Public Transportation- House

Senate Beatty you have a you have amendment to that. Okay let's get the amendment out. You have a chance to look at it. After we get the amendment give us just a minute any new staff new per se. Okay represent bakery. Thank you Mr chairman members of the committee you should have the amendment now is a simple amendment I'd center he'll spoke with me about this bill and when he submitted he failed to add me as the House sponsor so that explains the minute Amendment. Any questions on the amendment can I get a motion. Motion to approve the amendment any discussion all in favor say aye opposed Like sign hearing nine members prove you might see thank you Mr chairman thank you committee for approval of that amendment I think I'm here to present senate bill four twenty seven is amended to add me as the sponsor of Senate bill four twenty seven pretty much the subtitle explains the message behind this bill is to provide exemption for special events and allow certain new motor vehicle dealers and new motor vehicle manufacturers or distributors to display and sell certain vehicles at special events. I would draw your attention to page two line four were said that that the special event should be modified to lessen the restrictions that are hampered hampering economic growth in the state page three lines one through eight. Defined the special event vehicle demeaning motor cycle all terrain vehicle utility vehicle scooter go cart or a low speed vehicle Page four the the last lines I would draw attention to lines eight through ten is that talking about the motor vehicle commission promulgate rules to permit in state and out of state new motor vehicle dealers and a new motor vehicle manufacturers distributors displayed in the special events. The last thing is Going three page five of the bill does that not withstanding any provision of the law to the contrary a new motor vehicles basically folks it participated in these events for the previous three years may continue to be invited back to the special event I thank the intent of this is one example is like the Big but classic here in Little Rock there were some restrictions on on the folks that could attend and present and display their their vehicles this should increase the activity and maybe some of the economic impact of the special events with that I'm closed and I'll entertain any questions. Represent all recognized for a question thank you Mr chairman I'm looking over the the special event vehicle and meaningless what exactly is a low speed vehicle. At I would think a low speed would. One of these like. Out of the low speed vehicle I don't know exactly what the intent was behind the low speed vehicle if it was something like The representative Baker on his his little scooter only skater now are one of the skaters like like they use but I know specifically define skater identify skaters now okay I I just I saw that call mindfulness thank you I thought that when I read it but I didn't shall. A reserve a I wear question I got I have a motorcycle dealer in time to send this message I'm still read it to his quick yes Sir I had a chance to look bill very well but said he says this is the one this is the bill that changes the the motor vehicle also that side by sides and ATVs can ride on highways or city streets is that is that no Sir this this bill has absolutely nothing to do with with that's what I saw the he's got it he's got it listed senate bill four twenty seven and that's what this bill is but I didn't I didn't see that I just wanna make sure this latest bill just allows those those vendors to attend special events promote their products sell their products and hopefully generate some revenue if those events for the state okay any other questions from committee members. Anyone here to speak for against the bill. All right saying ninety one close up I'm I'm closing would appreciate a good vote from the committee okay what's will of committee. I have a motion to pass represent maker any discussion of excuse me representative as amended a motion is amended motion that do pass as amended all right the. You could beat you to it. Okay any any discussion. All in favor say aye. Any oppose them like nine hearing none congratulations your bill passes thank you Mr chairman thank you committee that all right Senate bill four thirty eight. Johnson bill anybody here to run that. Okay. Senate maker. You can introduce yourself again when you get ready. Representative acre I am the lead house sponsor for this bill thank you Mr chairman and committee at this bill is referred senate bill and bring some consistency for the whole family unit of active military as far as it is in regards to expired driver's licenses this would allow active duty military personnel and their dependents to obtain an Arkansas driver's license even if their license is expired for more than thirty one days without having to retake the written and skills test at the current law only permits the spouse of an active duty member to obtain this. A post thirty one day restriction at this bill again will bring consistency to Arkansas law to benefit the actual active member of the military as well as our dependence again they do have to have an active military license pay the fees and pass the eye exam this prevents them from having to go through the oral and written and with that I'll appreciate or I'll take any questions. Any any questions from committee members. Seeing none of. Anyone here to speak for against the bill. You will close yes I'm close for the bill and I make a motion to pass a motion to pass in discussion. All in favor say aye excuse me what what wait a minute represent Whitaker I thank you Mr very quickly a representative thank you for bringing this it's a I'm sorry we didn't notice it when we made the first change of the former dependent and former member of active duty United States Air Force I appreciate your efforts thank you. Yes Sir Clark. Try to do too many things appear once any other questions Committee comments anything else okay all right all in favor say aye. Any oppose same like sign here no congratulations the Bill pass okay we're gonna move down without objection to Senate bill three eighty eight Senator here's bill of I thank representative Maddox is going to run that he's got another committee you need to get to so. I don't know why but the Attorney seem to be in demand but so you where do you see yourself and proceed. Yes Sir thank you Mister chair representative