Public Transportation- House

When you're going to speak even if you're gonna make a motion also also puncture marks or we can so I can recognize you on the on the board up couple of announcements real quick little housekeeping of. Please everyone on the committee get with vice chair representative McClure as soon as you can specially before next Tuesday's meeting the needs that we got the little cast keeping business we need to take care of so please try to catch up with them before next Tuesday's meeting also of alleged noted a Tuesday will be our last meeting and we will only hear Senate bills Tuesday so we're here bills today Tuesday will be our last meeting will only hear Senate bill all right of with that of we're going to without objection we're going to move on the agenda and hear a House bill fifteen eighty four representative Watson you can. You will introduce yourself you may proceed. Thank you Mr. Co chair is good to be here love this committee how will make a quick served three terms on it and boy did I jump into a fire jumped in the judiciary so what we all have a bankers is to make sure do still okay state representative Danny Watson District eighty eight of House Bill fifteen eighty four is a bill that does one thing send reference to that I'll go ahead and say the word is going reference to toes what it does it codifies to have the notice is posted online instead of the old traditional way print that's absolutely all it does in the last General Assembly the ninety third General Assembly it was agreed upon from the transportation committee asked if there would be a transition period to hold up until the the the total association got a workable website so citizens could see the notices on a workable website this transition period was done it is functioning it is working it's always functioning were website the name of the website is Arkansas lost on a to date sorry at to date as of this past Monday twenty five hundred have already been process just for searches ago that's all this legislation does it does all right any questions from committee members. Register bringer motion at the proper time correct. Any other questions seeing ninety one years speak for against the bill jim what's your code I close appreciate a edible vote appreciate Joe misprint Kian. Q.. Okay you're recognized motion to pass motion do pass in discussion from committee. Seeing none all in favor say aye. Any opposed say no connect graduations your bill passes. Thank you next on the agenda we have house bill fifteen fifty six representative makes and I think you have an amendment you want to run first before we get to the bill so Give us a minute give us a minute to get the amendment passed out yes and then you may be introduced herself after that and proceed with the amendment all right just let me know when you're ready. Begin just second amendment at the the the the amendment is actually gonna replace the entirety of the bill so the amendment is going to be the bill okay represent makes going into yourself you might see all right so I representative Stephen Meeks District forty two so as your technology chair one of the things I try to do is keep up to speed on what's happening in the news in the technology realm and one of the things that's been happening across the country relates to over and lift ride shares. And what the controversy is been is the the it goes to paying it also goes to their and their status there's been moves like in California there to classify drivers as employees there's been moves in Illinois to classify drivers as motor carriers and there's been a lot of concern over the transparency that these organizations give to the drivers that the controversy is surrounding what percentage of the fair does the driver actually get from the total cost that's charged to the rider. Both uber and left say that they guarantee that the drivers are getting seventy five percent of the fair however when the. They have not been forthcoming with the data to show that so instead people that are research this issue where they've gone out they've asked the rider you know how much did you pay they've asked the driver how much did you receive and a lot of cases the number actually comes in closer to between twenty and thirty percent. And so what this bill does is the purpose of this bill is to bring transparency to that process that allows both the the driver and the our rider to see what the total fare is what percent does the the rider get and then and that transparency piece was actually that language is actually brought to me by uber so this is something that they're agreeing to and then the last piece that we're adding is saying that after you take out all the fees the tolls the the taxes any airport fees that if your saying that you're gonna give the driver seventy five percent what the bill is saying here is that we're gonna make sure that you pay the driver two thirds so we're gonna set a two thirds minimum and if the companies are guaranteeing seventy five percent no reason why they should be able to hit that target so that's what the bill does so transparency and a guaranteed two thirds of the the fair so that's what the bill does happy to answer any questions questions from committee. Represent hawk recognized thank you Mr chairman of representative makes a as a former uber driver I don't I know what you're coming from I have a problem just in the fact that we're telling we're telling a business that they have to do this one every every uber driver knows what they're getting when they accept that fair right so like when you whenever I did this I somebody would be at Little Rock national and and I would do is I would go and pick that up and they'd you'd know exactly how much money you're going to make off that drive right so the transparency is there are and I just have a problem with current why are we why are we telling them that they have to say to give a a minimum dollar amount when the driver already knows what they're gonna be making so the the the yeah so you're correct so the driver knows what they're going to what they're gonna get and in most circumstances the you know five five book a ride from say from here to the airport that the passengers going to pay fifteen dollars the driver's gonna get five Bucks water or whatever it turned out to be but there are times when surge pricing kicks in because demand is high or you know there's been an ice storm and those prices can skyrocket during that time period in that same trip to the airport for mine now. cost me as a driver or ask me as a rider may go from fifteen dollars to thirty or forty dollars but the driver is still getting the same amount of money is still going to get that five dollars even though the company is going to be profiting a lot more. From that and say and I don't think. That's fair. But that that that's taking place the other aspect is as I've said is that the transparency keys the Companies are saying that they're guaranteeing the drivers are getting seventy five percent how does the driver really know that. And so this is just to bring. Transparency so that the driver is that the the the driver and and in fact is a small business owner right because they're they're they're paying for all the gas they're paying for all the maintenance on the vehicle and and their time and as a small business owner with all those expenses I think it's only fair that they should. Fully know what they're. What they're getting from. Follow up clear but the driver knows what they're getting no one except that ride