Public Transportation- House
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Bills discussed (15)
| Bill | Title | Sponsor | Status |
|---|---|---|---|
|
HB1693
Act 1019
· 3 mentions in chapter, agenda, transcript
Matched: “HB1693 Wing TO AMEND THE CONSTRUCTION MANAGER-GENERAL CONTRACTOR M…”
|
TO AMEND THE CONSTRUCTION MANAGER-GENERAL CONTRACTOR METHOD OF PROCUREMENT PILOT PROGRAM. | Wing | Notification that HB1693 is now Act 1019 |
|
HB1073
· 2 mentions in chapter, agenda
Matched: “HB1073 B. Smith CONCERNING FORMER MILITARY VEHICLES; TO AUTHORIZE…”
|
CONCERNING FORMER MILITARY VEHICLES; TO AUTHORIZE THE ISSUANCE OF A CERTIFICATE OF TITLE FOR A … | B. Smith | Died on House Calendar at Sine Die Adjournment |
|
HB1211
· 2 mentions in agenda, chapter
Matched: “…ST A SECTION OF HIGHWAY 22 BE DESIGNATED "TRUE GRIT TRAIL". HB1211 Rye TO AUTHORIZE THE ISSUANCE AND RENEWAL OF A GRAND LODGE…”
|
TO AUTHORIZE THE ISSUANCE AND RENEWAL OF A GRAND LODGE OF ARKANSAS AND A PRINCE … | Rye | Died on House Calendar at Sine Die Adjournment |
|
HB1370
· 2 mentions in agenda, chapter
Matched: “…CE OF A CERTIFICATE OF TITLE FOR A FORMER MILITARY VEHICLE. HB1370 Fielding TO AMEND THE LIGHTING REQUIREMENTS FOR ARKANSAS DE…”
|
TO AMEND THE LIGHTING REQUIREMENTS FOR ARKANSAS DEPARTMENT OF TRANSPORTATION HIGHWAY MAINTENANCE VEHICLES AND SERVICE … | Fielding | Died on House Calendar at Sine Die Adjournment |
|
HB1445
· 2 mentions in agenda, chapter
Matched: “…W LIMITING THE CREATION OF SPECIAL INTEREST LICENSE PLATES. HB1445 Pilkington TO AUTHORIZE THE OPERATION OF ALL-TERRAIN VEHICL…”
|
TO AUTHORIZE THE OPERATION OF ALL-TERRAIN VEHICLES ON DESIGNATED STREETS AND ROADS; AND TO CREATE … | Pilkington | Died on House Calendar at Sine Die Adjournment |
|
HB1795
· 2 mentions in agenda, chapter
Matched: “…AND TO CREATE THE ALL-TERRAIN VEHICLE OFF- ROAD TRAIL FUND. HB1795 Brown TO ALLOW FOR SALES AND USE TAX ON ALL-TERRAIN VEHICLE…”
|
TO ALLOW FOR SALES AND USE TAX ON ALL-TERRAIN VEHICLES TO BE PAID AT THE … | Brown | Died on House Calendar at Sine Die Adjournment |
|
HB1884
· 2 mentions in chapter, agenda
Matched: “HB1884 Fortner TO AMEND THE PERMANENT AUTOMOBILE LICENSING ACT OF…”
|
TO AMEND THE PERMANENT AUTOMOBILE LICENSING ACT OF 1967; AND TO AUTHORIZE A CERTIFICATION OF … | Fortner | Died on House Calendar at Sine Die Adjournment |
|
HB1916
· 2 mentions in chapter, agenda
Matched: “HB1916 Perry TO PROMOTE THE RIGHT TO PRIVACY OF AN AUTOMOBILE ACCI…”
|
TO PROMOTE THE RIGHT TO PRIVACY OF AN AUTOMOBILE ACCIDENT VICTIM; AND TO ESTABLISH THE … | Perry | Died on House Calendar at Sine Die Adjournment |
|
HB1973
· 2 mentions in chapter, agenda
Matched: “HB1973 McCollum TO AMEND THE ARKANSAS MOTOR VEHICLE COMMISSION ACT…”
|
TO AMEND THE ARKANSAS MOTOR VEHICLE COMMISSION ACT TO COMPLY WITH FEDERAL LAWS AND REGULATIONS. | McCollum | Died on House Calendar at Sine Die Adjournment |
|
HB1974
· 2 mentions in chapter, agenda
Matched: “HB1974 McCollum CONCERNING THE TRANSFER OF A CERTIFICATE OF TITLE…”
|
CONCERNING THE TRANSFER OF A CERTIFICATE OF TITLE OF A VEHICLE SUBJECT TO A LIEN … | McCollum | Died on House Calendar at Sine Die Adjournment |
|
SB107
· 2 mentions in chapter, agenda
Matched: “SB107 Irvin TO PROHIBIT THE ISSUANCE OR RENEWAL OF A SUPPORT OF L…”
|
TO PROHIBIT THE ISSUANCE OR RENEWAL OF A SUPPORT OF LAW ENFORCEMENT SPECIAL LICENSE PLATE … | Irvin | Sine Die adjournment |
