SB445
To Amend The Provisions Of Arkansas Constitution, Amendments 91 And 101, To Provide That Proceeds May Be Applied To Multilane Highway Improvements; And To Declare An Emergency.
Last Action (April 3, 2023): Sine Die adjournment
Sponsors
AI-Generated Summary
Senate Bill 445 proposes amending the Arkansas Constitution, specifically Amendments 91 and 101, to expand the allowed use of bond proceeds and tax revenues from strictly 'four-lane' highway projects to 'multilane' highway projects. The bill asserts that the General Assembly has the constitutional authority to amend voter-approved constitutional amendments by a two-thirds vote, citing Article 5, Section 1. It outlines the legislative intent to challenge previous judicial interpretations, specifically Arkansas Game and Fish Commission v. Edgmon, in favor of a literal interpretation of the term 'measure' in the state constitution. By broadening the definition of authorized projects, the bill provides the Arkansas Highway Commission with greater flexibility in utilizing bond funds for various highway infrastructure improvements beyond original capacity constraints. The bill also includes an emergency clause to expedite the implementation of these changes.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries include the Arkansas Department of Transportation and the State Highway Commission, which gain increased flexibility in allocating funds and planning infrastructure projects. Additionally, the construction industry and contractors involved in highway development stand to benefit from the broader scope of work allowed under the redefinition of 'multilane' highway improvements. Ultimately, the state government and executive agencies benefit from the assertion of legislative authority to modify voter-approved amendments.
Who Might Suffer?
Voters who supported the original constitutional amendments under the belief that funds would be strictly limited to 'four-lane' projects may be negatively impacted by this change in scope. Additionally, those who prioritize strict adherence to judicial precedent and the preservation of voter-approved constitutional restrictions may view the legislative bypass of traditional amendment processes as a negative precedent for governance and democratic oversight.
Vote Records
Third Reading
April 3, 2023View individual votes (35)
| Legislator | Party | Chamber | Vote |
|---|---|---|---|
| Jane English | Republican | Senate | Yea |
| Linda Chesterfield | Democrat | Senate | Yea |
| Jonathan Dismang | Republican | Senate | Yea |
| Greg Leding | Democrat | Senate | Yea |
| Missy Irvin | Republican | Senate | Yea |
| Bryan King | Republican | Senate | Yea |
| Kim Hammer | Republican | Senate | Yea |
| Stephanie Flowers | Democrat | Senate | NV |
| Frederick Love | Democrat | Senate | Yea |
| Terry Rice | Republican | Senate | Yea |
| Reginald Murdock | Democrat | Senate | Yea |
| Gary Stubblefield | Republican | Senate | Yea |
| Jim Dotson | Republican | Senate | Yea |
| John Payton | Republican | Senate | Yea |
| Alan Clark | Republican | Senate | Yea |
| Ronald Caldwell | Republican | Senate | Yea |
| Bart Hester | Republican | Senate | Yea |
| Jimmy Hickey | Republican | Senate | Yea |
| Dan Sullivan | Republican | Senate | Yea |
| David Wallace | Republican | Senate | Yea |
| Blake Johnson | Republican | Senate | Yea |
| Justin Boyd | Republican | Senate | Yea |
| Clarke Tucker | Democrat | Senate | Nay |
| Scott Flippo | Republican | Senate | Yea |
| Clint Penzo | Republican | Senate | Yea |
| Mark Johnson | Republican | Senate | Yea |
| Ricky Hill | Republican | Senate | Yea |
| Breanne Davis | Republican | Senate | Yea |
| Ben Gilmore | Republican | Senate | Yea |
| Joshua Bryant | Republican | Senate | Yea |
| Matt McKee | Republican | Senate | Yea |
| Jim Petty | Republican | Senate | Yea |
| Steve Crowell | Republican | Senate | Yea |
| Tyler Dees | Republican | Senate | Yea |
| Matt Stone | Republican | Senate | Yea |
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