Matix District eighty six. I don't know that I've been a part of this committee but this is a really good good committee I can tell so glad to be here that's a good way to start your open. And I'm being sincere. Would you like me to present yes thank you. So the first thing I would say is this is an agreed upon bill there is no opposition I want to give a little background this bill started as in coil model legislation all it does is stab wishes a peer to peer car sharing program in Arkansas so basically peer to peer carsharing is basically Airbnb for automobiles so besides establishing the program in Arkansas it also sets the parameters for insurance coverage for peer to peer car **** sharing which means it establishes when someone's personal insurance as in effect when the car insurance company as in effect so I do want to say and I want to thank all the stakeholders involved there's been extensive negotiations with the car rental companies enterprise Truro was involved and then the entire it insurance industries had extensive extensive negotiations and everyone is in agreement with this bill I'll be glad to take any questions okay I understand this bill has been worked on for several years but a lot of people together I know you got a lot of work to do any questions from committee representative car you're recognized thank you Mr chair so No no opposition all part all stake holders are in agreement yes Sir that's correct follow up hello I make a motion to pass when appropriate any other questions Committee. Seeing nine anyone who speak for against the bill. All right reserved car you're recognized. Thank you Mr chair motion to pass a mostly K. pass in discussion. All in favor say aye opposed Like sign hearing then congratulations bill passes thank you Mr thank you thank you. All right next I have on the list Senate bill forty one Senator Hammer anyone here to run that bill for him. Okay let's move on down the list. Of Senate bill four eighty five represent Whitaker. Would you chair Committee police. You're recognized present your bill please identify yourself for the record. Thank you Mister Committee representative Mike Holcomb district ninety three of you remember I ran up I've sent a House bill through here not long ago thirteen sixty five we okay let converters we got it out unanimously one of the things that we we want to change in the bill senator actually Senator Blake changed it him and both Gilmore only again and I I co sponsored on the House again of we had some identification numbers on the catalytic converters and the one thing you wanna changes the the VIN number on on the vehicles can be lacked either thirteen or seventeen number vin numbers way too long so we wanted to change that just to add the the last eight numbers and not also if you look at the bill of. All of the all of section two except for the prosecuting part we're says if I don't have this shouldn't even have been in there it It is exempting everyone from everyone actually up to it to abide by this bill of so that that's reason which we strike through that part but the penalty phase and all that is still in it like it was already shortened the code the number went back to the lease easier of course when we identify officer be glad to answer any questions that's the bill in in that you. Representative Shepherd you're recognized for a question thank you Mr chair so that's the question that I had so it wasn't originally a house bill that would to Senate bill this is the exact same bill we voted on before same same bill and and and the the the the we're just changing part of the bill the rest of the bill that we passed with the sentencing phase in the charging and everything else is still intact okay you're changing this one car on that bill OK motion of contact. More questions from the committee saying none. Is there anyone here who would like to speak for or against the bill. Seeing none are you ready to close close not I move or do pass I have a motion do pass is there any discussion on the motion. Seeing none all those in favor please say aye. All opposed no. The ice have a graduation thank you your committee. S. is your membership matures because senior member. Next to. The president are. Yes Tosh would you. President Tosh to take last year please. Mr sorry. Of. How may I help you. Well. Mr I was post a passed over Senate bill four eighty one and I'm supposed to run that bill II. So why would without objection will move back to that bill. Seeing none please present your bill introduce yourself for your record and any of your witnesses please. Okay we have a handout also so we can get staff to hand that we appreciated. I just wanna get membership time to read as you know a bit expensive yes. May proceed thank you Mr Mike Holcomb of representative for district ninety three actually this is senator Hammer and representative fights bill represent fight could be here so either with us or to step in this hot seat or not but I'm here in the we know that You know we we have we been we pass a lot of bills were done out of work this year about injuries to our work zones it it's been a it's been a it's been a real issue force we've had I can't remember the number and I'm sure the staff room right relate some of those to you how many wrecks repaired and so of this is something just expand a current law in our work zones in rather than me try to explain it that's reason there here I'm gonna lead to a let them introduce herself to you let them explain it and then you can direct your questions to them thank you Mr thank you you may present. Thank you Mr chairman members of the committee I'm going Rogers with the Arkansas department of transportation. And I'm Jeff home state for the highway police good morning. Senate bill forty one is a bill to protect workers and drivers within our work zones here in Arkansas okay yeah accidents and injuries are far too frequent far too common we hear complaints all the time about people of speeding or otherwise driving recklessly through work zones the difficulty would work zones is it's you can't set up in the work zone to enforce traffic violations moving violations we currently have processes and and she called to speak to this more than I can that allow for an officer in order to offices to sit in a low profile vehicle outside the work zone use radar lidar identify vehicle that's creating a violation and then radio ahead with the description the license plate number to an officer that's downstream outside