Said in CommitteeBeta

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Public Transportation- House

April 8, 2025 ·10:00 AM ·Room B, MAC ·39:25
Video Transcript 1 document

Bills discussed (13)

Bill Title Sponsor Status
HB1745 Act 604 · 11 mentions in agenda, transcript, chapter
Matched: “…Steimel CONCUR IN SENATE AMENDMENT Number Sponsor Subtitle HB1745 Hawk TO REQUIRE CERTAIN COMMERCIAL DRIVER LICENSE HOLDERS T…”
TO REQUIRE CERTAIN COMMERCIAL DRIVER LICENSE HOLDERS TO POSSESS A UNITED STATES WORK AUTHORIZATION; TO … Hawk Notification that HB1745 is now Act 604
SB540 Act 702 · 10 mentions in transcript, agenda, chapter
Matched: “runs SB 540, if you would introduce yourself and. who's with you to tes…”
TO LIMIT THE SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE OR IMPOSITION OF RESTRICTIONS ON … M. Johnson Notification that SB540 is now Act 702
HB1988 Act 930 · 4 mentions in transcript, agenda, chapter
Matched: “…sentatives. We're gonna recognize Representative Tash here, House Bill 1988.”
TO AMEND THE LAW CONCERNING THE DISTRIBUTION OF AUTO AUCTION FEES FOR SALVAGE-TITLED OR PARTS-ONLY … Tosh Notification that HB1988 is now Act 930
SB492 Act 699 · 4 mentions in transcript, agenda, chapter
Matched: “…ntative Lanford, you're here, Langstrom, you're here to run Senate bill 492. Would you please introduce yourself, and you may proceedst…”
TO AMEND THE LAW CONCERNING THE RELOCATION OF UTILITY FACILITIES; AND TO AMEND THE LAW … J. Bryant Notification that SB492 is now Act 699
SB496 Act 700 · 4 mentions in transcript, agenda, chapter
Matched: “Holliwell, District 37. Uh, I have a bill here, Senate Bill 496, it just changes one word, it changes the word dealer”
TO AMEND THE LAW CONCERNING PERMITS FOR SPECIAL CARGOES; AND TO AMEND THE LAW CONCERNING … Caldwell Notification that SB496 is now Act 700
HB1284 · 2 mentions in agenda, chapter
Matched: “…rs and Staff Only'. DEFERRED BILLS Number Sponsor Subtitle HB1284 Unger TO AMEND THE LAW CONCERNING THE SUSPENSION OR REVOCAT…”
TO AMEND THE LAW CONCERNING THE SUSPENSION OR REVOCATION OF A PERSON'S DRIVER'S LICENSE FOR … Unger Died in House Committee at Sine Die adjournment.
HB1371 · 2 mentions in agenda, chapter
Matched: “…D TO AMEND THE LAW CONCERNING A RESTRICTED DRIVER'S PERMIT. HB1371 Wardlaw TO REPEAL THE REQUIREMENT FOR THE COMPLETION OF A H…”
TO REPEAL THE REQUIREMENT FOR THE COMPLETION OF A HUMAN TRAFFICKING PREVENTION COURSE FOR THE … Wardlaw Died in House Committee at Sine Die adjournment.
HB1623 · 2 mentions in agenda, chapter
Matched: “…ION COURSE FOR THE ISSUANCE OF A COMMERCIAL DRIVER LICENSE. HB1623 J. Moore TO EXEMPT H-2A VISA PROGRAM PARTICIPANTS WHO HAVE…”
TO EXEMPT H-2A VISA PROGRAM PARTICIPANTS WHO HAVE A VALID INTERNATIONAL DRIVER'S LICENSE OR PERMIT … J. Moore Died in House Committee at Sine Die adjournment.
HB1989 · 2 mentions in agenda, chapter
Matched: “…ERNING THE ACCESS OF ALL-TERRAIN VEHICLES TO UNPAVED ROADS. HB1989 Cavenaugh TO AMEND THE LAW CONCERNING USED MOTOR VEHICLES B…”
TO AMEND THE LAW CONCERNING USED MOTOR VEHICLES BUYERS PROTECTION; AND TO AMEND THE LAW … Cavenaugh Died in House Committee at Sine Die adjournment.
SB261 · 2 mentions in agenda, chapter
Matched: “…ROM THE SKILLS PORTION OF THE DRIVER'S LICENSE EXAMINATION. SB261 A. Clark TO AMEND THE LAW CONCERNING THE OPERATION OF AN AL…”
TO AMEND THE LAW CONCERNING THE OPERATION OF AN ALL-TERRAIN VEHICLE ON CERTAIN ROADS; AND … A. Clark Died in House Committee at Sine Die adjournment.
SB397 Act 931 · 2 mentions in agenda, chapter
Matched: “…TE RELATED OFFENSES. REGULAR AGENDA Number Sponsor Subtitle SB397 D. Wallace TO PROTECT CONFIDENTIAL PERSONAL INFORMATION OF…”
TO PROTECT CONFIDENTIAL PERSONAL INFORMATION OF RAIL EMPLOYEES IN REPORTS INVOLVING RAILROAD FATALITIES. D. Wallace Notification that SB397 is now Act 931
SB562 Act 704 · 2 mentions in chapter, agenda
Matched: “SB562 Hill TO AMEND THE LAW CONCERNING THE OFFICE OF INTERNAL AUD…”
TO AMEND THE LAW CONCERNING THE OFFICE OF INTERNAL AUDIT; AND TO REPEAL THE REQUIREMENT … Hill Notification that SB562 is now Act 704
SB5 · 1 mention in transcript
Matched: “OK, members, we're gonna hear a Senate Bill 5. 562 Uh, by Senator Hill and, uh, Representative Holcomb, y…”
TO ADD THE CRIMINAL OFFENSE OF PRESCRIPTION DRUG HARM OR HOMICIDE. B. King Died in Senate Committee at Sine Die adjournment.

