Public Transportation- House

Those of you that here to speak for against the bill there's a list right over here we're says testimony be sure and signed up what bill your speak for against. All right you get the agenda. thank representative Johnson is still working on his bill representative Baker. The record. President acre you're recognized. so he has an amendment to his bill. Passing it out now okay. Hold on just a minute that is that is get you going have your seat introduce yourself for the record and then we will get a chance to pass out the amendment. One moment. Thank you Mr chairman representative acre in here to present the bill a House bill one two four four hello my guess introduce yourself as well. Good morning chairman members of the committee Ellie sauces Amendment TFA all right give us just a minute represent record. Everyone have the amendment. Okay. The representative you may proceed. Thank you Mr chairman the Amendment today is to provide explicit clarity to the general public law enforcement and state agencies that the current law which is Arkansas Code twelve sixteen six oh one that requires individuals who are licensed to have their hard copy license on them at all times is still the ruling law of the land. Okay as the member any questions from committee. I make a motion to pass for them and most of the passengers Goshen all in favor say aye hi all right you know when you let it is opposed hearing none you may proceed with the bill thank you Mr chairman a committee members I'm excited present to you this bill that has been a constituent initiated bill and a bill that is taken and. The input and consideration from several different entities as we try and move this state forward to build a digitized or mobile driver's license option and in this endeavor I've met with the DFA the entity that would be required to execute this bill I have met with a different law enforcement associations include the socio ations of chiefs of police the sheriff's association and state police. As well as met with the current vendor of choice for Arkansas driver's license production the company's name ID mia I do me a is a credentialing security and authenticating firm and again they do currently provider driver's licenses that we have here today. In addition to that they are currently the ones that provide mobile ID's FOR Oklahoma Mississippi Arizona Delaware and also at TSA so their input is in very helpful and structure in some the definitions you'll find in the bill that provide for the security and authentication that DFA needs for instruction to build the product. again the amendment that I mentioned earlier is the first part of this bill and what it does is it clarifies to the public law enforcement in any state agencies that hard copy licenses are still the current standard and still required and will be requested of you and you will present them. The rest of the bill centers around definitions of what it digitized ID is the mechanism of use of a digital ID and consumer protections such as Fourth Amendment or personal property protections. So what we have here is the opportunity and the Commission we have commissioned a mission to DFA to build the product but all sectors whether that is the private sector the public sector with a law enforcement sector have their own discretion on how they will make use of the digital ID on their own time so with that I will answer some questions I would like to state that we are strategically set the effective date for this for February first of twenty twenty five that will allow DFA plenty of time to that different vendors produce a real substantial product that we can address any issues in the next legislative session if there are any before it goes into effect. What questions do you have okay Committee have any questions. Resent Tosh you're recognized for a question thank you Mr I just wanna make sure that it because I really had to charge about the ins but it's not like you're amendment may have address those concerns but just to make sure the driver's license will still have to be on the person law enforcement will obviously is still against the law to drive without having the driver's license in your possession this digitized of mobile unit you're referring to doesn't circumvent that law is that correct. That is correct representative this law provides a convenient complement to the license but it does not replace it anyway okay and law enforcement you met with your association I pollution lace Portis is that correct yes Sir that is correct okay. Shepherd you're recognized for a question thank you Mr chair thank you representative just a quick question and you may have stated is there an additional fee. Yes there is a fee it is a ten dollar fee for a currently licensed individual to elect to view their digitized license okay in at the time they get the hard copy they also get the digital copy as well they will have the opportunity to elect to pay the extra ten dollars for the digital copy yes ma'am okay thank you so so that this did digitized for us people in it's just optional yes Sir that is correct are repealed represents style you're recognized for a question thank you Mr chairman. My question is is about twenty five and one twenty six you know so you have you know currently. You get pulled over you have to give your driver's license to the officer they take it back to their vehicle. This year says promptly return it back so you is you think there's any language in there that would potentially create some conflict where they would say aye you can't take my phone back to your vehicle to check license status and and and stuff of that nature. Yes there is potential conflict in there and that is why we've left the agencies up to their own discretion on how they want to implement that whether that includes when they're able to secure proper readers to scan at that time that'll be up to their discretion so this simply just states that if they decide that they want to accept those those are the terms that they have to accept thank you. Of course resent resent Tosh. Thank you Mr and that question kind of raise your concern for me I mean law enforcement is not going to have the option here I mean if the if the individual is in possession of a driver's license that's what they'll present to law enforcement there's nothing in this law I'm asking you that would provide for the motors would. Handphone to the law enforcement officer in place of the driver's license it doesn't allow that to happen does it no Sir it is not. Okay so he could they could show on the digital and he just looked that this is just was just a check he let him go so that's yes and again that would be at the discretion of the officer if you so that you can take a driver's license take it back to the call correct that is. This is a very yes thank you and correct me if I'm wrong but they still have to have the physical driver's license with them in case office requests that right yes Sir thank you thank you Mr. Your representative Cllr. Could you briefly describe the security around the digital identity how that's going to be protected hi can be prevented from being duplicated forwarded all of those type of issues. Yes so that detail is really at the purview of DFA to that the vendors who make their decision on how they want to do that a little bit of comfort that I have is that the company that is the current vendor of choice what met with. Is also the company that use TSA uses to verify any identities and provide security so that technology is out there specifically with Oklahoma Louisiana Mississippi so I would defer to DFA's that in process on how they want to identify those securities. Any other questions from committee. You representar. Thank you Mr chair at Yes I'm having a hard time understanding if they still have to have the regular driver's license still have to have it in the position. and my concern is is a law enforcement officer or traffic stop the last thing I want to do is to have to take a fall within and I think that excuse me opens up all kinds of concerns for the law