the words on that officer then can intercept and a ticket can be written citation can be written this bill seeks to expand on the law that we already have here in Arkansas allowing cameras at the time to improve traffic enforcement currently into allowed at schools owns and in that river crossings this would seek to expand it to strictly works owns what in the bill says is limited access highways are controlled access facilities which is interstates and freeways the four lane controlled access you got. The only way to get on an office via the interchange you can't get off you can pull out of your house on to the highway you have to. So it's it's been were up possibly if it's very successful it could be expanded to other highways as well high profile big per longstanding projects to provide this would replace the two officers upstream of with a camera that's capable of using light or to it is triggered when somebody's speeding within the works on at that point in time a photographs taken photographs transmitted to an officer downstream the officer confirms the data in the in the photograph and identifies the vehicle and then you they intercept just as if we had our spotters back and works. I ask you replace one to two officers allowed the officers form the other potential duties which is enforcement of the forum federal motor carrier safety administration regulations so we don't have to have them worried about speeds in work zones as you can see from the handouts theirs of the idea behind this is not to be a gotcha we want to stop accidents and injuries within work zones there's a lot of good that can come from a people traveling through work zones in a safe manner not the least of which is people getting through the work zone in a timely fashion is posted if you've been backed up for any length of time due to an accident once an accident happens in a work zone installs traffic up for a potentially miles behind works on so the idea here this is not a license plate reader this is what we call it would be a dumb photographed the data from the photograph is not picked up transmitted where sent around the globe looking for violators nothing of that it's just simply a photograph to identify what the vehicle was for the officer downstream it has to be what we've done is in the bill we've taken out the place requirement the officer doesn't have to be at the time and place only at the time so that the physical requirement of the officer in the zone is not required in order to determine the violation it still requires an officer to be there this does not change the way the ticket is issued and the way the ticket is defended in court there's no third party you're not going to be getting mailed tickets the officer has to be present and issued a citation at the time of the violation these are like if you drive through a red light Memphis and you get a ticket in the mail that's not what this is this is us this is just like we had an officer there who had observed the speeding up and the license plate and radioed ahead to another officer so but that all I don't know if she homes has anything else to add to it. A. Good morning the only thing I would like to add is as you can see in the handout there will be sufficient notice placed in from the words on that that some examples of the signs would be. Speed photo enforced and then after that they would actually be a speed trailer that shows on there's be given one more chance to slow down before they get to the device and I can curl let gill's comments. the only way to make our our workers savers enforce the law. I think we're ready for questions Mr already ready or not. Representing Shepherd you're recognized for a question thank you Mr chair good morning I totally support the bill I have a question about downstream what what it. Typically because you can't you can't stop in the work zone so they make the traffic stop outside the work zone at the end of it so where does a full active affect the flow of traffic. You're recognized. It would capture their speech and then send it to the office it will there will be signs warning them of photo one four speed ahead there will also be I know you I'm sure you saying the speed trailers that currently that when you come in the flashers the ones B. so they would be worn again and then their own in the work zone they would meet the actual camera enforcement and they would transmit the picture of the car license plate to the officer downstream thank you. Senate park you're recognized for a question thank you sh Mr chairman There any additional cost for these these trailers with the the radars to you guys you have to buy anymore the stuff to be able to do this or do you already have them in stock. I'm sure there's going to be additional cost with the savings realized from having to officers no longer have to sit in the works on to provide speed enforcement will the I think shortly cover the costs okay thank you. Representative Hodges you're recognized for a question also in soul and that when there's a construction job going on sometimes it lasts for days weeks to exist at the by staff the whole time twenty four seven or only when you're actively out working on the road. It would actually stay up all the time it won't only be acted when officers are present however the motoring public won't wouldn't know if it was active or not so that's also helps deter speeding and another clarification is any data stored the only thing pictures would be retained for court purposes and all data will be deleted at the end of the operation. Representative very you're recognized for a question. Thank you Mr chairman and I'm all for I think it's a great deal and no when we chatted about it once before but I just be curious if you could address briefly addressed the calibration certification of the radar instrument. Thank you Mr. Thank you Sir there it would be calibrated or or check the calibration of the check just like it would be on our radar and a car that we do every day before we start issuing side or use it for enforcement. The representative Tosh you're recognized for a question. Thank you thank you Mr chair and I think maybe answer my question that we talked about yesterday concerning how you were going to get around the fact that here in Arkansas to issue a citation or misdemeanor offense the officer actually has to witness that offense it is a current law here in the state now thank you related to that and I know it's being done in school zones in somewhere