Publisher's Notes. Acts 1989 (1st Ex. Sess.), No. 67, § 23, effective July 1, 1989, and Acts 1989 (1st Ex. Sess.), No. 153, §§ 2, 3, abolished the Transportation Regulatory Board and the Transportation Safety Agency and transferred their powers, functions, and duties to the State Highway Commission and the Arkansas State Highway and Transportation Department, respectively.

Acts 1989 (1st Ex. Sess.), No. 153, § 2 provided:

“On and after the effective date of this Act, the Transportation Safety Agency shall cease to exist, and all authority, rights, powers, duties, records, property, unexpended balances of appropriations, allocations or other funds, privileges and jurisdiction of the Transportation Safety Agency, now prescribed by Sections 1 and 2 of Act 572 of 1987 and other laws of this State, including, but not limited to, the regulation of transportation for compensation, safety of operation of public carriers, the highway safety program authorized by Act 161 of 1967 or Arkansas Code Annotated § 27-73-101, et seq., certification and review of assessment for ad valorem taxation, and matters concerning rates, charges, and services of such carriers, are hereby expressly conferred upon the Arkansas State Highway and Transportation Department as fully as if so named in any law or laws of this State and are hereby transferred to said Department; all orders heretofore issued by the Transportation Safety Agency shall remain in full force and effect; all actions, proceedings and hearings of whatsoever nature, then or hereafter pending before the said Transportation Safety Agency shall be transferred to the Arkansas State Highway and Transportation Department in the same manner and subject to the same incident and with the same results as though they had originated with the Arkansas State Highway and Transportation Department, and all orders, actions, proceedings and hearings of whatsoever nature then or hereafter pending in the name of the Transportation Safety Agency shall survive and be continued, heard and determined by and in the name of the Arkansas State Highway and Transportation Department; and no rights, privileges, immunities or appropriations made, given or granted to or on behalf of the Transportation Safety Agency shall lapse or be lost by reason of such change of agencies, but shall be conferred, transferred and imposed on the Arkansas State Highway and Transportation Department, and all furniture, fixtures, supplies, books, records, reports, equipment and funds derived from whatever source belonging to the Transportation Safety Agency shall be delivered to the Arkansas State Highway and Transportation Department and become its property. The Arkansas State Highway and Transportation Department is hereby authorized to expend monies from the State Highway Department Fund, as such funds may be appropriated to the Department, for the purposes of fulfilling the duties herein transferred to said Department. Wherever the words “Arkansas Transportation Commission” or “Transportation Safety Agency” are used in any provision of the Code, the Acts of Arkansas or any statute, directive, rule or regulation, they shall be hereafter held and taken to mean the Arkansas State Highway and Transportation Department.”

Preambles. Acts 1977, No. 192 contained a preamble which read:

“Whereas, the present and the future well-being and mobility of the citizens of the State of Arkansas are dependent upon the universal availability of balanced transportation services coordinating public and private facilities and systems to assure adequate, safe, economical, and efficient transportation; and

“Whereas, Arkansas is a large uncrowded state uniformly rich in natural resources, which is uniquely and best served by highway, road and street transport facilities; and

“Whereas, the low population density is an asset of great value in the context of the Arkansas socio-economic structure and a strongly contributing factor in the State's freedom from many of the burdensome socio-economic problems of the more populous, highly industrialized States; and

“Whereas, the demographic/geographic interface between population and area is and will continue to be predominantly dependent on an adequate highway, road and street network as the foundation for the multi-modal transport functions upon which contemporary socio-economic structures depend;

“Now, therefore .”

Acts 1979, No. 932 contained a preamble which read:

“Whereas, Amendment 42 to the Arkansas Constitution which creates the Arkansas Highway Commission and prescribes the qualifications and manner of appointment of members of the Commission, provides that the Commission shall be composed of five members to be appointed from the State at large but further provides that no two commissioners shall be appointed from a single congressional district; and

“Whereas, since the number of congressional districts in the State has been reduced to four since the enactment of Amendment 42, it is impossible to comply strictly with the provisions of the Amendment because with five members appointed from the four congressional districts, two members of the Commission would certainly have to be residents of the same district; and

“Whereas, the General Assembly determines that it was the purpose of the people in enacting Amendment 42 to assure that members of the Commission were from various areas of the State and that no particular area would have disproportionate representation on the Commission; and

“Whereas, in view of the reduction in the number of congressional districts, it appears necessary that legislation be enacted to clarify the residence requirements for persons appointed to the Arkansas Highway Commission;

“Now, therefore .”

Effective Dates. Acts 1913, No. 302, § 86: effective on passage. Emergency declared. Approved Mar. 31, 1913.

Acts 1927, No. 112, § 21: approved Mar. 4, 1927. Emergency clause provided: “It is ascertained and hereby declared that the handling of road revenues as provided in this act is essential to the maintenance and hasty repair of the public roads of the state; that the defective condition of the public roads referred to in this act is a standing menace to the traveling public, endangering their safety, and that the immediate operation of this act is essential for the protection of the public safety; and an emergency is therefore declared, and this act shall take effect and be in force from and after its passage.”