enforcement officer in possession of an individual's following we there's no way we can allow that so I guess my question would be with that in mind I mean what's the spirit behind the is if if you if it if is not allowed on a traffic stop in place of a physical driver's license then you'll want why we run in the bill what's the purpose of having this. The purpose would be that each of those different sectors whether it's law enforcement public or private we have the option to self opt into using this product so it would allow people to validate a license that they have because not having a driver's license on your person doesn't make the license itself and ballot this would be a convenient complement to those businesses public entities or eventually law enforcement who feel comfortable accepting. Follow up I'll so are you saying the law enforcement could implement a I policy within their department that would allow their officers to accept the phone as a driver's license or digital on the phone is a driver's license is in place of the actual driver's license that would have that option would be. No Sir they were the option to be able to utilize a discuss driver's license would require officers to have some sort of scanning device that they'll be able to read it again that would be at the law enforcement's discretion. They're still can request a hard copy at any time and make IT zero use of digital driver's license at their own discretion. We're hello you have a question well I guess my concern is is that law enforcement even having the options to take someone's phone ideas thank opens up a lot of scrutiny into the officer being in possession of that bone for whatever reason I think that is just open the door for a lot of criticism for law enforcement and what the allegations could come forth from the if they had to actually touch that Paul would take possession of it and I just don't think we need any type of law that would allow law enforcement to be able to do that and for their own protection I can see where that could really turn into a nightmare for law enforcement and I actually what some of the allegations could be and what they have to defend himself against that concerns me and I assure you I'm trying to really be of like sure that what we're doing here does it put them in that type of areas liability situation by taking possession of that ball I don't even like the idea of giving them the option to do that because I think it opens the door for too much criticism of their under enough criticism as it is as we all know and I say my friend the president sheriffs association in the by another law enforcement people I really like to know how they feel about the is if they if they see it the same way I do or all or if if they're okay with this course you know I trust their judgment the you know so Mr I mean I would like to A. I. if it's okay with the you I'd like to hear from law enforcement exactly their position on this okay work but I am aware understands now that they don't really take these are driver's license back that's not that's not in the bill this is Jake you can look at it in the just want to look at it to see they have it but in many as opera es. Regular driver's license and take it back and they will be taking the cell phones back exempt is that what the bill so you that is correct thank you everyone okay I got a couple more questions to get them and then we'll we'll bring law enforcement to if you want it when tested by represent hope you're up next. Thank you Mr chairman represent Baker right now you can have a digital insurance card correct. That is correct okay when you go to the airport you have a digital boarding pass to get on an airplane through TSA correct that is correct so everybody is adopted there a some sort of scanner over time is my understanding on this bill you put the two year window into this to get everybody on board so that. Within two years whether be law enforcement whoever they can get the scanners needed to to stand if if they choose to do so but this to your windows allowing for everybody just to kind of ease into this process rather than saying effective nonemergency because now we're giving people time to to kinda feel their way through this thing right. Even more so representive talk the two year window it's only for a DFA to produce the final product even at the end of two years in the product exists no law enforcement public or private entity is required to accept this product so they would have will be on two years once they've seen the product to then make their own discretion on how they want to implement it and what products would be needed okay thank you I believe my assistant Alicia has a comment as well. Sure I'll jump in here at least it would DFA we we wanted to reiterate this is something that we've been working on for years this is a product we're very excited about and and we're thankful that the sponsor has worked with us on this timeline because of course we're gonna have to probably go through a procurement process and perhaps promulgate rules we want to make sure this is definitely a secure product before it is it is made available and and the sponsor is correct that this is just your window for us to develop this product and then probably two years from now you guys will be discussing whether or not the the other amendments requiring public or private entities to accept this maybe that might be on the table at that point but but this is something that we will all be working on together for the next two years thank representative ro you're recognized for a question. Thank you jim. What is the best benefit for having the. The best benefit is that it provides a convenient complement to a current license so that someone can prove they are a valid licensee in case of a situation which they have misplaced their license or have forgotten it. Okay great any other. We don't have any one signed to speak but resent Tosh with is someone from here so she's here. Could you come up just make a brief comment I mean I know y'all don't pose. When you got no state trooper you committee again that's question on these kind. Commander the commander of the state police yeah. Rephrase that would you identify yourself just go ahead and state police. Okay make sure what my name's Rodney right on the president's share socialization also the sheriff's selling County. I'm Scott Bradley in the Director of the Arkansas share so she ation thank you I'm going. to address Mister Tosh is question we met with representative banker and us along with state police said in a room and we had the exact same conversation that you're talking about because we have the exact same concerns because that we think that when you take someone cell phone back to the vehicle there's a Fourth Amendment issue also that's going to pop up and we don't need to be put in our officers net position you know and and there we went through a whole list of and I and I took a list you can ask a representative banker we took a whole list of concerns because. Just like you said representative Tosh we don't need anything else that even puts an officer in that position to be questioned. he's addressed all those issues with that we feel like and we feel like over the next two years because at that the idea that this having two years to actually fit this process and and and really fine tuning the wall to make sure that that we address because we're a hundred percent the same on the same wavelength their representative Tosh we want to make sure that what we're doing doesn't put law enforcement in a bad light or bad position or that the person that we're interacting with we don't want to have any anything go wrong with them as well and so I think over the next two years working with representative banker will be able to address those and make sure that everyone is brought back to you all that it is a finished product but I agree I agree and we still want that the hard copy license I'm not gonna I'm not gonna be for. In my at least in my to my office in my department except in the digital. Your hang on this