). (1) In considering such petitions, The Department shall include public notice of, and an opportunity to comment in a public hearing upon, such petitions. (2) In considering such petitions, The Department shall add medical conditions or treatments to the list of Qualifying Medical Conditions set forth in subsection 102(m) if patients suffering from the medical conditions or undergoing the treatments in question would derive therapeutic benefit from the use of Cannabis, taking into account the positive and negative health effects of such use. The Department shall consider published studies in peer-reviewed journals, Physician testimony, and public comments made pursuant to subdivision 104(i)(1) in making such determination. (3) The Department shall approve or deny such petitions within sixty (60) days of their submission. The approval or denial of such a petition constitutes final agency action, subject to judicial review, and jurisdiction for judicial review is vested in the Circuit Court of Pulaski County. SECTION 105. Registry Identification Cards (a) Application for Registry Identification Card and qualifications. The Department shall issue Registry Identification Cards to Qualifying Patients who submit, in accordance with The Department’s rules: (1) Written Certification; (2) Application or renewal fee; (3) Name, address and date of birth of the Qualifying Patient, except that if the applicant is homeless, no address is required; (4) Name, address and telephone number of the Qualifying Patient’s Physician; (5) Name, street address and date of birth of the Qualifying Patient’s Designated Caregiver, if any; (6) Name and address of the Nonprofit Cannabis Care Center that the Qualifying Patient designates, if any. A Qualifying Patient shall designate only one Nonprofit Cannabis Care Center at a time; or (7) A Qualifying Patient that obtains a Hardship Cultivation Certificate shall designate that the Qualifying Patient or the Qualifying Patient’s Designated Caregiver will grow Cannabis for the Qualifying Patient’s Medical Use; (8) A signed statement from the Qualifying Patient pledging not to divert Cannabis to anyone who is not allowed to possess Cannabis pursuant to this chapter; and (9) A signed statement from the Designated Caregiver, if any, agreeing to be the Qualifying Patient’s Designated Caregiver and pledging not to divert Cannabis to anyone who is not allowed to possess Cannabis pursuant to this chapter. (b) Issuing Registry Identification Card to minor. The Department shall not issue a Registry Identification Card to a Qualifying Patient who is under eighteen (18) years of age unless: (1) The Qualifying Patient’s Physician has explained the potential risks and benefits of the Medical Use of Cannabis to the Qualifying Patient and to a parent, guardian or person having legal custody of the Qualifying Patient; and (2) A parent, guardian or person having legal custody consents in writing to: (A) Allow the Qualifying Patient’s Medical Use of Cannabis; (B) Serve as the Qualifying Patient’s Designated Caregivers; and (C) Control the acquisition of the Cannabis and the dosage and frequency of the Medical Use of Cannabis by the Qualifying Patient. (c) Department approval or denial. The Department shall verify the information contained in an application or renewal submitted pursuant to this section and shall approve or deny an application or renewal within fourteen (14) days of receiving it. The Department may deny an application or renewal only if the applicant did not provide the information required pursuant to this section, the applicant previously had a Registry Identification Card revoked, The Department determines that the information provided was falsified, or The Department determines the Written Certification was not made in the context of a bona fide Physician-patient relationship. Rejection of an application or renewal is considered a final agency action, subject to judicial review, and jurisdiction is vested in the Circuit Court of Pulaski County. (d) Designated Caregiver Registry Identification Card. The Department shall issue a Registry Identification Card to the Designated Caregiver, if any, who is named in a Qualifying Patient’s approved application pursuant to subsection 105(a) of this section. A person who has been found guilty or pleaded guilty or nolo contendere in a criminal proceeding, regardless of whether or not the adjudication of guilt or sentence is withheld by a court of this state, another state, or the federal government for any felony, shall not be a Designated Caregiver and shall not be issued a Designated Caregiver Registry Identification Card. The Department shall conduct a background check of each prospective Designated Caregiver in order to carry out this subsection. (e) Registry Identification Card issuance. The Department shall issue Registry Identification Cards to Qualifying Patients and Designated Caregivers within five (5) days of approving an application or renewal under this section. (1) Registry Identification Cards expire one (1) year after the date of issuance, unless the Physician states in the Written Certification that he believes the Qualifying Patient would benefit from the Medical Use of Cannabis only until a specified earlier date, then the Registry Identification Card shall expire on that date. (2) In the case of Qualifying Patients and Designated Caregivers, Registry Identification Cards shall contain: (A) The name, address and date of birth of the Qualifying Patient; (B) The name, address and date of birth of the Qualifying Patient’s

