Public Transportation- House

they jump to be sure and speak your microphone here speak for against the bill be sure to sign up of we're going to allow. Representative Hudson to go ahead present her amendment we need him of we need a motion first of all okay go ahead introduce yourself you begin I'm sorry thank you representative Ashley Hudson thank you Mr chairman thank you Committee this is an amendments to HB fourteen eighty six which is actions law this is a bill that you all heard a few weeks ago regarding enhanced penalties for accidents caused during a texting and driving over in the Senate and the amendment is that they updated the title so it's now action in Abby's Law senator hill had a constituent who is also affected by distracted driving and wanted to add the name Abby to the title we also added Senator Hill aye another Senate sponsor and then we went ahead and did a little bit a cleanup language just to make the penalties match up with what the language in the existing code says so the penalties remain the same we just cleaned up the language that consistent with the code. Any questions from committee. Anyone here to speak for you. I'm close for my bill and I appreciate all the time. Great what's will committee. I have a motion the concurrent Senate amendment H. B. fourteen eighty six in a discussion. Okay all in favor say aye. Any opposed say no hearing none congratulations yes thank you thank you Mr I don't see a representative back rower is tied up in a meeting I don't see representative makes of. President Womack. Does your self you present your bill Richard want to represent district ninety of thank you committee for hearing this bill today. This bill is brought to me by a group of local volunteer fireman. Who have worked a couple different wrecks involving school buses and due to the unique circumstances on both of those accidents involving positions of the vehicles in. Tree limbs in this and that they believe that the an additional flashing light on the front and back. Of school buses very near bumper height would have prevented one if not both of these incidents and so they asked me to bring for you guys and see if we could get that done so that's what this bill. Okay questions from committee. President will. Thank you Mr now we talked a lot about lights in this committee so is this can be a red light or blue light yellow light I looked I looked on the bill it said read the alternating light I just want to make sure that a red flashing lights okay cool just wanna just want to clarify that thank you. Any other questions for me. Representative going. And I see it's to the is the same two thousand dollars per bus yes Sir are we is there any additional state funding to go the schools to cover that know what I'm glad you brought that up because I'm very much question the accuracy of that based based on the fact that this bill says. That the state board is to be the one to determine the rules about the Latin replacement global block so I don't know how they could call and get a beer from a bus manufacture on. A lot system they don't even know what it looks like so I. There's no doubt it's going to cost money I was also told by a that It would an aftermarket lot. Would void the warranties. That didn't sound accurate to me either so I called a bus manufacturer dealer in North Little Rock and I ask them that question specifically and they said will truly is there's several things are added after market that don't board the warranty for example radios Seabees and those bars we've all seen on the front of us is that come out they said all that stuff done after market typically by maintenance man so if that can be done after market I think to flashing lights and another reason to question the the dollar amount is counted by to grab your phone and just go to Amazon yeah and Google I mean. If you buy an expensive lesson LED light boards thirty nine dollars so I'm sure somebody buying in bulk for the. You know seven thousand buses that's seven thousand buses total use in the state this would only apply to buses ball in the future so so what there's no doubt there is some. Impact but I think it's drastically lower than what the oven as provided I see the intent you're trying to do but when I and everything kind of give when I looked down and sing two thousand dollars I was like you know just kind of curious if it was a specific brand they were using or some well again the state boards on the to make the rules so that's that's kind of how I wonder where they arrived at that number when they didn't even know specifically what ever been. Thank you. Representantes. Thank you Mr. Does the bill specify exactly the we're the lights will be mounted that many inches is it gonna be at the bottom of the bustle of the so many inches from the ground up that bill go ahead and spell that out so there's uniformity if the bill passes war ever. Overlies install the same when each bus is that been taken care of in this legislation it on the Page two line six it says it happened term by the state board to be at the line of vision of a person operating a motor vehicle within passing distance of a school bus so the state board will make that rule okay I know that stream import I'm glad that it's in there thank you yes. Represent Kerr you're recognized represented woman who was it you said brought this idea to you some volunteer fireman in Clark County Arkansas. Follow up Mr. I'm I'm just trying to wrap my mind around it they're thinking one more light that's going to be around the bumper of the bus. Because you know those amber lights are on the top the red lights you there you also have your brake lights that are back there and you know those buses unless it's a trip there start and stop in and those lights or go in And I'm all in favor school administrator. I've logged many hours on the school bus and I've also been the administrator. so that they're thinking one one more light. Is is going to attract the attention of our hear exactly what you're saying of love and I like I said in my opening this was in related to two specific accident that unique circumstances in which the gentleman feel are a lot lower would have made a big difference and so they asked me to bring this to you guys. Thank you will represent hard I just had a question about so you talk this is a firefighters that brought this emergency what about schools have you talked to public schools and the no my administration there. President Whitaker. I thank you Mr representative of back to where the lights place of thank you and would be an advantage and areas where there are hills because a lot of times when you're come over over the rise bill you'll be looking you want your line of sight won't be the top of the bus will be the bottom of the bus right yes Sir I think that specifically is is what because both these accidents which is why the. The people that work the accidents. Thought that it needed