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Representative Mike Holcomb Chair Unverified 0:00
We're about to get started. Chair sees a quorum. We're going to kind of deviate from the agenda just somewhat today. Representative Lundstrom, you're here to run Senate Bill 492. Would you please introduce yourself and you may proceed. State Representative Robin Lundstrom,
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Representative Robin Lundstrum Unverified 0:23
District 18, and I also have the senator here as well. Senator Bryant. Yes, Senator Bryant, District 32. Y'all may proceed. Thank you so much. This bill is kind of just a quick back story. This bill had at least 30 people from the Highway Department, all the utilities, and construction folks got together thanks to Senator Bryant's hard work. They've been meeting for quite a while to make the highway process or building a highway in Arkansas much a cleaner process. It's a degreed-upon bill that relocates utilities needed for highway construction to address the concerns from the Arkansas Transportation Department and contracting community and the utility community. And behind me, you can see a lot of these people have put their heart and soul into trying to make this process cleaner. And with that, I'll let Senator
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Senator Joshua Bryant Unverified 1:15
Bryan answer any questions. Yeah, thank you, committee. Yeah, it started for me in 2023 with Representative Feit. He was here and he had an idea to help address some of the needs on how utilities were being relocated in the wake of an RDOT project. There are several issues in his district as well as mine where contractors were losing money, commuters were losing valuable commute times because of the issues. And really what it came down to was what I thought may be an imbalance, but what it was was just maybe relationships that were strained because it is hard for utilities to get relocated on large projects. So the goal was to basically reshape and restructure, and what we found out was communication was key. And having a bill that restructures communication and outlines specific tasks, specific scheduling requirements with penalties that both parties agree on that are advantageous to the general public is where we came up with this in this bill. So a unique part of this is as we were going back and forth negotiations, the municipal utilities had a different take on it where they wanted RDOT to have the flexibility to move their utilities because it's basically government to government, whereas private utilities did not want RDOT to exercise any authority to relocate their utilities. So it was a fair compromise. I believe it will be generous to the public and to the commute times and to the taxpayer to save money. Okay, any questions from committee?
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Speaker 13 2:43
I've seen Whitaker thank you mr. chair just a real quick question this sounds like a grand idea because in in the past in my district we've had some real issues with this problem I'm just curious would it you would it apply to water authorities yes thank you yes any other
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Representative Mike Holcomb Chair Unverified 3:06
questions for committee I spoke with John Bethel from energy he said y'all had made some amendments and address
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Representative Denise Jones Ennett Unverified 3:11
their concerns john do you still need to speak or do you are you happy with it okay uh i've got one more and i cannot read the name i think it's hill last name hill you're
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Representative Mike Holcomb Chair Unverified 3:27
good okay anyone here to speak anyone else speak for against the bill okay thanks
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Representative Stan Berry Unverified 3:38
Representative Berry Thank you Mr. Chairman What areas does this apply to Statewide
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Senator Joshua Bryant Unverified 3:46
Statewide, any RDOT project statewide on their infrastructure Okay, thank you Any
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Speaker 15 3:59
other questions from committee Hearing none Would you like to close? Colleagues, I'd like
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Representative Robin Lundstrum Unverified 4:06
to say again how much I appreciate Senator Bryant, but also RDOT, utilities, the construction folks. Everybody got together, and they parked their egos outside, and they put the adults in the room, and we reworked something that needed to be done since 1970. And this will help get our construction projects moving along a little bit quicker. And with that, I would appreciate a
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Representative Mike Holcomb Chair Unverified 4:28
good vote. Okay, thank you. What's the will of the committee? Representative McElroy, you recognize? have a motion do pass any discussion seeing no discussion all in favor say aye any opposed same like sign hearing none congratulations your bill passes thank you colleagues thank you for your time represented Tosh we're going to recognize represent Tosh here House Bill 1988
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Speaker 37 5:01
may present introduce yourself and proceed mr. chair also
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Jones Shipley Unverified 5:12
uh i'd like to ask that have at the table with me uh the uh attorney for the arkansas state police just introduce yourself please ma'am just punch the
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Representative Mike Holcomb Chair Unverified 5:21
button there all right good morning my name is jones shipley i'm chief of
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Speaker 45 5:26
staff for the department of public safety Thank you, ma'am. All right, you may proceed.
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Jones Shipley Unverified 5:32
Thank you, Mr. Chairman. Committee members, this bill was brought to me by the Arkansas State Police. Several years ago, there was legislation that was passed here by the General Assembly that authorized the state police or put the state police to be responsible for these auto auctions around the state. When they did that, that legislation also assessed an administrative fee that was, according to the legislation, had to be used strictly for the administration of that program, the auto auction program. However, over the years, that program has accumulated about $900,000 currently. And the problem is the state police, they are unable to use that money because of the language in the legislation that was there when it was passed. What they're doing is just simply requesting that at least half of that money be transferred over to the state police general operations funds so they can use that money elsewhere. A good example they gave me was currently troopers are in need to update their tasers, and that's just one example. But it will give them the flexibility to be able to use that money where it's needed instead of having to come back to this General Assembly and ask for more money. So with that, I would take any questions. Do you have anything to add to that? I think our expert just arrived. Colonel, would