minute representative will be you have a question. Yes Sir thank you Mr Sheriff I just wanna make sure you feel like you're saying are you satisfied that during that two year process shall have a meaningful seat at the table for these discussions I do I do thank you. The only thing I might add it during that meeting we are was there was uh state police in the chiefs were also present they didn't violations that those agencies to come in and representative rancor when we we had a list of issues Rodney stated and he addressed most of those I think the understanding is in two years if those meet those needs are met then will be made we may change the direction we were going right now also he's worked with us the representative rags work that's leaving amended the bill this morning as you guys know you just got that to satisfy our what we wanted we wanted the hard copy president of it at all times for us see you know to take back to the car and there's other things we do the hard copy in our jails and and that we you know we've we've got a computer programs that use that may be something they can come over the next they can fix the next two years and make it worth filed if it is then it is if it's not then we'll be sitting at this table again with with you guys and gals people thank share of any any questions thank you for your testimony yes of the Senate bakery. Let me compliment you on your homework. Select came well prepared and so thank you Mr chair and intent again in my bill is is to commission the mission for the product to be produced I understand that once we vote on it our job is essentially done and it's up to these different agencies to wake up the next morning and make the product as safe effective and Realized as they feel suited to so meeting with them I took their input and we have turned over that discretion on how they make use of the product entirely in their hands. All right saying saying no other questions from committee no one here to speak for against the bill. you were closed yes Mister chairman my final stand will be that I do want to reiterate that this bill only requires a DFA spend the next two years working on producing a digital license product does not put any sort of requirements on the use of that product and with that I'm close from bill remarked motion I'd like a motion to passer he's. At as amended yes we have a motion as amended any discussion on the motion. Represent Hodges McCollum skews me. Thank you Mr chairman five one second when you said Mister chairman press by the homework that you've done today and kind of meeting with stakeholders absent when I first read it why would I like the convenience factor of it what I heard about it had some of the same thoughts come to my head with law enforcement so I commend you for getting together with all the necessary parties and taking a look at that I'm for this bill it sounds like. It's just the first step in a longer process of allowing stakeholders to come together and and hopes of looking at this convenience factor at the same time making sure that law enforcement's thinking about it and implementation so for all those reasons I'm for this bill. Thank you any other comment course. Reserve managers recognized thank Mr Right right favors Bill I think it's good thing I understand hesitation from law enforcement side look from a business perspective there's so many other applications where people use their driver's license as a normalized date I'm I know from a business owner I don't how many times I've checked people into an auction and a safe driver driver's licenses with marches off where I scanned are lessons that puts all the stuff in the computer for check in a better bond townspeople use permits prize don't have their actual or copy on that guess what everyone has a cell phone so that would be much more convenient for businesses thank you. All right you saying no other questions we have a motion on the floor all in favor say aye. The opposing wax and hearing the resolutions your bill for passage thank you. Our next on the agenda will house bill thirteen fifty three representative Pilkington or you you pursue not running that today okay we'll move on down to House Bill thirteen sixty eight of represented the Hodges. You get the microphone please state your name bring any witnesses that you want to bring with you please have them introduce themselves. Thank you Mr chairman thank you committee today I have a remarkable of thank you today I have house bill thirteen sixty eight and I would like to to bring up the Polk County judge Mister Brandon Ellison I could judge communities the. Good morning my name is Brandon Ellis and I'm the county judge in Polk County. C. K.. So this is an amendment to the law concerning contracts for work to be performed on state aid roads and also amend the aggregate costs for maximum for contracts for work to be performed on the state roads. So I was and go through it sections here section one is simply updating the law to the century indicate according to our dot some counties are actually using it excess of their portion of the allotment of the number of miles of designated state aid roads based upon a total statewide number of miles of county design statewide state road eight roads of fifteen thousand an increase of the total amount for the county state road from fifteen to twenty thousand will resolve the matter and bring all counties well within compliance. And in section two of this is been amended to a man from two hundred thousand to five hundred thousand that's the sum at which counties may be their own state aid projects this was agreed this is an agreed sum between CG C. J. AG see an asphalt pavers Association. This I needed to be updated for construction inflation plus in recent years more more often our state aid bids have resulted in no bidders one bitter or waivers due to the vets being far in excess of R. dot estimates especially true in remote and rural counties. And in section three this section needs to be updated in years past made to the state aid was used for bridges and other projects in recent years the number and amount of state aid funds used for overlays micro servicing and payment management has increased and far exceeds the arbitrary cap of twenty five percent the cat needs to be removed. This bill has been agreed on by the general contractors of Arkansas the asphalt pavers Association and R. dot the judge Alison I will take any questions. Okay questions from committee. All right I don't. Judge gave anyone had well I just think it's a very beneficial bill to counties particular rule counties away from population centers were it's a very very difficult to attract bettors and if you do attract enters maybe just one better and we want lower than one better is usually not very good for a little bit so. Okay. Senate car you're recognized for a question I'd like to make a motion to pass when appropriate. Okay Sir bill sorry. Trying. I make a motion to pass and what will it we're not really we're not that point yet this we've got to. Any other questions from committee okay we have someone to speak for the bill unless you have anything if you want to. Okay Brian freely from our doctor. Are you gonna be gone. He's gonna pass okay. All right. We like that any other questions the Committee on resented. You wanna speak you're here to speak for against the bill saying none make a motion to pass a motion to pass any discussion. All in favor say aye. He opposed Like sign here none congratulations your bill passed thank you. Thank you all right. Next we have house bill thirteen eighty four representative car. The current issue self calling you have to use of. Thank you Mr chair Joey card district thirty four state represent today presenting to you already since nineteen ninety three our daughter has had a five hundred forty dollar per annum tool allowance for their electricians they're plumber the mechanic and the welder they have seen now in need for their carpenter. Who is the only trade skill there that that person does not receive that five hundred forty per annum and