to be lower I think that was specifically what happened in those cases thank you. Any other questions. You want to speak for against the bill. President Womack I think I'm closer bill thank you guys for a here in my case and I appreciate a good. Inventors recognized. Motion to pass a motion if passed we have discussion. You know discussion all skewed me. Senator Graham is important appreciate your bill all in the name of safety I'm just only reluctant to do this just for a unfunded mandate to school other than that if if we can get some funding for it I'd be all for it but when I when I see the big number like that and even though I do think that's extremely inflated number that's only concerning thank you thank you the more common. All right hearing none all in favor of the bill say aye. Hello posay NO. Rosana gas hampers me so graduation bill passes Senate committee. Okay we're gonna go back up the list H. B. fourteen ninety nine represent Pilkington you have a motion to concur. You may introduce yourself see thank you chairman I representative Aaron Pilkington District forty five we're just concurring in the Senate amendment and that says four of. Proper motion. Any any questions your committee. You represent Whitaker. Thank you Mr have been Pilkington thanks for bringing this back I'm looking at the language change the first language change what is that is that that's replacing the thing that at one time said if there funding was available they would do it. Yeah. I'm sorry can I get a copy of the amendment just so I'm. I forgot to pray with males and public health morning. It's it's particular department says the Arkansas Economic Development Commission shall and if I remember in your regional presentation you said and ask for some language that said if funding was available and it appears that language now is not there does that mean you have funding. So this was an amendment on the Senate and that was not my understanding my understanding was this part about being able to hire third parties to conduct the study so basically of ATC was able to do it and they wanted to get it done though there's funny be able they would be able to use a third party to conduct it you know I'm. I'm sorry I I've let me go back and check that I'm I'm not prepared to answer that question I thought we were just allowed the third party city it's not a deal breaker I was curious why I need to be to respect the process and everybody I think that's a very valid question I'm sorry committee for waste your time let me get it let me get clarity on that and bring it back to you on well I appreciate that thank you yeah no problem you don't pull it bring it back yeah we just pulled right back and that was not missing what the amendment did when I talk to recognize Senator void and so I just wanna get clarity on that because I don't want to pull the wool over anyone's eyes so sorry guys I start open pursuant. Okay of. Someone who run SB three forty with you gonna run that. And we have an amendment also so we're gonna pass that out to you. Given just a minute and the amendment out. Representative being introduce yourself you may begin. The representative written or district twenty nine the Amendment. Senate bill three forty one this is the F. and I bill is a DFA. Amendment this basically is all the bill any amendment or just updating the application process on the driver's license drug and alcohol clearinghouse on CDL license so. Your questions. Representar. Thank you Mr. You said this is just updating what what's the update basically I think there's a consent that when they apply for a CDL license it's automatic consent to that clearinghouse information for a nationwide drug another substance abuse any convictions in the background. So does my understanding complies with all federal regulations we just need. Okay I I guess I'm just not really understanding what my understanding was one we need to wow what we're what we're actually doing here I mean this is a big deal when you talked about commercial driver's license and you that all we're doing is updating on ma'am yes I just I'm not sure. Last date is I'm not clear on the right my understanding is this is somebody's gonna get a CDL license be driving a truck. It's not just in Arkansas background check this be a nation wide background check because we're going to drive an interstate. But basic my understanding if anybody's here from DFA yes they are got someone from governor's outings Eubanks well researchers yourself and and he will explain representantes school. Thank you Mr chairman president Committee Eliasson's met then the chief counsel for the Revenue Division of the FNA so the federal motor carrier carrier safety administration has established and new clearing house this is a requirement that we have to comply for federal law the name of the clearing house is the commercial driver's license drug and alcohol clearinghouse right now that the good folks behind me I have a commercial driver alcohol and drug testing database that they maintain so this clearinghouse will just replace that the and state driver's license agencies will be required to start using it in November of twenty twenty four so we're wanting to make sure to get this in place because instead of testing our own database we will have to use this federal clearinghouse moving forward toward it up so we're just updating to match what the federal regulations I did add additional pregnant federal regulations have been put in place and we're just we're in up with that to make sure that we're in compliance is that correct absolute yes Sir we will have to use their federal clearinghouse instead of our own database moving forward representative one U. dispatcher like this. I try thank you thank you. Any other questions. Thank you ma'am okay don't really. All right you want to speak for against the amendment. Hearing none. You're recognized. Close to remember. Did we already passed a memo no you gotta make a motion. Make a motion that we pass the amendment on SB three forty one any discussion. All in favor say aye. Jose NO hearing none we okay so now to the actual bill SB three forty one every you've already heard everything I will just add that the Senate passed it with thirty two yes and zero on those okay. Any query more questions to committee anyone here to speak for against the bill you none global I'm close for the bill. Okay I'm I'm close the bill Sir you will make a motion as I will make a motion to we have a do pass on as three forty one as amended as amended okay hi. Hey usually because lonely out here because of a committee. All in favor say aye. se NO unit regulations bill pay. McElroy do you want to run your bill yes. We also have an amendment on that. Thank you Mr value have amendment on the U. gives just second hand in amendment at the store. Of the slain in amendment that is hard to believe but I made a mistake the first answer back it out we're here