Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to the Arkansas
                                                  Constitution.
 State of Arkansas             As Engrossed:       S3/27/23 S4/6/23
 94th General Assembly
 Regular Session, 2023                                                                          SJR 15
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 By: Senator B. King
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                             SENATE JOINT RESOLUTION
                AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING
                THE MEMBERSHIP OF THE STATE HIGHWAY COMMISSION;
                PROVIDING THAT EACH MEMBER OF THE STATE HIGHWAY
                COMMISSION SHALL REPRESENT A DISTRICT COMPRISED OF
                CERTAIN COUNTIES OF THE STATE; PROVIDING THAT A
                MEMBER OF THE STATE HIGHWAY COMMISSION SHALL RESIDE
                WITHIN HIS OR HER DISTRICT; AMENDING AND CLARIFYING
                THE DUTIES OF THE SENATE REGARDING ADVICE AND CONSENT
                FOR APPOINTMENTS TO THE STATE HIGHWAY COMMISSION AND
                THE REMOVAL OF COMMISSIONERS; AND PROVIDING FOR THE
                IMPLEMENTATION OF THE AMENDMENT.
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                                              Subtitle
                         A CONSTITUTIONAL AMENDMENT CONCERNING THE
                         MEMBERSHIP OF THE STATE HIGHWAY
                         COMMISSION.
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 BE IT RESOLVED BY THE SENATE OF THE NINETY-FOURTH GENERAL ASSEMBLY OF THE
 STATE OF ARKANSAS, AND BY THE HOUSE OF REPRESENTATIVES, A MAJORITY OF ALL
 MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO:
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        THAT the following is proposed as an amendment to the Constitution of
 the State of Arkansas, and upon being submitted to the electors of the state
 for approval or rejection at the next general election for Representatives
 and Senators, if a majority of the electors voting thereon at the election
 adopt the amendment, the amendment shall become a part of the Constitution of
 the State of Arkansas, to wit:
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     As Engrossed:    S3/27/23 S4/6/23                                             SJR15
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      SECTION 1.        Arkansas Constitution, Amendment 42, § 2, is amended to
 read as follows:
      § 2. Qualifications and appointment of members — Terms of office of
 first commission.
      (a)   Within ten days after the convening of the General Assembly of the
 State of Arkansas in the year 1953, the The Governor, by and with the advice
 and consent of the Senate under subsection (c) of this section, shall appoint
 five (5) persons who are qualified electors of the State to constitute the
 State Highway Commission for terms of two, four, six, eight and ten years
 respectively. The terms of the persons so appointed shall be determined by
 lot. The Commissioners to be appointed from the State at large; provided,
 however, that no two Commissioners shall be appointed from any single
 Congressional District.
      (b)(1)     The Commissioners shall be appointed as follows:
                        (A)   One (1) Commissioner who resides within and represents
 District 1, which shall consist of Carroll, Boone, Marion, Baxter, Fulton,
 Izard, Sharp, Lawrence, Randolph, Clay, Greene, Craighead, Madison, Newton,
 Searcy, Stone, Independence, Franklin, Johnson, Pope, Conway, Van Buren, and
 Cleburne counties;
                        (B)   One (1) Commissioner who resides within and represents
 District 2, which shall consist of Faulkner, Pulaski, and Saline counties;
                        (C)   One (1) Commissioner who resides within and represents
 District 3, which shall consist of Benton, Washington, Crawford, and
 Sebastian counties;
                        (D)   One (1) Commissioner who resides within and represents
 District 4, which shall consist of Miller, Lafayette, Columbia, Union,
 Calhoun, Ouachita, Nevada, Hempstead, Little River, Sevier, Howard, Pike,
 Clark, Dallas, Grant, Hot Spring, Garland, Montgomery, Polk, Scott, Logan,
 Yell, and Perry counties; and
                        (E)   One (1) Commissioner who resides within and represents
 District 5, which shall consist of Mississippi, Poinsett, Cross, Crittenden,
 St. Francis, Lee, Phillips, Desha, Chicot, Ashley, Bradley, Drew, Lincoln,
 Cleveland, Jefferson, Arkansas, Monroe, Prairie, Lonoke, White, Woodruff, and
 Jackson counties.
               (2)(A)     A Commissioner shall reside within the district he or she
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     As Engrossed:       S3/27/23 S4/6/23                                           SJR15
 represents during his or her term.