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Speaker 46 7:02
you introduce yourself to the comedian? Yes, sir.
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Representative Mike Holcomb Chair Unverified 7:05
I apologize. I'm late. I'm Mike Hager,
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Speaker 50 7:08
Secretary of Department of Public Safety and Director of State Police. Thank you for being here.
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Jones Shipley Unverified 7:14
Colonel, I just presented the bill and was to the point to ask any questions. So I guess with any questions, with the Colonel and Shipley, hopefully we can answer them. Representative Richmond, you
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Representative Marcus E. Richmond Unverified 7:28
recognize? Thank you, Mr. Chair. Representative Tosh, did Senator Payton give his okay on this auto auction bill? We hadn't
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Representative Dwight Tosh Unverified 7:36
heard from Senator Payton, so I'm not sure. Any other questions from committee?
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Jones Shipley Unverified 7:44
Anyone here to speak for or against the bill? Seeing no questions, would you like to close? Mr. Chairman of the committee, appreciate your time, and I'm closed with the bill
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Representative Mike Holcomb Chair Unverified 8:00
and appreciate a good vote. Okay, thank you. Representative Richmond, you recognize? Motion to pass. I have a motion to do pass. Any discussion? Seeing none, all in favor say aye. Aye. Any opposed, same like sign. Hearing none, congratulations, your bill passes. Thank you, Mr. Chairman. Thank you for being here. Thank you, committee. uh representative hollowell uh here to run senate bill
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Speaker 59 8:29
496 you introduce yourself you may proceed uh state representative steve
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Representative Steve Hollowell Unverified 8:32
hollowell district 37 i have a bill here at senate bill 496 it just changes one word it changes the word dealer to hauler this is like a farm equipment dealer sometimes they hire another person to haul their equipment so this just transfer lets the hauler get the permit instead of the dealer the dealer can also be the hauler but he can also hire an outside hauler to haul his equipment also that's all it does changes one word
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Representative Mike Holcomb Chair Unverified 9:04
okay any questions from committee you recognize thank you mr
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Speaker 25 9:13
chairman just uh motion do pass at the appropriate time okay any
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Representative Mike Holcomb Chair Unverified 9:16
other questions from committee anyone here to speak for against the bill seeing none representative car you recognize i make a motion do pass i guess you're closed i'm closed you're closed i have recommend recommendation of do pass any discussion from committee saying none all in favor say aye any opposed same like sign hearing none congratulations your bill passes thank you committee okay representative hawk uh you're here to concur and send an amendment uh house bill 1745
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Representative RJ Hawk Unverified 9:51
you may proceed introduce yourself thank you mr chair committee this is house bill 1745 that we passed not only in this committee but on the house floor and when we got to the senate end we made a couple corrections so if you remember correctly uh what this amendment does uh this was pertaining to work authorization forms. Um, we, as we went through the process a little bit more, we realized that was a little broad, the term work authorization. So we took it down to, uh, a work visa. We added that into the, into the bill. Also in the bill, we added, um, to the drivers and that need to have English proficiency, uh, into the bill. So, uh, that was something that people were asking for. And, and we talked with the attorney general a little bit more about this and he determined that we could in fact uh get that done here in arkansas and so that's all we added to the bill uh and it passed uh without any opposition into the senate thank you any questions from committee
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Representative Mike Holcomb Chair Unverified 10:59
seeing none we have one person to speak against the bill uh shannon everett mr everett if you will approach bench identify yourself and you may
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Speaker 73 11:19
proceed just punch punch the button there turn green there you go okay
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Speaker 75 11:24
introduce yourself yep shannon everett american truckers united uh chairman and distinguished members of the house transportation committee i just want to thank you for the opportunity to address you today regarding hb 1745 this bill was recently amended to include provisions for a valid work visa and English proficiency for foreign commercial drivers on Arkansas roadways. I come before you to express serious concerns about the legislation, concerns rooted in safety, accountability, and the well-being of our state and nation. Let's begin with the amendment requiring a valid work visa. On its surface, this might sound like a reasonable safeguard, but let's dig into the reality. The Arkansas Trucking Association has already testified before the Judiciary Committee that foreign commercial driver's licenses are often counterfeit, fake documents that undermine any sense of security on the highway. The original intent of this bill, we were told, was to require more regulated, harder-to-forge employment authorization documents, or EAD cards. Yet this amendment falls far short of that promise. By simply adding a valid work visa, it opens the door to unvetted B-1 tourist and business visitor visas. Drivers who won't possess EAD cards, but will make up over 90% of the foreign commercial driver's licenses on our roads. What does this mean for you as legislators? Your vote on this bill would mark a historic shift. Up until now, foreign commercial drivers have operated on our highways, not because of state law, but because of federal agency actions and trade negotiations, loopholes beyond your control. A vote for HB 1745 changes that. You would become some of the