to serve I'm I'm representative Martin area district number sixty two In it I had this CD L. Drivers which is a federal it be under federal supervision and we were worried about maybe affecting federal funds so I want to take the CDL drivers out of the amendment and I appreciate a good a good vote and I would ask that you my amendment. Okay. Any questions committed. Anyone in speak for against a member. Okay we have a motion do pass all in favor say aye. Suppose NO. Okay you may begin. Thank you Mr chair a committee members the. Bill fifteen forty eight on tell you what it is about it does one thing and one thing only. It takes a thirty days that the. After you take your written test there's arbitrary thirty days you've got to wait before you can take the driving skill part of the test. And that's all it does anything that you can do to before you can do afterwards you just don't have to wait thirty days the reason in behind this hi you know I didn't just come up with this we have farmers in our districts in all over the state not only farmers were people in the service industry they're in desperate need of labor make they can get help. In a lot of them use the age to a labor system where they use labor from south Africans all over South America in. They have a driver's license when they come to this country but we don't. Recognized their driver's license or not reciprocal so they have to take a ground is most of them have been driving you know all their life like we have but when they come here they have to take a test in their fight with the test but this is this H. two A. program is really expensive you have to get to you know you have to do thank government fees and and you have to get in there you have to pay for their transportation and when they get here they need them to go to work especially on a farm are you in the service industry they need him to drive when they're here and when they get here if they have to take them to take a test and somebody has a drive on taken that they are to take the test and then they have to wait thirty days and come back intakes. The driving skills part of it will. If they get if they can drive why Michael wait thirty days to take the test they can flock on the same day the same day if they can do it you know far among thirty days later but the farmers really need them to be doing that and what I'm afraid and then. You know when you have somebody working on the farm and they have a break down down in a fill in they need one vote there is only a mile of the highway what if one of them has to drive without a license you're putting that farmer or business owner under law liability. You know if they did that with that so that's all it does not be glad to take any questions you got. Questions from committee. So you want here speak for against the bill. Were closed. I'm not too proud to beg appreciate a good vote. And I make a motion to pay. As amended well motion do pass as amended in discussion all in favor say aye. The opposed say no hearing under graduation thank you committee I appreciate it very much. Thank you Mr chair representative Mike Holcomb district ten representative Baker was post president is bill and he could not be here today this is D. F. and a bill and I'm actually going to let the attorney for the oven explain to you what's going on and so we can move the bill through committee if that's permission much smarter move than I had certain. Please identify yourself thank you Mr chair members of the committee Eliasson's met then the chief counsel for the Revenue Division of the FNA so this is DFA housekeeping legislation there are five special revenues that are deposited into the commercial driver's license find this bill only affects two of those revenues the first is fees for commercial motor vehicles they're just two dollars three dollars fees but the second is the bigger one is rush title fees essentially one that was placed into law a couple years ago it was a ten dollar rest title fee it has proved to be enormously popular not just with people in Arkansas but all around the country and in Canada so when those individuals come to apply for those right title the for those rest titles it's a ten dollar fee and the way the statue reads that ten dollars can only be used for system enhancements to the actual system it can't be used for anything D. F. and I. needs to actually implement and process and administer these rest titles so say you needed paper or personnel or printer to actually process these rest titles you can't use that ten dollar fee for that purpose so that's all this this change does is actually amend the law to actually allow them to use the ten dollars to administer those rush titles. Happy to answer any questions any questions from the committee. It's not the current line eighteen which is in its you're looking at it on it it's already has the Senate been engrossed and all this that you see here in the amendment is already in the bill so it that's not taken out we're activating the it was but I appreciate I represent Whitaker bringing that up and and just confirming everything so workforce we're still get that funding becomes available we can do it but we're not we're not putting an unfunded mandate on ATC to do this study so I appreciate that create the the flexibility of the committee may begin long session so I I never get all tired any other questions for committee member. Roger wicker a motion improper time okay anyone any other questions from committee. Anyone here to speak for against the bill or the all right. You closed okay what thank you Mr chairman we concurrence amendment. We have a motion current Senate amendment any any discussion. Seeing none all in favor say aye opposed say no hearing none congratulates passes. Of. Representative Andrews you're going to even wait till Thursday or the next meeting rather okay of. Representative pairs. H. B. sixteen thirty two it looks like you're gonna be here while. Our One two three four five six bill so. I ask you a introduce yourself any witnesses you need you to bring up and you may proceed yes Sir shed peers in first of all thank you Mr chair thank you committee I know their stakes a year and I will do our best to get them as quick as we can you have my word shed piers District forty and what I have today is next I would like to introduce my witnesses are they can except for the record if you would please Sir Lieutenant Maktoum highway patrol divisions Arkansas state police and captain Brad lan Arkansas state police have a troll ministration. In in the first on Medicare I've got online to sixteen H. the sixteen thirty days. Correct okay in this is to amend the law concerning implied consent the test to determine a person's. Blood alcohol concentration for a person whose driving a commercial vehicle from what I understand committee this is already in effect with motor vehicles but commercial vehicles it's not and there's been a