though right I mean like you can decide if if you're the driver you can say well I don't want to go all the way North Little Rock Creek this first not because it it's going to cost me too much in gas and and so as the as a small business owner of of the vehicle they get to make that decision on whether they want to and I just might my question is is it. Our it is this is this is a big part of the bill it the minimum mandate is that really necessary I guess when they already know and that's I guess what I'm not where I'm coming from so there's been thanks to their been moved across the country to try to set minimum wages for these drivers are making employees and all that and and I I that that's not right I want to go down because the people who do this as you know if if we've done it before they do it because they want to enjoy the freedom of being able to say when they go on when they they go off if you make a move Chloe's you take a lot of that away and so that's that's not a path that I want to go down but at the same time I also want to make sure that the drivers are fairly compensated and so that's what my goal is here if as I said that the the the the transparency pieces something the companies have agreed to sell their okay with that that this is actually their language. The the the two thirds payment as just to make sure that the writer that the drivers are fairly compensated and so that's what I'm attempting to do you know if we do move into recession there's gonna be a lot of people that are gonna be turning to these type of opportunities to make ends meet and again I just wanna make sure they're fairly compensated but I wanted to do it. In a way that we're not setting a minimum wage in a way that brings transparency to the whole process and the only way that the driver's going to know that they're getting that two thirds is if they know the transparency. You can't know that so in other words if we say that we're gonna require two thirds. How do I know I'm getting two thirds if the company is not providing the other information so the companies agreed to provide a that other information and so that's kinda where I'm trying to trying to get here I'm trying to protect drivers without setting a minimum wage. That represented very. Thank you Mr chairman and remit to defer to the experts but I think we're getting the cart before the horse or we debating the amendment or we debating the deal the testimony I think it's more based on the bill so don't we need to pass the amendment first before we take the debate that we're going through right now the only reason I allowed allowed it because he said but. I didn't early correct yeah so so I still the amendment has to get past correct correct The house is we moved. Yeah acted they the the amendment is is the bill. Yeah if you have questions on. We'll continue to a question on the amendment. Okay then I have a question if it's on a senses anyway so. When you say you know I'm on these guys in god we trust everybody else bring documentation and you said you said you mentioned research beginning of your opening comments that the research search shows what research are you referencing their so these are articles that I've been reading for the past probably year year and a half on this when the movement started happening across the country and this is research that various journalists have done and various Organization died not that the unfortunate I don't have a better answer for that the like said this is it if you do a Google search on this you'll see that time and time again as I've read that research is always come back to the saying that the drivers are only getting between fifty and twenty five percent of the of the actual fairs and the challenges. The people who have wanted to get more in depth research on this have not been able to because the the two primary companies we're talking about here who were left have not been forthcoming with the data to confirm or not okay and follow up. Order you enough questions follow up this week so all right so. I'm a fox news guy so you get seen in any got fox news that both do research here I believe so but you don't have any any hard data that you can share with the committee to build a case one way or the other so also also in in the case you're saying so both the fox and CNN would agree that that number is actually between twenty five and thirty percent. as low as twenty five to thirty percent. It's very difficult to bring actual hard and it's all anecdotal Act. events based on surveys that these third parties have don of the drivers and riders okay no heart and right now you it's hard to do you can't do hard data studies because the two companies won't give that data. And so because that data is not available it's impossible to answer my question that is not available this is a that is not available yes okay only in a total data and that's part of what I'm trying to do is to make that hard data available so that. Both the drivers and. US can make informed decisions. Of this printer. Good morning thank you Mr chair that I understand you say that you get this is kind of like an agreement that the companies have agreed to pay at least seventy five percent and you've compromised say at least sixty seven percent did I understand you to say that correct so both uber and left have advertise the drivers get seventy five percent also I Senate threshold much lower than that sixty six percent along those lines the traditional taxi cab model usually the taxi cab drivers get about eighty five percent of the fair so were way below this is this is just a minimum guarantee that the the company's already say they're hitting. And if that's the case then the brunt of this bill is register transparency bill. Any other questions from committee of our reserve Andrews recognized thank you Mr president makes don't you think any type of regulation would. No discourage rideshare services at all. Now. They so the The the bill that I am proposing actually already adds on to current regulations in Arkansas so many years ago we passed laws regulating these companies so for example every year the vehicle has to be inspected to make sure to save vehicle for riders the car can't be any older than fifteen years old so we sat regulations both for the benefit of the rider in this case the driver I agree where you're coming any regulations need to be what well thought out and minuscule minimal the the purpose of this is to make sure we have a fair playing field and that we have open transparency So that everybody knows what's going on. It system thank you Mr chair representative makes is there been a decline in ride share a sensibility in the State of Arkansas would necessitate this. So as far as like the number of drivers that that that fluctuates based upon a lot of times what's happening in the economy you know back during covid. The number of drivers declined drastically I think the numbers have come up if we go into a recession from all the research that I've done the expectation is a lot of people will turn to these to try to make extra money for their families it's oh eight it adds inflows just depending on what's happening with the with the economy. So the the the purpose of this the this probably I don't see this affecting the number of drivers or riders at all because all we're asking for here is transparency from the companies. And then setting that minimum guarantee that the driver will get from his from his work followed Mr chairman thank you Mr so has rideshare folks been reaching out to you asking