else but I was curious about that explanation and the but I will go there thank you answered it but looking at your handout sheet the. I do have a question about the first time offenders will be issued a warning ticket so I'm just curious how you you know in less things have changed since my day once you issued a warning ticket I mean there's actually that was not ever put into some type of database or anything I may use issued a warning ticket and you want all or I mean how are you gonna know whether a person this is our second offense started fancy based over warning take. Thank you Sir actually we use the site which documents all warnings a state police is on the same system so it shows when you scanned the driver's license that shows ever stop with the received a warning or citation. I want something new thank you Jesus I retired so thank you. Are there any other questions from committee. Represent per year so in Arkansas if I see some back thank you thank you here in Arkansas if we see somebody speeding and we video with their phones can cost you a ticket for that. So is this not a similar. You know but is that makes sense I mean we're we're going we're right now taking based off we're going to write a ticket by that's open when it's not construction hours I think you just said that. And we're going to have a ticket based on a video I mean no that's not what this but the he what he was saying is that the camera the equipment the signs will be there you won't know whether the officer who is required to be present the issue the citation is on the far side of the but we're still the only data he's getting to issue a ticket is what is the ensure that and the speed is getting it right. No there's a record the radar for the first one to tell by calibrating while ago yeah the rate the radar that's out of sight so the officer on the ticket doesn't actually see you species going off just information coming from the machine this As You Spada pitcher backed your car. Yes yes Sir the the camera will actually record your speed with a certified device take a picture of your vehicle with your license plate and transmitted to the officer that's present in the work will. Follow up if we couldn't take those photos from say a twenty four hour period when nobody was there stack them up and then have an officer look at a money issue citations the officer issuing the citation has to be present at the location at the time of the offense. Represents time you're recognized for a question. Thank you Mr a C. here were if anything going ten miles an hour more will be photographed going forward it in like with we've had other bills come through where state police and highway police can use some form of judgment you know flow traffic X. cetera so. We're we're assuming that not if you're going to let miles an hour and that's a flow traffic we're about to have a pile up of a bunch of tickets written at the at the end of the work zone correct. A no Sir sorry officer discretion will still be in place. Thank you. Saying no more questions all right is there anyone here signed up to speak for against the bill. Seeing them represent Holcomb are you ready to close for your bill. I'm ready close to Mr I thank the done a good job of explaining it so I would I would ask for a do pass. We have a motion do pass is there any discussion on the motion. Seeing none all those in favor indicate by saying aye hi. All those opposed no. Congratulations your bill has passed. Okay that brings us to Senate bill four ninety four Senator stone who's here. Representative would you introduce yourself. You may begin please. Thank you representative Michael intent House District ten. Hi I'm presenting today I Senate bill four ninety four which is a bill that if enacted will enhance public safety in urban and rural areas currently trucks of a eighty five thousand pounds or less are allowed to travel on Arkansas roads except for federal highways. Are there for the logging trucks have to pass through communities schools even roundabouts to bypass federal highways in order to abide by the law this bill would allow the trucks to move off of the two lane secondary roads on the highways for twenty miles or less this would improve the safety of communities as well as the safety of the truck drivers themselves are this will be managed through permitting process and controlled by or not. And this bill is basically a request to our dot to request to Congress to grant the waivers safety is the foremost concern of this bill and I'd be happy to answer any questions any questions the committee. Okay I see we've got several so represent Springer act you're you're recognized for a question good morning thank you Mr chair I guess so you're bringing the bill would not have a discussion with our dot before you I have discussed it with or not and I have they were supportive and I have the forestry association here as well if you like to hear from them is the gentleman from the are that Arkansas highway is he still here see. I know they're there for revisions foreign because they contact me about this bill. I just okay so you'll put that on the record then I just wanted to know if they were they are thank. Okay all right at Senator sounds that the are not in the trucking association both neutral on the bill. You're saying they're neutral on the bill that's what centers down just okay center I'm sorry out of I was just. You. Your follow up represent Springer. Go up. Go ahead thank you Mr chair a scent of Senate like to me we have a similar bill at the last session about trucks and weights and all this sort of thing in trailers and logging trucks we we had a similar bill but what that bill was they want to raise the load limit across the whole state is not that this is just a this is just a short everyone raise actually than ten ninety thousand pound I think what you're talking I thank limits eighty five now its agent and this is only for short term like a an example public Arkansans do take a back road going over old bridges we have a twenty mile area that they need papermill a lot sooner a lot easier that damage in our roads I think that's basically what this does I'm not mistaken think this would this be yeah that is correct and the Federal Highway limit is eighty thousand and so we just need to make we need a waiver in order to have that extra five thousand pounds for that short in this just for very short mileage twenty miles or less they will be on the federal highways. All represent stamp