Supreme Court ruling to get this this is to get us in compliance with the state spree I mean the Supreme Court ruling and I will let witnesses explain further they were. You will need to add anything to that yes Sir Supreme Court decision Burch building North Dakota said that a state could not require someone to submit to a blood test just because I was driving a motor vehicle and implied consents covers breath saliva and urine read the spring court said that does not cover blood in our law still has that it does cover one we're just trying to correct that. Okay okay. Okay. Any any questions from committee. Seeing none. Anyone here to speak for against the bill. Okay. All right of. Your clothes Mr. We're I who was most. Hope you're recognized. Well I have a motion do pass in discussion all in favor say aye. You Jose NO nine graduates your bill passed. I believe we have sixteen thirty three HB sixteen thirty three I need to identify myself again no you're good okay I to. Let. All right to me in the law concerning the amount of property damage to a vehicle involved in an accident requires an accident report by law enforcement officer and I'll turn over you to explain. Yes Sir right now the law says that if you damage of the vehicle to the extent of one thousand dollars you must contact law enforcement I must come out and do an accident report goes on your driving record maker insurance rates go up what we like to do is raise that amount to three thousand dollars just to keep up with inflation so as single headline on you know even my thoughts start or sit outside saying we have lots of thousand dollars we're trying to raise up to three thousand dollars. Any questions Committee. Good bill. I know what parts because you wanted to speak for against our representantes. But thank you Mr. If it's not classified as a motor vehicle accident. if we raise that amount of three thousand then You still have property damage so what type of report would just a police do at that point if we're not going to do a traffic accident report. What would you do we if you still have an incident report you still have those in the sample we could absolutely always come to an incident report if the person is admin they wanted an accident report this law doesn't. Preclude an accident report from being done it just doesn't require it until that three thousand dollar amount and so generally yes an incident report to be done for that person okay I and and follow Mr I'm just saying and I know it's difficult. Of or does I expansion you have to put on the report you know estimated damage of course Jana was a body man I mean I just do the best I could do to guess at what the damage was so I'm assuming that same principle will be applied here if you look in in the officer's mind or somebody that think it's reached about three thousand dollars and you fall back on some of the top report but I make sure I'm clear are you telling me that. If the motors to insist on an accident report you would still do that or did I misunderstand yeah that's correct survey insist on it we will still do one for. Of okay where's we need is doing it so I'm just gonna I'm not right but one you just to an incident report I mean instant report what we use in the event when there was we would prefer to do I gently trying to help people and so if they for some reason and I can't think over that I don't know they're just insistent that they've been told they have to have an accident report will take me thirty minutes of this August okay House form all right yeah we can discuss that later. I understand thank you. Any other questions made. Hearing none you want to speak for against the bill. Representative bill closed out of it the Bill I appreciate a good vote was will committee representative call recognized. I have a motion do pass in discussion. All in favor say aye. He opposed no the nine graduates your bill passes removal not H. B. sixteen thirty four president peers you're recognized. Sixteen thirty four IST amend the law to create additional speeding violation classification from what I understand there's already one fifteen over into but the twenty five over is where were twenty two up to class is that correct yes or if you explain as to why police were trying to target those excessive speeders here going over twenty five miles an hour over the speed limit right now and that person gets the same speeding ticket as somebody that system and at sixteen hours speaking on that we want to organise on on on our speeds out here on the interstate and creates as increased penalty for them. Represent all. Thank you Mr chairman So Class B. misdemeanor what is that was the penalty for that right now. it's online with the this would be the the same as a reckless driving ticket so twenty six miles an hour over the speed limit I will be in line with reckless driving but I don't have the penalties yeah I mean I'm just trying thing is there is there jail time and it I guess it's more what is it more of a fine or is it more is there jail time involved I know I maybe put you on the spot I just when we're when we're wanting to create a I dealt with this and Judiciary quite a bit whenever we're creating a new class what is that penalty gonna be because if we're gonna be throwing people in jail for up for a day or two for going twenty five over I don't know if that's necessary not so there is a potential with a misdemeanor for there to be jail time however in traffic court I've never seen anybody thrown in jail for a Class B. misdemeanor reckless driving which is what this would be and every time that I've ever seen a traffic or it always falls back on the time I've never seen anyone thrown in jail for a Class B. traffic related offenses. Kerry. represent Springer hang on just a second representantes is got some input I'm going to answer RepresentativeHouse questions he asked the question what penalty was for class A. misdemeanors I correct penalty is that correct Sir the penalty for that is. Class B. or Class B. I thought surely Class a felony I'm in a class I misdemeanor. Okay okay hello eleven but they wanted legislative. Of this printer. Good morning thank you Mr I have the same concerns thank you representative Paul the Class B. misdemeanor what is the penalty I think that's very important for us to know that. Is that somewhere you can get that before we leave here today. Thank you. Would you like it now only looking at you have a phone we look it up and say no we don't. And I'm sorry the eligible. Up to ninety days in jail and a maximum fine of one thousand dollars. Again I've never seen anybody get a single day in jail I think troopers already or police officers already when I have someone going this fast out already a lot of times will charged with reckless driving which is a Class B. misdemeanor this would just specified and that speed is it's on penalty we don't have that right now. You have follow up return going yes Sir