January 27: Senate Transportation transcript

Table Of Contents

Senate Public Transportation Committee

January 27, 2025

 

Senator Ricky Hill [00:00:02] Let's call the meeting order. Appreciate everyone being here today. We're going to get started. I've been looking forward to this time with Transportation to start seeing some bills and to see what we can do for the great state of Arkansas. We're going to start out with Senator Boyd. SB 16.

 

[SB 16: Increase Punishment for Firing Gun at Train]

[Outcome: Passed]

 

Senator Justin Boyd [00:00:31] Thank you, Mr. Chairman. May I begin? Thank you. So Senate Bill 16, it regards shooting at a train, knowingly discharging a firearm at a train. And so this is one of the things we had the 2nd Amendment Task Force go through. The Game & Fish subcommittee of ALC, we had a 2nd Amendment Task Force, and every statute regarding a firearm was heard. 

And so when this one came up, my question was, well, when was this written? And it was written in 1893. And so what you might notice in the strikeout language is that the fine was $25 up to $250. And so from 1893, you do a little math, and there's probably not a perfect way to do it, but I found a calculator that estimates that $250 from 1893 is $8,766.81 today. And of course, $25 would be 10% of that. So it'd be anywhere from $866 all the way up to not quite $9,000 in today's dollars. So what this does is it simply proposes that we update it. 

So what was suggested was that we update it to change it to a Class A misdemeanor. A class A misdemeanor, in case you're like me and didn't know exactly what a Class A misdemeanor is, it's a fine not exceeding $2,500 and a sentence of imprisonment not exceeding one year. So, again, it's a misdemeanor, so no more than one year. So that's what this does. It was a recommendation or a consensus from the Game & Fish 2nd Amendment Task Force to update this statute from 1893, as you have in front of you today. Happy to try to answer any questions.

 

Senator Ricky Hill [00:02:28] Senators, you've heard the bill. Do we have any questions? Senator Love, I didn't see you over there.

 

Senator Fredrick Love [00:02:40] Thank you, Mr. Chair. So I guess, Senator Boyd, this is my concern. I'm in agreeance with the discharge of a firearm, but it says 'throwing objects.' And that's where I guess I have just a slight bit of concern now. I guess I don't see somebody throwing an object at a train. I mean, it's kind of like a foreign concept to me. But I guess that's where I was thinking. 

The firearm change, I'm with. But just throwing something at a train, that could be pretty excessive. Like just say, for instance, kids, whatever, throwing rocks, just throwing rocks at a train. You know, even an 18, 19 year old throwing rocks in a train or something like that. And the penalty can be $2,500. I don't know if you even thought about it like that. I know that we're talking about firearms right here, but it says firearms or throwing objects at a railroad. So I guess that's the concern that I have about making it a Class A misdemeanor.

 

Senator Justin Boyd [00:03:55] So I hear you. And on some level I share your concern. But what I would say is, one, this is nothing but an update to that. And if we updated it, the fine would be even more than $2,500. Okay. Second of all, what I would hope is that we have prosecutorial discretion. And some prosecutor is not going to hang a kid out to dry because he was just doing something silly. I think that this is here if we have something serious. So that's what I would hope is that prosecutorial discretion would be in place. Well, it is in place. And I would hope a good prosecutor would use that.

 

Senator Fredrick Love [00:04:37] Okay. All right. Thank you. Thank you, Mr. Chair.

 

Senator Ricky Hill [00:04:40] Thank you, Senator. Any other questions? Seeing none, what is the will of the committee? I've got a motion do pass by Senator Stone. Second by Senator Dees. Any discussion? All those in favor say aye. All opposed same sign. Ayes have it. It passed. Congratulations, Senator. Next, we have Senator Wallace. SB 45. Lance twist on this one.

 

[SB 45: Adding A Women Veteran License Plate]

[Outcome: Passed]

 

Senator Dave Wallace [00:05:39] Thank you, Mr. Chair. Senator Dave Wallace, District 19. And I have with me today Ms. Gina Chandler, who is the director of Veterans Services and has been a long time aide to all of us in helping our veterans. Members, this bill is very simple. We want to make available to 20,000 women veterans in the state of Arkansas their license plate. In order to do that, we have to retire a license plate. The license plate that I am proposing to retire is the Pearl Harbor survivor license plate. Some background information on that. There are only 16 surviving Pearl Harbor veterans throughout the country. The Arkansas Department of Finance currently has 125 Pearl Harbor survivor plates as back up. So we're more than more than covered. 

What happens every year, our female veterans, the numbers increase. The women serving in the military increases. As a commanding officer in the military years ago, my units would not have been fully mission capable without our female soldiers in those positions. When they come out, they had the option of getting the veteran's plate. But what happens, and I think this has happened in this chamber, is people will come up to their husband and say, thanks for your service. In many cases, the husband never served. 