Designated Caregiver, if any; (C) The date of issuance and expiration date of the Registry Identification Card; (D) A random, 10-digit alphanumeric identification number that is unique to the Qualifying Patient or Designated Caregiver; (E) A photograph, if The Department decides to require one; and (F) A clear designation showing whether the Qualifying Patient or Designated Caregiver will be allowed under state law to cultivate Cannabis plants for the Qualifying Patient’s Medical Use. (f) Notification of changes in status or loss of card. This subsection governs notification of changes in status or the loss of a Registry Identification Card. (1) A Qualifying Patient shall notify The Department within fifteen (15) days of any change in the Qualifying Patient’s name, address, Designated Caregiver or preference regarding who may cultivate Cannabis for the Qualifying Patient or if the Qualifying Patient ceases to have a Qualifying Medical Condition. (2) A Nonprofit Cannabis Care Center shall notify The Department within fifteen (15) days of any change in the name or address of a Nonprofit Cannabis Care Center Agent issued a Registry Identification Card in accordance with subsection 109(g). (3) A Qualifying Patient or a Nonprofit Cannabis Care Center who fails to notify The Department as required under subdivisions 105(f)( 1) or 105(f)(2) commits a civil violation for which a penalty of not more than one hundred fifty dollars ($150) may be adjudged and collected by The Department. (4) If the Qualifying Patient’s certifying Physician notifies The Department in writing that the Qualifying Patient has ceased to suffer from a Qualifying Medical Condition, the Qualifying Patient’s Registry Identification Card becomes void upon notification by The Department to the Qualifying Patient. (5) A Designated Caregiver, Cannabis Testing Lab, or Nonprofit Cannabis Care Center shall notify The Department of any change in the Designated Caregiver’s, Cannabis Testing Lab’s, or Nonprofit Cannabis Care Center’s name or address within ten (10) days of such change. A Designated Caregiver, Cannabis Testing Lab, or Nonprofit Cannabis Care Center who fails to notify The Department of any of these changes commits a civil violation for which a penalty of not more than one hundred fifty dollars ($150) may be adjudged and collected by The Department. (6) When a Qualifying Patient or Designated Caregiver notifies The Department of any changes listed in this subsection, The Department shall issue the Qualifying Patient and the Designated Caregiver a new Registry Identification Card within ten (10) days of receiving the updated information and a ten dollar ($10.00) fee. (7) When a Qualifying Patient changes the Qualifying Patient’s Designated Caregiver, The Department shall notify the previous Designated Caregiver within ten (10) days. The previous Designated Caregiver’s protections as provided in this chapter expire ten (10) days after notification by The Department. (8) If a Cardholder loses the Cardholder’s Registry Identification Card, the Cardholder shall notify The Department and submit a ten dollar ($10.00) fee within ten (10) days of losing the card. Within five (5) days after such notification, The Department shall issue a new Registry Identification Card with a new random identification number. (g) Confidentiality. (1) Applications and supporting information submitted by Qualifying Patients and Designated Caregivers under this chapter, including information regarding Designated Caregivers and Physicians, shall be treated as a confidential medical record. (2) The Department shall maintain a confidential list of the persons to whom The Department has issued Registry Identification Cards and Hardship Cultivation Certificates. Individual names and other identifying information on the list are confidential, exempt from the Arkansas Freedom of Information Act of 1967, Arkansas Code§ 25-19- 101 et seq., and not subject to disclosure except to authorized employees of The Department as necessary to perform official duties of The Department. (3) The Department shall verify to law enforcement personnel whether a Registry Identification Card or Hardship Cultivation Certificate is valid without disclosing more information than is reasonably necessary to verify the authenticity of the Registry Identification Card or Hardship Cultivation Certificate. (4) A person, including an employee or official of The Department or another state agency or local government, who breaches the confidentiality of information obtained pursuant to this chapter commits a Class A misdemeanor. However, employees of The Department shall notify law enforcement about falsified or fraudulent information submitted to The Department as long as the employee who suspects that falsified or fraudulent information has been submitted confers with the employee’s supervisor and both agree that circumstances exist that warrant reporting. (h) Card holder who sells Cannabis to person not allowed to possess. Any Cardholder who transfers Cannabis to a person who is not a Cardholder under this chapter shall have his Registry Identification Card and Hardship Cultivation Certificate revoked and shall be subject to any other penalties established by law for unlawful transfer of a controlled substance. The Department shall revoke the Registry Identification Card or Hardship Cultivation Certificate of any Cardholder who violates any provision of this chapter, and the Cardholder is subject to any other penalties established in law for the violation. (i) Annual report. The Department shall submit to the Legislature an annual report that does not disclose any identifying information about Cardholders or Physicians, but does contain, at a minimum: (1) The number of applications and renewals filed for Registry Identification Cards; (2) The number of Qualifying Patients and Designated Caregivers approved in each county; (3) The number of applications and renewals for Hardship Cultivation Certificates; (4) The number of Hardship Cultivation Certificates approved in each county; (5) The nature of the Qualifying Medical Conditions of the Qualifying Patients; (6) The number of Registry Identification Cards revoked; (7) The number of Physicians providing Written Certifications for Qualifying Patients; (8) The number of registered Nonprofit Cannabis Care Centers; (9) The number of Nonprofit Cannabis Care Center Agents; (10) The number of Cannabis Testing Labs; and (11) The number of Cannabis Testing Lab Agents. SECTION 106. Hardship Cultivation Certificates (a) Application for Hardship Cultivation Certificates and qualifications. The Department shall issue Hardship Cultivation Certificates to Qualifying Patients who, in accordance with rules issued by The Department, submit (1) A written explanation and supporting documentation of the Qualifying Patient’s need for a Hardship Cultivation Certificate based on a lack of a Nonprofit Cannabis Care Center within twenty (20) miles of the Qualifying Patient’s residence; (2) An application or renewal fee; (3) A copy of the Qualifying Patient’s Registry Identification Card; (4) The address and description of the single location that shall be used for the cultivation of Cannabis, which shall be either the primary residence of the Qualifying Patient or the Designated Caregiver; and (5) Any other information required by The Department. (b) Department approval or denial. The Department shall verify