I guess I'm I'm still having concerns because it says up to ninety days in jail so to me if the his office are able to go look at the record of the individual to see if there's been previous of of violations where they can take that under consideration on the spot before they write the ticket or is that something is done in the court wants to take in the court who will actually of the institute the in in this to to the final of the jail time or whatever is that done by you can you check the person the jail of that done before what do they have to go to court and have a forty year. So on the side of the road we can we can see their driving record we can take that in consideration while on the stop I once the citation goes to court in office it's up to the court and to impose upon. The representative Springer. I don't see one you and being taken to jail for speed to get there to full. Hello basically we've got our children as well in this list or some kind of issue with them I don't I haven't seen the history of that so represent hall. They Mr all represented here so I just because the here I recently I've been dealing with misdemeanors and stuff in judiciary you don't personally I. I would like to see you know this to be amended somewhere to be able to work you know we're wanting just to make a harsh penalty for somebody doing twenty five over reckless driving someone that right now the way the code says Class B. misdemeanor ninety to up to ninety days in a thousand dollar fine frankly I think you could almost make a special special fine for that of up to twenty five hundred dollars something like that so that they know look if you want if you want a reckless driving but I think I'd be more comfortable and and I don't know what your thoughts would be on this but to to basically have bill are amended somehow to say just be classroom Class B. misdemeanor with a twenty five dollar fine or something along those lines just so that the confusion is not there for anybody looking the school crap I get ninety days in jail up to ninety days in jail on something like this your thoughts and my thoughts are in a class a class B. misdemeanor is simply a Class B. misdemeanor you know so you can't really call yeah but code is I mean we didn't this year just a couple weeks ago where I was able to change the fine on you can you can add A. as subsection there to change the fine on a misdemeanor to to make it stiffer so I that that's just my thought on this I want to get your thoughts just because you know I mean at this today if you get a prosecutor is having a bad day and he wants to throw somebody in jail for up to ninety days you know you know meaning go after that the way the sets but they can go after anybody on anything it to having a bad day by correctly saying this you you're exactly correct but I'm just saying do we want somebody going after somebody going twenty five miles an hour over the speed limit to to possibly go to jail I understand no Sir I in you guys as well in your experience that is never sent happen. But it's not to say that could happen that's all I'm saying so you're you're right you I I would agree anything can happen anything is possible yeah at any time and administrator to a representative spring I'm sorry to answer your questions and and if your question is we in the field we just we just call it like we see it and that's the citation is actually a summons and then it goes before the prosecutor as you probably will now and then the judge so we just do what we feel is best in the field in and it's in their hands not is that the question he was asking. Thanks very good I've got a lot of thank you let me get back to you represent you're recognized. What and if you answered. It is the penalty for reckless driving because we kind of got into this with the. Correctly it's a Class B. misdemeanor service place it on par with reckless driving so they they have the authority to add the reckless driving already if they're going so far like we do with our statutes doesn't place a certain speed limit on reckless driving there's nothing that says once you hit twenty six miles an hour you're now reckless driving and so judges across the state interpreted differently as some of them have kind of an idea of where they want reckless driving to start some don't and this would just place of all you know that makes it universal twenty six miles an hour over. Okay thank you. In my role. Thank you Mr. Right now what is a fine for twenty five over. At a Class C. misdemeanor dollar wise H. course that's around dollar amounts so it's different every every court around the state ballpark figure. I'll try I noticed that is five hundred okay in an actual court cost is is one twenty on that the. Before you ever get citation we are one hundred twenty usually in my correct I mean I know I know there's around yeah thank you very much. This time. Thank you Mr chair of have been pulled over a few times and in those few times when I was pulled over I was probably exceeding twenty five miles an hour but y'all do have lateral to kinda have a halfway decent driving record we go back there like you know missed I'm I think you were going about twenty four over. That is a common practice is it not yes Sir okay thank you. Representantes. Thank you Mr I thank god let me try to summarize this is what I'm understanding here today currently speeding by a speeding is is what we consider a traffic violation and it falls into that category and what you're wanting to be able to do it that's meeting siege twenty five miles per hour instead of it being a traffic violation it elevates to the a a a Class B. misdemeanor and even though the penalty for that I believe was what ninety days or whatever it was a while ago. I think what would have to factor into that and and you know that's not etched in stone that's just a maximum time that in the judge could Gil and I you correct me if I'm wrong but I think the circumstances surrounding that excessive speed for that would be raining whether the the conditions of the road I mean if someone is driving the and there's not a lot of traffic in each of those not inclement weather then probably they're just going to be looking at the minimum fine or whatever but at least this will give the officer the opportunity to the class five are derided as a Class B. misdemeanor India me at other circumstances are surrounding that excessive speed is a kind of what I'm hearing today that's what I understand it's it's it gives you another tool to use it doesn't necessarily mean that you will use that but it does give you that the availability in the event those of circumstances arise is that it might even close as to what we're trying to do here you are Sir all this correct one thing One to fifteen miles an hour speeding is just a violation but already anything sixteen miles an hour and a half is already criminal speeding so you could go to jail for doing sixteen