1. WHY DOESN’T THE
MONEY FOLLOW THE CARS?

2. Presentation created by Arkansas State Senator Jeremy
Hutchinson, R – Dist. 22. Narration by Ralph Hudson, vice
executive director of Conservative Arkansas, an independent
PAC.

3. Today, the citizens of Arkansas pay a
21.7¢ per gallon state gasoline tax and a
state diesel tax of 22.7¢ per gallon (in
addition to over 20¢ per gallon federal fuel
tax). In addition, drivers pay a vehicle
registration fee and other miscellaneous
user fees. These taxes and fees are paid
because a safe and efficient
transportation system is essential to a
citizen’s quality of life. In Arkansas,
67.9% of the funds collected from these
user taxes and fees are administered by
the Arkansas State Highway and
Transportation Department[1] through
policies set by its controlling body, the
Arkansas Highway Commission.[2]
[1]
The remaining 32.1% is divided between city and county governments and the Central Services Fund (responsible for the collection of said fees).
[2]
See pg. 26 of the 2006 Arkansas State Highway Needs Study and Highway Improvement Plan

4. How Did the 10 Highway Districts
Come to Be?
 Act 328 of 1935 created 10
maintenance districts. Each
district was assigned an engineer.
The District lines were not set for
purposes of representation on the
Commission. Act 328 of 1935
specifically stated that the seven
commissioners would be
appointed from each of the seven
congressional districts existing at
the time (the commissioners
would represent a relatively equal
number of citizens). The lines
were simply drawn for purposes
of administrative efficiency (to
ensure that no engineer had too
far to drive).

6. Mack Blackwell Amendment 42
 Five commissioners
 Appointed by Governor
 Ten year term
 Represent congressional districts
 No two from same district
 Commissioners select director

7.  “The lower number of commissioners
resulted because they were no longer
chosen from the highway districts and
from at large but rather from the state’s
congressional districts. This was to ensure
that the entire state was represented on
the commission.”
 The Encyclopedia of Arkansas History & Culture
 Robert W. Scoggin
 Arkansas State Transportation Department

8. Is This Constitutional?
In 1982, the Arkansas Supreme Court reviewed the Mack/Blackwell Amendment
which is the constitutional provision that created our current system. In White v.
Hankins, 276 Ark. 562 (1982), the Arkansas Supreme Court said,
“The Highway Commission established by Amendment 42 is, in a large measure,
patterned after the Game and Fish Commission which was established by
Amendment 35. Both use Congressional Districts as a criterion in the selection of
Commissioners. Congressional Districts are known to change with population
fluctuation, and their use insures a periodically updated rough balance of population
and geographical considerations.”
The Court went on to say that the Mack/Blackwell Amendment “[H]ad a two-fold
objective recognized as historical fact: to remove the Highway Commission from
politics, so far as possible, and to preserve regional representation within the five
member commission.” Id. 571-572, 609. It was the intent of the “framers to insure
equal representation of the Highway Commission from all parts of the state with an
odd number (to avoid tie votes) constituting that membership”. Id. at 566, 602
[Emphasis Added].

9. White V. Hankins 1982
 Five commissioners so two may come
from same congressional district
 No frozen districts
 Must change as population changes
 Patterned after
Game and Fish Commission

10. Pattern of G&F and AHTD
 Commissioners chosen from
Congressional districts
 Ten maintenance Districts
 Both have fewer
commissioners than
maintenance districts
But …

11. Are the lines still administrative or
are they lines for purposes of
representation?
Currently, the maintenance
district lines are lines for
purposes of determining
representation.
According to the Highway
Commission’s own map,
each commissioner
represents two (2)
maintenance districts.

12. Comparison of 1935 District Lines
to Current Lines
 Despite the fact that the lines were drawn in 1935 solely
for purpose of administrative efficiency and had nothing
to do with representation on the commission, the current
lines that do determine your representation on the
commission are remarkably the same?

13. Are you receiving equal
representation on the Highway
Commission?
No! If there was equal
representation, District 6
would have nearly 5x the
number of representatives
on the Commission as
District 3.
Instead the two districts
have equal
representation?

14. What does this mean to us in terms
of highway dollars?
Each year the Highway Commission has
certain discretionary funds that it may
spend at its discretion.
Between 2000 and 2010, the Highway
Commission spent 5 Billion dollars in
discretionary spending.
Not surprisingly, those districts that were
under-represented were also under-
funded.

15. Break down of Discretionary Funds allocated to
each district per person (2000-2010)
1. District 3 $3,374 per person
2. District 1 $2,575 per person
3. District 7 $3,190 per person
4. District 5 $2,266 per person
5. District 2 $2,429 per person
6. District 10 $2,474 per person
7. District 8 $1,681 per person
8. District 9 $1,456 per person
9. District 6 $954 per person
10. District 4 $882 per person

16. THERE IS A CLEAR INVERSE RELATIONSHIP BETWEEN LACK OF
REPRESENTATION AND THE DOLLARS RECEIVED PER PERSON

17. In fact, 8 of the 10 most congested urban roads are located
in the districts with the lowest per person funding?

18. It might surprise you that 9 of the top 10 Rural
congested roads are located in the districts
with the lowest per person funding.

19. - Congressional lines are
adjusted to take into account
population shifts.
- Maintenance districts have
remained generally stagnant.
This is the result!
Notice that Congressman Ross’ 4th
Congressional District is represented by
all five commissioners. While nearly all
of the 3rd Congressional District is only
represented by one commissioner.

20. The Current Funding System is especially egregious considering the
congestion is primarily found in the districts with less funding per person.

21. “…for each highway dollar expended
the people will receive a full dollar’s
worth of labor and materials.”
- Arkansas Highway Department