Opinion No.

The Honorable Jeremy Hutchinson State Representative #5 Mesquite Cove Little Rock, AR 72211

Dear Representative Hutchinson:

I am writing in response to your request for my opinion on the following question:

Is there any constitutional infirmity in A.C.A. § 27-70-104(b), which provides that "if the federal excise tax [on motor fuel] is reduced in any amount, the amount of the reduction will continue to be collected as state highway user revenues"?

RESPONSE

In my opinion, this legislation is an unconstitutional delegation of power from one legislative body to another.

Section 27-70-104 of the…