miles an hour over the speed and you have been for for years and years and years but again I've never seen anybody thrown in jail for doing sixty miles an hour over the speed limit so criminal speeding is already anything sixteen and up we're just wanting to make another classifications for those egregious feeders over twenty five miles an hour I understand thank you. Springer. Thank you Mr today I'm agreeing with representative talk with respect to the concerns about the Class B. misdemeanor so I would agree that there needs to be some more definitive language with respect to this because it's kind of confusing to me. Would you agree. I'll speak on that yes representative. We we can do that it's a great win for the all into amended to get it to where everybody is is is good if if if if that's the will of the committee you know. But So with that I'll turn it over to the gentleman because this the packages I'm running the damn but same time I want to do what's right I want to get it right I don't care to take longer to get to get it right you need to make sure we're all good on that less less less less going go through the committee process you don't get there we'll see what goes there okay okay any other questions from committee. Hi I have I have one so several years ago my husband I was going to Oklahoma and we came we did not realize that we had past a certain as the limit so the speed dropped Mike seventy eight thirty five or forty why he got right there so if that was the case here in Arkansas on this is in fact. Well that high differently toward your insurance after that you would receive this ticket and under the S. would that make your insurance would affect that even more. Then a regular speeding ticket or. I would believe so I would think that would be hard pressed ACT AS and with that and that would just be for the first of like if that was. I mean talk about the punishment that would be for the seat you're repetitive then yes that would be a good punishment but if it's your first time it was a mistake then you would have this charge against you and then your insurance would also be hit pretty hard to write. Yeah I believe it would be more than if you just asking yeah yes ma'am represent houses I can answer that for you any time you go to get insurance they run they run a check on use our class and if you have a ticket you are you do pay extra for a certain amount of time in in in I don't remember what the link is for goes off but for any ticket by violation yeah thanks okay I think last year exemplary you're recognized okay a. I just wanna make sure my simple math is a correct because of if I'm understanding you're really looking at something becomes unsafe so I model downtown is twenty five miles an hour. So somebody's going to be speaking through their over fifty miles an hour. I'm a little state two line road is probably going the Spiti five or sixty so they're probably gonna be doing eighty five plus on a two lane road. And then going home on interstate thirty one is seventy five they're gonna be bucking over a hundred miles an hour for this it did I have my little simple math all correct their beliefs that are trying to all right thank you. Have any other questions from committee members represent direct but would it be. What we we can have this in the past. In an early in committee so you you're not able to utilize the reckless driving to get what you want done because you thank you can be. Right now judges interpret that is different is that is that kind of why I mean I'm just trying to figure out why you don't just tack on reckless driving where it does kinda hit hit these you know higher ratios of a penalty but are you saying that you're worried that the court sometimes don't. See that they don't call that reckless driving that that's. That's correct sometimes they don't reckless driving says I want wanted this respect for the safety of all in this regard guard for the safety of others and so that others plays a part sometimes when you get someone speeding and there weren't any vehicles around them at that point when we catch them speeding sometime judges will say that when there weren't any other. but we don't want to fall on and and wait till we get around vehicles so this would just be what the black and white what the law says twenty six miles an hour. Okay any other questions from committee. He wanted to speak for against the bill obscenity like clothes yes I would like to close and I would like to say that I think this is a a good low right now that the way to do this because there's there's so many. You got the officer you got that prosecutor you got to judge you got the defense turned and and I would like to see these men and women have something that would identify what is happening being the twenty five over rather than is that a careless driving I mean that's that's kind of a number of we've got a bunch of on balance and and and our line of work or in their line of work and so with that said I close and I hope for a good vote. All right was will of committee. Santosh you're recognized. We have a. Motion to pass representative tossing discussion. Hearing none excuse me represent all. I'll just say this I only got I think the bills I like what you're doing with the bill is not that I don't like the bill just being that in my preview in the session currently dealing with misdemeanors and felonies as I stated just a moment ago lot the fact that it you know going to a Class B. there's potential for jail time in there that that's what bothers me on this deal I understand everybody in here said never seen it happen but just because you have said to me can happen and you know just looking through code right now as we were talking with this bill you could even say it could be a Class C. misdemeanor to wear and you could change the the fine to words twenty five hundred dollars or more they just did it so and it just passed on the house floor that's what that's all I was saying I'm I'm I'm gonna be I will be a president vote on this just because I like the bill I like where we're at but I just wish we could work on the the actual final bit more moving forward. Any other comments you committee members. Okay we have a motion do pass from representative talk anymore discussion. All in favor of the bill say aye opposed say no. More say aye aye. The two hands. I see two hands call the roll. Representative Matthew Shepherd. Representative Matthew Shepherd. Representative David Whitaker our representative Whitaker votes I. Representative Dwight Tosh. Representative Dwight Tosh that's mine. Representan Austin McCollum. Representive Austin McCollum. Representative Harlan Breaux. Represent broke that's I. Representative Denise Jones Ennett. Hi representative and it that's I. Representative Springer. The representative Springer votes no. Representative image McElroy. Representative McElroy that's no. Representative Barry. Representative