Transportation, Technology & Legislative Affairs - Senate

Represent Dalby you are recognized to. Present your bill. Thank you Mr chair thank you members of committee this is a bill that you've already heard and then it was presented on the Senate floor and from the feedback the senators gave Senator Hickey then made some amendments to the bill which kind of tightened up I think a little bit of. Just a note with the the changes he made on the bill after listening to all the all one day of a person must be qualified to operate a motor vehicle under the laws of this state in order to be able to apply for a restricted driving permit which makes sense he didn't if you're not qualified or can't will you shouldn't have one and then in Page two line seventeen it says the restricted license is valid for one year from the date that it was issued and may be renewed annually upon the submission of an application by a probation or parole officer as required and you recall these are all license that are that are permitted what someone gets out of prison and their parole and probation officer then makes that recommendation so they can go to work and we want to do that and then we change the very last section you will recall that of the original bill had in there that the department may revoke a restricted driving permit for any at any time and for any reason we have tightened that up to say at the request of promotion probation or parole officer employed by the division of community corrections so those are the changes I'd be happy to answer any questions we already adopted that amendment has it been engrossed it I think so I ask Senator Hickey and he said yes Sir it would be backed your okay I know that Senator probably heard some of this on the floor we probably don't need to go over that again is or anyone in the audience like to speak for against the bill. Members motion motion do pass by Senator Hill seconded by Senator English any discussion on favor say aye opposed. Regulations thanks to good bill road runner thank you thank you Committee thank you. Okay we're gonna pass over House Bill thirteen twenty four Let's let's go to House Bill fourteen eighty six Senator Irvin. And we do have an amendment on this bill just if you pass out. Good morning good morning Senator Irvin you are recognized to explain the amendment first thank you Mr chair thank you members of the committee the amendment was requested by the prosecuting attorneys and we were happy to amend the bill and what it does is it just eliminates language on page two and on page three where it says punishable by with the additional fines we have taken that out and it just is leave that to conviction is guilty of a Class C. misdemeanor. Okay that's what the amendment any questions for Senator Irvin about the amendment. Is there a motion to adopt the amendment. Blessed motion by Senator board second by Senator Chesterfield the discussion on favor say aye opposed amendment is adopted. Senator you are recognized to present house bill fourteen eighty six as amended thank you and members you know as as we have progressed with our laws that also within our society if you'll recall you've gone from a DWI driving while intoxicated to a D. you I'd driving under the influence I'm clearly that is to reflect I think the change in our society however when I thought about influence and I've thought about these. These are at a very influential your phones and unfortunately there has done so much increase and rise in after accidents as a result of people that are distracted because they're texting on their phones and because they are and interacting with their phones that's why a lot of your cars have gone to hamlet at Hamlin's the devices Bluetooth obviously there are ways to eliminate a person whose driving from being able to also utilize our phone with Bluetooth but that but not touch it and not to have it where it's as distraction for you and in driving and so this bill was generated by a family that lives in my district Ashton ray woods is a young lady who was killed because somebody was on their phone and driving and crossed the center line and killed her in a head on collision. she lost her life to the and there are there's data points that I could site to where these accidents are on the rise and there six times more likely than those under the influence of alcohol it's it's really the same effect if you black out or if you're not looking at the road and you're trying to concentrate on something on your phone it's really the same effect as if you were blacked out from alcohol or impaired from alcohol or drugs and so the the law you have before you today is is is generated because of this horrible accident M. and members of the committee I can go through the details of the bill representative Hudson representive Miller works with I think those folks in law enforcement and within the industry to bring to you and enhancement bill to where this can be added as an enhancement if serious physical injury occurs or death and I would like to the family cannot be here today but wanted me to share with you Share with you just a little bit about who their daughter was. And Aston rate would she was if I if I can read this I think I took promised the family that I lease agreements and okay she was a graduate of harvest Bible college in Glasgow Scotland with a degree in missions and theology she traveled to more than twenty four countries and served as a full time missionary in Edinburgh Scotland until COVID came her brought her back to the states and twenty twenty one she was living with her father in stone county at the time. She lost her life when a distracted driver crossed the center double line well marked and highway and collided with her in a head on motor vehicle accident on