• Cleveland County Herald, October 19, 2016 - page 7B •

Public Notice the information contained in an application or renewal submitted pursuant to this section and shall approve or deny an application or renewal within thirty (30) days of receiving it. The Department may deny an application or renewal only if the applicant did not provide the information required pursuant to this section, the applicant previously had a Hardship Cultivation Certificate revoked, The Department determines that the Qualifying Patient does not have a verified hardship and is within twenty (20) miles of a registered Nonprofit Cannabis Care Center, or The Department determines that the information provided was falsified. Rejection of an application or renewal is considered a final agency action, subject to judicial review, and jurisdiction is vested in the Circuit Court of Pulaski County. (c) Hardship Cultivation Certificate issuance. The Department shall issue Hardship Cultivation Certificates to Qualifying Patients within five (5) days of approving an application or renewal under this section. Hardship Cultivation Certificates expire one (1) year after the date of issuance. (d) Notification of changes in status. This subsection governs notification of changes in status. (1) A Qualifying Patient shall notify The Department within fifteen (15) days if the Qualifying Patient ceases to have the hardship which qualified the Qualifying Patient for a Hardship Cultivation Certificate under subdivision 106(a)(1). (2) The Hardship Cultivation Certificate becomes void 120 days after receipt by The Department that the Qualifying Patient ceases to have a qualifying hardship or at the expiration date, whichever comes first. (e) Location of cultivation. This subsection governs the location of cultivation. (1) A Qualifying Patient with a Hardship Cultivation Certificate shall only cultivate Cannabis at the location specified in the application and approved by The Department. (2) The Hardship Cultivation Certificate must be displayed and clearly visible at the location where Cannabis is cultivated. (3) At any given location, cultivation shall occur pursuant to only one (1) Hardship Cultivation Certificate unless it is the primary residence of more than one (1) Qualifying Patient for whom The Department has approved a Hardship Cultivation Certificate for that location or it is the primary residence of a Designated Caregiver who is the Designated Caregiver for more than one (1) Qualifying Patient for whom The Department has approved a Hardship Cultivation Certificate for that location. (4) Cannabis cultivation and storage of Cannabis produced by the cultivation shall be in an Enclosed, Locked Facility. (f) Inspection of cultivation. The Department shall inspect and search the location of cultivation specified in a Hardship Cultivation Certificate during normal business hours. (g) Felony exclusion. The Department shall not issue a Hardship Cultivation Certificate to any Qualifying Patient or Designated Caregiver who has been found guilty or pleaded guilty or nolo contendere in a criminal proceeding, regardless of whether or not the adjudication of guilt or sentence is withheld by a court of this state, another state, or the federal government for any felony. The Department shall conduct a background check of each prospective Hardship Cultivation Certificate applicant in order to carry out this subsection. The Department shall notify the Qualifying Patient or Designated Caregiver in writing of the reason for denying the Hardship Cultivation Certificate. SECTION 107. Scope (a) Limitations. This chapter does not permit any person to: (1) Undertake any task under the influence of Cannabis when doing so would constitute negligence or professional malpractice; (2) Possess, smoke, or otherwise engage in the Medical Use of Cannabis: (A) In a school bus; (B) On the grounds of any daycare center, preschool, or primary or secondary school; (C) At a drug or alcohol treatment facility; (D) At a skating rink, Boys Club, Girls Club, YMCA, YWCA, or any similar community or recreation center; (E) In any correctional facility; (F) On any form of public transportation; or (G) In any public place; (3) Operate, navigate or be in actual physical control of any motor vehicle, aircraft, motorized watercraft or any other vehicle drawn by power other than muscular power while under the influence of Cannabis; or (4) Use Cannabis if that person does not have a Qualifying Medical Condition. (b) Construction. This chapter shall not be construed to require: (1) A government medical assistance program or private health insurer to reimburse a person for costs associated with the Medical Use of Cannabis; (2) An employer to accommodate the ingestion of Cannabis in any workplace or any employee working while under the influence of Cannabis; (3) Any individual or establishment in lawful possession of property to allow a guest, client, customer, or other visitor to use Cannabis on or in that property; or (4) A landlord to permit a Qualifying Patient to smoke Cannabis on any or in any leased property, except that a landlord shall not prohibit the Medical Use of Cannabis on leased property by a Qualifying Patient through means other than smoking, including but not limited to the ingestion of medical Cannabis or the inhalation through vaporization, as long as the tenant in possession of the property provides permission to the Qualifying Patient to use medical Cannabis in the rented property. (c) Penalty for fraudulent representation. Fraudulent representation to a law enforcement official of any fact or circumstance relating to the Medical Use of Cannabis to avoid arrest or prosecution is a civil violation punishable by a fine of five hundred dollars ($500) payable to The Department, which is in addition to any other penalties that may apply for making a false statement to law enforcement or for the use of Cannabis other than use undertaken pursuant to this chapter. SECTION 108. Affirmative defense and dismissal for Medical Use of Cannabis (a) Affirmative defense. Except as provided in subsection 107(a) and this section, an individual may assert a medical purpose for using Cannabis as an affirmative defense to prosecution for an offense involving Cannabis intended for the individual’s Medical Use, and this defense shall be presumed valid and the prosecution shall be dismissed where the evidence demonstrates that: (1) The individual is: (A) A Qualifying Patient, Designated Caregiver, Cannabis Testing Agent, or Nonprofit Cannabis Care Center Agent; and (B) In compliance with the conditions imposed in section 103 of this Act; or (2) All of the following apply: (A) The Department has delayed the review of the individual’s application, the issuance of the individual’s Registry Identification Card, or both for a period of greater than sixty (60) days; and (B) The individual’s application meets the requirements of a Qualifying Patient, Designated Caregiver, Cannabis Testing Lab Agent, or Nonprofit Cannabis Care Center Agent. (b) Limitations. The defense and motion to dismiss shall not prevail if either of the following are proven: (1) The individual’s Registry Identification Card has been revoked;