Mary. Representative Brandon anchor. Representative Brandon anchor. Representative Haak. Representative Haak. Representative Matt brown. Represent Matt brown's president represented joint car. Representative Joe requirements I. Representative Chad per year. Represent chat for your votes no. Representar Shepherd. Representar Shepherd. Representative Dan Hodges. Representante de and a high distance now. Representative spinal yes representative sample votes yes representative weight Andrews. Representative weight Andrews. Representative Rick McClure. Thirty eight thanks in the next Page ten votes to get out going to got a so. And. The Bill failed. Okay we'll move on to the next bill them. Of the that's HB sixteen thirty five yes Sir. And I respect all your decision I did and I know you've got your reasoning and I respect that so I'll Billboard amend the law concerning restrictions on a driver when overtaking passing a vehicle on the left. And I will let. I understand this but when I explained that someone of the day they they got a lot better when they Atriplex line item so I'm all in me even start on this. And it is something that very well need after I'm. Yes Sir this move that microphone close would you please. and this one's better explained by giving you a scenario and so if you'll imagine two vehicles one driving in front of the other on a two lane highway and they're in a passing zone so it's legal to pass the front vehicle makes a left turn into a driveway while the back vehicle goes to pass them and there's a collision who is at fault. And the problem is that we don't have an answer for that and we've worked fatality crashes in this scenario and I'll also give a clear distinction on who is at fault in this scenario and so what what what we're wanting to do is to say that if the front vehicle has turned on their turn signal in compliance with the law and they have the right of way to make a left turn. Resist bringing recognized for a question. Thank you Mr thank you for your explanation of that I'm old insurance adjuster and so that is that is the way we utilized that still of once you turn your signal to indicate that you're going to make a turn left turn did you have the right away and that person that passes of is the cause of the accident if there's a conviction would you agree I agree thank you. Representar. Thank you Mr chair and I agree following the most difficult accidents to work of I just got one question and current law and you correct and correct me if I'm wrong obviously the driver make in the left arm as to signal but also the vehicle passion and list laws change they had to give an audible signal is that correct so are you saying now under the current law the one the it's passes today even if the vehicle is passing gives an audible signal and even if the other one is given the proper turn signal the responsibility of the bicycle who's involved in the accident will rely on the one passion even if they gave the audible signal is that in my understanding what you're doing correct yes Sir and I think the thought is that that turn signal should have came back should have came on a hundred foot ago and so that should have came on before the person even started to pass. Any other questions from committee. Anyone here to speak for against the bill. Saying no would you like to close this have closed wish for a little better little better vote this time. Okay with will committee represent card recognized your motion to pass I have a motion do pass any discussion from representative prior you're recognized. I would just like a. To make the statement or comment that in the question that was previously asked the person that has the right to resume this turn on the signal based upon the investigation of the officer that information should be secured as to what time period the land they believe that they turned on their signal the distance between the turning on the signal and actually make a left turn and then the collision of current so that's our offices investigation I would think wouldn't you agree thank you. Representar. Due to address what represent just said I think right now under current law you know tried to allude to that wall to go we've got to conflicting laws in regards to turning in passing and I think what this does is it separate standing clears it up against clarification because it is one of the most difficult type of action is to make a determination on is to actually was involved in the accident search we got to laws governing what one should do while turning what one should do while passing so I think this is establishes a exactly clears it up for you clarification to a most difficult situation and so lead this bill was brought today and I'll be voting yes. Any other committee members. I like the bill let me ask you you want me officers have you ever worked an accident was someone's make a left turn it. They didn't say they had a background. They always say they have no way to or not is that correct yes Sir okay I see I move that because that's happened to me several times working accidents so any other discussion committee all right uh we have a we have a motion from representative cars do pass all in favor of the bill say aye opposed say no. Hearing none congratulations your bill passes thank you all right. I think we have a. H. B. sixteen thirty eight correct that. Sixteen. Where you've got it right share. Thank you thirty eight to amend the law concerning the use of a center left turn line. And what from what I understand this we have all in in our communities if you have stopped what there's a time line people getting over there beforehand rough weather than when it's when it when when it's safe to do so as as mark and I'll let you elaborate on that. Yes Sir right now there's no clear and restrictions on how far you can drive an attorney and we look at other states other states some of them will put a definitive the comments like Oklahoma Texas a two hundred feet other states or say you can't drive in the turn lane longer than this state for is we're trying to stay longer than is prudent and we're trying to place some restriction on how far you can drive in the turn lane just make a safer. Regis bringer. Thank you Mr so what is reasonable and prudent thing in that's going to be hard for a person to understand what that is unless you stated specifically would you agree. I think that this would fall in line like the following to close statute there's no definitive distance on following too close so that it's been up to the police officer of the prosecutor and the judge to determine their area what they feel is prudent this will get indiscretion today that follow up for is that part of your investigation then seems like to me when you investigate an accident that those of some of the things you would find out during your investigation and should be able to determine that is that something that you would do. Hi how will