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Republican Sponsorship
Transportation

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.

Engrossed

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, 2023
Yea: 33 Nay: 1 NV: 1 Absent: 0 Passed
View 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
Read Full Bill on arkleg.state.ar.us