Transportation, Technology & Legislative Affairs - Senate

The committee has no objection will list it that way. Thank you Mr chair first bill I have today is Senate bill three thirty three this information was brought to me by an owner of a Bicycle company that's had. Coming into their stores recently saying that they've been pulled over for having a bicycle rack on the back of their vehicle that is partially obscures their license plate and. didn't know this was an issue with they said that they're hearing from more more customers they're saying that the in different communities that they're they're hearing this is becoming a problem so we actually got this language from several other states it is the and it continues to say that you cannot have you have to have a waffle display the license plate and it can't be is obscured and less you have in the in the languages if installed according to manufacturer's specification or generally accepted the installation practices a trailer hitch the trailer being towed by the motor vehicle will chair laughter will chair carrier for a bike rack so this list some specific things that would be an exception what they have if they have those on the back of a vehicle that would partially obscure their license plate and and they would be fine ticket for that and I would take any questions. Sure any questions from the committee senator Chesterville yes thank you Mr senator I guess my great concern use someone with nefarious ideas. Pitsch all of that together can be able to deliver drugs anywhere in the world. If you've got any of that stuff there what is to preclude that from happening. I'm sorry what can you repeat that again yes when we say that you can obscure. But the the license you have a trailer hitch or traders being told by the motor vehicle what is to preclude drug dealers from taking advantage of this and using it to transport folks by simply having a trailer hitch or trailer being towed or even a wheelchair lift off wheelchair carrier what is to prevent them from using this one of your stories well I I don't know that there would be anything specific but right now anybody that has any of those things on the back of their vehicle is in violation of state statute so somebody pulling of a boat behind their vehicles in violation somebody has a bike rack with a bicycle wanted that partially partially X. obscures their license plate currently is in violation of state code so what you're saying here in this building I guess I must of mis read it is that these are exceptions these are not accept these are exceptions that they could you could have those things you could have a bicycle rack on the back of your vehicle and. Licensed in not being violation yes but if somebody. Want to take advantage of that that's what I'm saying. What is to keep them from doing that I mean it seems to me to be hi open season if I get these things here thank you are gonna be paying an additional license plate not just but do what I want to do that's what scares me with it sure and I understand if they still are in violation of any other code that. And all officers felt the need to pull them over there was to have the ability to do that so that would affect any of that this just. Krietz those from that are specifically and there's been a couple communities where people are specifically being pulled over just because they have their bicycle rack on the back of the other vehicle and a couple of actually received a citation and didn't even know that they were out of compliance that you thank you for. Senator English. Thank you I guess of the with the one place I have a problem is a trailer being towed behind by the motor vehicle because of that that bicycle rack is one thing a trailer hitch or wheelchair but a trailer being towed by a motor vehicle don't done the trailer have to have a license plate yes they would actually have its own separate license plate but if you have a boat or trailer behind a vehicle and you pull behind and you can't see the license plate on the back of the actual vehicle itself. So currently if you can't see the license plate on the back of the vehicle you there in violation of current code. But we're gonna make this okay. The still have to have the license the sale of the license of the trailer has nothing to do with the licensing of the trailer but like if you're pulling is a bass boat right now thank you pull behind somebody and can't see the license plate on their truck or whatever school in the best of they're currently in violation of the of the I think this code. I guess I'd like Linda I'm kind of confused here what are we trying to do what we're saying that they're known if they're pulling that's both that they're not gonna be pulled over and potentially find for it unless they don't have a license under the license plate on the trailer then yes that would be it that would be in violation of a different section of all right. Senator cage. A quick question for me one that I've seen really hard to read Senator aids is the goose neck of animal Coleman RB a goose neck I guess it be an RV but a non powered trailer if it's on a hedge it's one thing when they get up into the goose neck does that apply in this. Why I think that could probably be construed as it is some kind of hitch depending on it may not be on your tail gate or on your rear bumper but that still would be technically I wouldn't I would imagine be considered hitch that it would connect to okay I I guess that's my question that those things that you know they have a they have a plate but it isn't necessarily tied to the plate I've seen people switch you know I look at center hill with his daughter running race barrels and stuff with a lot of those traders are goose neck type traders in the the tag on the back of the pull the vehicle that's got a that's pretty tough to see until you're right up on a state trooper a law