|
SB596
· 2 mentions in chapter, agenda
Matched: “SB596 K. Hammer TO AMEND THE PERMANENT AUTOMOBILE LICENSING ACT O…”
|
TO AMEND THE PERMANENT AUTOMOBILE LICENSING ACT OF 1967. | K. Hammer | Sine Die adjournment |
|
SB657
Act 1087
· 2 mentions in agenda, chapter
Matched: “AGENDA (REVISED 4/9/19 @ 7:16 AM) ADDED SB 657 House Committee on Public Transportation Tuesday, April 9,…”
|
TO AMEND THE LAW CONCERNING THE METHOD BY WHICH THE OFFICE OF DRIVER SERVICES MAY … | B. Sample | Notification that SB657 is now Act 1087 |
|
HB1793
· 1 mention in agenda
Matched: “…ING THE REGISTRATION REQUIREMENTS FOR ALL-TERRAIN VEHICLES. HB1793 Rushing TO AMEND THE LAW CONCERNING LIEN PRIORITY FOR VEHIC…”
|
TO AMEND THE LAW CONCERNING LIEN PRIORITY FOR VEHICLE REPAIRMEN. | Rushing | Died on House Calendar at Sine Die Adjournment |
|
HR1028
· 1 mention in agenda
Matched: “…RTATION HIGHWAY MAINTENANCE VEHICLES AND SERVICE EQUIPMENT. HR1028 Bentley TO REQUEST A SECTION OF HIGHWAY 22 BE DESIGNATED "T…”
|
TO REQUEST A SECTION OF HIGHWAY 22 BE DESIGNATED "TRUE GRIT TRAIL". | Bentley | Died on House Calendar at Sine Die Adjournment |
Machine transcript
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Representative Mike Holcomb
Unverified
0:01
You can introduce yourself, any witnesses, and you may proceed.
Representative Carlton Wing
Unverified
0:06
Thank you, Mr. Chair, and thank you, committee, for being here today. Carlton Wing, State Representative, District 38. This is an amendment concurring in a Senate amendment from House Bill 1693. We passed this out of here. This is the construction manager method. All we did on the Senate side was made it a little bit more transparent on the RFP process by taking away some of the restrictions that we had had on the back end of that, and it is just that simple.
Representative Mike Holcomb
Unverified
0:32
Any questions from committee? Anyone here to speak against the bill, for the bill?
Representative Carlton Wing
Unverified
0:41
Representative Wien? I'm closed for the bill, and I would appreciate a good vote. Motion do pass. Is this
Representative Mike Holcomb
Unverified
0:47
for the amendment? Motion do pass, concurring in the Senate amendment. Motion do pass, concurring in the Senate amendment. Any discussion on the motion? Okay. All in favor say aye. Aye. Any opposed? Same like sign. Hearing none. Congratulations. Passes. Thank you. I think you are also running SB
Representative Carlton Wing
Unverified
1:07
657. Is that correct? That is correct. I am on this
bill as of about 15 minutes ago, and I'm very passionate about this bill. And actually what this does is it just takes care of a little procedure. When someone gets a ticket for a DUI or DWI, they are told by the arresting officer, the ticketing officer, that their license will be suspended or revoked. If they fail to put the appropriate check mark on the ticket itself, and I'm looking at Representative Watson here to make sure I'm all good, if they put, if they fail
to put the check mark on the ticket itself, the typical procedure is, is that a registered letter is sent by DF&A to that person. What they would like to do is change it from a registered letter to a first-class letter. That would save $6,000 for DF&A. The letter still arrives at the same time.