has a determined all that they violated that I'm that's what I'm trying to understand. Which which taxes are you are you thinking about what in the left hand turn lane you say they can't get into the lane and to look they determine that is prudent and reasonable I'm trying to determine what is prudent and reasonable. Is is is not definitive to me I thank every intersection and turn lanes is little bit different depending on where you're at and and the to to the traffic volume verses in all of our rural areas so I I think it's kind of hard put a definitive feet or something like that because every every turn lane every intersection public different. Vote last question so so I think your testimony was that there were some states to determine the distance in there so why is that do that your bill can say the same thing then they determine that a reasonable distance so why can't you. Again I think it just depends on on your location of of where it's at and the and maybe the the businesses around in that area and get in that lane too quick or too late. Represent hard is so out in Springdale is getting on interstate we have several intersections that give way backed up and I'm talking on a long ways and so when it comes prudent and reasonable if someone got over. You know it's a little bit too soon when there's like a huge line of cars waiting to get on the interstate but yet you could still go get the turning lane would that be seven the Springdale police department would do personally is figure out where that money is I think that they would work with the prosecutors and the judges definitely and and decide what to say from for in that area to that intersection. Resent how. So this is the normal traffic ticket I mean what we're we like. Eight hundred dollars if you travel too far in the in the traffic one or in the turn lane it would be just the violation just or just a violation okay yeah follow up on Look I I will be the first day I've done this for a couple times actually for more than once. How do we get this out to the people I mean like if we're just changing laws that to where people or you know there's a lot of our cans in the that have done this that were doing it currently as we're talking right now I would hate that we passes this bill and then all the sudden we we started forcing and everybody's goal wall something I've been doing for a long time now and get a hundred dollar ticket for you know how we how we get this out to the people of this were to were to pass. So first I just like to say aye I think that this safe and prudent so when you're saying this doing it it should look on safer to fill one state so you should already I think know that it shouldn't be done but with other laws that we've done in the past as far as the state police we sent a directive from the top down that Hey this is a new low I will see warnings on this for awhile and so people deliver gets out. Any other questions we. I'll close out I wish for a good vote. Allen is there anyone who speak for against the bill. DEC. Okay you close to of course the will of the committee. I have a motion from. Representative right do pass. You talk to me sh any discussion. All in favor say aye I'm any opposed say no. Call the roll. Representative Matthew Shepherd. Representative Matthew Shepherd. Representative David Whitaker. Representative Whitaker votes now. Representative Dwight Tosh. The representative Tosh votes yes. Representive Austin McCollum. President of Austin McCollum. Representative Harlan Breaux good represent Harlan Breaux votes yes. Representative in the Senate. Representative Denise Ennett. Representative joy Springer. Representative Springer votes now. Representative Mark McElroy. Representative McElroy votes now. Representative mark bearing. Representative mark bearing. Representative Brandon acre. Representative Brandon acre. Representative R. J. Haak yeah representative hot votes yes. Representative Matt brown. Representative brown votes yes representative Joey car. Representative carpets yes. Representative Chad per year. President represent players present. Representar Shepherd. Representative Tara Shepherd. Representative Deanna Hodges. Represent Hodges votes now. Representative traces time all yes representative sample that's yes representative weight Andrews. Representative wait enters. Representative Rick McClure. Servos the Bill failed. Your. Two strikes already so long ago this third. If you know your. All right H. B. sixteen seventy one you don't yes Sir is amended law concerning the penalties imposed on a used motor vehicle dealer for a violation of required licensing laws. German would you introduce yourself when you're thirty. Carlotta may not know the amendment yeah. Mike Moore your service major Arkansas state police the regulatory division. A look at it does to mortgage regulatory division. The representative. I'm sorry go ahead okay it's just the law to a man and concerning the penalties imposed on a used motor vehicle dealer for a violation of required lasting laws and I will. But the major explain major going. Mister chair and committee members House Bill sixteen seventy one gives the Arkansas state police the authority to issue a civil penalty to use motor vehicle dealers for violating the laws concerning the selling of used motor vehicles. This allows an efficient way to gain compliance of law without filing criminal charges. I currently we do have this option to issue civil penalties in another section of state please call the PI security division. Normally on a first offense we will issue a warning unless it's an egregious violation and then resort to civil penalties for repeat offenders this is proving to be a very good deterrent to prevent repeat offenders this will also be a tremendous benefit to the protection of the consumers buying a used motor vehicles. Major term term is actually what's going on to explain to those happening some of the of say the number one complaint is where somebody buys a used motor vehicle in the dealer fails to deliver the title to them we've had in towards a year out and they still do not have the titles and so okay yeah and so that that creates issues for the consumer because and they get stopped by police they don't have documents to get citations and so it's holding the dealers accountable to follow the law okay thank you. Or a representative car you're recognized pass when appropriate thank you Mr a motion to pass when appropriate okay any any questions ready. Anyone here to speak for against the bill. Are any any discussion anymore discussion on the bill. Okay you you close yes Sir which is a good vote president Carter you're recognized share most of the most depressing discussion all in favor say aye. The post say No hearing none graduates your bill passes. Thank you. All right is there any other business come before this committee today thank you jim if you testimony. Thank you know we stand adjourned.