enforcement would have issue I just need I think you would be a good item and I wonder if we should shouldn't have some other or will see in the future some other applications of forgiveness because you can't see the plates and that's probably a good possibility that with the recent changes and but I did take this language directly from several other states that have already addressed this particular issue. Senator Tucker. Thank you Mr chair. Center a preface this by saying I don't have any idea what I'm talking about on this issue but I just wonder whether would be feasible or a good idea to put it in there that if your license plate is obscured by one of these things then you can display your license plate information somewhere else like in the rear window or or something like that so you can still be available for law enforcement or whatever the case might be is that. Within the realm of possibility I don't have any idea that's what I'm asking. Well I mean that would be something that somebody might want to consider but I think it might be a challenge for somebody to be have to every time you have to connect your vote or whatever back off you have to take your license plate back off and move it so that might be a little bit owners. I was sort of thinking not remove your license plate maybe get a second one or or display the same information on on it so you're not having to take it off each time you can just every time you touch your vote you just put that in your rear window you know kind of on the side but anyway just thought. Senator garner. Thank you. If you took this to the natural enforcement and self Arkansas during duck season you're right probably a thousand tickets a day for people driving boats down there is a common practice I think you just kind of coming up with Lowell to match what's doing throughout the state especially I have a trailer hitch on my truck right now that partially is obscures my plate technically and I could be a violation if we didn't change it so I understand the center look Chesterfield concerns about drug traffickers could use this as a way to not do their plates what I would argue is that if they were doing that such to degree that is outside of how you normally install it safety completely obscured the license plate I think even under this one because it's not the normal use that's not the normal manner factual way to put in there you have called for an overt and potentially find that violation so I think the police officers this morning to see the distinction between bad versus a guy's got a bike rack and when the wheels might be a little bit over the plate kind of thing. Senator Sheffield yeah well since this is first time we've ever heard of it and we've been sitting around here a long time. What has been a mitigating circumstance that makes it so urgent right now. I was actually contacted by them I mentioned from the owner of several stores in Northwest Arkansas who've had. Customers coming in saying that they've been cited in in some of the communities around the area for having the bike rack on the back of their vehicle so there were a state police with this. I'm not heard I'm not heard from them so. Did you reach out to them no I did not okay thank you. And black was I hadn't heard from any concerns of the US and and if the like Senator Pitsch you know said about the goose neck I think any of those trainers can obscure the view of that license plate and and I think some states have I have a license plate requirement on the front of the regal we don't have that in Arkansas and that could alleviate some of these concerns on trucks but that's not what we've got before us and this covers ours our citizens and our constituents so the it is that correct senator each that's that's correct. All right the any other questions from the committee. Saying nine the like clothes for your bill I'm close and I would motion to pass motion and a second by Senator Garner all in favor say aye. All opposed Like sign. The the as have it the past your bill. Thank you Mr chair of the committee. Are you on. Senate bill twelve sixty five for the. Yes Sir hello House Bill I don't see Representative Boyd so I'll go ahead and present this there's no objection from the committee for him to run that here will will from his seat probably that felt that what. Yes. Yes. Or if the. Well it is the only one I have signed up as for eleven PM the seller wants. Yeah that's you know that whenever yeah. The go ahead senator ends on on twelve on house bill twelve sixty five thank you Mr chair of of this bill was brought by Representative void and what it is is a is a proactive rather than reactive a response to places in Arkansas where drivers tend to disregard school buses which are loading and unloading what it does not do is it doesn't affect any kind of penalties or anything like that are currently placed on people that violate this this particular area code it does however clarify. The language use in his nose It kind of clarifies we're those activities would contend to happen we want to make sure that people are aware of the list out a specific space not less than thirty feet in the reason why he put that in there after discussions with several law enforcement organizations was because. Some of the sites that is that we list in this particular update to the code were if the if they're in a location that has lots of space around it like in a parking lot of a of a mall or someplace like that where the public has clear access to it but you know when the bus stops without the sign that you're gonna be expecting to see kids loading or unloading off that particular area so the specific areas that it list as a violation that adds to this or a public street road or highway which we know to tend to tend to be the normal type of locations also public or private property that's open to the general public as in the give the example