that five hundred dollar five hundred forty dollars it's a it's within the appropriation so there would not be any extra additional cost it's within what they already receive and that's for a The the facilities maintenance their on site here in Little Rock and kind of the disclosures while the employer does not have any risk associated they do benefit from that employer having that that property to. And with that I'd entertain any questions questions from committee. Seeing none anyone here to speak for against the bill. If you like hello a yes Sir with that I'd like to close you know for for other trades are already getting their the the ana per annum and so I would just ask FOR do pass to get the car under their trade bill and with that I'll make a motion to pass a motion do pass in discussion on the motion. Seeing none all in favor say aye opposed same Lacson hearing the congratulations your bill passes. Representative Richardson still here. Thank you stepped out. Okay representative rich sent us here to represent house bill fourteen twenty nine. Absented would you. You will induce yourself and call any witnesses you have have the amenities of. Good morning chair good morning committee Jay Richardson district forty nine Fort Smith. So committee today I'm presenting to you house bill fourteen twenty nine which is clarifying and expanding driver's license eligibility to non citizens of a brief overview of this bill. currently Arkansas law permits certain non citizens to obtain driver's license with required documentation renewal creates this bill clarifies and expands the eligibility to additional non citizens who provide documentation of their identity Arkansas residency taxpayer status through an idea in in three years of taxpayer history. This bill is needed for a couple of different reasons of. Have an additional licensed drivers improve public safety for the community and law enforcement. employees need employers need employees to be able to travel quickly and safely to work and this will allow them to do so. This bill also identifies on the driver's license that is received by these individuals that it will be clearly marked on the front of the ID that this that they do not have any voting privileges this is only to allow them to drive and allow them to get insurance in in their communities. So this solution is to clarify and expand the driver's license eligibility to additional non citizens who are proof of their identity. And some of the like I spoke before the benefits or public safety and then some of the economic values on that is these individuals who apply for this driver's license and receive it will also have to pay an additional fifty dollars to receive this license and then that licenses reviewed every four years by By the organization issuing a driver's license. So it's pretty pretty straightforward I think it S. and safety and security to our streets and I think it is something that that does some really good things for our communities as we sit and with that I will take questions Sir. President Senator is recognized for. Is this bill going to see thank you Mr restrictions this bill going to allow illegal aliens to driving or streets. This this bill will allow individuals who are in our communities who are paying taxes to drive follow from what about immigration status. Immigration status is not identified in this thank you. President hawk. Thank you Mr. What we're doing right now like users there's interest if there's somebody here that's paying taxes I mean there are they will get a driver's license to drive what what what's going on right now no so they're they're right now they're unable to get a driver's license so what this bill will allow them so they're taking public transit right now that is correct things like that. Of course. This time you're recognized thank you Mr president Richardson is there any state that we currently border that have the same law there are several states that are actually running legislation right now to do the same thing Oklahoma at the Nebraska main several other states Utah I can't think of a permit but there are other states that are running this legislation right now as a matter of fact I thank you to it said the same legislation for the last ten years Oklahoma is now going to the house actually I think it's it's in the process on a bi partisanship going through a legislation in Oklahoma right now thank you. President Tosh. Thank you Mr who's going to absorb the calls for the administering of these tales for I guess they would most K. should be non English speaking individuals and are all of our driver's license test and everything that we have or a or in English I mean. While at the what's the cost of that and who's going to have to administer that absorb that that is not adding any additional of process for the driver's license to be received or taken I think whatever process is there now is what still what will hold true of some of the costs will be absorbed by that additional fifty dollars that's required on that. Okay thank you. Regis Springer. Good morning thank you Mr chair motion at the proper time okay any other questions Committee. Last year a person close up thank you for this bill I think this is something that's not only needed now was going to be much more needed in the future so do you plan to sink this up for the digital ID also when it comes out. I have not had no plans to do that just yet I think this is my priority right here thank you thank you. Analysts of resent Tosh did you have another question. Okay. Ringer you have no question no one okay no all right C. not do and let me ask you have had this bill how did this come to your attention how did this come about the run this water so it this is a huge opportunity in my community and in my district in Fort Smith I also had done some research in recess since people in Oklahoma over running the similar legislation and thought that we could you know take some of the good things that we're doing it right here in the state. In in addition I I did I feel commission but I do have support of some law enforcement Arkansas chiefs association support. I assume that I don't see anyone here to speak for against the bills so I assume D. F. and H. police no one has any issues with the do you want your come to table and just to clarify for the committee. Hang on just a minute before you speak will represent Hodges. I miss house during so if the the. This will help with they'll be able to get their driver's license won't be able to vote but they'll be able to get insurance and drive on the streets with insurance and comply with all the other will that is correct. Represent Shepherd. I will concur with others representative which Senate as well as I understand where you're coming from I represent southwest and this would be of great benefit to the constituents that I served so thank you for bringing this Blake you. Represent all thank you Mr chair of you said the the the chiefs associations for this but what about the sheriffs and and and state police have one of what is your take on this I've reached out to sheriffs association and I haven't been able to follow up with them yet state police have not reached out to. All I do is they hear the signed up to speak against it so you know. Representative Karl. I think at the same questions on in terms of who you stated was for and against our who might have been for a what was the organization said that was Arkansas chiefs association for the bill. Introduce yourself and again. Good morning Mr chairman members of the committee Eliasson's met then the chief counsel for the Revenue Division of DFJ this bill is filed Tuesday after so we're in the process of issuing a fiscal impact statement but we have not had the opportunity to do so yet so that we do plan on that coming out. Okay. Any questions Committee. To me represent hawk your first only Mister chair I I asked you when the internet gets done we hear from the sheriff's associations while you're sensor here yeah. McCollum. Might be an unknown on the answer to this when you mention something about