you're recognized thank you Mr chairman resentment Glendon do logging trucks have add tags like you know we run up here in the northeast Arkansas chicken trucks you know grain trucks they all carry add tags and since they don't come on up to the. Rate question representative sample. What does your self in your district. state senator Matt stone Senate district to attach your question log trucks have a similar tag but the called in our tags or natural resource tags it allows them to carry up to eighty five thousand pounds legally all any state or county road the problem is is representative Maxine did you stated federal highways have. Thousand pounds this is a safety issue for the for the logging industry all right now trucks are being routed back three in a row school districts in and around residential and residential areas even in Conway the have that roundabout roundabouts mass look good they're efficient but when a log truck close to their house we comes around our routine basis another car you sit by the tip into the laws are sticking out but not over length the truck is legal just around about set up for failure when they approached. This bill will allow log trucks within a twenty mile corridor to legally approached a meal a week the Interstate that another thing it will not be on regulated a log truck most of use out highway are used in our state I'll have to get a permit from are not. This and if they don't say it's then this bills okay that is correct okay these are not to make that petition for you okay and so part to this is so before they even get on the road and make their trip they have to petition to or do it in writing are not to say this is when this is where we want to get on the interstate what we want to get also it's not like they're gonna make a phone call along the way to go I do we need to get on the interstate okay they'll be a permitting process cool thank you this permitting process is only available online also in my correct on that I'm assuming it would be yes I don't really I had specifically discussed that with or not I'm sure it is normal to normal they are yeah I'm sure that our standard protocol any other questions from committee. Seeing none of. We have some to speak for the bill. I believe that it's Jerry Bock Rosa. W. asset right. You have a good one. Almost at Barbaro so cerebral thank you for the show. You can go Willie Nelson for so if you want it we don't care. Introduces several you're with UFC. My name's skews me Lori Barker road on the executive director of the Arkansas timber producers association which is an association that represents the independent logging contractors in the state of Arkansas just a couple of points won't reiterate what's already been stated that we support the bill because of the safety issue that's concerned with but also I would add it to be in some studies done at the national level with respect to some federal legislation were fraternities went down on the interstate on state of mind to a pilot program was done and also they found that the fraternities and and the issues like that were more involved with the study of state and county road so this is part of a safety concern that we're talking about and in this far as the the Conway area just real quick in the twenty twenty one Green Bay packaging hold an estimated seventeen thousand fifty four load one way through Conway and it was assumed that eighty percent of those deliveries went back through Conway unloaded in twenty nineteen through twenty twenty two was Frazier averaged around sixty one hundred loads per year so you've got that area you've got the pine bluff area with log in chip trucks or what have you going through the time left and Dollaway area actually to the evergreen building to hold until it's out there so and again as was stated this is a federal issue we're just asking the federal government to get to grant a waiver for a short distance to haul into a boardroom for example in Conway where you go past you see you Hendrix and call in the roundabouts and all that so we're here to support the that being the main reason safety is the main reason for this and again so is this representative with Clinton said we're twenty mile distance stipulation on this was not the whole interstate access so anyway but with that I'll I don't belabor the issue that if you got any questions I tried asking what would make. Comment I guess line and closing that there are other to other speakers here who are in the business of doing what we're talking about here in the can can relate to you a day to day operation with they have to go through so with that Mister chairman I'll close subject any questions you might revisions foreign you're recognized thank you Mr chair motion it's property tax okay thank you. Any other questions thank you Mr Clark road testimony unexciting Kraus the annual pass be from shared. I'm I thought so okay president Tosh you have a question. Yes Richard I apologize I was called outside there and I'm I missed some of your testimony you say this is for the interstate highway is that correct your will not tell me exactly again this year if you don't mind I I will make sure I understand is let's let this representative to tell you what he's divide tell me exactly what this bill is going to do just bottom line. currently in Arkansas. Log trucks had been or tags natural resource tags and they can legally carry eighty five thousand pounds on any road in the state the sale interstate interchange have a cap of eighty thousand pounds. This will allow log trucks with eighty five thousand pounds too heavy ingress and egress on a federal federal interstate system within a twenty mile corridor of a meal. And that way it allow them to care eighty five thousand it is instead of eighty thousand is being requested for safety reasons currently. Log trucks have to go through towns to a truck route that put some going in around school districts in around residential areas and clogging up traffic yes by way of example the evergreen paper mill in pine bluff the Interstate goes right up to the front door they use four hundred loads a day. Five days a week test two thousand loads are going through town in pine bluff the dollar way in surrounding areas and clogged up traffic we can take that pressure off the public roads let him get on the interstate and then to get on the interstate in that twenty mile corridor down after petition are not to get a permit to be able to get on the interstate that way we don't