for this legislation to be passed now you mean far like drivers and stuff now now this is like I said I tried is trying to a you know a lot of times with technology the law typically lags and lacks quite a bit so I'm trying to get ahead of. In this case this controversy that's going on around the country. Trying to create more data more transparency so that we can all make better informed decisions so that's all I'm trying to do here trying to create transparency represent hope you're recognized thank you Mr chairman I get what you're doing I really do I and I think it's got good intent I I. The the part that I'm I'm struggling with is that we they are already saying that they're going to give a percentage right they already say that but now we're we're trying to put in the law to mandate that percentage and. Do you not fear a little bit that if if we as a state say uber left whoever we are mandating by law something you're already doing or or she making it stronger that they say well you know what you guys were going to go that way we're just cannot do over in Arkansas I ask a that's kind of just because we we're we're going into a much like what you said earlier with the the ride share owners that's our personal business we're now going into uber's personal biz you know personal business and putting in the law saying that they have to mandate this by law you don't think that that they might say you know what we're does not as messy of Arkansas so if they were concerned about that they would be here lobbying you do not to do it there was a effort in California I don't know if you're familiar with this but that there that was trying to make these are employees be considered employees and both uber and lift spent over two hundred forty million dollars fighting that. both of these companies spend millions of dollars on social issues or issues that they want to lobby for. I'll just be politically correct and leave it at that left has over five thousand employees and they buy their lunch every day so lifting please don't have to pay for their own lunches. They've got money to do all that stuff meanwhile drivers in Arkansas are barely getting by. We set minimum wage for. People that are working in the fast food industry we set minimum wage for we just set minimum wage for teachers of fifty thousand dollars we set minimum wage for every other industry. But these folks who are just trying to make extra money to feed their families. I'm trying to set up a sensually just a minimum wage if you will for them. That is. Below what the company is already say they're doing. And as such that if a. the company's gonna make a little more money because a surge then that driver can take advantage of that make a little bit more money if there's a lot of drivers on the road and there is not a lot of demand. Then the drivers not gonna make as much. That's why I didn't want to say you know guarantee and they're gonna make twenty Bucks an hour. Because. If there is a lack of demand then you back if if if you know everybody in this room decides we want to go online the same time to offer rides and there's only two people to pick up that's obviously going to be very detrimental to the company because there's just not that the the man there. So by doing it this way. It. Protects both the driver and the company hopefully that that makes sense. And that and that's what I'm trying to do here is I'm trying to protect both of them. Anymore questions from committee. Anyone here to speak for against the bill. Okay I'm sorry the motion first floated up member. Just bring your motion to adopt as amended. We're we're remote in and that's right but is it up member I have a minute any discussion from committee. Okay all in favor of document dotting the Amendment say aye aye opposed say no Call the roll. Representative Matthew Shepherd. Representative Matthew Shepherd. Representative David Whitaker. Representative Whitaker votes I. Representative Dwight Tosh. Representative Dwight Tosh. Represent Austin McCollum. Representative Austin McCollum. Representative Harlan Breaux. Representative Harlan Breaux. Representative in the Senate. Representative and it votes I. Representative joy Springer representive Springer votes yes representative Mark McElroy. Representative McElroy vote sign. Representative mark berry. Representative berry that's now. Representative Brandon acre. Representative Brandon acre. Representative R. J. Haak. Representante that's now. Representative Matt brown. Representive brown votes I representative Joey car representative Carlos I. Representative Chad Currier. Representative chat president. Representar Stafford. Representative terrace Shepherd. Representative Deanna Hodges representative how dispose I representative chase time all. Representative sample that's now representative wait injuries. Representative wait injury. Representative Brett Makar. Represent me but sign. Okay thanks ten votes in this committee because speakers on you got a vote so the the amendment fails okay and that without the amendment that pretty much kills the bill so I appreciate you all times morning okay thank you resent me. Okay without objection will remove the house bill seventeen sixty five representative wing he has no committee get to so represent wing if you will. And the. Before I forget it a Mister Hammer before you leave they could I mean you just for a few minutes after the meeting thank you. Okay represent wing may proceed thank you Mr chair of a committee this is a very very shall first of all district yes I'm sorry my name is Carlton wing and I have the honor of representing North Little Rock insure wooden District seventy it is my honor to be here I this this bill is very simple all we're doing is asking are a towing and recovery board to promulgate some rules regarding the towing and storage of electronic vehicles and the reason why this is happening really in this ways to fold it is one of their is emerging technology that we're having to deal with but the the the recovery of electric vehicles when they have been in an accident presents a toxic situation and so we need to be able to develop some rules for the successful and safe towing and storage of these vehicles the towing board is fully in agreement with this this is their bill this was there idea we've given them a a deadline to report to a L. C. by the end of October of this year and it is just that simple happy to answer any questions. Of committee this is at the the. Actually the only do this procedure yes for us to send it to Legislative Council let them promulgate rules so that's basically all is pretty simple bill so you know I would I would encourage you to help us get this through as any questions from committee. Anyone here speak for against the bill. A scene in your clothes I'll close for the bill what's a represent Kerr you're recognized. I have a motion to passing discussion all in favor say aye opposed say no hearing the graduations your bill passed thank Mr thank you committee have a great day. Of I do not see representative Andrews so. Okay I understand he's going to pass over the bill. So representative Pearce is not here of representative ball is someone here to read the bill for representative ball okay sensetime you might. Seventeen twelve okay. You induce F. Emergency thank you Mr chair Tristam District to a run this a bill on behalf of DM Vaught house bill seventeen twelve with this guy what this does this will amend the street speed trap law to allow state troopers Act county sheriff's offices even constables to write