                       (B)   If a Commissioner does not reside within the district
 he or she represents during his or her term, the Governor shall remove the
 Commissioner under Arkansas Constitution, Amendment 42, § 4.
      (c)(1)     When the name of an appointee is submitted to the Senate for
 advice and consent, only the members of the Senate who reside within the
 district under subsection (b) of this section that would be represented by
 the appointee shall provide advice and consent regarding the appointment.
               (2)    Advice and consent for an appointee to the Commission
 requires a majority vote of the members of the Senate considering the
 appointment under subdivision (c)(1) of this section.
      (d)(1)     In the event of rejection by the members of the Senate under
 subsection (c) of this section of a person whose name has been so submitted,
 the Governor shall within five (5) days after receipt of written notice from
 the Secretary of the Senate of such rejection submit the name of another
 appointee to fill such vacancy.
               (2)    In the event the Governor should within five (5) days
 thereafter fail to appoint or fail to submit to the Senate for confirmation
 the name of any person to be appointed, the members of the Senate who reside
 within the district under subsection (b) of this section subject to the
 appointment shall proceed to make the appointment of its their own choice by
 a majority vote of the members of the Senate who reside within the district.
      (e)   A Commissioner shall serve a term of ten (10) years.
      (f)(1)     The General Assembly may, by a three-fifths (3/5) vote of each
 house, amend the distribution of counties among districts under subsection
 (b) of this section in the regular session following each federal decennial
 census.
               (2)    If a redistribution of counties among districts under
 subdivision (f)(1) of this section results in a Commissioner no longer
 residing within the district he or she represents:
                       (A)   A vacancy shall be declared by the Governor with
 regard to the Commissioner who no longer resides within the district as a
 result of the redistribution of counties; and
                       (B)   A Commissioner shall be appointed under Arkansas
 Constitution, Amendment 42, § 5 to fill the unexpired term.
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     As Engrossed:   S3/27/23 S4/6/23                                            SJR15
      SECTION 2.    Arkansas Constitution, Amendment 42, § 3, is repealed.
      § 3. Terms of office of members.
      Upon the expiration of the foregoing terms of said Commissioners, a
 successor shall be appointed by the Governor in the manner provided for in
 Section 2 for a term of ten years, which term shall thereafter be for each
 member of the Commission.
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      SECTION 3.    Arkansas Constitution, Amendment 42, § 4, is amended to
 read as follows:
      4. Removal of members — Hearing — Review and appeal.
      A Commissioner may be removed by the Governor only as provided in this
 amendment or for the same causes as apply to other constitutional officers
 after a hearing which may be reviewed by the Chancery Court for the First
 District Pulaski County Circuit Court, with right of appeal therefrom to the
 Supreme Court, such review and appeal to be without presumption in favor of
 any finding by the Governor or the trial court, and provided further, in
 addition to the right of confirmation hereinabove reserved to the Senate, the
 full membership of the Senate may, upon the written request of at least Five
 (5) of its members that a member or members of the Commission should be
 removed therefrom, proceed, when in session, to hear any and all evidence
 pertinent to the reasons for removal. The member or members whose removal is
 so requested shall be entitled to be heard in the matter and to be
 represented before the Senate by legal Counsel. These proceedings conducted
 by the Senate shall be public and a transcript of the testimony so heard
 shall be prepared and preserved in the journal of the Senate. The taking of
 evidence either orally or by deposition shall not be bound by the formal
 rules of evidence. Upon the conclusion of the hearing, the Senate, sitting as
 a body in executive session, may remove said member or members of the
 Commission by a majority vote conducted by secret ballot.
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      SECTION 4.    Arkansas Constitution, Amendment 42, § 5, is amended to
 read as follows:
      § 5. Vacancies — Filling.
      (a)   Vacancies on the State Highway Commission due to resignations,
 death, or removal, or a Commissioner residing outside his or her district as
 a result of a redistribution of counties under Arkansas Constitution,
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     As Engrossed:     S3/27/23 S4/6/23                                             SJR15
 Amendment 42, § 2(f), shall be filled by appointment of the Governor for the
 unexpired term within thirty (30) days from the date of such vacancy.
         (b)   Upon failure of the Governor to fill the vacancy within thirty
 (30) days, the remaining Commissioners shall make the appointment for the
 unexpired term.