or (2) The purposes for the possession or cultivation of Cannabis were not solely for Medical Use. (c) Possession of Registry Identification Card is required. An individual is required to be in actual, physical possession of a Registry Identification Card to raise the affirmative defense set forth in this section. (d) Protections. If an individual demonstrates a Medical Use of Cannabis pursuant to this section, except as provided in subsection 107(a), the individual shall not be subject to the following: (1) Disciplinary action by an occupational or professional licensing board or bureau; or (2) Forfeiture of any interest in or right to non-Cannabis, licit property. SECTION 109. Registration, certification of Nonprofit Cannabis Care Centers (a) Nonprofit Cannabis Care Center registration required. Nonprofit Cannabis Care Centers shall register with The Department. (b) Issuing Nonprofit Cannabis Care Center registration certificates. Not later than sixty (60) days after receiving an application for a Nonprofit Cannabis Care Center, The Department shall register the Nonprofit Cannabis Care Center and issue a registration certificate and a random 10-digit alphanumeric identification number if: (1) The prospective Nonprofit Cannabis Care Center has submitted the following: (A) The application fee; (B) An application, including: (i) The legal name of the Nonprofit Cannabis Care Center; (ii) The physical address of the Nonprofit Cannabis Care Center and the physical address of one (1) additional location, if any, where Cannabis will be cultivated, neither of which shall be within one thousand feet (1000’) of a public or private school existing before the date of the Nonprofit Cannabis Care Center application; (iii) The name, address and date of birth of each Nonprofit Cannabis Care Center Agent; (iv) Written procedures to ensure accurate record-keeping and adequate security measures; (v) A sworn statement certifying that the Nonprofit Cannabis Care Center will operate in compliance with the restrictions, if the city, town or county in which the Nonprofit Cannabis Care Center would be located has enacted zoning restrictions; and (vi) A sworn statement that none of the Nonprofit Cannabis Care Center Agents is under twenty-one (21) years of age; (2) None of the owners, board members, or officers has been found guilty or pleaded guilty or nolo contendere in a criminal proceeding, regardless of whether or not the adjudication of guilt or sentence is withheld by a court of this state, another state, or the federal government for any felony; and (3) None of the owners, board members or officers has previously been an owner, board member, or officer of a Nonprofit Cannabis Care Center that has had its registration certificate revoked. (c) Number of Nonprofit Cannabis Care Centers limited. The Department shall not issue more than one (1) Nonprofit Cannabis Care Center registration certificate for every twenty (20) pharmacies that have obtained a pharmacy permit from the Arkansas State Board of Pharmacy and operate within the state, except that The Department may issue Nonprofit Cannabis Care Center registration certificates in excess of this limit if The Department determines that additional Nonprofit Cannabis Care Centers are necessary to provide convenient access to Usable Cannabis by Qualifying Patients in all parts of the state. (d) Criminal background checks. The Department shall conduct criminal background checks on each prospective owner, board member, or officer in order to carry out subdivision 109(b)(2). (e) Allowable conduct. A Nonprofit Cannabis Care Center registered under this section may acquire, possess, manufacture, prepare, deliver, transfer and transport Cannabis; and supply, sell, and dispense Usable Cannabis, Cannabis paraphernalia, and related supplies and educational materials to Qualifying Patients who have designated it as their Nonprofit Cannabis Care Center and to their Designated Caregivers for the Qualifying Patients’ Medical Use. Nonprofit Cannabis Care Centers are required to submit samples of their Usable Cannabis for testing to a certified Cannabis Testing Lab to be tested and labeled for potency, and to guarantee pesticide free, organically grown product. A Nonprofit Cannabis Care Center may receive compensation for providing the goods and services allowed by this section. A Nonprofit Cannabis Care Center may possess Cannabis and non-Cannabis parts of the Cannabis plant necessary for the cultivation of Cannabis. A Nonprofit Cannabis Care Center may also cultivate and possess whichever of the following quantities is greater: (1) One hundred (100) Cannabis plants, of which only fifty (50) may be greater than twelve (12) inches in height or diameter, and the Cannabis produced by the plants or predecessor plants; or (2) ten (10) Cannabis plants, of which only five (5) may be greater than twelve (12) inches in height or diameter, and all Cannabis produced by the plants or predecessor plants, for each Qualifying Patient who has designated the Nonprofit Cannabis Care Center to provide him or her with Cannabis for Medical Use. (f) Tracking. The Department shall track the number of Qualifying Patients who have designated each Nonprofit Cannabis Care Center to cultivate Cannabis for them and issue a monthly written statement to the Nonprofit Cannabis Care Center identifying the number of Qualifying Patients who have designated that Nonprofit Cannabis Care Center along with the Registry Identification Card numbers of each Qualifying Patient and each Qualifying Patient’s Designated Caregivers. This statement must be updated each time a new Qualifying Patient designates the Nonprofit Cannabis Care Center or ceases to designate the Nonprofit Cannabis Care Center and may be transmitted electronically if The Department’s rules so provide. The Department shall provide by rule that the updated written statements shall not be required more frequently than one (1) time per week. (g) Nonprofit Cannabis Care Center Agent Registry Identification Card. The Department shall issue each Nonprofit Cannabis Care Center Agent a Registry Identification Card within ten (10) days of receipt of the person’s name, address and date of birth under subdivision 109(b)(1)(B)(iii,) and a fee in an amount established by The Department. Each card must specify that the Cardholder is a Nonprofit Cannabis Care Center Agent and must contain: (1) The name, address and date of birth of the Nonprofit Cannabis Care Center Agent; (2) The legal name of the Nonprofit Cannabis Care Center with which the Nonprofit Cannabis Care Center Agent is affiliated; (3) A random identification number that is unique to the Cardholder; (4) The date of issuance and expiration date of the Registry Identification Card; and (5) A photograph, if The Department decides to require one. (h) Felony exclusion. The Department shall not issue a Registry Identification Card to any Nonprofit Cannabis Care Center Agent who has been found guilty or pleaded guilty or nolo contendere in a criminal proceeding, regardless of whether or not the adjudication of guilt or sentence is withheld by a court of this state, another state, or the federal government for any felony. The Department shall conduct a background check of each prospective Nonprofit Cannabis Care Center Agent in order to carry out this subsection. The Department shall notify the Nonprofit Cannabis Care Center Agent in writing of the reason for denying the Registry Identification Card. (i) Expiration. A Nonprofit Cannabis Care Center registration