first state legislators in the nation to go on record supporting unvetted foreign commercial drivers on our highways. This isn't just an Arkansas issue, it's a national precedent. And with that precedent comes responsibility, not just for the policy, but for the accidents, the fraud, and the glaring gaps in national security that will follow. This isn't closing a loophole, it's codifying one end of state law. Now let's turn to the Second Amendment, English proficiency. Again, it sounds reasonable. Who wouldn't want drivers to understand road signs, safety signs? We put that in a bill that hasn't been brought before committee yet. But these regulations are already in existence in federal law and aren't being enforced. So what good is a rule if there's no mechanism to ensure compliance? Worse, without proper vetting tied to EAD cards, many of these drivers will be operating on these visitor visas that I described. If they violate this proficiency standard, how do you hold them accountable? You can't collect a fine from someone who doesn't live here and who is already gone and can't be extradited in for court appearance. You're not putting their truck out of service or impounding their vehicle in this law. This provision is toothless, an empty gesture that does nothing to address the real dangers on our highways. In summary, we oppose HB 1745 because it fails to address the imminent hazards already plaguing Arkansas highways. It takes federal loopholes, problems we've long criticized, and enshrines them into state law, putting Arkansas at the forefront of a policy that jeopardizes safety and accountability. This bill would still leave the deaths of Mark Bryant and Scott Miller, tragedies that are tied to these issues, unaddressed and unpunished. It would still allow American jobs to be replaced by foreign drivers with no reciprocal opportunities for our own truckers abroad. And it would still leave our roads vulnerable to fraud and danger. Members of this committee, your vote on HB 1745 is not just a procedural step. It's a statement. It's a decision about whether Arkansas will lead the way in protecting its citizens or become the first to legitimize a broken system. I urge you to reject this bill and send a clear message. We will not trade safety for shortcuts nor accountability for expediency. Let's keep Arkansas roads safe, secure, and fair for all those
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Representative Mike Holcomb Chair Unverified 14:55
who call the state home. Thank you. Thank you, Mr. Everett. Any questions from Mr. Everett from committee members? Thank you for your testimony. Anyone else to speak for against the bill? Seeing none, no questions from committee. You can close, Representative Hall.
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Representative RJ Hawk Unverified 15:18
Thank you, Mr. Chair. and uh you know once again i would say that uh everything that he just said uh when it comes talking about the ead that's for residents and what we're saying is that we are trying to crack down on fraudulent cdls from mexico that's the big thing what we're trying to do they can already drive in the united states because of federal law right and so what all we're saying is before you enter into the united states you got to contact the federal government and get this documentation in addition to what they already have so that we know that they don't have a fraudulent CDL. And now we've also added the English proficiency to this. And so, look, it's a good bill, I think. And, by the way, the state of Texas did this last session. And so we aren't the only state that is doing something like this to counteract this. With that being said, I would appreciate a good vote, and I make a motion to pass.
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Representative Mike Holcomb Chair Unverified 16:13
All right. Thank you for any questions. Okay, do I have a motion from anyone on the committee? Representative Hawke has a due pay. Any discussion on the motion? Hearing none, all in favor say aye. Aye. Any opposed, same like sign. Hearing none, congratulations.
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Speaker 80 16:35
Your amendment passes. Thank you, committee. Anyone else here? Let me do this right
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Speaker 81 16:45
quick. Can you take this? Thank you.
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Representative Richard Womack Unverified 17:15
okay members we're going to hear uh senate bill five five six two uh by senator hill and representative holcomb you're recognized to begin your
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Representative Mike Holcomb Chair Unverified 17:31
presentation thank you mr chair committee mike holcomb district 93 this is a really simple bill it just does away with a duplicate reports That's actually all it does. The same RDOT standards applied by the Office of the Inspector General are used by RDOT. And so we're actually just doing away with one report because it's already being done by someone else. It just eliminates additional audit requirements and reports. So that's basically it, and I'll be glad to answer any questions. Okay, thank you. Any questions from members? I don't see
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Representative Richard Womack Unverified 18:02
any. Is anybody in the audience here to speak for or against this bill? I don't see any. I guess you're recognized to close for your bill. I'm closed, and I recommend to do pass. All right. We have a motion on the table. All those in favor, say aye. Aye. All opposed, same sign. Congratulations. You've passed your
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Representative Mike Holcomb Chair Unverified 18:49
bill. Thank you, sir. Representative Ennett, you're recognized to run SB 540.
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Representative Denise Jones Ennett Unverified 19:04
if you would introduce yourself and everyone who's with you to testify and you
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Olivia Cox Unverified 19:09
may proceed good morning Transportation Committee I am State Representative Denise Ennett District 80 parts of downtown Little Rock and Pulaski County and today I have miss Cox here to help me present Senate bill 540 miss Cox would
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Representative Mike Holcomb Chair Unverified 19:24
you turn your mic on there and do yourself please yes my
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Speaker 97 19:28
name is Olivia Cox I'm a nurse practitioner I specialize in adult neurology so i'm here representing neurology providers here across the state thank you ma'am
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Olivia Cox Unverified 19:38