tickets that will not go against the revenue threshold forced the speed trap law it's pretty pretty simple in nature and there's no known opposition to this to my knowledge. So representive it changes nothing is for their police departments concerned what what what all we have on the books now for the speed trap law with that with that department yes Sir okay all right any questions from committee. The representative Frank. We thank you Mr. If it's not changing the way we change it from the change the law I'm I'm not understanding that okay explained good yes appreciate questions so this what the if a state trooper wrote a ticket in this municipality it would go against their revenue threshold for the speed trap law so what it is is you know we this known known secret that speed traps. If you will use that word but the you know the these municipalities we use these to generate income it's a very appropriate were go ahead yeah. But but that's what this does this will allow the state troopers if they you know rarely do you see state troopers pull people over a municipalities in in reduced speed zones but it does happen on occasion and what this will allow is that not to go against the revenue threshold. That answer questions misprint any any other questions the be anyone here to speak for against the bill. Hello I'm closed. What's will of committee. President Macroview plenty inside. Roy you're recognized I move do pass and most do pass in discussing the committee. All in favor say aye opposed say no hearing none graduates your bill passed. Thank you committee members and payment. Well by representative these are. If you is way or. Zero during the okay sharing resent Johnson. Represented in it. A H. B. seventeen fifty two. In addition staff you may proceed good morning committee committee members my name is represented in the Senate I represent District eighty here at downtown little rock and participle asking County. Can I call my witnesses and I like to call Mr sales and Mr Denson. Great. You will initiative gentleman and then we can go ahead. Their presentation. And who you're with. Thank you Mr thank you committee my name's Gerald sale conductor on the railroad twenty years in the state legislative director smart transportation. Leding said I represent brotherhood locomotive engineers and trainmen a locomotive engineer twenty one years. When I want my special election back in twenty nineteen even before I got sworn in I have a received a whole bunch of phone calls from people and District eighty about how the trains will stop in the middle of the tracks how will it how it impedes their way of life callous numbers of calls and I will call the lobbyist for real road that I will call the representative from the railroad company then I will call the F. R. A. then I will call our federal delegation and nobody can ever quite help me with this situation this is a problem that not only happens here Pulaski County it happens throughout the state of Arkansas a recently yesterday there was a local news station Kate eight and northeast Arkansas who ran a story about a committee called can in. Greene County they were complaining about how trains will stop in the middle of the track and how it could take up to thirty minutes to an hour for them to forty trains to move also in my area in twenty nineteen it was the incident when Constituents had to sleep in their cars because the train stopped there for seven hours so this is a problem currently there is a court case a federal court case Ohio versus C. S. X. they have nineteen eighteen states on the lawsuit including the District of Columbia and three states their border us Mississippi Texas and Oklahoma. So this is not just the Arkansas thing is a nationwide problem. House Bill since seventeen fifty two is it will act like a trigger bill if that court case Ohio versus C. S. X. is favorable it would give states the right to enforce the laws. It would I'll let me tell you what the changes are The allowable time for blocking the. Sorry I'm nervous I'm sorry we're back we're on your side I don't like dealing will like you will relax your bill or not Sir go ahead this. Just take your time and that and I like to say this to. I like trains trains provide a essential service for all of us I have nothing is to train companies I just have a problem when my constituency cannot deal with their daily lives when they can't go to work or play or pick up the kids whatever is the is it impedes their way of life so basically a changes in seventeen fifty two it wouldn't in the law and make it more reasonable for ten to fifteen minutes for a blocked crossings the thirty minutes up to two hours seven hours or however long also it would utilize using emails and mail to report product report if you have a complaint the time could you could you saying that the answers in the email brought what is that now so like if you have a complaint it will it will allow you to email it or mail it to the commission. The rate yes okay so how are we going to how are we going to get that information out you're gonna be a. News. Your you say let allows the member who we gonna email how we're going to who the mail the commission the the state in the law the law this was previous we written specifically states that it would be a railroad official that she would contact so previously you this law is read in nineteen ninety three nineteen ninety six excuse me so it was written as certified mail so basically we could still present be a certified mail but you could also do it electronically we just wanted to modernize okay okay our thank you. Good I hope I didn't make you nervous but I'm just we're trying to if we go along with go ahead. also time to have a decision rendered will be amended for one hundred twenty five days to forty five days. The penalties there are in the bill have increased and part of the penalty will go to the municipality in the other part will go to the. The State Highway Commission. yes I have that don't have any questions from committee members since from committee. Representative hope you're recognized thank you Mr thank you represented in a couple questions so the list you gave us will of all states and Arkansas is not on the train you said this bill if it if it goes into a fact then we would be able to start moving trains based on that court case but were not involved in the court case can you explain that a little bit to me like how how we can be effective or not involved. Yeah I can explain that so so basically this laws been the books it was enforceable for twenty three years but the way it was written it was hard to enforce there is laws written in Ohio and Oklahoma that really untenable they weren't fair to the roads so those those cases went for their challenge by the rules and they lost so what how was done is taken this to the Supreme Court argue as a states rights issue and the other not eighteen states are seventeen plus DC have joined in but once this spring court make that decision it was a lot like roe V. Wade would be a trigger law is not effective currently but if the decision was rendered on side of the states and states rights Dan this law would be apple at that point follow up with so right now as it says this is a federal issue correct right right now the federal government has no regulation on walking crossing it's been covered by the state since nineteen ninety six most states across the country of covered it and enforced it in till the last couple years when they've lost some cases in that's what's forcing a move up to the