Acts 1929, No. 65, § 75: approved Feb. 28, 1929. Emergency clause provided: “It is ascertained and hereby declared that the defective condition of the public roads is a standing menace to the traveling public; that the repairs of the present public roads, and the construction of the roads contemplated by this act, are necessary for the safety of the traveling public, so that the immediate operation of the act is essential for the protection of the public safety, and an emergency is therefore declared; and this act shall take effect and be in force from and after its passage.”

Acts 1933, No. 3, §§ 9A, 10: Feb. 1, 1933. Emergency clause provided: “That owing to the disastrous state of its fiscal affairs and the present uncertainty of the authority and control of the State Highway Department, the immediate necessity for setting up the proper maintenance program to preserve the millions of dollars invested in State Highways and the widespread unemployment which can be relieved in part by the proper maintenance program and by the use of available Federal funds for new highway construction, it is imperative that a new body be placed in control of the affairs of the State Highway Department and that this act become effective without delay in order to preserve the peace, and safety of the public, therefore an emergency is declared to exist, and this law shall take effect and be in force from and after its passage and approval.” Approved January 27, 1933.

Acts 1933, No. 50, § 3: approved Feb. 22, 1933. Emergency clause provided: “It is ascertained and declared that in the construction of highways of this State, many contractors are nonresidents and that laborers and employees engaged in the construction of said highways by said contractors are often injured, property is damaged, and obligations incurred by said contractors, who later remove their property from the County without paying same, and that it would be an imposition and a burden upon the citizens of the State if required to file suits to recover accounts due them, or for damages to person or property in Pulaski County only, or in another state, and that under the emergency Federal aid appropriation, all contracts must be completed not later than July 1933, and that the immediate operation of this act is essential for the protection of citizens of this State. An emergency is therefore declared, and this act shall take effect and be in force from and after its passage.”

Acts 1933, No. 92, § 5: approved Mar. 1, 1933. Emergency clause provided: “It is hereby found that on account of the depleted finances of the State Highway Department, that it is necessary to reorganize the department, and materially reduce the personnel thereof, as well as reduce the salaries of said personnel; and that at the present time the fiscal year of the Highway Department is different from that of all other Departments of the State, which results in a great deal of confusion and duplication of efforts; and that the Highway Department is without funds with which to secure the license upon its motor vehicles, and the securing of each motor vehicle license entails an expense of $0.35 which might be saved by the department; Therefore, an emergency is hereby declared and this act being necessary for the preservation of the public peace, health and safety shall take effect and be in force from and after its passage.”

Acts 1938 (Ex. Sess.), No. 14, § 3: approved Apr. 1, 1938. Emergency clause provided: “It is found by the General Assembly that the highways of this State are in such condition that they are in immediate need of funds for their maintenance and repair; that the condition of the said highways constitutes a menace to the traveling public and that such condition can be remedied only by the immediate use of funds by the Highway Department for such maintenance and repair. Therefore, for the preservation of the public peace, health and safety, an emergency is declared to exist and this Act shall take effect and be in full force from and after its passage.”

Acts 1947, No. 103, § 2: approved Feb. 19, 1947. Emergency clause provided: “It is hereby ascertained and declared that the conditions of the state roads and highways are due in part at least to the fact that several key positions in the highway department are held by persons untrained in the engineering profession or in highway practices; that relief herein provided is imperative for the immediate preservation of public peace, health and safety; and for said reasons it is hereby declared that an emergency exists and that this act shall take effect and be in full force from and after its passage.”

Acts 1949, No. 251, § 3: Mar. 8, 1949. Emergency clause provided: “Whereas, the State of Arkansas by and with the approval of the people of the State of Arkansas is embarking upon a program of highway construction calling for the skilled efforts and resources of a capable and competent man as Director of Highways of the State of Arkansas; and

“Whereas, in order to secure the services of a capable, skilled and competent Director of Highways, it is necessary that an adequate salary be paid for the type of person to be employed; and

“Whereas, the State will suffer irreparable injury and damage without proper supervision and control by a capable and competent Director of Highways;

“Therefore, an emergency is declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, the same shall take effect and be in force from and after its passage and approval.”

Acts 1951, No. 247, § 3 (in part): Mar. 9, 1951. Emergency clause provided: “It has been found that there are overlapping and conflicting laws relating to purchasing by the Arkansas State Highway Commission resulting in confusion and delay; therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall take effect and be in full force from and after its passage and approval.”

Acts 1953, No. 123, § 14: Feb. 23, 1953. Emergency clause provided: “It has been found and is declared by the General Assembly of Arkansas that many defects exist in the administrative framework of the State Highway Department, that there is an immediate necessity for setting up a proper maintenance program to preserve the millions of dollars invested in the State Highways, that there is urgent need for excellent management and organization in the said Department, and that the enactment of this bill will provide for more efficient administration of the State Highway Department. Therefore, an emergency is declared to exist, and this act, being necessary for the preservation of the public peace, health, and safety, shall take effect and be in force from the date of its approval.”