representative in it you may proceed yes um arkansas currently does not have any um anything um any laws about um driving after you've had a seizure um this bill simply put put in law that it's six months seizure seizure seizure i'm sorry i've been running i'm running three bills Right. I'm sorry. We're all in the same place So this would put into statue that Six months after you've had a seizure Currently in the rules DF and a have rules this 12 months So this is going to bring it up to bring it down to six months and I have miss Cox here to answer questions if the committee has any questions Miss Cox you gonna testify you
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Representative Mike Holcomb Chair Unverified 20:25
won't take questions first you got if you got comment. Go ahead I would love to take
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Speaker 97 20:30
questions. I've got a brief statement I'd like to make really quick that I hope will answer most of them. Again, my name is Olivia Cox. I've been working as a nurse practitioner specializing in adult neurology for the last eight years. The goal with this bill, SB 540, is to align Arkansas state law with evidence-based practice regarding driving restrictions in persons who have suffered from a seizure. Current policy, and again, that is a rule through the DFA, requires a 12-month seizure-free interval. SB540 will reduce that to a maximum of six months, which is in line with the majority of other states, 38 other states, okay? And so, you know, I talk about here how difficult conversations are a major part of our job in neurology where most of the diseases we treat are chronic, progressive, and often have very few treatments. That said, I can tell you with certainty that the most difficult and dreaded conversations that I have with patients always pertain to persons who have suffered a seizure and how it impacts their ability to drive. Unfortunately, these conversations occur just about every day. I had one this morning before I headed this way. The ability to drive is a key factor in quality of life, and when that ability is restricted, it significantly affects an individual's autonomy, their ability to work, and to care for their families. These are the trends that we see in the literature. States with mandatory reporting and prolonged seizure-free interval requirements, such as ours, do not reduce the risk of seizure-related motor vehicle fatalities compared to shorter seizure-free intervals. In fact, longer seizure-free interval requirements and mandatory clinician reporting increase the likelihood of unlicensed driving and patients withholding information about their condition from practitioners. SB 540 will bring Arkansas closer to the American Academy of Neurology, American Epilepsy Society, and Epilepsy Foundation of America 2025 position statement that was released in March of this year, and it balances public safety with the rights and quality of life for individuals with epilepsy. That said, I'd love to take any questions. Any
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Speaker 100 22:38
questions from the committee? Representative Womack, you should
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Speaker 23 22:44
be on. Let's not. Just press it. Thank you. So I don't have any opposition to
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Representative Richard Womack Unverified 22:51
this in theory, but how would this play out in the real world? Like I'm wondering, like the Office of Driver Services, how would they know the last date of the last seizure and those kind of things? Typically it's going
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Speaker 100 23:05
to be in their medical reports, their medical charts, right? And so oftentimes
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Speaker 97 23:09
what ends up happening is that it ends up being an issue of liability, right? So if I have a patient that, let's say, yes, you're right, we don't report them. And so in theory, you know, they could get pulled over and they could have their driver's license run and they're not going to have anything come back. But if they were to have some type of accident that were to happen, seizure-related or not, maybe they were to injure someone else, but this is shortening that interval there of not driving. But, again, all practitioners across the state are telling all of their patients, whether they're epileptic or not, maybe they just had a one-time seizure, that if you have a seizure, you can't drive for 12 months. And so we're just
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Representative Richard Womack Unverified 23:51
trying to shorten that interval. Okay. So, but back to just, like, the practical application, how does this Office of Driver Services know? I mean, if they're the ones making the call, like, this is a six-month deal now, I mean, are the people required to go self-report? Yes. Well,
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Speaker 97 24:10
no, they're not required to self-report to the Office of Driver Services, but they're just, it's operating under good faith. And so we're trying to increase the compliance with operating under good faith and operating under the
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Speaker 100 24:22
seizure-free interval, the shortening requirement here. We're trying to – does that make sense?
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Representative Mike Holcomb Chair Unverified 24:30
Well, our confusion is the reporting. Who knows when they had a seizure and who knows when they didn't? The vast
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Speaker 97 24:37
majority of states do not require any reporting to the Office of Driver Services. And so it's an issue of, I think, good faith and then also ability to get their license. So we have patients that will be 15 years old and are going to get their driver's license for the first time if they've had a seizure within 12 months and they can't even apply for the license.
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Speaker 31 25:03
I think we're not trying to kill you, Bill.
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Representative Mike Holcomb Chair Unverified 25:06
We've just got some concerns about reporting. If we're not reporting, it seems to me like there would be some way to keep record of how we're going about this. I mean, so DF&A can know to enter it, so our police officers will know. So I see we've got someone else wanting to testify, so if you will, Representative Bennett, is that all right with you? Yes, I have Allison Johnson here. Ms. Johnson, please
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Speaker 72 25:31
introduce yourself, who you're with, and you may proceed.
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Speaker 110 25:34