the fiscal cost would you expect that to have to do something with this the fact that it'll say like a non voting ninety and that it's a different something different is on the actual idea itself or is it more to do with something with how it's administered generally what what what do we expect there to be if at all some type of fiscal impact. Yes representative sometimes we issue a fiscal impact statement not because there is a tie to revenue or hit to revenue necessarily but how we would actually administer the bill I think the bill flips between the office a motor vehicle in the office of Dr or services we are it is sending this bill to two different offices essentially to determine you know if this is something we could actually administer so just because we call it a fiscal impact statement it may or may not have a a tied to revenue it may just be something that we need to issue to explain how we would be able to administer the bill. Follow resume come up with. Thank you for that you said that the change from driver services in one. The Office of motor vehicle as a driver services thanks. Any other questions. Representante. I know this might be a difficult. Answer to this question but do you have any idea how many people would be affected by this anyway just a ballpark figure we're talking a hundred which out of thousand or if any of them. Yeah Hey you know representive Tosh if I were just speaking from my district I would say there are thousands of individuals that could be impacted by this. Follow up follow and I kind of go back to war which is I was going while ago somebody's going to have to administer these tests and and we're going to have to have someone to administer those driver's license tests that of I guess because of another language and so you know I'm going to have any driver's license examiners that work for the state police are fluent in the languages but that would that issue would have to be addressed and with that many people that will be seeking this driver's license because you're going to have to take the driver's test of I'm just wonder what kind of burden that's going to put old the state police that oversees the driver's license testing in the state of Arkansas and then have you discussed this with them and all our. No Sir I haven't had no conversation with the state police regarding this no it's going to be quite a bit of a Mr I'd like a big this comment against one of the extra load on them and just make sure that there well I think they already administer the test in multiple languages if I'm not if I'm not mistaken thank you I thank that is correct so if if that's already a process you know I would as. I should make any assumption but to your point I have not spoken to them but if they're already administering these tests in multiple languages I would assume they could accommodate an. Follow up with you just to make my point I understand that yes or not I agree with you one hundred percent but my point is that the reason I asked the question how many additional of. People that want to take this test would be affected by it and you I think your answer was it just in your area alone maybe a thousand so I'm looking at the increased workload it is going to put on the drivers like examiner without any additional personnel being added to take you and I understand I I just trying to make the point with it and uh. You know that's just a concern that I have and if you want to address that well I I I I would say a representative Tosh I think the same way that we saw a huge influx of people into northwest Arkansas over a period of time that came from other states that had to get driver's licenses and so I mean those things works or. I would it would be foolish to me to say that there would be some type of burning incurred by the state police but it is my opinion that it wouldn't be so overwhelming that it would just drag down what they currently do. Okay I will need to move this long we're represent very you're recognized not that I think of represent riches and kind of hit already but the bottom line is this if you can't pass the test you can you don't get a driver's license is that correct that is correct and we're already testing multi language of citizens all over the state of Arkansas and has it been a burden on us the sparse that correct correct thank you. Hodges and as I see here it says the driver's license shall be issued for a period not to exceed four years what happens after the four years go up for renewal. Of. Sure can you this are you neutral only saying aye really really short on time you say you're neutral your for against. Do you need to speak to it. Okay our. Okay we're not going to call what I would call you take if you're not ready so any other questions from committee anyone who speak for against the bill. Represent Springer did you have a question. Okay if we're ready for motion okay. You want to close the bill would close okay registering you're recognized motion to pass I have a motion do pass any discussion. I'm a go down the line a representative very recognized for yes thank you Mr chairman just real quick from coming from a guy's lived and traveled all over the the world we is American citizens drive in other countries and on temporary license no different than this is that correct. That would be correct and that's the reason I am for this bill thank you. President will. Thank you Mister chair I believe representative very covered my topic thank you represent all thank you Mr I you know I I'm just having a hard time getting my head wrapped around this one just because what we're saying outside of just taking that they don't have voting rights off the that ID that this is gonna be okay I I would probably more okay with it if it looked totally completely different than what our regular driver's license look right now to distinguish that this is not a a resident of of Arkansas or the United States and so for that I'm not for this bill okay any other discussion. Last year review just quickly we're living in a day and time or have a very very rapidly changing workforce and it English as a second language is going to be an issue from now on it will be a burden from now on we're going to have to address that how this driver license looks appears those type of things I'm not sure about the we need to move down this road so. Okay. Seeing no more discussion we have a motion on the floor all in favor say aye aye he opposed same lacks. Roll call. I haven't even. I haven't even said with the passer failed I thank you. That's fine. Let me see two hands if you will roll call. to the. Call the roll. Representative Matthew Shepherd. Representative Matthew Shepherd. Representative David Whitaker all right. Represent David Whitaker that's I. The representative Dwight Tosh. Representative Dwight Tosh that's no. Representative Austin McCollum. Representative Austin McCollum. Representative Harlan Breaux. Represent Harlan Breaux votes no. Representative Denise Jones Ennett. Representative Denise Jones Ennett. Representative joy Springer yes representative joy Springer votes yes. Representative Mark McElroy no. Senator Mark McElroy the snow. Representative mark berry. Representative mark berry votes yes. Representative Brandon acre. Representative Brandon acre. Representative R. J. Haak No representative RJ hot that's no. Representative Matt brown. Representative Matt brown votes now. Representative Joe a car. Representative Joe a car. Representative Chad per year. Representative Chad per year votes now. Representative terror Shepherd. Representive terror Shepherd boats yes. Representative Deanna Hodges. Representative Dan M. Hodges votes yes. Representative Trey Stine will yes representative Trey Stine modes yes. Representative weight Andrews. Representative await answers votes now. Representative Rick McClure yes. Sam brickmaker votes yes. Okay representative rich and it takes ten votes to get it out of committee you have server so sorry your your bill failed that's okay thank you thank you Jay thank you can. All right the next on the agenda house bill ten forty