Acts 1969, No. 246, § 3: Mar. 12, 1969. Emergency clause provided: “It is hereby found and determined by the General Assembly that recent Federal Highway Legislation, particularly Public Law 90-495, approved August 23, 1968, and cited as the Federal Aid Highway Act of 1968, makes it necessary that the State of Arkansas provide for relocation assistance to persons displaced by the construction of Federal Aid Highways who are now suffering or will in the future suffer hardships because of financial loss due to the construction of Federal Aid Highways; and that, without compliance with this legislation, the State of Arkansas will lose many millions of dollars of Federal Aid Highway funds, a loss the State can ill-afford when such funds are so greatly needed in this State to construct and maintain a suitable and efficient highway system. An emergency is hereby declared to exist, and this Act, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1971, No. 185, § 4: Mar. 2, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is essential to the continued growth of the tourist industry in this State that Tourist Information Bureaus be established and operated at strategic locations in this State, and that it is urgent that such bureaus be established as soon as possible. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1971, No. 585, § 34: approved Apr. 6, 1971. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas that (1) in order to establish an orderly procedure which will insure the monthly and quarterly distribution of funds for the necessary services and operations of the state government, as provided for in this Act, it is necessary that the provisions of this Act become effective immediately; (2) under the provisions of this Act seriously needed improvements for many of our public institutions are contemplated, and only the provisions of this Act will provide such funds which will be adequate to alleviate this situation; and (3) that only the provisions of this Act will correct many of our financial difficulties, and which otherwise may deprive the citizens of this State from receiving the benefits for which the operation of state government contemplates. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the preservation of the public peace, health and safety shall take effect and be in full force from and after its passage.”

Acts 1975, No. 693, § 20: July 1, 1975. Emergency clause provided: “It is hereby found and determined by the Seventieth General Assembly that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1975, is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1975, could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1975.”

Acts 1977, No. 192, § 13: Feb. 17, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present welfare and future freedom of the citizens of Arkansas require an adequate and balanced transportation system, and it is necessary that this policy be carried out by a State Highway and Transportation Department through continuous, comprehensive, coordinated transportation planning with other agencies of the State having transportation responsibility, local governments, regional planning and transportation agencies or commissions, federal agencies, and private transportation facilities. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1979, No. 794, § 27: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the Seventy-Second General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1979 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1979 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1979.”

Acts 1981, No. 932, § 28: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the Seventy-Third General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1981 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1981 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1981.”

Acts 1987, No. 742, § 25: July 1, 1987. Emergency clause provided: “It is hereby found and determined by the Seventy-Sixth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1987 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1987 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1987.”

Acts 1991, No. 547, § 6: Mar. 14, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the construction and operation of turnpike projects, as authorized by prior legislative acts, are required for the public health, safety and welfare because of the increase of commerce and vehicular travel essential to individual and state progress and prosperity. The moneys now available are insufficient to permit the construction of turnpike projects that can be constructed under the authority of those acts, however, it is anticipated that the United States Congress will in the near future authorize the use of federal-aid highway funds apportioned or allocated to this state for assisting in the construction of or assisting in the paying of the debt service on revenue bonds issued for the construction of turnpike projects. Prompt action is necessary to insure that, should such authorization be enacted by the United States Congress, such federal-aid funds may be utilized for such turnpike project purposes. Therefore, it is declared, for these reasons, that an emergency exists and this act being essential for the preservation of the public peace, health and safety, shall take effect and be in full force on and after its passage and approval.”

Acts 1991, No. 872, § 27: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1991 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1991 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1991, No. 961, § 6: Mar. 29, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that in certain instances real estate taxes and other assessments have either not been collected or have been difficult to collect; that the provisions of this act are designed to alleviate such problems and that only by the immediate effectiveness of this act may such problems be solved and certain tax revenues and assessments be rightfully provided local taxing authorities. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 160, § 25: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1993 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1993 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 2003, No. 296, § 11: Mar. 4, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there is an immediate need for the planning and development of certain turnpike projects within the State of Arkansas, and that the planning and development will be facilitated by this act having immediate effect. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 66, § 2: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that an increase in the amount of tool allowance is essential to specific employees; that delay in increasing this amount could cause harm to the proper administration of this program; and that this act is immediately necessary for these reasons. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2007.”

Cross References. Death benefits for any police officer in the Arkansas State Highway and Transportation Department, § 12-8-212.

Payment to dependents of state highway employees, killed in the line of duty, § 21-5-701 et seq.

State highway commission, creation and organization, Ark. Const. Amend. 42.
Research References

Am. Jur. 7A Am. Jur. 2d, Auto., § 6 et seq.

39 Am. Jur. 2d, Highways, § 13 et seq.

C.J.S. 39A C.J.S., Highways, § 154 et seq.

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