Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to the Arkansas
                                                  Constitution.
 1   State of Arkansas
 2   93rd General Assembly
 3   Regular Session, 2021                                                                       HJR 1009
 4
 5   By: Representative Dotson
 6
 7                                HOUSE JOINT RESOLUTION
 8                  AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING
 9                  THE STATE HIGHWAY COMMISSION; CHANGING THE NAME OF
10                  THE STATE HIGHWAY COMMISSION TO THE STATE
11                  TRANSPORTATION COMMISSION; PROVIDING FOR INCREASED
12                  LEGISLATIVE OVERSIGHT OF THE STATE TRANSPORTATION
13                  COMMISSION BY PROVIDING THAT THE POWERS AND DUTIES OF
14                  THE STATE TRANSPORTATION COMMISSION MAY BE PRESCRIBED
15                  BY LAW; REVISING THE MEMBERSHIP AND THE POWERS AND
16                  DUTIES OF THE STATE TRANSPORTATION COMMISSION; AND
17                  PROVIDING THAT THE STATE TRANSPORTATION COMMISSION
18                  SHALL APPOINT A SECRETARY OF TRANSPORTATION WHO SHALL
19                  HAVE DUTIES AS PRESCRIBED BY LAW.
20
21
22                                                Subtitle
23                           AN AMENDMENT TO THE ARKANSAS CONSTITUTION
24                           CONCERNING THE STATE HIGHWAY COMMISSION.
25
26
27   BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-THIRD GENERAL
28   ASSEMBLY OF THE STATE OF ARKANSAS, AND BY THE SENATE, A MAJORITY OF ALL
29   MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO:
30
31          That the following is proposed as an amendment to the Constitution of
32   the State of Arkansas, and upon being submitted to the electors of the state
33   for approval or rejection at the next general election for Representatives
34   and Senators, if a majority of the electors voting thereon at the election
35   adopt the amendment, the amendment shall become a part of the Constitution of
36   the State of Arkansas, to wit:
     *MBM064*                                                                2/10/2021 9:38:48 AM MBM064
                                                                                HJR1009
 1
 2        SECTION 1.     Arkansas Constitution, Amendment 42,  1 and 2, are
 3   amended to read as follows:
 4         1.   Commission created  Members  Powers.
 5        There is hereby created a State Highway Transportation Commission which
 6   shall be vested with all the powers and duties now or hereafter imposed by
 7   law for the administration of the State Highway Department, together with all
 8   powers necessary or proper to enable the Commission or any of its officers or
 9   employees to carry out fully and effectively the regulations and laws
10   relating to the State Highway Department as may be prescribed by law.
11
12         2.   Qualifications and appointment of members  Terms of office of
13   first commission.
14        Within ten (10) days after the convening of the General Assembly of the
15   State of Arkansas in the year 1953, the Governor, by and with the advice and
16   consent of the Senate, shall appoint five (5) persons who are qualified
17   electors of the State to constitute the State Highway Transportation
18   Commission for terms of two (2), four (4), six (6), eight (8) and ten (10)
19   years respectively.    The terms of the persons so appointed shall be
20   determined by lot.    The Commissioners to be appointed from the State at
21   large; provided, however, that no two Commissioners shall be appointed from
22   any single Congressional District at least one (1) Commissioner shall be
23   appointed from each Congressional District.
24        In the event of rejection by the Senate of a person whose name has been
25   so submitted, the Governor shall within five (5) days after receipt of
26   written notice from the Secretary of the Senate of such rejection submit the
27   name of another appointee to fill such vacancy.    In the event the Governor
28   should within five (5) days thereafter fail to appoint or fail to submit to
29   the Senate for confirmation the name of any person to be appointed, the
30   Senate shall proceed to make the appointment of its own choice.
31
32        SECTION 2.     Arkansas Constitution, Amendment 42,  6, is amended to
33   read as follows:
34         6.   Director of Highways Secretary of Transportation.
35        The Commission shall appoint a Director of Highways Secretary of
36   Transportation who shall have such duties as may be prescribed by the
                                          2               2/10/2021 9:38:48 AM MBM064
                                                                                HJR1009
 1   Commission or by statute law.
 2
 3        SECTION 3.     EFFECTIVE DATE.   This amendment shall be effective on and
 4   after July 1, 2023.
 5
 6        SECTION 4.     BALLOT TITLE AND POPULAR NAME.   When this proposed
 7   amendment is submitted to the electors of this state on the general election
 8   ballot:
 9                (1)   The title of this Joint Resolution shall be the ballot
10   title; and
11                (2)   The popular name shall be "A Constitutional Amendment
12   Concerning the State Highway Commission and Amending the Name, Membership,
13   Powers, and Duties of the State Highway Commission".
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
                                           3              2/10/2021 9:38:48 AM MBM064