of a mall parking lot of a school bus stops there you want to give some space with a not get too close then while the students are loading and unloading their. Or a public or private road driveway or parking lot belonging to the school so if they're pulling into the parking lot at a GM or something like that there's lots of space around those but people still to take advantage of this and get too close the vehicle you know when they stop the lights come on the stop sign comes out that they're gonna be loading or unloading potentially kids that time and this just better defines that information of where those areas that would be considered violation around that and I would be happy to answer any questions. The questions from the committee senator garner. Yes Sir. I mean I don't think it's I mean I think it's good bill I just I've seen in like self Arkansas in a room like to rule roads that they'll turn the lights on you know the yellow lights in the kind of which pass sometimes and sometimes it kind of turned a moment of certain time for the red lights and I see people have kind of slam on the brakes to catch up they seem like they're close and that is that any kind of consideration it seems like it didn't happen often I've seen enough where people get they're trying to pass the girl at the trying to go past or not and then they turn the lights on for the red a slander breaks it within that thirty feet technically maybe violating a law when they came to a stop before reaching the bus. I'm up that's a good question that I'm not sure if I could answer because the if I mean do you want to stay if they've coming to a stop that the thing is they're not continuing to address be on the vehicle within the thirty foot zone I think that's the concern mainly is that people continue to try to move on past that would be within that thirty so it's more about trading kind of a area around it so you don't try to try the exact S. seal what the violation since the most times people tending to pass or go right by the bus continuing to move after it's come to a stop and put out the the sign in the lives fair enough thank you. Senator Chesterfield right of the American professional must drive of the amber lights have to come first. We have come on a certain amount of time before the red lights come in people have ample time then if they've seen the amber lights they know the risk but a lot of folks to stagnant the Emma lights don't mean staff I get reading statements just going around. And that's most troubling me and that's why I'm so glad you have this bill because if we don't stop this so many people so many kids are getting killed. I would say it's a national you know tragedy but one key it's a life lost is too many so if we if you see those am I like you know that you're supposed. Just like you would you see the red lights because you know the amber lights indicate that you're coming to a key and stock in that needs to be done to some folks just don't have the patience to wait on it thank you amber means like we do the yellow light in this Act means one okay I get to this like are so I would just appreciate a good vote on and I strongly support the deal thank you thank you Sir thank you senator Chesterfield anybody else have any questions. The Bill. Seeing none of we'll we'll go with senator Chesterfield request if there's anybody in the audience that signed up please raise your hand if you want to speak for against the bill saying nine was will the committee. Do pass but Senator English second by Senator Chesterfield all in favor say aye hi All opposed Like sign you faxed your bill senator aids thank you Mr thank you Committee we will go on to House Bill eleven TN is Senator English if you want to present from there are going to the front. Okay. They're a list. I don't know is that is this amendment on everybody's desk Senator English as. Okay. Okay. Senate. You. You may proceed Senator English and just let your other folks recognize ourselves for the for the record thank you I'm Janie S. Senator Jane English district thirty four and we're here to talk about reattach requiring a state entity to report a security incident legislative audit so I have here with me today Frank Yuri and David Cole with both with legislative audit to will talk about. Okay the feeling traditions if we could center are represented makes if you want to speak the new one hello get a chair. This. Just go ahead and go into a handful that you're upset nine. All right. The Bill had entered into your self for the records and and you're welcome to say. Frank hearing legal counsel legislative audit. I'm David Coles field on it supervisor legislative audit you might want to ask because it's hard for people to hear answer. So whoever wants to proceed with the bill you go right ahead. There are two purposes behind this bill the first is to ensure that the General Assembly has accurate complete information about the problem of data breaches out among public entities you'll note that the bill requires audit to collect reports list those in on an annual basis report them to certain legislative entity so that provide you guys with complete information so you can deal with the problem. The second purpose behind the bill audit needs to know about a data breach because it can affect the financial well being. Whether an entity is a going concern even if a data breach is severe enough we won't know that without timely notification Mr Coles has another a number of examples but I have one that I've been made aware of recently. Pretty major state agency had a data breach we didn't find out about it until a year later but it is now part of our routine auditing to look at security systems that kind of thing too because again that can have a serious impact on the financial well being of an entity so those are the two purposes of the bill we ask that the entities report to us within five