Allison Johnson. I'm an epilepsy advocate. Currently, to answer your question, currently right now, there's a rule made through DF&A, Department of Driver Services, that says that if a person has a seizure, that they cannot drive for 12 months. They have to be seizure-free for 12 months. There is currently not a requirement for doctors to report to the Department of Driver Services if one of their patients has a seizure, and that's the way it is almost across the nation. One of the major reasons for that is because you can imagine a patient-doctor relationship can be greatly damaged if, like, their doctor is telling on them to DF&A. So what is currently happening and has been happening for many years is, just like Olivia said, when a patient goes in front of a doctor and says that they've had a seizure, what they have to explain is right now Arkansas law says you can't drive for 12 months. And so that is expressed from the doctor to the patient. There is no mechanism regarding the reporting to DF&A. Now, if a doctor chooses, a doctor can right now, by option, if they are in fear of a patient and they're driving, you know, that their seizures are out of hand and whatnot, they can report a patient. And that is voluntary. But we do not want to require doctors to tattle on their patients to DFNA.
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Representative Mike Holcomb Chair Unverified 27:16
Well, Ms. Johnson, you see our dilemma. We're not saying six months is any different than 12 months. Our dilemma or what we're concerned with is the safety of the people out there driving if it's not reported some way and how we could. Of course, I assume that if they wanted to drive, they'd drive anyway, but that's what we're trying to figure out. I see we have questions from committee. Representative Richmond, you're recognized. yeah wait a minute hold it now try to go there we go thank you mr. chair
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Representative Marcus E. Richmond Unverified 27:55
again I guess we're one of the few states or maybe there's many states that do not require the doctors or somebody to report to DFA that this individual has had a seizure or whatever so we don't keep up with that at this time but passing this bill will it will it help address or mitigate liability issues for somebody that you know instead of that if I suspect that if I had a seizure I go out and I drive within that 12-month period right now and I have an accident even though it wasn't because of a seizure or anything else that I would be at a higher level of liability on that and that moving it that six months then that reduces that higher level of liability is that what we're trying to accomplish here maybe I think that's part of it and then I mean I
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Speaker 97 28:48
think part of it too is that I mean how did they know now there's not a reporting requirement now for 12 months and so we're just trying to we it's not being reported now and so there's not a change in that aspect of it we're just trying to shorten the interval of what we can tell our patients that they're able to drive.
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Speaker 100 29:07
But yes, I do think it changes liability if it's a non-seizure related
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Speaker 110 29:13
accident and so we have a shorter interval for that. I will add that there was a study done in Maryland that estimated the difference in time between certain intervals and basically they found that there is no difference in intervals related to seizure related accidents. A seizure can happen anytime. it's based on medication and other circumstances so someone could go a month and have a seizure they could go two years and then have a seizure what we don't want to do definitely is restrict anything
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Speaker 117 29:43
and damage any patient doctor relationship well I would dress this to miss
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Representative Mike Holcomb Chair Unverified 29:49
Cox or miss Johnson either one I would I would assume that probably there's lots of people that have seizures and do not report it because they know they're gonna lose their driving privileges for a year or so.
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Speaker 97 30:00
Correct. So in that same study out of Maryland in Arizona, we saw that a shorter interval showed an increase in patients who were willing to report that they'd had a seizure and therefore seek
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Representative Mike Holcomb Chair Unverified 30:09
treatment. I get that. Okay. Any other questions from committee? Representative Brough, you recognize? You know, I'm
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Representative Matt Brown Unverified 30:17
starting to understand this, but what is it going to change? I know from 12 months to six months, but who's going to know? Is Is there any way you can show that? That's a
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Speaker 110 30:30
great question. Basically, the doctors. Right now, doctors are telling their patients currently, as Olivia said she did today, telling their patients, if they come in, they report a seizure, they're getting treatment, and they say, you have to go 12 months without driving. This would change it, so they would say it would be six months, and the rest would be made up in rules in DF&A regarding a lesser amount of time depending on the other type of seizure and stuff like that. But this just simply, in the code, it simply says that driver services shall not
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Speaker 124 31:05
restrict a license for a person that has had
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Representative Matt Brown Unverified 31:09
a seizure for more than six months. Okay, follow up. Okay, so would it be a good idea to have documentation saying six months or so? Would it make sense to amend that to say in six months or 12? Somebody needs to be accountable to that, that's what I'm thinking. Isn't that what the bill does? Yeah. Okay. I'm sorry. Okay, Representative,
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Representative Mike Holcomb Chair Unverified 31:38
we're not trying to kill you here. We're just trying to get – we're just being informed. We were not aware of how this works, and so we're just asking these questions to be enlightened about really what's going on and if there's anything else we need maybe do in the future to help with this. So you understand that. Okay. Any other questions from committee? I see no one to speak for against the
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Olivia Cox Unverified 32:07
bill. Would you like to close, Representative? Thank you for this robust conversation about the bill. SB 540 will take a significant step towards updating our state's policy to reflect current medical understanding and ensure that individuals who have experienced seizures are treated with fairness and empathy. This bill not only prioritized public safety, but also acknowledged the capabilities and rights of those affected, fostering a more inclusive and just society. And I would ask for a
