Constitution of Arkansas (2025 publisher edition) — Amendment 42: STATE HIGHWAY COMMISSION

Publisher edition notice: This collection preserves the complete constitutional appendix of the Secretary of State’s 2025 Election Laws and Constitution compilation: its preamble, twenty original articles, schedule and 104 published amendments, including annotations and explicit repealed notices. Repealed notices remain historical publisher context. Later amendments have not been independently verified.

Amendment 42

AMEND. 42. STATE HIGHWAY COMMISSION
Publisher’s Notes. This amendment was proposed by
S.J.R. No. 7 (see Acts 1951, p. 970) and filed in the office of
the Secretary of State on March 20, 1951. It was approved
at the general election on Nov. 4, 1952, by a vote of 231,529
for and 78,291 against.
680 Amend. 39 CONSTITUTION OF ARKANSAS

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§ 1. Commission created — Members — Powers.
There is hereby created a State Highway Commission which shall be vested with all the powers
and duties now or hereafter imposed by law for the administration of the State Highway
Department, together with all powers necessary or proper to enable the Commission or any of its
officers or employees to carry out fully and effectively the regulations and laws relating to the
State Highway Department.
§ 2. Qualifications and appointment of members — Terms of office of first commission.
Within ten days after the convening of the General Assembly of the State of Arkansas in the
year 1953, the Governor, by and with the advice and consent of the Senate, shall appoint five
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.
In the event of rejection by the Senate of a person whose name has been so submitted, the
Governor shall within five 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. In the event the
Governor should within five days thereafter fail to appoint or fail to submit to the Senate for
confirmation the name of any person to be appointed, the Senate shall proceed to make the
appointment of its own choice.
§ 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.
§ 4. Removal of members — Hearing — Review and appeal.
A Commissioner may be removed by the Governor only 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 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 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.
Publisher’s Notes. Amendment 80 to the Arkansas
Constitution, effective July 1, 2001, established circuit
courts as the trial courts of original jurisdiction of all
justiciable matters not otherwise assigned pursuant to the
Constitution and specifically provided that “jurisdiction
conferred on Circuit Courts established by this Amend-
ment includes all matter previously cognizable by Circuit,
Chancery, Probate and Juvenile Courts…”.
§ 5. Vacancies — Filling.
Vacancies on the Commission due to resignations, death or removal shall be filled by
appointment of the Governor for the unexpired term within thirty days from the date of such
vacancy. Upon failure of the Governor to fill the vacancy within thirty days, the remaining
Commissioners shall make the appointment for the unexpired term.
681 Amend. 42, § 5 STATE HIGHWAY COMMISSION

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§ 6. Director of Highways.
The Commission shall appoint a Director of Highways who shall have such duties as may be
prescribed by the Commission or by statute.