Representative David Fielding
Unverified
2:09
Okay, Representative Fielding. Thank you, Mr. Chair. That's my friend out there.
but uh represent wing i'm not understanding what what is happening when you get pulled over you said that
Representative Carlton Wing
Unverified
2:24
it's a all of that is already in code all this bill does is change the registered letter to a first class letter everything else is already done that this bill doesn't address that it's just when you get
Representative David Fielding
Unverified
2:36
this will be encoded on your driver license or something that you got this Explain that to me. All of that before that
Representative Carlton Wing
Unverified
2:44
I was just, was the setup? Yeah.
This bill doesn't even address that. The normal procedure that takes place when someone gets a DWI, that's all the same. The only thing that's different is that the letter that DFNA has to send to the person who received the ticket comes now first-class mail instead of registered mail. I got that. I got that. All right. Thank you. I'm going to
Representative David Whitaker
Unverified
3:09
listen to it. No, that's fine. Representative Whitaker. Thank you, Mr. Chair. Representative, just to be clear, it's changing it from certified to first class. Yes.
Those have specific meanings in the law. And my only concern is that certified mail tends to have had delivery confirmation slash return receipt, which then gets the little green postcard back that says they got it or a good postal carrier will write refused. And that's what the following language is about. just because you refuse it doesn't wait doesn't mean you weren't noticed my concern would be how does that
how does that ensure that somebody actually had any notice at all because a first class letter just goes out in the mail stream and we never see it again does that mean that John Smith ever saw it that's
Representative Carlton Wing
Unverified
4:01
an exceptional question and I'm going to bring in the panel of experts to help answer that question Mr. Chair with your
Representative Jay Richardson
Unverified
4:15
permission Marla introduce yourself I'm Marla McHughes I'm interim administrator of the office of driver services
at the time of the traffic stopped the individual is notified by the officer that his driving privileges will be suspended there's a ticket that is given it's like a eight and a half by 11 sheet of paper that's given there's a place that they check on there that your privileges will be suspended the only way that we ever send this letter is if the officer fails to check that box when we record that ticket onto the individual's record and see that box is
not checked then we send the registered letter all we're asking is to send a first class letter rather than a registered letter. Follow up? Tell me
Representative David Whitaker
Unverified
5:03
this then, on that citation form, which is what I'm guessing you're talking
about, the ticket. It's been a few years since I've seen one, thank the Lord, either for myself or clients. But that line that tells them that they're suspended, does that appear in like all caps and bold type?
Is it set off somehow from the rest of the document? or is it just more words on a piece of paper
Representative Jay Richardson
Unverified
5:33
anybody know honestly I don't know I know I know where it's located on the letter it's on it's about midway down the page but to be able to tell you whether it's bold type or not
Representative David Whitaker
Unverified
5:44
sir I don't know yeah it would whoever is in charge of that it would be helpful if
you're only going to send as a follow-up first class that the actual original document have that bolt on there that it says you've been suspended because we need to,
you know, that's a pretty significant event in someone's life and they need to
Representative Vivian Flowers
Unverified
6:10
have actual notice that it's happening to them. Thank you. Representative Flowers. Thank you, Mr. Chair. As I just heard that exchange, I guess the thing that, and I'm sorry, But the thing that gives me pause is that if the only time you send it out is when an officer fails to check that box and we're talking about a savings of $6,000, to me that says that that's not just a sort of occurrence that might happen every now and then.
And, again, if this is someone whose license is being suspended, it just seems to me that we need to make sure that that person has been notified so that they're not out there driving and their license has been suspended. So that just, I'm finished. Doesn't the officer notify them?
Representative Mike Holcomb
Unverified
7:05
He notifies them, but y'all are just
sending a backup letter. Yes, sir, we just send a backup letter. Okay, Representative Fielding, do you have another question?
Representative David Fielding
Unverified
7:16
Yes, and along that same line, too, and I guess you're saying that your letter is a backup letter of what the officer already informed me, but first you were saying a certified letter saying that, yes, you did receive this. Now I'm receiving a first-class letter. I'm telling you, no, I did not receive it. I did not get a letter. So how are you going to handle that versus confirming that you received the letter?
