Stricken language would be deleted from and underlined language would be added to present law.
Act 739 of the Regular Session
1 State of Arkansas As Engrossed: H4/7/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 SENATE BILL 542
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5 By: Senator J. Dismang
6 By: Representative McNair
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8 For An Act To Be Entitled
9 AN ACT TO AMEND THE LAW CONCERNING THE DUTIES OF THE
10 STATE HIGHWAY COMMISSION; AND FOR OTHER PURPOSES.
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13 Subtitle
14 TO AMEND THE LAW CONCERNING THE DUTIES OF
15 THE STATE HIGHWAY COMMISSION.
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18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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20 SECTION 1. DO NOT CODIFY. Legislative Intent.
21 The General Assembly finds that:
22 (1) Acts 2019, No. 298, required a study of the working
23 processes and functioning of the Arkansas Department of Transportation;
24 (2) The purpose of the study was to examine and identify areas
25 of potential improvement within the overall functioning of the department and
26 to recommend legislation to the General Assembly for consideration in order
27 to:
28 (A) Maximize the department's use of taxpayer dollars;
29 (B) Improve the efficiency and overall functioning of the
30 department; and
31 (C) Ensure the responsiveness of the department to the
32 needs of the State of Arkansas and its citizens with regard to improvement of
33 the state highways and roads;
34 (3) The study was conducted with transparency through the
35 collaboration of the department, members of the Highway Commission Review and
36 Advisory Subcommittee of the Legislative Council, and members of the public;
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 As Engrossed: H4/7/21 SB542
1 and
2 (4) Continued collaboration between the department, members of
3 the Highway Commission Review and Advisory Subcommittee of the Legislative
4 Council, and members of the public is necessary to facilitate transparency
5 and the implementation of the recommendations resulting from the study.
6
7 SECTION 2. Arkansas Code 27-65-107(a)(18), concerning the powers and
8 duties of the State Highway Commission, is amended to read as follows:
9 (18)(A) To propose and submit rules regarding the:
10 (i) Criteria for distribution of funds and the
11 distribution of funds from the:
12 (a) State Highway and Transportation
13 Department Fund; and
14 (b) Road and Bridge Repair, Maintenance, and
15 Grants Fund; and
16 (ii) Spending priority designated for highway
17 construction contracts and public road construction projects by the
18 department and the commission, including the criteria used to establish the
19 spending priority.; and
20 (iii) Implementation of the recommendations included
21 in the final report submitted by the Legislative Council resulting from the
22 study of the Arkansas Department of Transportation required by the Highway
23 Commission Review and Advisory Subcommittee of the Legislative Council under
24 Acts 2019, No. 298.
25 (B)(i) The commission shall submit the proposed rules
26 required under subdivision (a)(18)(A) of this section to the Highway
27 Commission Review and Advisory Subcommittee of the Legislative Council for
28 review.
29 (ii) Proposed rules required under subdivision
30 (a)(18)(A) of this section that are under consideration at the time the act
31 passes do not require review by the Highway Commission Review and Advisory
32 Subcommittee of the Legislative Council prior to implementation but shall be
33 submitted to the Highway Commission Review and Advisory Subcommittee of the
34 Legislative Council by October 1, 2017, as a report.
35 (iii) (ii) The proposed rules required under
36 subdivision (a)(18)(A) of this section are not required to be promulgated
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 As Engrossed: H4/7/21 SB542
1 under the Arkansas Administrative Procedure Act, 25-15-201 et seq., but
2 shall be published after review by the Highway Commission Review and Advisory
3 Subcommittee of the Legislative Council; and.
4 (C) The commission shall submit proposed contracts under
5 subdivision (a)(18)(A)(iii) of this section of fifty thousand dollars
6 ($50,000) or more to the Highway Commission Review and Advisory Subcommittee
7 of the Legislative Council for review before the execution of the contracts.
8 (D) The Highway Commission Review and Advisory
9 Subcommittee of the Legislative Council shall allow members of the public a
10 reasonable length of time to comment on the proposed rules and contracts
11 submitted under subdivision (a)(18)(A)(iii) and subdivision (a)(18)(C) of
12 this section.
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15 /s/J. Dismang
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18 APPROVED: 4/16/21
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Statutes affected:
Old version SB542 Original - 3-16-2021 09:28 AM: 27-65-107(a)
Old version SB542 V2 - 4-7-2021 01:23 PM: 27-65-107(a)
SB 542: 27-65-107(a)
Act 739: 27-65-107(a)