days after they find out about something we're not going to need to know much I mean we're gonna do the audit anyway we we don't depend on oddities to tell us everything and again at some point annually will be reporting to the two different bodies of the General Assembly if of if a breach is bad enough and I think the term is significant will report that to list of officials that may need to take action but that's I believe the bill and not shall. You want to add anything Mr Coles. You know what work were published on it agency and we factor in a lot of the risk that's involved with these organizations and when there's a potential security breach or something to that nature then that affects the way that we proceed with audits in their controls us and the significance of the financial statements so there's a lot of key components were not the only state abruptly the state of Missouri is doing this as well and I believe there's a few other so I think it's very important for the job that we have to perform. Thank you Senator Pitsch and then senator garner on July senator garner girl okay. Thank you to questions first love this idea is there any kind of penalty I don't see within this law if they do not report within five days what is the pressure or penalty for us to hold him accountable. Well that would be a finding in and of itself. So that B. as the regular audit finding dating award the law saying they had important in five days okay perfect second question we know there was a breach with one of our agencies here last year deal with unemployment and the stone wall we got it was it a pending lawsuit or issue legal issue. Is there a mechanism to overcome that if that is if they just say listen we couldn't talk about this because of lawsuits or something else what was kind of the negatives we can make sure we can hold them accountable and that. Senator if there are federal laws that that require something be kept confidential obviously we can't do anything here to trump that as a state matter though Ark Code sections provide that if it's confidential where it happens it stays confidence with us and so by requiring this notice regardless of whether there's some sort of investigation going on or not. And hopefully nobody would do this but hopefully give you some assurance that nobody's hiding something by asking the local sheriff for the local police chief to look into it we we we hopefully we'll find out about it if we find out there's a problem with that two years from now we'll come back and try to do something else about it but we should not we don't think we will have any problem learning about this kind of thing we typically don't have any problem learning about things from law enforcement agencies now David five misstated anything. Thank you you want to speak sentiment for regularly. Yes the restaurant and and help ensure question this is kind of a a first leg of a cybersecurity actives that were or working on one of the other bills that I'm trying to develop right now is to create a chief cybersecurity officer for the state so that we have that one person of responsibility so if we have to breach like we had this summer we have a point person who takes responsibility develops the you know how we handle on how to respond to the two incidents like that but the first step of course is we have to have the reporting and know what's going on. Senator Pitsch thank you Mr chairman a Preciado the Bill not like we're going specially the short reporting times got to get out there to the right people I was approached about concerns and I share them with the chairman Senator Johnson and with the sponsors under English the concern was and Senator English rightly so point out that's not in the bill so this call maybe a question where you're just making me feel better or the people that had concerns. But their concern was a data breach of cyber security entry of minimalistic. Magnitude some small. But then they were having to turn over every record pertain to others the university a state agency a a county a city or whatever and as Senator English pointed out to me you can't find that in the bill but you really don't find in the bill either I guess that's what I want you to comment now and it may go to the punishment phase like Senator Garner was visiting with. But what is the what is the scope of what you want based upon. A security breach the words of the security breach happens to be. Whatever example some small basketball tickets or whatever didn't get reported right or whatever and somebody got through cyber security somehow ball ball does that mean a school last turnover every single thing they did or state agency has turned over everything can you kind of make us feel better about that because I think that's a a concern that's out there. Senator the bill Page two line three requires in writing an initial report of the known facts so to start off with all we need to know is what do you know about the breach we're not asking for a bunch of background information that kind of thing. At some point auditor judgment comes into that end and that is something I'm just support history major but the auditors you know they have their standards about what's material about what is substantial that kind of thing to that they have to follow and I'll ask Mr calls to respond to that too. If we see one. Some kid playing around in his dorm got into and got some basketball tickets you know that is probably not gonna upset is too much if we see ten of those you know obviously that's a different matter in the entity has some sort of Publix has some computer problems. So I I don't know if that helps I Mr. Go ahead Senator Pitsch. my mind does Senator Pitsch your mind. Hello sorry it really does come back to for me. You have the ability. To not be disclosing all I mean I've been on audit I understand what you're allowed to do and allowed to know without