certificate and the Registry Identification Card for each Nonprofit Cannabis Care Center Agent expire one (1) year after the date of issuance. The Department shall issue renewal Nonprofit Cannabis Care Center registration certificates and renewal Registry Identification Cards within ten (10) days prior to their expiration. A Registry Identification Card of a Nonprofit Cannabis Care Center Agent expires upon notification by a Nonprofit Cannabis Care Center that such person ceases to work at the Nonprofit Cannabis Care Center. SECTION 110. Nonprofit Cannabis Care Center inspections and search requirements (a) Reasonable inspection and search. Nonprofit Cannabis Care Centers are highly regulated by the state. A Nonprofit Cannabis Care Center therefore is subject to reasonable inspection and search by The Department, including of its inventory and records of transactions. Inspection and search under this subsection shall be conducted during normal business hours and in a reasonable manner. This does not preclude use of a search warrant if probable cause to believe a criminal offense has occurred on the premises. (b) Nonprofit Cannabis Care Center requirements. This subsection governs the operations of Nonprofit Cannabis Care Centers. (1) A Nonprofit Cannabis Care Center must be operated on a notfor-profit basis for the mutual benefit of its members and patrons. A Nonprofit Cannabis Care Center need not be recognized as a taxexempt organization under 26 U.S.C. § 501(c)(3). (2) A Nonprofit Cannabis Care Center shall not be located within one thousand feet (1000’) of the property line of a pre-existing public or private school. (3) A Nonprofit Cannabis Care Center shall notify The Department within ten (10) days of when a Nonprofit Cannabis Care Center Agent ceases to work at the Nonprofit Cannabis Care Center. (4) A Nonprofit Cannabis Care Center shall notify The Department in writing of the name, address and date of birth of any new Nonprofit Cannabis Care Center Agent and shall submit a fee in an amount established by The Department for a new Registry Identification Card before the new Nonprofit Cannabis Care Center Agent begins working at the Nonprofit Cannabis Care Center. (5) A Nonprofit Cannabis Care Center shall implement appropriate security measures to deter and prevent unauthorized entrance into areas containing Cannabis and the theft of Cannabis. (6) A Nonprofit Cannabis Care Center must have procedures for the oversight of the Nonprofit Cannabis Care Center and procedures to ensure accurate record keeping. (7) Each Nonprofit Cannabis Care Center shall keep the following records, dating back at least one (1) year: (A) Records of the disposal of Cannabis that is not distributed by the Nonprofit Cannabis Care Center to Qualifying Patients who have designated the Nonprofit Cannabis Care Center to cultivate for them; and (B) A record of each transaction, including the amount of Usable Cannabis dispensed, the amount of compensation, and the Registry Identification Card number of the Qualifying Patient or Designated Caregiver. (8) Each Nonprofit Cannabis Care Center shall: (A) Conduct an initial comprehensive inventory of all Usable Cannabis available for dispensing, Cannabis plants and seedlings at each approved location on the date the Nonprofit Cannabis Care Center first dispenses Cannabis; and (B) Conduct a monthly comprehensive inventory of all Cannabis, including Usable Cannabis available for dispensing, at each approved location. (9) A Nonprofit Cannabis Care Center is prohibited from acquiring, possessing, cultivating, preparing, manufacturing, delivering, transferring, transporting, supplying or dispensing Cannabis for any purpose except to Assist Qualifying Patients with the Medical Use of Cannabis directly or through the Qualifying Patients’ Designated Caregiver or to supply samples to a Cannabis Testing Lab. (10) All cultivation of Cannabis must take place in an Enclosed, Locked Facility. (11) A Nonprofit Cannabis Care Center or a Nonprofit Cannabis Care Center Agent shall not dispense more than two and one-half (2 ½) ounces of Usable Cannabis to a Qualifying Patient or to a Designated Caregiver on behalf of a Qualifying Patient during a fifteen (15) day period. Each time a Nonprofit Cannabis Care Center Agent dispenses Usable Cannabis to a Qualifying Patient directly or through the Qualifying Patient’s Designated Caregiver, he must consult the Nonprofit Cannabis Care Center’s records to verify that the records do not indicate that the dispensing of Usable Cannabis would cause the Qualifying Patient to receive more Usable Cannabis than is permitted in a fifteen (15) day period. Each time Usable Cannabis is dispensed, the Nonprofit Cannabis Care Center Agent shall record the date the Usable Cannabis was dispensed and the amount dispensed. All records must be kept according to the Registry Identification Card number of the Qualifying Patient and Designated Caregiver, if any. (12) The Nonprofit Cannabis Care Center records with Qualifying Patient information shall be treated as a confidential medical record. Section 111. Registration, Certification of Cannabis Testing Labs (a) Cannabis Testing Lab registration required. Cannabis Testing Labs shall register with The Department. (b) Issuing Cannabis Testing Lab registration certificates. Not later than sixty (60) days after receiving an application for a Cannabis Testing Lab, The Department shall register the Cannabis Testing Lab and issue a registration certificate and a random 10-digit alphanumeric identification number if: (1) The prospective Cannabis Testing Lab has submitted the following: (A) The application fee; (B) An application, including: (i) The legal name of the Cannabis Testing Lab; (ii) The physical address of the Cannabis Testing Lab, which shall not be within one thousand feet (1000’) of a public or private school existing before the date of the Cannabis Testing Lab application; (iii) The name, address and date of birth of each Cannabis Testing Lab Agent; (iv) Written procedures to ensure accurate record-keeping and adequate security measures; (v) A sworn statement that none of the Cannabis Testing Lab Agents is under twenty-one (21) years of age; (2) None of the owners, board members, or officers has been found guilty or pleaded guilty or nolo contendere in a criminal proceeding, regardless of whether or not the adjudication of guilt or sentence is withheld by a court of this state, another state, or the federal government for any felony; and (3) None of the owners, board members or officers has previously been an owner, board member, or officer of a Cannabis Testing Lab that has had its registration certificate revoked. (c) Criminal background checks. The Department shall conduct criminal background checks on each prospective owner, board member, or officer in order to carry out subdivision 111 (b)(2). (d) Allowable conduct. A Cannabis Testing Lab registered under this section may acquire, possess, transfer and transport Cannabis to a Nonprofit Cannabis Care Center for the purpose of testing and labeling Cannabis for potency, and to guarantee pesticide free, organically grown product. A Cannabis Testing Lab may receive compensation for providing the services allowed by this section. (e) Cannabis Testing Lab Agent Registry Identification Card. The Department shall issue each Cannabis Testing Lab Agent a Registry Identification Card within ten (10) days of receipt of the person’s