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Representative Denise Jones Ennett Unverified 32:38
good vote. Thank you. Thank you, ma'am. What's
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Representative Mike Holcomb Chair Unverified 32:41
the will of the committee? Representative McElroy, you recognize? I have a motion to do pass any discussion from committee. Seeing none, all in favor say aye. Aye. Any opposed, same like sign. Congratulations, your bill passes. Thank you. I'd just like to take a minute to recognize a former highway commissioner, former chairman of this transportation committee who I was vice chair under, Ms. Prissy Hickson. Ms. Prissy, would you kind of give her a hand if you would, folks? Thank you for being here today. She served the state well. We appreciate you visiting us today. Okay, hang
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Speaker 130 33:22
on just a minute. Okay, Representative
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Representative Mike Holcomb Chair Unverified 33:27
Rye, you prepared to run Senate Bill 397. You may approach, introduce yourself, you may
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Representative Johnny Rye Unverified 33:51
proceed. Thank you, Mr. Chairman. It's a pleasure to be with you today. Thank you, sir. Yes, sir. Gentlemen and ladies, this bill that we're working on here is strictly for confidentiality for the people that are driving trains that are having wrecks. It happens every now and then. I have Gerald Sale with me here from Smart Transportation, the director, and I'm going to tell you just a little bit about this so that you'll understand what we're trying to do. It's crucial in addressing, oh, I need to identify myself. Isn't that right, sir? Johnny Wright. We appreciate it, Mr. Wright. State Representative Wright, District 36. I'm sorry, sir. This bill is crucial in addressing the challenges faced by train crews, particularly in the context of the emotional toll and potential harassment that they face during a fatality. Unfortunately, almost every conductor or engineer will be involved in at least one crossing fatality during their career. Most will experience more than one. In the event of an accident, the crew is responsible for assessing damage to infrastructure, equipment, and human toll. Critical information must be relayed to first responders as quickly and accurately as possible. While this is the duty of all of us to accept, it exposes crews to ghastly scenes. Due to the stress that crews experience, they are immediately relieved and provided time off and counseling if requested. The industry has done an admirable job in accepting and trying to mitigate the lingering effects of fatalities. The reports, which is a very important situation, the reports involving railroad fatalities and all communications between police officers, trained crew members involved in these occurrences shall be maintained by the police departments and any persons in subsequent possession thereof listed below in a manner that ensures the confidentiality of the train crew's private information. Any reports made public shall have train crew members' private information redacted. However, upon written or electronic mail requests, such reports shall be accessible at all reasonable times. And, Gerald, you may want to give them a little recap of what we're trying to do sir it's up to you gerald
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Representative Mike Holcomb Chair Unverified 36:31
if you will introduce yourself who you're with and if you got if you
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Speaker 133 36:35
want to thank you mr chair uh gerald sales smart transportation uh division i want to thank the chair and the committee for allowing me to be here today uh pretty simple i've been a conductor 21 years i've been involved in fatalities unfortunately and what this really does is it just will allow for us to remain anonymous most of these fatalities are through no fault of our own we're kind of trapped on there and see everything unfortunately um we went ahead and we worked with the press association to make sure that they didn't have an issue with it we made some changes for them we made some changes for foya and the railroads as well so no one's opposed to this we have no issue that we've run into yet and i just want to answer any questions if anyone had anything specific the reasoning for this more so now is basically just due to the internet and social media we're running into instances where once our names are published then it's out on social media and then it's easy to track someone down now easier than it was in the past and potentially ask questions or harass them that's
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Speaker 136 37:42
all we're trying to avoid at this point okay thank you questions from committee representative brown thank you thank you mr chair just a quick question do you know of other entities that have um this protection of anonymous of their information not being disclosed is this other is this common in other areas it's tough for me to answer that
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Speaker 138 38:01
just because i work in this specific area i'm not aware of
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Speaker 134 38:05
any um this is just something that's uh just due to the nature of our positions it's a little bit different i know the the general public doesn't always understand we get questions about you know why didn't you avoid the accident they think we have a steering wheel or accelerator or brake and that's not really the way we work you know and often it takes a mile mile and a half to stop so you're kind of trapped up there seeing everything and then having to react to it so the the nature uh to us is a little bit different than than most professions where we're in a situation where it's honestly unavoidable probably 99 of the time thank you any other questions
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Representative Mike Holcomb Chair Unverified 38:40
from committee anyone here to speak for against the bill seeing none representative ride
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Speaker 44 38:47
would you like to close yes sir I'm close this rise
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Representative Mike Holcomb Chair Unverified 38:51
closed what's the will of the committee representing Whitaker you recognize I have a motion do pass any discussion on the motion seeing none all in favor say aye any opposed same like sign hearing none. Congratulations. Your bill passes. Thank you so much, Mr. Chairman. Any other business to come before the committee today? I'm going to gavel out, but stay with me for just a minute. We stand adjourned. Committee members, if you will.
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Agenda