Friday October seventh twenty twenty two in Stone County Arkansas she was a resident of Cleburne County and love being back home in the Ozarks Arkansas state police runs radio TV campaign you tax to drive you pay an Arkansas reminds drivers of the deadly dangers and the legal consequences including fines and penalties for distracted driving texting behind the wheel however it mentions nothing about fatality crashes Arkansas penalties twenty seven dash fifty one dash fifteen NO six currently provide no justice for the families that have endured a tragic fatality accident as the. Yet we and other families are left with thousands of dollars and burial medical and personal expenses not covered by insurance well however the individual responsible pays a minimum fine of two hundred fifty dollars and goes. Unfortunately most prosecutors will not charge the additional statutes that can be stacked like a wrongful death or negligent homicide charge which is a felony and results in additional penalties on top of those available under those statutes unless alcohol drugs are involved which is shameful July twenty one twenty twenty two the national highway traffic safety administration reports that driving while distracted texting is six times more dangerous than drunk driving in Arkansas approximately four thousand eight hundred accidents per year are caused by distracted driving an eight percent of those are fatal so today we call on the Senate committee members to approve H. B. fourteen eighty six Aston's law to move to the floor for voting grace and with kindest regards the with family Cleburne County Arkansas. Okay. Committee any questions Senator Irvin. Centerville. but I think this is a great bill the only thing I wish I could see different was would be called Aston Abby's Law the reason I'm saying that is A. B. with a three year old Grange out of my system at the bank who was rear ended by the family's the another vehicle and was killed in her car seat. Donate her organs to up to needy families at that point. And I brought this up of about a year and a half ago and I would just you wouldn't means so much if the if there's any way we could do that I will I will amend the bill if you would like I would love to see that add to as a cosponsor is that is not systems okay would you like to pull bill down into another day I will do that thank you thank you senator the answer any other questions from the members of the committee. Senator boy. Centerman just. Referred me I think I know the answer but I want confirmation so like if you're using the technology within your vehicle that attach is the Bluetooth and you know you hit the button and state tax Missy Irvin and it sent you a text is that included in here or is this like I got my phone in my ear or I'm looking down at it I just yeah it's it's my understanding that I mean I understand you have a voice voice tax that you can send while you're driving again I I would have to get clarification that I can get clarification from the prosecuting attorneys when I bring the bill back thank you senator. If you Senator English. So my car actually if you were trying to go on your phone book to find somebody that you wanted to call if you're going more than five miles an hour it will do it that's the thing that the manufacturer yeah it is I mean I I've I've always I don't know how many other cars do that but I've seen that online. Any other questions. Sir Richard this I want to say I have I lost a cousin several years ago it wasn't a cellphone your member CD what ones that you can plug into your cigarette lighter and it would play through your stereo he was driving down highway nine and someone the young lady was changing your CD out on the seat of her car and she crossed the center line and hit him and he was killed so I and distracted driving is just as dangerous as drunk driving so thank you for bringing this bill thank and we're having it back after you've got also just the with family just also wanted to thank me representive had sent representive Miller and for sponsoring this bill and wanted to thank all of you that are in attendance today on this committee okay thank you we look forward to having an admin thank you senator hill. The. You ready for that hi. Three forty. Let's let's go ahead and get if it's okay let's get thirteen sixty five first and then I'll let all hi. Sir Gilmore would you like to run the house bill thirteen sixty five. Okay. Absolutely. Mr Clinton please join us and. Well he's coming you go ahead and introduce yourself the record and we'll let Mr what more do it when he gets up there thank you Mr Ben Gilmore senate district one. One more quick or association or something nice. Sir you're more you're recognized to present the bill thank you Mr this bill I think will address a. pretty significant issue we're doing with the state of Arkansas I know many of you probably here like I do on it probably weekly basis about cars that have catalytic converters stolen they're cut off even state vehicles here in Little Rock it's a pretty wide sweeping issue in fact there's some data that I wasn't aware of that the national automobile dealers association put out that says that that the success of increased by three hundred twenty twenty six percent twenty twenty and then again and three hundred fifty three percent and twenty twenty one so this is a very wide sweeping issue so the bill basically creates a criminal penalty for the theft of catalytic converter as you see there and section one it defines what a teleconverter is goes on down there to page two and and outlines basically the there's some. there's some language there that gives defense for possessing Catholic converters but you have to do it and all legal basis that you were in the business of doing that and