one representative Gonzalez representative. You have an amendment. Let me tell you first off looks like we've got a lot of testimony and a lot of questions so we may not have a chance to vote on the bill today if you want to go ahead present it will go ahead and and and get as far as we can hopefully we can close out but how session floor starts at eleven o'clock. So we may limit our debate once we get into it but anyway brandishes self. And your amendment in any witnesses you have to go with your amendment first representative just Gonzales District eighty nine this amendment is is one that I worked on with the highway department that excludes a lot of the the high traffic highways and interstates which I never intended for them to your Be accessible ATVs anyway so we just put this language in there to make it clear and I would appreciate if you all would adopt the amendment give me just a minute get commitment out there will look at I will. I wanna be clear to this does not get the highway department on board with their still opposed to it but they did help me with this language anyone have any questions about the amendment. Do I hear motion except amendment. I have a motion Is Goshen all in favor say aye hi you may proceed. Thank you Mr house bill ten forty one is this something that that came as as a constituent issue I guess or or our guests of a city can be be a constituent the deal is city of Murfreesboro brought this to me some citizens from her first parole as well wanted one of this Murfreesboro thrives off of tourism or what I say thrive they they survive sometimes it seems like nearly as a lot of these small Arkansas town state Mercer as many of you know has a diamond mine that's on one side of town they got late grease and all on the other side of town lake Greeson has ATV trails all the way around the lake and Marvis world wants that ATV traffic to be able to come into town you know shop at the shop sees of the restaurants to fill up with gas at the gas stations yeah they they want that for for their economies I told them I would try to help them with that mmhm right this bill Ford What this bill does not do does not change anything for for any of these cities are counties that don't want to change if they I've heard from many that say well this done work for our area this this and good for my county is not good for my city okay. Don't do it it's pretty simple if you don't do anything nothing changes for you. this would allow a city or county to pass an ordinance that allows ATVs or off road vehicles on the roads on and they can designate the routes that that those things can or cannot use and that's really all it does what are they going to change the definition of of a offered vehicle all terrain vehicle Just because there's some there's these manufacturers are now building ATVs and you to these that don't fit under the current definition that's in law so to open it up and make it where you all everything that's. Currently being manufactured hopefully what's manufacture going forward will. Fulfill so those purposes that. I'll be glad to take any questions and then I'll sit down let all these people that have came to speak against my bill come. I'm have their say some all right questions from the committee representative Shepherd. Thank you representative I think I heard you correct that although the highway department help you with the amendments they still were in opposition is that what you stated that's correct and I'm sure they'll come the Committee on okay thank you. Hi. Any other questions from the committee. Is there anyone in the audience that would like to speak against the bill looks like we have several. and again we will try to keep this is PREPA's. Possible we have Kristin Jefferies please if you'll come and identify yourself. Thank you very much represent hi my name is doctor Kristin Jeffries I'm a pediatrician here in Little Rock and I'm here today speaking on behalf of the Arkansas chapter of the American academy of pediatrics I am not here on behalf of my employer or place of work R. A. P. chapter represents about four hundred and fifty pediatricians who care for Arkansas children in every corner of the State. Pediatricians in the business of keeping kids safe and healthy and this includes checkups and L. six visits but it also includes making sure kids are safe in their daily activities like when they're on the road unfortunately unintentional injuries including desk from riding on ATVs are the leading cause of death for kids over the age of one. In fact ATVs are the fourth leading cause of injury death for kids over four H. four in Arkansas. Eighty four Arkansas kids have died from ATV related injuries from two thousand to two thousand twenty which is in about average of about four per year that's eighty four too many deaths. Finally we know that more than half of all ATV related fatalities for Children occur on the road with up to seventy two percent of adolescent ATV related deaths occurring on the road nationally. I've seen first hand the life altering damage of ATV crashes and they can that have on both the child and his or her parents and I do anything to keep another family from suffering through that I grew up in a small rural town in southern Indiana not unlike many of the rule towns here in Arkansas and one summer day about ten years ago a family friend had sent her child to go to a friend's house and she hopped on an ATV there and my friend my family friend received the worst news of her life later that afternoon when she was told her daughter had been killed on the TV this wreck devastated our community not family and it's why I care so much about protecting children from being injured or killed on ATVs. Young adults who don't yet know the rules of the road or have experience with driving should be operating vehicle on the road especially when that vehicle isn't designed to be operated in a on the road in the first place so respectfully we ask that you vote no on this bill or amended to only allow fully licensed drivers aged eighteen or older to operate ATVs on roads this will keep more kids safe and healthy thank you. Thank you any questions committee. Seeing none thank you ma'am for your testimony thank you. Okay speak for the bill represent Pilkington. Please introduce yourself you might see. Thank you chairman Holcomb I'm representative Aaron Pilkington district forty five which is all Johnson a little bit of Polk County. I wanted to come in and speak to the committee noted in plan to do today to just kind of let you guys know that I'm support this bill we have a lot of people in my area do ATV tourism who come from all over the country spend thousands of dollars in my community and expanding HB tourism is something we desperately need you know we uh we've been working on this for the last five years trying to get this trying to expand it to be tourism and unfortunately it's kind of hit roadblock after roadblock we had a working task force to get shut down due to covid then the the chairman of the task force was decided not to run again and so we we've had a lot of delays but this isn't something that works for quite some time a lot agencies of knowing that we've been going to do this other states have done this Oklahoma Utah West Virginia you know and for West Virginia for instance has half the population of Arkansas but yet did this and in three years collected six hundred million dollars in new tourism revenue into their state you know we're just simply wanting to give local communities the option to do it for my community this would be a boon to our tourism obviously if you're in a place like Pulaski County or Washington County where you don't want people driving ATVs down main street you know I trust your local officials to make sure that doesn't happen and not not open up those roads to and I think everyone would agree that the the smart move we always come here we always hear this argument about local control of your money a lot of times from a lot of these associations and the one time we want to give them local control we here we don't want