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         SECTION 5.     EFFECTIVE DATE AND IMPLEMENTATION.
         (a)   This amendment is effective on and after January 1, 2025.
         (b)   The changes to the membership of the State Highway Commission
 under Section 1 of this amendment shall be implemented by the filling of
 vacancies on the Commission as follows:
               (1)(A)     The Commissioner serving on the effective date of this
 amendment whose term expires in 2025 shall, upon the expiration of his or her
 term, be replaced by a Commissioner who shall reside within and represent
 District 1 under Arkansas Constitution, Amendment 42, § 2(b).
                        (B)   If a vacancy occurs in the position of the
 Commissioner whose term expires in 2025 prior to the expiration of his or her
 term:
                              (i)    The appointment to fill the vacancy shall be for
 the unexpired term; and
                              (ii)   The appointee to fill the vacancy shall reside
 within and represent District 1 under Arkansas Constitution, Amendment 42, §
 2(b);
               (2)(A)     The Commissioner serving on the effective date of this
 amendment whose term expires in 2027 shall, upon the expiration of his or her
 term, be replaced by a Commissioner who shall reside within and represent
 District 5 under Arkansas Constitution, Amendment 42, § 2(b).
                        (B)   If a vacancy occurs in the position of the
 Commissioner whose term expires in 2027 prior to the expiration of his or her
 term:
                              (i)    The appointment to fill the vacancy shall be for
 the unexpired term; and
                              (ii)   The appointee to fill the vacancy shall reside
 within and represent District 5 under Arkansas Constitution, Amendment 42, §
 2(b);
               (3)(A)     The Commissioner serving on the effective date of this
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     As Engrossed:   S3/27/23 S4/6/23                                             SJR15
 amendment whose term expires in 2029 shall, upon the expiration of his or her
 term, be replaced by a Commissioner who shall reside within and represent
 District 3 under Arkansas Constitution, Amendment 42, § 2(b).
                      (B)   If a vacancy occurs in the position of the
 Commissioner whose term expires in 2029 prior to the expiration of his or her
 term:
                            (i)    The appointment to fill the vacancy shall be for
 the unexpired term; and
                            (ii)   The appointee to fill the vacancy shall reside
 within and represent District 3 under Arkansas Constitution, Amendment 42, §
 2(b);
             (4)(A)     The Commissioner serving on the effective date of this
 amendment whose term expires in 2031 shall, upon the expiration of his or her
 term, be replaced by a Commissioner who shall reside within and represent
 District 2 under Arkansas Constitution, Amendment 42, § 2(b).
                      (B)   If a vacancy occurs in the position of the
 Commissioner whose term expires in 2031 prior to the expiration of his or her
 term:
                            (i)    The appointment to fill the vacancy shall be for
 the unexpired term; and
                            (ii)   The appointee to fill the vacancy shall reside
 within and represent District 2 under Arkansas Constitution, Amendment 42, §
 2(b); and
             (5)(A)     The Commissioner serving on the effective date of this
 amendment whose term expires in 2033 shall, upon the expiration of his or her
 term, be replaced by a Commissioner who shall reside within and represent
 District 4 under Arkansas Constitution, Amendment 42, § 2(b).
                      (B)   If a vacancy occurs in the position of the
 Commissioner whose term expires in 2033 prior to the expiration of his or her
 term:
                            (i)    The appointment to fill the vacancy shall be for
 the unexpired term; and
                            (ii)   The appointee to fill the vacancy shall reside
 within and represent District 4 under Arkansas Constitution, Amendment 42, §
 2(b).
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     As Engrossed:      S3/27/23 S4/6/23                                          SJR15
      SECTION 6.      BALLOT TITLE AND POPULAR NAME.   When this proposed
 amendment is submitted to the electors of this state on the general election
 ballot:
              (1)    The title of this Joint Resolution shall be the ballot
 title; and
              (2)    The popular name shall be "A Constitutional Amendment
 Concerning the Membership of the State Highway Commission; Providing That
 Each Member of the State Highway Commission Shall Represent a District
 Comprised of Certain Counties of the State; Providing That a Member of the
 State Highway Commission Shall Reside Within His or Her District; Amending
 and Clarifying the Duties of the Senate Regarding Advice and Consent for
 Appointments to the State Highway Commission and the Removal of
 Commissioners; and Providing for the Implementation of the Amendment".
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                                       /s/B. King
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