then it goes over to page three where it actually creates a Class C. felony for someone who has on authorized possession of the catalytic converter with that there's also language in here that asked them to if you are a scrap dealer or someone who is legally dealing with catalytic converters that you be registered with sheriff in the county that you're doing business. And Also that you maintain receipts or any records or purchase of that I also ask that That if you are dealing with catalytic converters to remove him from vehicle a legally that you have inscribed on there then numbers that are in permanent marker and things that nature so you can keep track of where the where it's coming from where it's going things of that nature so with that if I missed anything I'll ask the Mr with more to fill in and we'll be happy to take questions okay. Sir Chesterfield you're recognized for a question thank you and thank you senator Gilmore because this seems to becoming more pervasive but I need to know the definition of a classy in a Class B. misdemeanor what are the penalties and a lot of those things. So a Class D. is is a six two. I'm I should know as I'm working on this bill but I just lost my train of thought I was expecting a question but I think it is a I think it's three to ten years for a classy I believe. And forty for D. it is I think. One to six years. But taking a catalytic converter yes ma'am thank. So there's there's a pretty hefty expense associated with damaging the vehicle some some of them can cost to repair the vehicle up to twenty five twenty five hundred dollars so that's a significant cost of damage associated with that I can I can look up those penalties if you give me a second. Okay when you present the bill on the floor I know you'll have those I will I will have this. Thank you any other questions Senator Hill. Senate you more on this for your your scrap dealers who are buying buying these what what order they have to keep its force records to prove that they've all come legally if they have to keep the serial number on the teleconverter self plus the vin number in the records or what all they have to have yes so we funded think it's on page. I two. So it asked for the vehicle identification number which is the vin number and and. For which the vehicle or was removed from and then it ask for there to be receipts kept for the purchase or transfer and that is on page. For. Thank you Sir. Okay. Senator Rice your question. Thank you Richard bill from the top here on talk radio this over the past several months going owners these motor homes these leaks in church parking lot church buses and and things of that the amount of damages done. How on the penalty this line up with the copper theft in receiving bill that we did a few years ago do you know about this I don't know stop penalties you don't know if they line up or not no I don't I don't know if you know off the top. I will weigh in the in the sense that the damage to the victim is much greater than the value of what was stolen so copper had the same issue and I don't know if. Thank you. Sir Clark. Thank you what's the attraction to the quick lube Board of what's what's going on so there's there's precious metals in the actual device that filters the exhaust and and all that to help. Eliminate pollutants out of the exhaust so there's palladium there's ready there's I think there may be a little small amounts of gold and silver also in there and somehow it separates out of like a catalyst that separates out all those different particles by attaching the park is attached to the precious metals that are inside the Catholic murder I may have just totally messed that up you're right on what happened during covered a lot of these precious metals are found the I'm talking about caverns I'll be doing things like that South Africa so basically you have to go down under coated there is no nineteen of these precious metals became very rare and so what's happened is those the value of those precious metals what way after coaches can get mine during that if I can find area so there's just the needs converters breaking down and getting Bills parcels things out it's worth much more than one. And again Senator their organizations this is that legally recycle them but the technology is such that criminals can have a similar enterprise with the stolen once so not only you dealing with this this Madam but also your taking that chance where your car you're creating a black market for them and that's why people take a cordless saws on cutting off the bottom of your car truck I do think it's important that on a class C. and Class D. felony that misdemeanors to felonies that we know the penalties for what those are yes a class the is up to six years and a Class C. is up to ten years okay I just I just I just got that in and with that the classy applies to people who were repeatedly doing this first offense would be a Class D. which is your lowest level felony so the scrap metal. Firm company receives these do they have a responsibility. When they receive these converters to. probably record then yes and that that's in the bill so they become violators if the but that's what they do they do if they're not properly disposing of a handling it and if they are purchasing from someone who can't prove how they got it the so this so the scrap metal personal have yeah it worked so this is this is a bill that we had scrap metal dealers involved in counties is involved in sheriffs association involved in I believe chief Chiefs of Police wasn't involved as well trying to come up with a good plan there's this this bill was amended the original bill was a little bit different from this we've amended it to try to make sure that you know everybody sort had skin in the game as it as