it so it's it's kind of funny but you know you've heard governor Sanders talk about outdoor tourism being a priority for her it's a priority for the for Sheldon Brian standards so we met with about this bill that he you know have a suggestion about making sure that these bike trails and state parks were exempt and we did that this is the future of Arkansas where the natural state we need to play to our strengths and I think this is a good step to do it I'm sick and tired of having five years of being to. Hold know that we can't do what other states have done to take advantage of our own natural beauty and with that I S. asked the committee to make a good vote and I appreciate the time here today thank you. Okay thank you. The next speaking against the bill we M. Tapley with the Arkansas Association of Chiefs of Police. Used to identify yourself you may. Good morning my name is William Tapley I am a member of the board a member of the Arkansas Association of Chiefs of Police I'm also the police chief in our the chief of police in Conway Arkansas I'm here to speak to you today just briefly about this bill and the Arkansas association chiefs of police opposition to it there's several things in this bill that we don't believe would be in the best interests of law enforcement to speak to what the first Speaker was talking to you about one of our biggest concerns is safety. Juveniles that are gonna be on these ATVs on the streets in conjunction with the vehicles there's no match for safety on an ATV verses at a motor vehicle we already see this in our community with golf carts we have golf carts on the streets which are allowed. We also see that juveniles are allowed to to operate them although it's against the law it puts law enforcement in a position of having to enforce this and you have people that want to allow their children. To do this and then you have people that do not and that puts law enforcement in the middle one more of those things that we honestly do not need to be involved in. I honestly we have other things that that need our attention and this is not one of those also I would like to bring up the fact that we're gonna have things that we're going to have to address such as property damage from ATVs we're gonna have things that we have to address as far as insurance purposes a lot of these individuals that are going to be driving these ATVs are not going to be licensed whether the bill says they have to be or not so all of these are concerns for us and I just wanted to day to speak to you briefly let you know that our concerns as law enforcement as the Arkansas association chiefs of police and we would ask that that this bill not be passed. Any questions sooner or student person Shepherd thank you Mr chair thank you for being here thank you quick question you mention. And I was listening. If they were all. I believe that I still believe that ATVs on the road with vehicles especially in populated areas present a problem regardless of the age yes ma'am thank you thank you for being the more questions thank you for your testimony or student represent manners. Thank you Mr go back to the issue of local control sure enough had conversations about the other bills in this split on this issue or not that's your business control control general. You know if if Khan was opposed to again calmly doesn't have to. Issued ordinance for this in my thing is I you know I'm like representatives also I live in a rural area does the right now I take advantage of the farm exemption as are other four limbs absent across Hollowell time for foreign purposes just as we have cattle and I have done that since I was before I was backfield will drive you know what in my personal opinion is. Should we put this decision back in local leaders and parents who would allow their children under eighteen to do this if a fourteen year old can get a permit to drive a motorcycle by themselves what's the difference it is not a. Polaris ranger with seat belts safer that are like. Ursel motorcycle they could legally a fourteen route until the road. Thank. You your reply I would just say that that at times the interests of communities or cities do not align with the interests of law enforcement and I'm speaking today as law enforcement and for us it would presents a problem. Thank you thank you for your testimony of next we have Jeff agar larks also Jews and chief of police Jeff. Please identify yourself and you may begin. Thank you again my name is Jeff Baker I'm the chief of police sure would and I'm here to speak on behalf of the Arkansas Association of Chiefs of Police and the only two things that I would add to what Chief Tapley said was at the two major concerns that I have concern one is the fact that these all terrain vehicles or not they don't have the safety equipment required for the roadway I have a concern about lack of safety equipment being on the roadway and and I think that before this should go for that should be addressed and second concern that I have. Is simply the fact that if you pass this law sometimes what the public hears is not what the law is the public hears that this book this law was passed and they believe that that supersedes cities and counties and so that creates a pretty big problem for us because we're the ones that become the educators and that and before our cities and counties have an opportunity to pass ordinances that were not pass ordinances it becomes. Basically common knowledge sometimes for for constituents and the residents of this state that it is low because it was passed through law so that that's my comments take any questions thank you. Any questions seeing none thank you for your testimony Jeff appreciated next up against speak against the bill a major Jeff Holmes Arkansas highway police major. Thank you Mr chairman I'm Jeff phones on the T. for the highway police division of the Arkansas department of transportation to the majors that correct Chief cheat okay I'm a major. So why don't okay. I'll just wanna echo my colleagues' comments ATVs or simply not made to be on the road but they're not designed for on road use and while we appreciate representive Gonzalez amendment to clarify the highways the department is still opposed to the bill because they're simply not safe for the road thank you. Any questions do you saying nothing to be testimony next speak against the bill Michael Adams of the motorcycle dealers association. Thank you Mr chairman. It I'm just punch. Thank you Mr chairman and committee members my name is Michael Adam I mean motorcycle power sports dealer from Pine Bowl Arkansas and we formed in nineteen seventy one my wife and I did this. We worked on this law about motor vehicle. Dealers there's a motor vehicle act and we helped get motorcycle dealers under that nineteen eighty seven. And it requires dealers to do a lot of things and we would love to sell more vehicles. But changing the definition of these vehicles changes the motor vehicle act and creates many problems that I can see and how we're gonna be treated by the motor vehicle act by power sport manufactures and possibly the public also taxes this talks about registration of vehicles and I see no provision to do it license plates on those. Right now. Motorcycle dealers are by law to collect tax on ETV vehicles off road vehicles however does this changes all this was changed back in the eighties because tax wasn't being paid on these vehicles so does this create another problem but for me the biggest thing is changing the definition of these vehicles we have heavy weight light weight and also there's another situation now as far as driving on the street my biggest problem is the state law right to me federal laws consumer safety per. Protection says that no operator under sixteen should operate a full sized vehicle there are made small ATVs that are made for operator six. Years old some for ten years old but nobody under sixteen is supposed to operate a full sized vehicle there side by side an ATV so there are a lot of problems involved in all of that. That's all I've got any questions any questions