have truckers just hopping in and out where they want to the be five points of ingress and egress so called so we can all be done in orderly manner. So you're you're telling me with this increase in the weight limit that the R. dot is is. No opposition from them on this bill is that what you're saying when I spoke are not they were neutral on they said if you can get it out of committee will be happy presented Congress to get it passed so they were neutral also spoke with Arkansas trucking association and I removed from all that when asked. Thank you I'm sorry repeat it is not an increase in weight on Arkansas roads so Arkansas road to have a weight limit of eighty five thousand pounds it's just that the little federal road portion that we want to drive on has a limit of eighty thousand pounds and so we need a waiver for that so we're not increasing the weight on Arkansas rates okay thanks for explaining that that's the kind of what I thought I was here but I've got it I got a little confusion we always wish I want to clear that up and I appreciate you doing that so. I don't have any further questions thank you any other questions committee. Of. We have one more to test for a. Jason bailed you your your past okay we're we don't have anyone else to speak that single question committee would you all like close you want to. Yeah I am close from my bill I just want to reiterate that this is an ask to our got to ask Congress to give us a waiver on twenty mile stretch of federal highway and with that I ask for do pass so with this bill you're not we're not all they're not authorized to go be on the road is going process is gonna go through with federal authorities correct okay any other questions committee what's will of committee. I wish you that in C. represent spring you're recognized yes I I indicated that I want to do a motion it's property is correct here thank you thank you Sir the motion do pass I have a motion do pass revenues Springer any discussion. All in favor say aye. Any oppose them like sign here nine congratulations your bill passes thank you Mr chairman thank you Mr chairman. S. B. for forty five representative Johnson I think a representative brown's gonna run that so president brown if you will introduce yourself. And the. Thank you Mr chairman at Round District fifty five. Colleagues Senate bill forty fives intent to address an issue that has arisen amended not Amendment ninety one of the constitution Amendment ninety one was passed in two thousand twelve and created a half cent sales tax to fund highway improvements the first part of minute ninety one discusses the need to use the money to improve highways bridges and things of that nature however the problem it is a reason is in the second half of the amendment the language which is two four lane highways I think that the intent of the amendment I think is it's been found by trial court before is that clear they're talking about interstate highways freeways our state. The problem is that none of with the I. thirty expansion which was followed any people here in Little Rock a lawsuit when it to the Supreme Court where the use of Amendment ninety one money to improve a six lane portion of the interstate was challenged and in that case the Arkansas Supreme Court said that regardless of what may have been intended we had to go by what was actually written and because the amendment said four lane highways the money could not be used for any six line portion of interstate highway only the four lane portions I think that case was ultimately resolved as we see the I. thirty project is pursuit is a proceeding. But the issue is is that is showing a loophole in Amendment ninety one which is that a minute ninety one money may be used for the four lane portions interstate highway not the six languages interstate highway so the problem that has arisen is it in the time since Amendment ninety one was passed we have upgraded so many miles of our interstates from to look from four lanes to six lanes including about thirty miles from a fate bill to Bentonville about three most common Little Rock in about twenty five miles from been to Little Rock. This bill is due to make a technical correction to change for lying to multi line think that accomplishes the goal of the amendment as originally passed by the voters of referred by the General Assembly passed by the voters now you may ask well how can we do that we're relying upon amendment seven which was amendments the constitution back in nineteen twenty is that amended article five section one and essentially provides that if a measure has been approved by the people in measures to find include constitutional amendment in the General Assembly may by two thirds vote be able to make an amendment to that amendment and I think that the intent of article five section one is just like this is where we've got an issue we're making a technical correction that's what this bill is going to do there has been some discussion about will this result in a lawsuit I'm sure probably will it's a test case I think I can represent to the committee that Senator Johnson spoke with the attorney general's office beforehand they do believe defensible lawsuit what we're really trying to just get some clarification from the Supreme Court in that does article five section one allow the General Assembly to make technical corrections the two thirds super majority vote or would it require another constitutional amendment with that be glad to answer any questions. I'm sorry I was. Working straight you little bit you have questions yes Sir represent Shepherd. Where where you're you're. Okay now we thank you Mr chair and thank you representative brown so the concern kneels to voters voted to spend money towards four lines. I think that the concern is is that when Amendment ninety one was written our interstates for all four lanes and through poor drafting in my opinion we have not boxers painter sells to a corner that can be used for four line not for the six line portions we now bill since. Follow up missile. What did the voters vote for. Amendment ninety one the first half says this money shall be used to improve highways in the second half says this money shall be used to improve multi lane highways and that twenty twenty Supreme Court case that was one of the issues the Supreme Court wrestled with there's a dissent really talk about this quite a bit of essentially we have a issue where we are defining what the moneys to be used for two different