it relates to this issue This Is at the you have any other people against this now not that I'm aware of we put it that way not that I'm aware of in the the cost of a catalytic converter on the black market can range up to I think twelve hundred dollars so there's there's value in in these and that's why they're they're being stolen. Senator Rice. Quick question and about a trailer load of these going to Mexico while back ago what the amount. Senate heard about a truckload of these going to Mexico stones while back in the the amount of the cost was was pretty high why did they not put Senator members on these and and like firearms if the serial numbers defaced they're good the dealer came by legally at that's a great question they're actually starting to do that as I understand I've always wondered if thank you. I had tell a quick story the committee have ever received a call from one of my constituents to in a recycling business and she told me that they were storing catalytic converters in a an older truck but it was locked behind a fence inside their perimeter fence so it was very secure but someone broke in and stole the truck and sold it had something like thirty to thirty five thousand dollars worth of catalytic converters in it and uh they were arrested the German was caught he was arrested he spent one night in jail before he bonded out and he told the jailers he was leaving this is easiest money I ever made so hopefully we're going to change that and make it much more we're he might get some money but he's going to pay for down the road so excellent bill circulating as to what will any other questions from the committee. Anyone the audience on speak for against the bill. If not what is will the committee. Centreboard do pass second by Senator Hill. Any discussion all in favor say aye aye opposed. Installation too fast your bill thank you thank you thank you I'm on hold for just a moment have a moment a personal privilege for the chair has some folks I want to reduce I want to start with my two pages for the day Michael and Ashton Burgess they're from Perry County please stand up holler my their Senator Rice as constituents now but they were mine and so we kinda share having them day we're grateful for it and also wondered use their grandfather their mom is here today Beth would you please stand this is our mom Beth Burgess and their grandfather the former chair of the Arkansas highway commission my good friend Herbie branscom. I'm sorry well I don't know all the other pages senator but. Well I'm. I'm I'm not as seasoned and very of the senators you are but I know on the floor today we're gonna recognize all of you thank you for being here. Okay what would. Please introduce the pages real quick that I didn't. Thank you. And she's from Greenwood as I recall. Senator Gilmore here as thank you. Hi. Right. Thank you all for being for all all for being here Senator board I think you've got about three Bills do we have anyone else over here. Thirteen eighty four which. Sir Kroll which bill are you. Thirteen eighty four please come forward and present that I apologize for looking to my left because I think a technical job three times already not a problem Sir call your you are recognized to present your bill is if you look at this bill you see we're adding a carpenter they do a five hundred forty dollar per diem for these positions the mechanical electrical plumbing mechanical well repair welder Fadi repair and paint your to buy their own tools for hand tools because that way they know what they want they know what what Brandon what type and they also it gets them to take care of it a little bit better because they only have so much a year they can spend on tools and they've done this since nineteen ninety three and it's just that we want to add the carpenter this year. Right any questions. President pro by the committee. If anyone audience like to speak for against the bill. Senate pro you're recognized to close thank you very much I appreciate you. Motion to pass by Senator Rice seconded by Senator English any discussion of the committee all favour say aye aye opposed. Congratulations senator your bill fast please tell representative car we took care of that year. Now I think we're ready for Senator board to to get after it. I've been making him wait for a week he had so many great bills with fear we just couldn't wait anymore. Surfboard you're recognized to when whichever order you would like to take the. thank you Mr chair the first one is Senate bill three forty one this bill updates twenty seven dash twenty three to a one to be in compliance with federal motor carrier safety administration's future requirements for the commercial driver's license drug and alcohol clearinghouse basically the state right now has a clearinghouse the federal government is creating its own federal clearinghouse and and we're going to have to participate in that they continue to receive highway funding and so this update must be in place by November eighteenth two thousand twenty four when the new find a federal clearinghouse goes into effect. Thank. Any questions for senator board from the Committee. We'll. Was was that a second to the motion he hasn't made yet Senator Hill okay well let's let's see if we get any if any questions in any anyone from the audience like to speak for against the bill. Senate rice I think your motion is now in order motion to pass by Senator Rice second by Senator Hill any discussion all in favor say aye hi proposed bills pass which one you want next center board Mr chair I'd like to present house bill fourteen thirty seven next if that's okay with the committee please present house bill fourteen thirty seven okay this bill updates twenty seven dash twenty one dash one oh six little A. five to now