having to share. I think the concern. It is and some application we want audit to go deeper than just the the superficial scar and and other times we want you to stay just with what the situation is and I don't know that I see and the people that were talking to me see and this bill that and I don't know how you'd even codify that I mean if it's something minimalistic. And we keep it as a minimalistic saying or do you need to know every single thing about that and that the and so that's kind of if you can make that feel better I think this bill which is a great bill side. The I. T. guy may want to take a stab at this so to kind of piggyback on what Frank said earlier when we look at the there's different levels of breaches and we all know that if it's in us a small incident that happens if it's reported to the legislative auditor. The the field auditors look at that and using auditor judgment can say okay this was a one time of the at it the controls were in place but there was some circumvent somebody circumvented to control the University fixed it or the agency fixed it or the county fixed it But you know if it's a significant enough issue that you know we were dealing with one now where a school was ransomware the insurance carrier was activated when they come in they do a complete forensic report and historically at the end of that report I'll pass that on to us we we put it in our work papers a we review to ensure there's no systemic control issue. But the smaller ones you know when we come on site we look at those and we say okay this was a one time event will document it I move on you know there's there if that's not something that they're going to activate a or or bring and activate insurer to bring in the forensics team to come in and do we have to use our judgment we do it all the time is this this is Ryan this is risk rise to the level that causes reckoned as concern or not and that's that's how we do our audiences we we look at the red you know we we have to be able to be comfortable with the risk of it rises to a greater level we might take a little bit more otherwise will note it and we'll move on. Senator Chesterfield. Thank you thank you Mr chairman thank you for the bill represented makes us serve on on for some time of. And we we do have reporting of when. Of individuals or individual entities not taking the proper precautions to take your the records and all of that. And what is of concern to me is when we talk about mental illness minimalists easy for me to say I remember in my checking account someone we needed to get forty five cents. And I got away with taking up forty five cents. And then the next day they took out fifty cents. And then eventually they went to three hundred dollars so I worry about us talking about minimalism simply because. I've seen what minimalism. Can escalate shoot so I am just wondering if if people are allowing a single breach to go unchecked. What is to preclude somebody else using another check from coming back and exploiting that minimalist's breach and that's that's why I am a in support of this bill would you agree. I would definitely agree in in in in your case they were simply testing the waters and in that happens all the time you know cyber security is a dot dynamic ever growing problem in in this country and we're seeing the effects of the state of Arkansas it's nation wide it's worldwide and you know for us to be prepared out a new Representative makes is making a push for cyber security so it's it's important that we we at least have a mechanism where we port report it we know what's going on and in the smaller incidences that's were auditor judgment comes in we see this one breach it happened one time it could have been an inadvertent incident things like that do happen. But to make the determination that it was inadvertent you know I I can go in and you know type in my password into my bank account and if I get it wrong it kicks me out I can only do it so many times before I have to reset it if somebody has my credentials and they go out may take forty five cents out of my account they're testing the waters they have somehow figured out how to get into my bank account in that order judgment we will look at that and we will say okay this was a one time of the at there's a reasonable explanation. But if there's not a reasonable explanation it could be the case of senator Chesterfield supplies destined the waters. Senator. Thank you Mr chair and eco everybody's gratitude for the push for cybersecurity I just have a question about the last line of the bill which exempts. Reports from four years and I can guess at the rationale for that but I'm just curious to hear yells thought process behind it. Senator we were contacted by a Representative from the city of little rock with this concern if if they turn this information over to us. That is a red flag to somebody who could fully at it and know who who is compromised out there. And so the thought is this fits within the definition of that exemption it would be a security measure to prevent a breach by not releasing this information and so that's kind of the that is the thought that went on behind that. That makes sense thank you. And and senator the up for your task force look at it the other day and they voted that that that was and in favor of it. Thank you thank represent. During the other comments or any questions from the committee. The. The body what a man of the only to to speak for against this bill is that table review body and the audience or to speak for against the bill please raise your hand. Saying nine what's. Motion by US senator Chesterfield second by Senator Hill All in favor say aye. All opposed Like sign. Thank you senator English you pastor bill. If there's no other business anybody know any other business to come before the committee saying nine the thanks everybody for coming and we're Journal.