Now you're saying that, hey, you may or may not receive a letter done in first class. Just, I don't know. I don't know. I'm fine with what you're going to do, but I think you might be creating
a problem where that's not a problem you might be creating or not because I can say, no,
Speaker 50
8:08
I did not receive that first class letter. Yes, sir. That's very true. You have the option of when the certified letter is sent. If you're not home, your post office or postman will leave you something saying you have a certified letter.
If you choose to go to the post office and get that letter, then you go to the post office and get the letter. If you never go get that
Representative Jay Richardson
Unverified
8:30
letter, that letter is sent back to DF&A. So with the first-class mail, the letter is always delivered.
Representative David Fielding
Unverified
8:37
but you have a sheet saying that you mailed it though but now I can say whether you mailed it you have no proof whether you mailed it or not mailed it on the first class but when you were sitting there certified I got a sheet
where it was mailed to John Doe and John Doe never did pick it up instead of John Doe saying no you never mailed me a letter well now
Representative Mike Holcomb
Unverified
9:01
the driver's license is suspended whether you made him a letter or not Very true. Yes, sir. So, I mean, if he doesn't get a letter, he's still suspended. Is
Representative Carlton Wing
Unverified
9:10
it appropriate for me to ask a question from here? No,
Representative Mike Holcomb
Unverified
9:15
you can't ask any questions. Can I go over there? You know how that works now. You can walk around a question if you want to, but I'll tell you in just a second.
Representative Richardson got a question. You want to talk first? Well,
Representative Carlton Wing
Unverified
9:29
if somebody wanted to ask a question that asks something like, are there any legal ramifications, yay or nay, on this? It sounds like if this is just a secondary notification, then there's no legal ramification. Right. Representative
Chair
Unverified
9:43
Richardson, you recognize. So, yeah, so that was kind of what the question I was going to ask. But in addition to that is, do you guys expect receipt of anything? When you send it, do you expect to see it again,
Representative Jay Richardson
Unverified
9:56
or do you just send it and know that you sent it? you know that interim word is in there um we do expect to hear back because you know naturally they're going to be upset that their driving privileges are suspended if they have not been given notification on the side of the road but uh yes
we schedule hearings and everything else to follow up if that individual needs a way to go to
Speaker 58
10:24
and from work follow up follow up so if you go from
Chair
Unverified
10:28
certified to first class as representatives on the other side of the room
were stating earlier they they could say they didn't receive it or they did receive it or what have you because it kind of falls off in la-la land why do we even send it why do we go through the purpose of following up and sending an additional piece of paper that really doesn't matter because they've already been notified the first time because the law tells me I have to So that's the change we need to make in the law. That's the change. The change is that, yeah,
Representative Jay Richardson
Unverified
10:54
true. Representative Watson, you recognize? Mr. Chair, make a motion at the proper time. Any other questions?
Speaker 65
11:04
Do you have a question? Ms. Marla, I hear I am being the devil's advocate on this, so that makes me a little bit at odds with things. In noticing line 32, it says, Refusal of the andressee to accept delivery or attempted delivery of the notice does not constitute non-receipt but in the next line down on 36 it says for any notices personally delivered the person shall be asked to sign a receipt acknowledging that he or she has received the required notice and so we either need to get rid of something in here I'm not going to fight
you too hard on this but the question is for our citizens are we creating a double standard in this bill representative wing by which a person who doesn't receive it by mail has no defense under the law that he didn't receive it because he may have moved last week and the mail didn't get forwarded, and DF&A has no way of being notified that he didn't get it because the letter doesn't come back to them. Are we setting up a thing where if we personally give it, you sign it, but if we mail it, it goes
Representative Carlton Wing
Unverified
12:09
into... It would seem like if this letter had any legal
ramification at all, then I would get your point. I got you.