federal level into the Supreme Court to ask ask for this I'm giving will lead where they if you have a question for you well yeah I do following okay so my next question is is you know we're we're talking about amending this to make you know ten to fifteen minutes allowable time. I saw a story the other day it may have not been the other day I was when I was reading this bill down in Mississippi there was a train that was on the tracks and it sat there for like seven hours in the conductor one eight line for someone that Who's gonna move the train like it like if this bill goes in in the conductor is not there and and we passed a law to say we gotta move the train and because we've got a law in place but there's no conductor I should sure how we moved that train as a conductor I explain that to you okay very quickly so we're stopped we don't have any control whether or not we can move the train we we have the signal system normally for us for union Pacific voice comes from Omaha tells us whether or not we can move trying based on traffic but what happens when the conductor may have gotten a few months that wasn't why the train was stopped it just probably happened to be there and he was stuck with a lot of times were stuck for hours on end as out of our control you know we're kind of on the other side of things I'm sure you've all been blocked we're on the other side walking in we do everything we can do to avoid that we try to lay back out of town to ends in we know the we traverse so we know where we might fit according to the size of the trains we try to do everything we can to avoid him we just felt like this if the Supreme Court case does pass we just wanna make sure that the law is enforceable here in S. Africa will to maybe I have a carrot out there for the rebels to try to help us avoid the staff's crossings thank you. President berry recognized thank you Mr chairman I thank you Mr chance just because of secretary due to judge was in little rock you probably should win over talk to him because this is a federal issue it just like it is with the FAA we don't control their ways above us we can't tell airplane you got to do this or that you got to go around Arkansas if you don't fallen in compliance with with all these issues and another gentleman sitting next year disagrees with because he's a he's with the labor organization because really what this is is a labor bill in its a jobs bill the split the trains and have you can have more conductors you get higher pay and so forth but we've gone to this every session this bill comes up in it fails because it's a federal railroad issue and what we're if you're talking about today is just wasting time because it's not gonna do anything for us I haven't had a phone call from anybody in my district complaining about real roads being blocked or any emergencies in my district the whole time as I've been in the legislature so would you not think it be better to approach the federal government and see what they're planning on doing to fix it sure I in I provided a quote here if you look for provided to you the federal government did a study of the most recent study on this and this is a trump appointee he said specifically for Bach crossing state and local governments are better positioned to address each community's unique rock road network. You know the federal government is kick the can back to you all and this is the first time we've ever run this legislation and it is already current law this we haven't run this legislation before and it hasn't failed before I wasn't here in nineteen ninety six when it was passed but it's been on the books since nineteen ninety six. This printer thank you Mr up and thank you Mr sales for your comments just now I will is going to go through the law the submitted to as is billed to go step by step and you've already indicated basically you're trying to change some of the specific things would you go through and explain to us what those specific things this law what you're trying to change to come to some type of agreement as to what you're trying to make sure sure that's no problem we we first looked at it addressed at the time was actually ten minutes and I didn't think that was reasonable for the railroads to to meet we run longer trains now sometimes when we try to avoid blocking crossings but if if were stopped for ten minutes I didn't think that was right so I thought we needed to increase that you know part of what we want to do is modernize like I spoke to earlier to make it where under one's gonna send a certified letter they don't know where to send it to you know email is a little bit more modern or we we could have that ability and as far as the days the days that make a lot of sense because if you look it was they would have forty five days to respond sixty days respond so we took basically said a standardized day where you have fifteen days to report fifteen days responsible everyone is on a level playing field there and then as far as any fines you know the fountain raise since nineteen ninety six we just double the fines I think they went from I can look at it here. Two hundred to four hundred for the minimum and five hundred two thousand for the Max double the fine since it been you know the quarter century since the the law was written and we thought it was important that any revenue that was generated from the fine would benefit the counties of the communities where the box process continually happen but also half of it would go to the state and we always have an issue with funding for state highway systems so in your opinion is pretty clear that this is something that the state has previously adjusted because there is actually a law on the books that talks about these things these very things that you're talking about yes along with books and there's there's opportunity laws on the books regulate railroads in the state of Arkansas already and one I I just have to jot down as twenty three twelve one thousand three in that gives the Highway Commission the right to enforce any law on the roads in the state and that's was written in nineteen ninety three so it's it's been standard Arkansas for years final question Mr and you are aware that there are many complaints from across the state regarding this yes ma'am thank you well let me ask questions yes the highway department head the ability to enforce that law to or to yes do they doing that this is amended force that I could find looking at it and that's was our concern was it was written in such a manner that it was almost unenforceable okay thank you okay of represent how and I'm thank you Mr this the fall to the chairman is so if the Highway Commission is is can do this have you spoken to anybody in the highway commission or or the Department to say this is a problem we need to we need to fix this and do some of this we we talked to own multiple times in previous years for anything we're trying to run it will I haven't specifically to this bill I was hoping we could get it through but since it wasn't anything new since they already had this on the plate to enforce I didn't think that that would be necessary if so I'm always willing to sit on top. Any other questions from committee. Okay seeing none we have to do speak against the bill of Michael Emporio the authorities come up together. And introduce yourself and who you're with give your testimony in. A German you will introduce yourself who you represent and you might see a. Mr chairman you get that back up a little closer for you would all right Sir thank you Sir. I'm