• Cleveland County Herald, October 19, 2016 - page 8B •

Public Notice IN THE CIRCUIT COURT OF CLEVELAND COUNTY, ARKANSAS CIVIL DIVISION DIVISION #6th KARL ROBERSON

PLAINTIFF

VS.

NO. 13CV-37-6

CALVIN ROBERSON and JACKIE ROBERTS, his wife; SHERRILL RAYFORD and CLEVELAND RAYFORD, her husband; JENNIFER HOLMES and KENNETH HOLMES, her husband

DEFENDANTS

WARNING ORDER TO:

JACKIE ROBERTS, JENNIFER HOLMES and KENNETH HOLMES, DEFENDANTS:

You are hereby warned to appear in the Court within thirty (30) days from the first date of publication shown below and answer the complaint of the plaintiff wherein the property or thing to be affected is described as follows: A part of the Southeast Quarter of the Northwest Quarter (SE¼ NW¼) of Section 21, Township 8 South, Range 10 West, Cleveland County, Arkansas, described as follows:

MERCANTILE RESTORATION Friends of Pioneer Village were able to show off the improvements they have made to the old Mercantile building for the first time Saturday during Rison in the Fall. The building, which dates back to the early 1900s, was set back with the same interior design that made it a favorite visiting spot during the old Pioneer Crafts Festival. (Above) The front porch was a popular resting place during Rison in the Fall. (Left) Friends of Pioneer Village volunteers Karen Talent and Sharon Gray work inside the consignment store that was open during the festival.