ways which way controls. In the court came down the side well it did say four lines will go with four line later in the amendment. For let alone agree so I'm just trying to get clarification so originally when the voters voted they were under the impression that it was four four lanes and so now there's some discussion that that's what the voters voted for for four lines but the moneys are needed for actually six lanes which is why you're here I think that when the voters voted I I personally think the intention was for interstate and that's with the trial court found that to in that case talk about from twenty twenty originally that this is supposed to be fined interstate highways that's what I think was voting for but like I said because the poor drafting later the minute changes to multi liner to four lanes that's what we're trying to fix okay thank you thank you Mr president you're recognized for a question thank you Mr of representative brown I I get what you're doing and I. Part of me says yes I I will want to support this the other parts is that if I go back to when the voters voted for this site and also think about like amendment one that was done for the tied for the tax on the on the roads and things like that I just think that when when the voter sit here and say this is what I'm voting for for us to to change that is that is that what I'm understanding is that with two thirds vote we as a legislature can change though the wording that was surrounded in that amendment to basically on doing what the voters said that that they wanted to to vote for yeah I'm trying to to simplify this for everybody on the committee I guess yeah what my response and region pop would be is that the voters through amendments seven gave legislature that power in the hundred years ago I guess I think this is a case where the amendment seven is an appropriate use which is essentially we're trying to make a a technical correction which I would argue was due to poor drafting in the first inning Amendment ninety one you know that no one thought of what some point to future Our interstate highways may not be for nine and maybe multi line is I think that's what we're trying we're trying to actually accomplish their intent by fixing an error instead of a pound louder so the pain to a corner we cannot accomplish the original intent follow up do you. This is this is gonna be a two part two part follow up I of so do we know of any instance in the past where we've used amendment seven to to go back and change. Change something voters voted on not I'm sorry not that I'm aware of there is a case from nineteen fifty nineteen fifty one where amendment seven came up the first time in that case the Supreme Court declined to to use the language that were using this that's why I say this is a test case we had for is that still good law or has the Supreme Court change the law since then I do believe the consumer has changed a lot since then because in more recent decisions such as this twenty twenty K. so speak up there's also twenty eighteen case dealing a sovereign immunity it seems like our Supreme Court case all now is going back more towards we will interpret the constitution as it was written in one that's why we have this probably twenty twenty and so this this bill if passed it I will be completely honest it will probably be a test case you will find up in litigation we'll give our Supreme Court a chance to give us an answer one way or the other going for so my second point to that would be do you think that if we pass this today that it would kind of open up a Pandora's box to any time we did a wrecker or you know a a voter amendment on the ballot and we came back go well we didn't draft that correctly OR wasn't done you know there may be a loophole the other issues could come forth in the and we say well let's use amendment seven because we as a legislature thing than can come and fix things per se I mean I'm just asking you because you're also lawyers I'm asking your opinion on and and that I honestly do not know the answer what I can tell you though is that Amendment ninety one was an amendment that originated with the late it wasn't up people's amenity with the legislature amendment and. Like I said is that I think what was in there thank you. Okay represent spring you're recognized thank you Mr thank you representative Holcomb trying to follow up on what you've what you've been trying to pull out and I think the direct question is this appears to be an attempt to bypass going back to the voters to vote on this two would you agree representative Brown. I would say sent him to by pass again I I think it's more technical corrections. The technical corrections but so what's the what's the correction that needs to be oppose the technical correction that needs to be made four lane change to multi line so so you think that that was that was something that was technical that they don't understand that there could be a possibility to I guess I'm not following technical I think that when we drafted language nobody thought wait a second interstate's may not be for line in the future I think that's what the problem is okay so then follow I'm sorry brewery so I'm trying to understand is then if the if the vote was initially vote over voted on it what's the problem with allowing them to vote on the gin I mean what's what's wrong with that I think that could be another way to fix to do another constitutional amendment thank you I appreciate that thank you. Any other quest represented the. Okay what. Your own okay thank you Mr a representative just curious is this. If we pass this out and I think I know the answer but I want to be certain and get your thoughts on it to up if we pass this out is it only prospectively or we we find ourselves six months down the road with Ardagh redirecting funds to the I. thirty project. That I honestly don't know the answer to my understanding should respectively to clarify going forward my understanding was that the I. thirty was or. Thank you. Any other questions from committee. Okay of we have someone to speak at this time we ask first to speak for against the bill speaking against the bill Dustin McDaniel said bill for forty five. Former Attorney General. Are you Sir hello this will help to but anyway. You. this is self and be with the reps the estimated annual I'm an attorney here in Little Rock. Three thank you Mr chairman thank you members I was just in the other end of the building I think there's going to be