But this has no legal ramification at all and and
Speaker 65
12:18
so dfna would like financial relief on this uh in a case where the person's already going to be in court he's already received a citation and we're not creating a double standard yeah all the procedures are already
Representative Carlton Wing
Unverified
12:30
in place i think representative richardson brought up a good point maybe we need to look at this uh as a whole but in the meantime since this has no legal ramification at all let's go ahead and save some money i'm not having a problem with that but i do
Speaker 65
12:46
want to say that I think Representative Richardson is spot on on that we
Representative Carlton Wing
Unverified
12:50
need to address it a little further but we got a
Representative Mike Holcomb
Unverified
12:57
bill for the next session Chairman Holcomb well perhaps
Representative Vivian Flowers
Unverified
13:07
this letter is there a separate letter or does this letter indicate when or if this person has to come to court for the DUI? Is that totally separate?
Representative Carlton Wing
Unverified
13:18
No. Yeah, this has nothing to do with any legal ramification of when you need to appear. Failure to see this letter does not change the status at all.
Representative Mike Holcomb
Unverified
13:29
Well, whether you get the letter or not, your license is still spent. So it's just courtesy from DHS to, okay, that's way. I
mean, just kind of a follow-up. They're already notified. Yeah. Okay. Any other questions from committee? Representative Watson? Wait a minute. Anybody here to speak against the bill,
Representative Danny Watson
Unverified
13:48
for the bill? Representative Watson? Do pass motion SB
Representative Mike Holcomb
Unverified
13:53
657. I have a motion. Do pass. Any discussion from committee?
Representative David Whitaker
Unverified
13:59
Representative Whitaker? Just briefly. My concern here is that it does have some legal ramification. I would feel a whole lot better if somebody, a legal counsel from DF&A could sign off on this. On the bright side, as a former defense attorney, I see a wonderful loophole opening up where I can basically get these suspensions at all times for lack of notice.
Speaker 78
14:25
Come on up. I thought this was going to be an easy one, y'all. You just never know, do you? Come on down
Speaker 80
14:38
and introduce yourself. Thank you. Good morning. Amanda Land, attorney with Revenue Legal Counsel. Could you please repeat your question? My concern and
Representative David Whitaker
Unverified
14:49
notice requirements, as you know, and I'm going to sneak off in the weeds with you for a second. Step one in due process, notice.
My concern is the way the rest, as pointed out by some of the others, the way the whole body of this is written, and it seems to anticipate an actual or constructive notice. By going to first class mail, you have no proof that there was any kind of notice ever given other than I mailed a letter, which is, as you know in the law, right up there with the checks in the mail. Could you assure me that this section is superfluous and that the notice requirement won't cause due process issues when you're trying to suspend people?
Additionally, my concern that if they don't have notice, they may be committing another crime and not even know it because they don't know their license is suspended. Then they're going to get popped
Speaker 80
15:46
for driving with a suspended license. My concerns. Thanks. I'd actually like to bring up something Representative Flowers brought up earlier was that there is actually a criminal component that is a dual proceeding that's going on. So to be clear, this statute does not have anything to do with the actual crime of a driving while intoxicated.
So the notification that's going out is not actually notifying them of any charges or what have you. This is purely the administrative side that DFA is responsible for in terms of administering driver's licenses. So this is solely concerning their administrative hearing as to whether or not their license should remain suspended while they are undergoing that criminal trial. So these individuals are arrested. They are aware that they have had, that a police officer has had reasonable cause to pull them over for driving while under the influence.
So one, they're notified right there. Two, there is an issue where if it's certified mail, it can kick back, and it's just not going to them whatsoever if they've never notified DFA that they've changed their address, for example. So, you know, an individual, when they receive a license, they're aware that driving, any of us in this room are aware that driving under the influence is not permitted by law.
And so by virtue of having that license, you're also aware that your license is subject to suspension if you violate that. Thanks. Administratively, I think
Representative David Whitaker
Unverified
17:31
you're going to get more and more folks who are going to say, my client never reconstructive notice of this suspension. I'm not talking about the underlying criminal, but you may be having to fight a whole lot of stuff in administrative law over inadequate notice of suspension.
But thank you for your comments. I appreciate your explanation.
Speaker 10
17:53
Any other questions from committee? Okay, we have a
Representative Mike Holcomb
Unverified
17:59
motion on the floor. But do pass. All in favor, say aye. Aye. Any opposed? Same like sign? No. Okay. The ayes have it. So congratulations to Bill Paschke. Any other business coming forward to the committee today? Thank you, committee, for showing up again. I'm sure this is, well, I better
not say that. I think this is the last meeting.