Paul Denham an attorney with the Friday oversee Clark law firm and I'm here today representing. Arkansas railroad association association consists of class one railroads in Arkansas watched union Pacific BNSF and the Kansas city southern I'm speaking against the bill. The bill seeks to amend existing law regulating how long trains good blocker crossing that's obvious. But numerous cases across the country have Hill consistently that this is a subject matter of national concern and therefore is to be considered to be addressed on a national basis state action in this area is preempted by the federal railroad safety act the Interstate Commerce Commission termination act as well as the US constitution's Commerce Clause. The effect of these federal statutes in. Supreme Court cases is to preempt state laws or regulations they would have the effect of unreasonably burdening or interfering with rail transportation. Clearly the bill's prohibitions against blocking crossings were specified length of time in this provision for significant penalties for violating that probation creates a burden railroad operations. S. has been recognized this ticket today in this committee that this is a national problem and regardless of the merits of the bill it's simply a subject matter that states cannot address therefore I urge you to vote against the bill. Any questions from committee. This spring you're recognized. Thank you Mr attorney dent Denham is that what you say your okay so do you disagree that there is a lot you don't disagree that there is already on the books and do you disagree discontinued within Arkansas. How do you agree with yes ma'am there is a real there is a law okay okay then also there is a commission that is part of this law that is designed to address these kind of complaints that we referred about here today do you agree to disagree with that. I only only that they want there's a commission to either hear complaints that's the question well you know and there's no commission it goes to the Department okay we'll work who will there is there is a there is a venue addressed to beg for you to consider these okay so all so tell me this are you aware for the night any this commission of this department a lever are you aware whether or not any of those persons have had meetings to address these type of complaints yes ma'am okay and so do you do you have like a running total I'm sorry Mr if you allow me okay thank you of she's on the run will nine I am. So are you aware of complaints that they've actually heard have you been a part of those complaints part of some of those complaints all right that the written complaints of been resolved they were resolved okay have you had any complaints that specifically address real role dog trains blocking tracks yes ma'am and what was the result with respect to that. The issue was determined to be beyond the control of railroads and most every instance and therefore no action was taken is that the that was the ruling of the commission then is that what you're saying reps being a person is little complaint being been locked. I guess some so did the commission say that did you advise them that this your that was the position that you had taken when there was no there was no formal here's like a court hearing but the issue that was raised by the complaint was addressed and resolved okay I'm trying to actually determine whether or not these complainants came before the commission and the commission actually heard the complaints are you saying you told them that they didn't have to address it because you were of the opinion that would related to some federal law no ma'am what I'm saying is that the complaint was lodged with the department the department contacted the real road the real road resolve the issue to the satisfaction of the department and that was the end of the matter all okay so I guess I'm not understanding so what was the resolve well it would depend on the circumstances well give me just an example just pull one out and tell me about well one example could be a trying where is the maintenance of way workers are working on the main line track here to try the training camp barrels through in Angeles workers so I stop it and it stopped indicate move until the right away it's clear that's one instance there other types of instances where it can happen you can have a sat in information line you have trains coming to each other what I behest moved over. In effect. Signing happens have a crossing in it that Saturday may be blocked from the time it takes for the other trying to pass. Final question questions about I'm I'm just trying to understand whether or not you're this commission has specifically addressed the complaint of a scan to see when of a representative any brand they complained about not being able to get across the tracks and the tracks been blocked by our so in the end them not being able to make it to their jobs on time as the commission ever address the situation of that nature yes. In twenty nineteen. Not that I know of so what year was it. Good gracious I'm sorry. I thank thank you you don't remember thank you. Our if any anymore questions committee I guess there's a lot of complexity and in railroading I I know that on both sides and it's that I'm not here to be biased either way I'm here to chair the committee so is there any other questions from committee members okay did you have anything you want that it would just couple comments Mr we good morning Mr chairman. Thank you. The Committee of been before you before my name's Michael Garrett I will be in a separate way headquartered FOR work done I'm I'm in Memphis Tennessee obviously I'm opposed to seventeen fifty house bill seventeen fifty two as the gentleman previously stated yeah of their there have been statements that block crossings occupied crossing should be addressed at a local or state level but not the means of legislation that's by working with the real road to address those issues specific to those local communities and to seek solutions I was what we do occupied crossings by trains to me or into our industry are always best address case by case with respect to each railroad considering operating procedures mechanical failures transpay the siding to me the as you stated that there's a merry Adam operating challenges we have every day and we work through those challenges very efficiently very effectively so and as I stated for this committee many many times of water things always like the status is safety is always paramount to our industry and our company. Well they got also like to point out is every railroad company has a blue sign every single crossing it's big bright blue sign with a one eight hundred number which calls directly to the railroads of record companies operation center which is staffed twenty four seven three sixty five Christmas Easter thanksgiving there every day the public first responders can always call this number if if there's a situation as Mister of Benham described yet they could be a mechanical failure that could be issue a maintenance issue down the way but they have to if if if a call is made to the operation centers across the needs of the unimpeded they can split the training. To make sure the emergency vehicles can get through all this call that number of the dispatcher will instruct that crew to move so one of the things up when I receive report every day with complaints and calls other go to that of location that are from that location go to operate. persistent consistent issues that we see in communities we