a great deal of surprise the bill. the subject matter of the bill is not the least bit controversial I would think that anybody would be almost nuts not to free up hundreds of millions of dollars worth of highway money if all you have to do is change the word multi to for or for a multi the problem is and have been talking about this for twenty years and people see me in the hallway in a row there comes McDaniel he's gonna talk about amendment seven again we don't want. But there is this little. Hi mom and in our constitution that's been there since this awkward wording of the definition of a measure which to his credit senator Johnson has very carefully articulated in this in in the preamble of this bill. If. The General Assembly chooses to amend the constitution by a vote of members and skip the process of allowing the people to vote on the constitution. And the Supreme Court overturns the Edgemont case then at that point every two years every legislative session will be a constitutional convention there will be nothing off the table at that time at that point. Higher ed game and fish highway use marijuana casinos lottery term limits every thing it will be if every set. Some people may want that but just to be clear I have not one bad thing to say about the merits of this legislation fixing that funding problem on highway funding would be great however know that if you're voting for it this this vote really doesn't have anything to do with that highway funding this is about sending a test case to the Supreme Court and if the Supreme Court decides to overturn Edgemont. Your entire jobs is cut as legislators will change drastically after that so for that reason I would encourage the committee to pause the legislation's. Any questions from committee. Represent all Mister name Mister of Mr Daniel what I understand what what would your solution be to fix legislation like this that technically it means a technical correction they will like you just said I think we all agree that. Prodi's be cleaned up a little bit but what's done is done at this point what would be with your experience and knowledge how would you go about trying to fix this technical correction there's an easy fix available to you already in the constitution which is you get to refer three amendments to the voters I don't think that a hundred years ago the idea was that the legislature would refer three of the most controversial ideas that. And so I think that it was designed to skip the signature gathering process and fix things in the constitution that need the attention without the whole of blue of signatures and all that this would be a perfect thing to refer I'm told that you're a state agencies is down to essentially one of three this time around and that's great I don't it's probably too late to convince state agencies to add a a fix it but representative Lundstrum had a bill exactly like this to do lottery funding for two year infotech colleges and rather than do it this way and open the cost. Fite It's it's probably going to be one of your referred amendments that should be this should be a referred amendment at some point but just know whether it's a good idea or bad idea this is about a whole lot more than six. I don't see any other questions thank you for your testimony Mister manning appreciated thank you yes Sir the anyone else there's speak for against the bill saying none no more questions from committee would you like to close thank you Mister chair I think one thing we can all agree on agree this meeting on a person on this is that we're here because the bad drafting I think both in the original Amendment ninety one in the questions about the Supreme Court cases and what this language means that contradicts itself in so that's why we're here so since we are trying to use amendment seven which was passed by the voters I would I would also point to the committee about a two to one margin back in the nineteen twenties it provides a mechanism for fixing problems like this we're trying to fix problems like this I will mention the committee that the did this did pass out of the Senate by thirty two to one or thirty three to one vote from there's one no vote and I appreciate a good vote with that Mister chairman I'm close I make a motion to pass I have most do pass indiscretion. All in favor of the bill say aye aye aye All opposed I know. You don't I really did not think I would ask for a roll call that goods. Well let me let me say this to you done a really good job present the bill thank you for your purpose thank you Mr chairman thank you may I understand that this is a a sticky question but it's also most things like Intel we we got to figure out what the law is one way or the other thank you thank you all right the. Richard Brian are you going to run this bill for Senator Hammer all I'm issues may have. I'm. I guess because you're from Brian I keep saying Brad all the time I know that represent I think that's the second time I've done that so represent hope you're recognized induced seventy makes the. Representive park from Brian Arkansas District eighty one Colleagues I bring you Senate bill five eleven today and what this is an act to amend the drag racing laws in our state the subtitle to amend the law concerning the participation drag racing if you guys know anything about what is happening especially here in the capital city drag racing has become a problem it and not only in the capital city but it all and in all of Central Arkansas on this is a pretty simple bill I know that chairman Holcomb last session did some legislation on drag racing as far as the penalties what this does it enhances that just a little bit it allows for law enforcement offers at their discretion to impound the vehicles that are involved in drag racing and so we we've seen it is a problem in central Arkansas and and the more we can do to prevent drag racing bit because not only is it that does it you know terrible streets everything but it's also a safety issue when you're when you're on a two lane road down here off reservoir and you've got people that are drag racing and there's walking pass along the way it's a safety issue and so anything that we can do enforcement wise to deter drag racing that's what we're trying to do with this bill and with that I'll take any questions. All right reserved bring you're recognized Mr do we have a quorum here to address this call I'm calling for local. Just a second. Okay this is not debatable. Committee stands adjourned.