Beginning at a point 529.8 feet North of the Southeast corner of the said Southeast Quarter of the Northwest Quarter (SE¼ NW¼) of Section 21 which point is in the East line thereof: thence run North 737.22 feet along the East line of the said SE¼ NW¼ of Section 21 or to the Northeast corner of said 40 acre tract which corner is in the East boundary of the Rison Public Road, thence run South 30° West 561 feet along the East boundary of the said Rison Public Road; thence South 87° 10' West 297 feet; thence South 30° West 297 feet parallel with the said Rison Public Road; thence North 87° 10' East 782.7 feet to the POINT OF BEGINNING, containing 5.7 acres, more or less; LESS AND EXCEPT the following: Commencing at the Southeast corner of the Southeast Quarter of the Northwest Quarter (SE¼ NW¼) of Section 21, Township 8 South, Range 10 West, Cleveland County, Arkansas; thence North 219 feet to the POINT OF BEGINNING; thence North 262 feet; thence North 87° 15' West 424 feet to the East right of way of Hwy. #133; thence South 32° West along said Hwy. 200 feet; thence South 68° 07' East 570.6 feet to the POINT OF BEGINNING. PLAINTIFF HAS FILED A COMPLAINT FOR PARTITION AGAINST YOU. Your failure to file a written answer within thirty (30) days may bar you from answering or asserting any defense you may have. WITNESS my hand and seal of said Court this 11th day of October, 2016.

JIMMY CUMMINGS Cleveland County Circuit Clerk

This notice first published on the 19th day of October, 2016. R. Victor Harper Attorney for Plaintiff 717 South Lincoln Avenue Star City, AR 71667

Public Notice name, address and date of birth under subdivision 111 (b)(1)(B) (iii,) and a fee in an amount established by The Department. Each card must specify that the Cardholder is a Cannabis Testing Lab Agent and must contain: (1) The name, address and date of birth of the Cannabis Testing Lab Agent; (2) The legal name of the Cannabis Testing Lab with which the Cannabis Testing Lab Agent is affiliated; (3) A random identification number that is unique to the Cardholder; (4) The date of issuance and expiration date of the Registry Identification Card; and (5) A photograph, if The Department decides to require one. (f) Felony exclusion. The Department shall not issue a Registry Identification Card to any Cannabis Testing Lab Agent who has been found guilty or pleaded guilty or nolo contendere in a criminal proceeding, regardless of whether or not the adjudication of guilt or sentence is withheld by a court of this state, another state, or the federal government for any felony. The Department shall conduct a background check of each prospective Cannabis Testing Lab Agent in order to carry out this subsection. The Department shall notify the Cannabis Testing Lab Agent in writing of the reason for denying the Registry Identification Card. (g) Expiration. A Cannabis Testing Lab registration certificate and the Registry Identification Card for each Cannabis Testing Lab Agent expire one (1) year after the date of issuance. The Department shall issue renewal Cannabis Testing Lab registration certificates and renewal Registry Identification Cards within ten (10) days prior to their expiration. A Registry Identification Card of a Cannabis Testing Lab Agent expires upon notification by a Cannabis Testing Lab that such person ceases to work at the Cannabis Testing Lab. (h) Reasonable inspection and search. Cannabis Testing Labs are highly regulated by the state. A Cannabis Testing Lab therefore is subject to reasonable inspection and search by The Department, including of its inventory and records of transactions. Inspection and search under this subsection shall be conducted during normal business hours and in a reasonable manner. This does not preclude use of a search warrant if probable cause to believe a criminal offense has occurred on the premises. SECTION 112. Immunity for Nonprofit Cannabis Care Centers and Cannabis Testing Labs (a) Protections for Nonprofit Cannabis Care Centers and Cannabis Testing Labs. No Nonprofit Cannabis Care Center or Cannabis Testing Lab shall be subject to the following: (1) Prosecution for the Medical Use of Cannabis in accordance with the provisions of this chapter and any rule adopted by The Department pursuant to this chapter; (2) Inspection and search, except pursuant to subsection 110(a) and subsection 111 (h), or upon a search warrant issued by a court or judicial officer; (3) Seizure of Cannabis, except upon any order issued by a court or judicial officer and with due process of law; or (4) Imposition of any penalty or denial of any right or privilege including, but not limited to, imposition of a civil penalty or disciplinary action by an occupational or professional licensing board or entity, solely for acting in accordance with this chapter for a Nonprofit Cannabis Care Center to Assist Qualifying Patients or Designated Caregivers with the Medical Use of Cannabis or for a Cannabis Testing Lab to have possession of Cannabis for testing purposes. (b) Protections for Nonprofit Cannabis Care Center Agents and Cannabis Testing Lab Agents. No Nonprofit Cannabis Care Center Agent or Cannabis Testing Lab Agent shall be subject to arrest, prosecution, search, seizure, or penalty in any manner, or