reach out to those individuals we talked to our operations teams to to see what solutions can can occur can occur what most the times operation teams instruct the crews not to file the crossing not to impede the crossing of sometimes approved listen sometimes they don't sometimes they just don't follow instructions I would also say that personally every mayor northeast Arkansas I'd like to say our our rail line runs through the Arkansas delta northeast Arkansas we work with our local communities a community level issues of mayors in Jonesborough and Wilson Turrell in marked tree and Truman they all have my number while also there's a block crossing or not. It is one of the more they will call me I'm I will answer if I'm awake but I will do my best if I did not wake at one o'clock when we call a call when I wake up the so so we do work with those local communities and we make sure operations folks know whether a person. one of the solution I would recommend that I spoke to a representative about this earlier is you know it's it's up to the DOT the road artists it also partnered with the rover only solutions and what we recommend is a look at broader infrastructure solutions had discussions looking for permanent solutions like underpasses overpasses grade separations what we like to call in when the committee of appropriate on two thousand twenty one president Biden's infrastructure bill the the railroad industry work tirelessly with the Congress to commit federal lawmakers to appropriate three point five billion dollars to the real crossing elimination grant program to fund over passing grade separations there six hundred million dollars here they're they're absolutely right now they're looking at proposals and taking grant applications of there's a community other has an issue we work within the roll roll will will assist financially with some of those projects as well so those are better more broader long term infrastructure solutions that we would recommend it we talk to our local mayors and. And they're competitive bid up competitive a great. Get a good proposal in that is warranted so. That's all I have to share this one Mr chairman and I'll be happy to answer any questions thank you represent spring would you be a little more expeditious we've got rules what I'll I'll I'll probably have to force okay going. Thank you are you said your name was Mister Garrett Garrett yes all right thank you for your comments and based upon what you say and I've I've tried to listen to what you've indicated you basically acknowledged that there continuously is our problems with respect to that in your part of the state but in other parts of the state that there continue to be based upon your working with the other rail companies and you being a representative of the real companies I can only speak to my company I'm not at liberty to speak on behalf of another overcome I'll not we'll okay well then maybe I should do it wrecked my last question into most of them then thank you. We're. So much so my question then Mr Denham is you've you've heard the testimony from representive in NYC and then from the represent your call witnesses that were here today that there continues to be problems with respect to rail companies not complying with the law and after to all say that you all get together attempt to resolve these issues so if that's the case if you're getting together tempted to resolve these issues why are they still per Mille they're still available they're still here and the and the and the same is not the B. B. and address why is that the case that they continue to you have to you have heard that the they continue to come forth from this legislature after representatives to say that so why do you think that's still continues to be a problem if you say that you sit down and try to resolve these things in the memo School manner why they still present. Things change your resolve one problem in a new problem comes up new address that problem resolved. So but these are the same problem served there I mean basically it's the same thing is this problem of trains blocking the real ways causing delays with respect to getting back and forth to work a certain constituents in certain areas so that's really the main problem that for the time that was trying to be addressed in this bill and the complaint procedure I'm I'm trying to understand why is it that these so these are the sort of things that can address the complaints but yet and still you oppose a bill that tries to resolve a problem and then you say you want to try to resolve record bring resolution to it but when this is being proposed you opposed to it so I don't see how you're trying to resolve something would you not agree with that thank you no ma'am I don't. In the clover last year just quickly nine I have to get to the committee of Mister is that all right so you talked about the blue sign with the when I and number could you supply us to report how many people call that eight hundred number concerning railroads and state of Arkansas. Your own I can't do that today but I can get that to you that would be appreciated representative in it if I understand correctly you represent the port is that correctly and there's multiple multiple railroads and that's always going to be a continuing issue one thing that you might consider is a telephone campaign to call the one eight hundred so we know exactly how many people are getting frustrated. Baffled as determined by a only I can only provide your report I'm hoping to see this quickly I believe I can only provide a report from calls within I understand for your for your religion we can communicate that is correct other representatives of from other references I believe maybe watching right now listing so we'll hi there that would be very beneficial thank you thank you if you could provided to our staff they'll they'll distribute to the committee okay I have one question and I know you probably can and I know you know how many miles or whatever would you have the state of Arkansas but how many miles of track is there in the State of Arkansas do you have any any wild guess as to how many miles areas in anybody I mean just unless probably to do it I should I should know that I'm I'm embarrassed I don't I don't I can tell you what my company has in with these are so it's it's roughly a hundred and eighty miles I can't speak to the total trackage Mr chairman that information is available or public transportation but I would assume there's thousands miles tracking yes Sir is that right gas okay okay all right of any more questions for committee okay thank you Jennifer you testimony thank you Sir thank represented in it the. Anyone have any questions representative representative would you a yes I'd like to close and closing and I appreciate all the testimony that we had all the questions the gentleman said it he works for B. S. B. as in yes but the railroad goes through my district as you gain Pacific and I've called these people countless numbers of times don't get it of of response back in a good amount time calling back leave messages if it was just simple is calling a one eight hundred number then I don't think it would be such a problem and it sounds like they just kick in the ball across the garden trying to see who's going to pick it up and nobody's picking it up and is at the expense of my constituency and other constituencies here in Arkansas General or natural representative berry mentioned that is not a problem his area but I just quoted that it was a news article about a committee