Thank you for
Agenda
CONCUR IN SENATE AMENDMENT
Number Sponsor Subtitle
HB1693 Wing TO AMEND THE CONSTRUCTION MANAGER-GENERAL CONTRACTOR METHOD OF PROCUREMENT PILOT PROGRAM.
Carlton Wing
RE-REFERRED TO COMMITTEE
Number Sponsor Subtitle
SB107 Irvin TO PROHIBIT THE ISSUANCE OR RENEWAL OF A SUPPORT OF LAW ENFORCEMENT SPECIAL LICENSE PLATE TO PERSONS WITH CERTAIN CRIMINAL HISTORIES.
REGULAR AGENDA
Number Sponsor Subtitle
HB1884 Fortner TO AMEND THE PERMANENT AUTOMOBILE LICENSING ACT OF 1967; AND TO AUTHORIZE A CERTIFICATION OF NONOPERATION.
HB1973 McCollum TO AMEND THE ARKANSAS MOTOR VEHICLE COMMISSION ACT TO COMPLY WITH FEDERAL LAWS AND REGULATIONS.
HB1974 McCollum CONCERNING THE TRANSFER OF A CERTIFICATE OF TITLE OF A VEHICLE SUBJECT TO A LIEN OR ENCUMBRANCE.
SB596 K. Hammer TO AMEND THE PERMANENT AUTOMOBILE LICENSING ACT OF 1967.
SB657 B. Sample TO AMEND THE LAW CONCERNING THE METHOD BY WHICH THE OFFICE OF DRIVER SERVICES MAY PROVIDE REQUIRED NOTICES TO A PERSON WHOSE DRIVER'S LICENSE OR PERMIT HAS BEEN SUSPENDED, DISQUALIFIED, OR REVOKED.
Carlton Wing
DEFERRED BILLS
Number Sponsor Subtitle
HB1073 B. Smith CONCERNING FORMER MILITARY VEHICLES; TO AUTHORIZE THE ISSUANCE OF A CERTIFICATE OF TITLE FOR A FORMER MILITARY VEHICLE.
HB1370 Fielding TO AMEND THE LIGHTING REQUIREMENTS FOR ARKANSAS DEPARTMENT OFTRANSPORTATION HIGHWAY MAINTENANCE VEHICLES AND SERVICE EQUIPMENT.
HB1211 Rye TO AUTHORIZE THE ISSUANCE AND RENEWAL OF A GRAND LODGE OF ARKANSAS AND A PRINCE HALL GRAND LODGE OF ARKANSAS SPECIAL LICENSE PLATE; AND TO REPEAL AND REENACT THE LAW LIMITING THE CREATION OF SPECIAL INTEREST LICENSE PLATES.
HB1445 Pilkington TO AUTHORIZE THE OPERATION OF ALL-TERRAIN VEHICLES ON DESIGNATED STREETS AND ROADS; AND TO CREATE THE ALL-TERRAIN VEHICLE OFF- ROAD TRAIL FUND.
HB1795 Brown TO ALLOW FOR SALES AND USE TAX ON ALL-TERRAIN VEHICLES TO BE PAID AT THE TIME OF THE REGISTRATION OF THE ALL-TERRAIN VEHICLE; AND TO AMEND THE LAW CONCERNING THE REGISTRATION REQUIREMENTS FOR ALL-TERRAIN VEHICLES.
HB1916 Perry TO PROMOTE THE RIGHT TO PRIVACY OF AN AUTOMOBILE ACCIDENT VICTIM; AND TO ESTABLISH THE ARKANSAS AUTOMOBILE ACCIDENT VICTIM PRIVACY SHIELD ACT.
Documents
| Title | Type | Pages | Source |
|---|---|---|---|
| Agenda — PUBLIC TRANSPORTATION- HOUSE, Apr 9, 2019 | Agenda | 2 | Official source ↗ |
Speakers
Representative Mike Holcomb
Unverified
Representative Carlton Wing
Unverified
Representative David Fielding
Unverified
Representative David Whitaker
Unverified
Representative Jay Richardson
Unverified
Representative Vivian Flowers
Unverified
Speaker 50
Chair
Unverified
Speaker 58
Speaker 65
Speaker 71
Representative Danny Watson
Unverified
Speaker 78
Speaker 80
Speaker 10
Speaker 29