denied any right or privilege including, but not limited to, civil penalty or disciplinary action by a business, or occupational, or professional licensing board or entity, solely for working for or with a Nonprofit Cannabis Care Center or a Cannabis Testing Lab to engage in acts permitted by this chapter. SECTION 113. Prohibitions for Nonprofit Cannabis Care Centers and Cannabis Testing Labs (a) A Nonprofit Cannabis Care Center shall not dispense, deliver or otherwise transfer Cannabis to a person other than a Qualifying Patient who has designated the Nonprofit Cannabis Care Center to cultivate Cannabis for them or to the Qualifying Patient’s Designated Caregiver, or another Nonprofit Cannabis Care Center, or to a Cannabis Testing Lab for testing purposes. (b) A Cannabis Testing Lab shall not deliver or otherwise transfer Cannabis to any person other than a Nonprofit Cannabis Care Center Agent. (c) The Department shall immediately revoke the Registry Identification Card of a Nonprofit Cannabis Care Center Agent or Cannabis Testing Agent who is found to have violated subsection 113(a) or subsection 113(b), and such a person shall be disqualified from serving as a Nonprofit Cannabis Care Center Agent or Cannabis Testing Lab Agent. (d) A person who has been found guilty or pleaded guilty or no/o contendere in a criminal proceeding, regardless of whether or not the adjudication of guilt or sentence is withheld by a court of this state, another state, or the federal government for any felony shall not be a Nonprofit Cannabis Care Center Agent or a Cannabis Testing Lab Agent. A Nonprofit Cannabis Care Center Agent or Cannabis Testing Lab Agent in violation of this subsection commits a civil violation for which a fine of not more than $1,000 may be adjudged and collected by The Department. A Nonprofit Cannabis Care Center Agent or a Cannabis Testing Lab Agent in violation of this subsection and who at the time of the violation has been previously found to have violated this subsection commits a Class C misdemeanor. SECTION 114. Local regulation. This chapter does not prohibit a city, incorporated town or county of this state from limiting the number of Nonprofit Cannabis Care Centers that may operate in the political subdivision as it sees fit or from enacting reasonable zoning regulations applicable to Nonprofit Cannabis Care Centers. SECTION 115. Prohibited conduct for Physicians. A Physician shall not: (a) Accept, solicit, or offer any form of pecuniary remuneration from or to a Nonprofit Cannabis Care Center or other provider of Cannabis. (b) Offer a discount or other thing of value to a Qualifying Patient who uses or agrees to use a particular Nonprofit Cannabis Care Center. (c) Examine a patient for purposes of diagnosing a Qualifying Medical Condition at a location where Cannabis is sold or distributed. (d) Hold an economic interest in a Nonprofit Cannabis Care Center if the Physician certifies the Qualifying Medical Condition of a patient for participation in the medical Cannabis program. SECTION 116. Enforcement (a) Department failure to adopt rules. If The Department fails to adopt rules to implement this chapter within the time prescribed, any Arkansas citizen may commence a mandamus action in Pulaski County Circuit Court to compel The Department to perform the actions mandated pursuant to the provisions of this chapter.

(b) Department failure to issue a valid Registry Identification Card or Hardship Cultivation Certificate. If The Department fails to issue a valid Registry Identification Card or Hardship Cultivation Certificate in response to a valid application or renewal submitted pursuant to this chapter within forty-five (45) days of its submission, the Registry Identification Card or Hardship Cultivation Certificate is deemed granted, and a copy of the application or renewal is deemed a valid Registry Identification Card or Hardship Cultivation Certificate. (c) Department failure to accept or process applications for Registry Identification Cards. If at any time after the effective date of this chapter, allowing time for adoption of rules, The Department has failed to accept or process applications in a reasonable timely manner under subsection 105(c), a notarized statement by a Qualifying Patient containing the information required in an application, pursuant to subsection 105(a), is deemed a valid Registry Identification Card. (d) Department failure to accept or process applications for Hardship Cultivation Certificates. If at any time after the effective date of this chapter, allowing time for adoption of rules, The Department has failed to accept or process applications in a reasonable timely manner under subsection 106(b), for Hardship Cultivation Certificates, a notarized statement by a Qualifying Patient containing the information required in an application, pursuant to section 106(a), is deemed a valid Hardship Cultivation Certificate. SECTION 117. Taxation and distribution of proceeds. (a) The sale of Cannabis under this chapter is subject to all state and local taxes. (b) No special taxes will be added to the sale of medical cannabis. (c) The state sales tax revenues received by the Department of Finance and Administration from the sale of Cannabis under this chapter shall be distributed as special revenue to The Department to cover the cost of administering this chapter. Any remaining revenue shall be allocated as special revenues and shall be used to provide Usable Cannabis on the sliding scale to Qualifying Patients determined to be eligible pursuant to subdivision 104(h) (1). SECTION 118. No implied repeal. By adoption of this Act, there is no implied repeal of the existing Arkansas laws criminalizing possession of Cannabis for purposes not specified in this Act. This Act also acknowledges that Cannabis use, possession, and distribution for any purpose remain illegal under federal law. Nothing in this Act requires the violation of federal law or purports to give immunity under federal law. SECTION 119. Severability If any provision or section of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provisions or application of the Act which can be given effect without the invalid provisions or applications, and to this end the provisions of the Act are declared to be severable. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND FIXED THE OFFICIAL SEAL OF THE OFFICE OF SECRETARY OF STATE ON THIS 1ST DAY OF SEPTEMBER, 2016. MARK MARTIN SECRETARY OF STATE STATE OF ARKANSAS

Cleveland County Herald - October 19, 2016  

Cleveland County Herald - October 19, 2016

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