can and Greene County which is B.. Okay you Pacific about the problem so it's not just the Pulaski County thing it happens statewide and if it didn't happen your community it doesn't make it less of a problem I would ask for a good vote thank you. Just one question if if anyone of you Gemma can answer anyone it added how many railroad companies are there in the state of our different river union Pacific SP what B. N. S.. Pardon me. Okay all right thank you. Okay. All right thank you all right of seeing seeing no more questions from the committee representative in it. I like to ask for a motion to pass okay I have a motion do pass we have discussion from committee. A representative hope you're recognized. Thank you Mr I you know on this I understand that and look at what I've got I think I've got union Pacific runs or Brian I I completely understand but it the other day I think we've said this over and over this is a federal issue and because of that I'm I'm I have to vote no on this one and I it's not personal problems is just it is what it is it's votes. Review Springer thank you Mr chair I'm I'm going to be a yes vote I I disagree that is a federal issue it's pretty clear that the state of Arkansas has a law on the books that we should be implementing we should be holding people accountable for it there's a process in place this this bill before you is to try to address the process that's in place and wanted to come up with some of viable resolution as to the problems that are taking place in certain districts and this. In this state so I'm going to be a yes vote and I don't see enough people in here I would do a roll call to but I'm I'm just saying that I think that we should really consider reconsider oppositions here because it is a state law that we and I guess because the thing we go up you can choose which state laws we're going to try and implement I just think that that's wrong. You will come in for committee. All right. Of. See no more comment. Everyone in favor of the motion say aye. All opposed say no. So obvious to me the nose have representing thank you for your testimony our. Where would do you any good so. Right I understand okay jim thank you testimony all right next to the get back to my agenda of representatives your. You may of come to table introduce yourself. And you may proceed. Representative last season but Mr chairman can I have by Mr Chad because you want me sir commission thank introduce yourself who you represent. It's chair members of the committee chaired because the here in my capacity as executive director of the Arkansas aerospace and defense alliance. Represent the person I this will be pretty simple and pretty quick it's house bill seventeen twenty eight it just would conform state code to a to the federal definition regarding drones and unmanned aircraft commercial drones in Arkansas is relatively new and I as with a lot of things here Arkansas Code has not kept up with federal code so that's all this bill does I'll be happy to answer any questions any questions from committee. Okay so any representative how. Thank you Mr I am I'm sorry items catching up real quick so I I have a growing company and I'm very I'm very partial this so we're aligning ourselves with the federal regulations so we are not gonna be thing we do in Arkansas is not going to go with what the feds are doing is that is that what I'm understanding this yeah right so we're going along with what the FAA's wanting to do right or is this stuff is coming out of Washington out of Congress thank you the FAA rules you know I I I I know that we're already kind of doing that anyways just as drone pilots we have to go through the FAA to to get those those are one seven licenses so I just wanna make sure that there's not gonna be any different restrictions in Arkansas we're just going online solely with what the feds are going. That's exactly what the bill does okay I just want order I just want to clarify yeah okay any other questions you Committee. Residents Springer motion at the proper ten okay. I don't see anyone here there's any other questions. I don't see any more questions I don't see anyone to speak for against the bill you wanna close I'm close I appreciate a good vote there's bring would you kia lotion do pass in okay okay you you and I'll motion do pass I have a motion do pass in discussion on the motion all in favor say aye opposed say no hearing then congratulate your bill passes thank you representative Johnson. you're recognized run house bill twelve thirty seven you will introduce yourself to call a witness you have you may proceed I thank. Thank you Mr chairman committee members process taking the time to hear this issue for me today what this bill does is it increases liability insurance requirements for taxi cab companies a we amended this who was initially we were asking to go from fifty thousand to five hundred thousand they didn't seem to line up with some of the other it's it's hard to find a compared to the industry truly I mean there are tax cab services and there's not really companies that operate transportation the only like thing that we found was the escalators they have the go around town the business that owns the skaters this matches their liability insurance requirement we did amended as well to make sure it was clear that it doesn't include ever driver's doesn't include left it does include private cars for hire it doesn't include the route you know religious entities that want to have a church bus so this is very specific to the taxi cab company the issue we're trying to address is there was an issue in our community in the river valley area where there's a tax cap company was operating there was an accident there's some bad injuries involved in rather than rather than try to address that issue the cab company churches go file for bankruptcy and so the person that was injured really the only recourse they have is the fifty thousand dollar liability which really wasn't enough to cover some of these issues they were having in this apparently is having no more than one occasion where the company just closes up and then they can just open again under a different name and and it in the of this is intended to provide a little more protection. Some sort of tax account accident and I'd be happy to try to answer any questions on the bill review judge Judy is raising the threshold level of the insurance correct coverage is what you're doing yes in recognition grading committee will not include any questions from committee members. I don't see anyone here to speak for against the bill saying no questions or give me. The microglia I was just gonna make a motion property okay any any other discussion. Of. Resent purex and just wanna say I appreciate the amendments thank you appreciate you. Okay all right any more questions I don't have anyone signed up to speak for against bill represent McElroy you're recognized motion to pass I have a motion do pass in discussion Committee all in favor say aye opposed Like sign hearing and congratulations your bill passed thank you committee president okay representative Hodges. You you not. What's Grant Hodges gives me I'm sorry. I was looking wrong correct you look nothing like Grant Hodges I'm sorry. All right I'm. We'll. We are. We are I don't see any anyone in every month just a reminder be sure and get with the of vice chair representative Cllr everyone on the committee please remember that will be running Senate bills Tuesday be our last meeting try to encourage everyone to be here we stand adjourned.