Committee singer thank you Mr the testimony thank you John they've got a couple more. sure Scott savage. Not here. us. Your movie woods dissident by yourself and. Yes Sir my name's Scott so on the share of the public in the Arkansas. Have the right link on a sheriff. May begin jim. Well I want to speak on behalf of the sheriff's association first. We are for. And I think a representative Pilkington said it best earlier. This is a good economic. Opportunity. But not with this bill. We've we met with the representative Gonzales tried to come to This is something that we could compromise on. When they want to. And we're not we it shares and we have water shares majority of moronic rule areas and so we understand that there's going to be you will want to buy their ATVs Joe the surrounding states in some states in the the representative picketing talked about Utah I was in Tennessee earlier this year and I seen ATVs on the road and Now where was I at. Mr appoint Gatlinburg you can read on it but it was the one that had seat belts the harnesses the cages they were the the big they want three rivers employers and we asked representative that if three words of four wheelers were what's included in this and it is so willing so it puts. Reviewers four wheelers running up and down the road. we're not for that or not for this bill and the way it's written we do think that that there is opportunity going forward for Arkansas to benefit from a bill that I think is more well thought out. And a lot more time dedicated to it I think the governor's office as shown that by making a task force and put her husband in charge nothing going forward they'll come up with something better but I currently the way this is written we're not for sure if you have testimony yesterday this would allow run that time yes Sir I don't I get three things I want to mention I mean sure twenty nine years I've worked hundreds of ATV accidents unfortunately a lot of talent accidents the common cause on most of those are three wheelers and four wheelers riding at speed most of these are not manufacture to run highway speeds they're unstable with those speeds I believe of. Passing a law that allows and run on on highways and expecting them to run thirty five forty fifty fifty five miles per hour is a recipe for disaster this bill includes an insurance requirement after speaking to several ATV dealerships and insurance folks the type of insurance that I have on my court you cannot get on a three Wheeler four Wheeler if I run over your grandmother and her car on my four Wheeler the insurance not gonna cover car she guys file separate lawsuit individually against me we I'm all for a TV Reform crafting a bill my county is rural we make a lot of money off ATV tourism it's something that I've followed for twenty nine years I just this bill has some serious issues and and I worry about safety issues thank you John for testimony thank you our next speaking against the bill we have a mark with more from the so as a Vauxhall County. Marcus E. U.. It's mark Whitmore Association are so can these judge Doug or when president the share of Chinese judges are gesture just real quickly of I used to be I would partner from eighty nine two thousand two been that the art of association counties twenty years as a lawyer. When you read the bill and suggest that somehow the court court which legislative body on counties would have something to do with what happens on the state highway system you all the legislature decides what is legal or street lake on state highways and Amendment forty two. R. dot the highway commission is the operator of the state highway system so the county government our corporate didn't have anything to do with the State Highway we we are dealing with county records so we believe no local control as far as that of I would concur with what the sheriff's department said. When I first saw this bill off top ahead I knew that Arkansas was sixth or seventh and fidelity's rule filed pathologies from my experience well I was wrong were second. So I think everybody's concerns is valid like to share said property right there's probably a manner in which to do this but like I've said many times of this is ill conceived we we don't regulate the state highway system Canaccord stomp. Thank you Mr chairman Duggar when I'm up president in a county judge to going on thirteen years now present the county judges association and on their behalf speak to them and me personally we oppose this bill and for benefit of time I think you've heard enough testimony today and I would echo what Mister mark Whitmore said and Mr representative mackerel would probably prefer a bicycle. All right John thanks for testimony saying no one else to represent Gonzalez you are close. So of I guess I'd like to start off by saying the to. Chief association never contact me about this bill I filed this bill about a month before session started numbered seven on it until till now to run it trying to work with all interested parties on on adding your trying to come to an agreement with with whatever they want I've made a lot of concessions on this already and your maybe could work with them some to add some but they they did not contact me at all and and I just you for for these associations and and people that the we work with all the time I don't think it's right for them to do that same with with the way you have DFA came sit down and and spoke on Jay Richardson is bill you know without contacting a member first I've I just feel like that is wrong you should and shouldn't happen Some of the concessions I made was liability insurance I spoke with representative sample on that he had concerns about about having insurance on these things so I had a requirement that they have liability insurance same as vehicle does if you if you put a vehicle on the road just think that made thank I think that makes sense to have that if you're going to be on the road. Legislation be insured and. Just just like any other vehicle that we require insurance of As far as kids being on on ATVs the the sad stories that you heard from the pediatrics association representative those things are happening now she didn't mention that those things are happening on the road that at that does stuff I mean I'm no I have friends that have had children die on on four wheelers and ATV's it's a sad thing this is not addressing that this is not banning of AGVs for kids and you know I had seen them propose anything that that does that Yeah but this is in my opinion safer than transitioning kids which I think the pediatrics association support so as much safer than that. I'm just trying to address some of the concerns the that were that were brought up here That I had heard about I have worked I had to try to work with the sheriff's association I asked for them to come up they they kept bringing up make them street legal I said well if we're gonna wait Macon street legal then I want to take away the option that the cities and counties have in this bill to. You'll have or not have if they want it like we're going to we're gonna say their street legal then let's just open up streets to have on the streets never got a clear definition from them what. What street legal matter to them so so that didn't didn't make it into the bill. I never got an agreement from that if we do make them street legal we should just open up the open up the majority streets excluding go interstate highways of which I've already done this bill but I do appreciate them coming comes a man trying to work with me on that. And I think that's. Yes you go yeah I think I'm close Highland Committee actually because when the bill's been thoroughly vetted we were both on the because of time constraints what's will of the committee. I have a motion. Who's making a motion as amended make a motion. I have a motion do pass as amended from reserve Andrews indiscretion. Hearing none all in favor of the do pass say aye. All opposed. I think it's obvious the nose have it so represent Gonzalez create you think I'm a poor. Thank you like German I close of business for today.