include the ability of the utility company employee or agent to be able to operate an all terrain vehicle on a public street while he or she is working if that function directly relates to the operation the utility telecare communications or cable company and then they can already operate during an emergency or severe weather there's no known opposition to this bill so what this basically does is allow the utility to. Use a four Wheeler to get around when they're making repairs as opposed to having have something that's street legal or you or you TV more likely okay. Senator Chesterfield you're recognized thank you Mr chair and maybe it's just me leaving in and at the end. What happens after the that. Fourteen thirty seven am I the only one case. Your second no you're not no ma'am at I did I don't know the answer to that what I will say the end is not new language this is just updating that section of the code that's just the way it was drafted so I've had some other bills where I wish they had not drafted it the way they they did but I have had experience that myself recently Senator where they to me because one they're saving okay comes after the and maybe I'm just looking up running no I don't know why we're drafting bills that way in just leaving stuff dangling so that you don't know what comes after in the end and that's why I was of concern me used in the seventh period or exclamation point yes thank you mark some afternoon bill this is just some experience set to Senate bill where they had my any my bill while I thought it was great it was out of context because one couldn't read it in contest so this might not on you and I understand what the bill is trying to do but I just wish that we would say drafting complete the sentence yes ma'am so that at least I'd know what comes after I'm going to have that to you before the floor okay thank you so much thank you. This would we possibly check with your and see if there's I'm at present factor savings paper and but perhaps because of the point that senator Chesterfield might we can they can maybe have the next finish the paragraph even if it has to be on a separate thank you bye bye thank you so much any other questions. Senator Murdock thank you it may be a simple deletion of Anna striker will take care of that is no and but anyway whatever because it really completes itself with what you're saying here Michael so just if clear understanding you instead of it previously being only in emergency situations this allows for functionality during the working not emergency but they can use them now why just performing the work of that of that of the utility company that that is correct it's an efficiency issue and it is just if they have the to be clear they have to be working they can just go out for a joy ride for the signage should not working on the project verses in the emergency situation that's yes okay thank you. And I would assume senator that utility would include up like a a municipal municipal utility like a water department or sewer department. That that is my understanding okay. Any other questions. Anyone the audience like to speak for against the bill. If not we'll see we'll committee motion do pass by Senator Rice second by Senator English any discussion all in favor say aye aye opposed. Yes you your. Two for two you got another one Senator I do if if the committee will oblige will be happy to this one's a little more futuristic if you will which one is this house bill fourteen ninety nine and it haven't you have an amendment for it yes it just came provides. So for efficiency sake I'm just gonna tell you that what the amendment does is it provides some clarification that the the that Arkansas Economic Development Commission does not have to conduct the study itself it could get an outside agency to do that. I just felt like it read better with that that amendment. Any questions or center board about the amendment. Motion by Senator second second by Senator English and discussion on favor amendment say aye aye aye opposed. you're now recognized to present fourteen ninety nine is amended center board our previous executive admin administration convene in Arkansas council on future mobility. That council released a report in December of two thousand twenty two which recommends a feasibility study for a space for this bill provides the framework for a feasibility study the feasibility study would be contingent on funds being available so and I know I'm supposed to be limited to this but I do have an a separate appropriation bill that will go through joint budget which is also in the may not the shall fund so this just puts the structure in place if if we are so fortunate to to come up with the the nine hundred fifty thousand dollars is estimated for a feasibility study so the only other thing I would add is the cursory glance of the state as I understand it northwest Arkansas Fort Smith and Blytheville are the most likely places to to do that but that's why we do a study because we could find out the Delta or somewhere else is just as feasible what Conway my Conway for Senator Hester who like Scott County. Okay. Yes exactly. Well as you probably know centreboard we have a beautiful new airport in Conway with a whole lot of acreage in space around it so far as I'm concerned that it might might be a candidate for something like that. Anyway any other questions of center board the Committee. Anyone like to speak for against the bill from the audience. That is not what I have a motion do pass by Senator Chesterfield. As amended and second by Senator English any. Discussion. All in favor say aye hi posed. Legislation center your bat a thousand. With any other business to come before the committee today. If not we stand adjourned thank you. Okay. It's not.