CONCUR IN SENATE AMENDMENT

Number Sponsor Subtitle

HB1745 Hawk TO REQUIRE CERTAIN COMMERCIAL DRIVER LICENSE HOLDERS TO POSSESS A UNITED STATES WORK AUTHORIZATION; TO REQUIRE THE OPERATOR OF A COMMERCIAL MOTOR VEHICLE TO HAVE ENGLISH PROFICIENCY; AND TO CREATE RELATED OFFENSES.

9:54

Hawk

9:54

REGULAR AGENDA

Number Sponsor Subtitle

SB397 D. Wallace TO PROTECT CONFIDENTIAL PERSONAL INFORMATION OF RAIL EMPLOYEES IN REPORTS INVOLVING RAILROAD FATALITIES.

33:39

Rye

33:39

HB1988 Tosh TO AMEND THE LAW CONCERNING THE DISTRIBUTION OF AUTO AUCTION FEES FOR SALVAGE-TITLED OR PARTS-ONLY TITLED VEHICLES; AND TO AMEND THE PURPOSE FOR WHICH AUTO AUCTION FEES MAY BE USED.

5:00

Tosh

5:00

SB492 J. Bryant TO AMEND THE LAW CONCERNING THE RELOCATION OF UTILITY FACILITIES; AND TO AMEND THE LAW CONCERNING THE ACQUISITION, CONDEMNATION, AND DISPOSITION OF REAL PROPERTY BY THE STATE HIGHWAY COMMISSION.

0:26

Bryant

0:26

SB496 Caldwell TO AMEND THE LAW CONCERNING PERMITS FOR SPECIAL CARGOES; AND TO AMEND THE LAW CONCERNING THE ISSUANCE OF A PERMIT FOR SPECIAL CARGO TRANSPORTED BY A FARM MACHINERY EQUIPMENT HAULER.

8:37

Hollowell

8:37

SB540 M. Johnson TO LIMIT THE SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE OR IMPOSITION OF RESTRICTIONS ON A DRIVER'S LICENSE OF A PERSON WHO HAS SUFFERED A SEIZURE.

19:23

Ennett

19:23

SB562 Hill TO AMEND THE LAW CONCERNING THE OFFICE OF INTERNAL AUDIT; AND TO REPEAL THE REQUIREMENT FOR AN ANNUAL PROJECT REVIEW AND EFFICIENCY STUDY OF THE ARKANSAS DEPARTMENT OF TRANSPORTATION.

17:32

Holcomb

17:32

DEFERRED BILLS

Number Sponsor Subtitle

HB1284 Unger TO AMEND THE LAW CONCERNING THE SUSPENSION OR REVOCATION OF A PERSON'S DRIVER'S LICENSE FOR FAILURE TO PAY A COURT-ORDERED FINE; AND TO AMEND THE LAW CONCERNING A RESTRICTED DRIVER'S PERMIT.

HB1371 Wardlaw TO REPEAL THE REQUIREMENT FOR THE COMPLETION OF A HUMAN TRAFFICKING PREVENTION COURSE FOR THE ISSUANCE OF A COMMERCIAL DRIVER LICENSE.

HB1623 J. Moore TO EXEMPT H-2A VISA PROGRAM PARTICIPANTS WHO HAVE A VALID INTERNATIONAL DRIVER'S LICENSE OR PERMIT FROM THE SKILLS PORTION OF THE DRIVER'S LICENSE EXAMINATION.

SB261 A. Clark TO AMEND THE LAW CONCERNING THE OPERATION OF AN ALL-TERRAIN VEHICLE ON CERTAIN ROADS; AND TO AMEND THE LAW CONCERNING THE ACCESS OF ALL-TERRAIN VEHICLES TO UNPAVED ROADS.

HB1989 Cavenaugh TO AMEND THE LAW CONCERNING USED MOTOR VEHICLES BUYERS PROTECTION; AND TO AMEND THE LAW CONCERNING THE USED MOTOR VEHICLE DEALER'S LICENSE APPLICATION PROCESS.

Speakers

Representative Mike Holcomb Chair Unverified
45 segments
Representative Robin Lundstrum Unverified
5 segments
Senator Joshua Bryant Unverified
6 segments
Speaker 13
1 segment
Representative Denise Jones Ennett Unverified
4 segments
Representative Stan Berry Unverified
1 segment
Speaker 15
1 segment
Speaker 37
1 segment
Jones Shipley Unverified
6 segments
Speaker 45
1 segment
Speaker 46
1 segment
Speaker 50
1 segment
Representative Marcus E. Richmond Unverified
3 segments
Representative Dwight Tosh Unverified
1 segment
Speaker 59
1 segment
Representative Steve Hollowell Unverified
2 segments
Speaker 25
1 segment
Representative RJ Hawk Unverified
5 segments
Speaker 73
1 segment
Speaker 75
8 segments
Speaker 80
1 segment
Speaker 81
1 segment
Representative Richard Womack Unverified
7 segments
Olivia Cox Unverified
5 segments
Speaker 97
13 segments
Speaker 100
4 segments
Speaker 23
1 segment
Speaker 31
1 segment
Speaker 72
1 segment
Speaker 110
7 segments
Speaker 117
1 segment
Representative Matt Brown Unverified
3 segments
Speaker 124
1 segment
Speaker 130
1 segment
Representative Johnny Rye Unverified
7 segments
Speaker 133
3 segments
Speaker 136
1 segment
Speaker 138
1 segment
Speaker 134
2 segments
Speaker 44
1 segment