So this is, in my opinion, a very good bill. It is going to be funded by the Department of Veterans Affairs until we recoup the money. We're going to be recouping it at $15 a plate. And the really good part of this is $5 that $15 will go immediately to female veteran programs. And once the debt is retired, to the Department of VA. All $15 minus some admin cost will go to help our female veterans with issues that they have unique to them. And with that, I will stand by for any questions that you may have.

 

Senator Ricky Hill [00:08:18] Thank you, Senator Wallace. Senator Bryant, you have a question?

 

Senator Joshua Bryant [00:08:22] Yes. Thank you, Mr. Chair. Just to make sure I'm clear. So the veterans plate that probably you and I have, it's a minimal fee for renewal. I think it's like $3.50 annually for renewal, as opposed to what the general population will pay. So the fee that you propose, the $15, is a one time fee. And then once you get the plate, upon renewal, it falls back into the normal veterans program? Or is it?

 

Senator Dave Wallace [00:08:46] No, I think it will stay at $15, and that will be money that will be eventually set aside for our female veterans.

 

Senator Joshua Bryant [00:08:54] So they have $15 a year?

 

Senator Dave Wallace [00:08:56] No. $15 one time. I'm sorry.

 

Senator Joshua Bryant [00:08:59] Okay. So it is the one time fee and then it goes into the Veterans General Fund? Okay.

 

Senator Dave Wallace [00:09:04] Yes, sir.

 

Senator Ricky Hill [00:09:07] Senator Dismang.

 

Senator Jonathan Dismang [00:09:08] So is that how it normally works? Do we attach an additional fee to most of those license plates? I'm just trying to.

 

Senator Dave Wallace [00:09:21] I believe Ms. Chandler can answer that question.

 

Gina Chandler [00:09:25] So. Yes, sir. There is a fee. I know that the Department of Veterans Affairs gets a portion of that fee to do honor services for a veteran, to pay honor guards, to do services with the renewal fees that we get.

 

Senator Ricky Hill [00:09:45] Can we get one of you all to come forward and answer? Please introduce yourself for the record.

 

Alicia Austin Smith [00:10:02] Thank you, Mr. Chair, members of the committee. Alicia Austin Smith, Chief Counsel of the Revenue Division of DFA. So I'll try to answer the questions that were asked and then if I don't. For sure, the fee is just for the initial plate. And you are correct, Senator Bryant, the renewal fee is just the $1. But of course, those fees, that is standard that there would be a design use contribution fee for these types of special plates and those will go to recouping the money. And then after the money is fully recouped by any money spent by DFA and any money spent by Veterans Affairs, then those funds will go to the services.

 

Senator Jonathan Dismang [00:10:39] So what do you think the total of that would be? So I think your amount you could probably get to pretty easy because we've done it so many times. What should the VA expect or anticipate for their total cost to be?

 

Alicia Austin Smith [00:10:52] They are anticipating that their total upfront costs will be $20,000. That should cover the design of the plate, the programming charges to our system, etc., etc..

 

Senator Ricky Hill [00:11:04] Senator Bryant.

 

Senator Joshua Bryant [00:11:14] So all the other plates from Disabled Veteran all the way through line 15 for Enduring Freedom, is that consistent? Is the $15 consistent with those programs as well per plate? [Answer off mic] Okay, thanks.

 

Senator Ricky Hill [00:11:40] Senator Love.

 

Senator Fredrick Love [00:11:41] Thank you, Mr. Chair. And, Gina, it's good to see you. Thank you for the work that you're doing. Now,  I may have missed this. How many women veterans do we have in the state of Arkansas? 20,000. Okay. And so now we're going to design a license plate. The fee is going to be covered. Now, talk to me again about the fee that's going to be remitted, how much they're going to recoup.

 

Gina Chandler [00:12:11] [Answer off-mic] My apologies.

 

Senator Fredrick Love [00:12:12] Because I'm thinking of like a personalized license plate. Is that the same? Or not? Gina is saying no.

 

Alicia Austin Smith [00:12:21] Yes, it's a little bit different. And so essentially, they will do the upfront cost. It's not a personalized license plate in that they would have to come up with what the design for their plate is going to be. The newest plate that's being designed is the Central High School plate. Of course, that one, we're still in a design, going back and forth, making sure that everybody's good with the design. So the same simple process would be here where everyone would make sure before it actually goes out and we create the plates to have them available at the revenue offices that the design is approved by everyone and that then they would be available. And so when an individual, when a veteran comes in to get the plate, they'll pay the regular fees and then the $15 design use contribution. And that'll essentially pay back their $20,000.

 

Senator Fredrick Love [00:13:02] Gotcha. Okay. All right. Thank you. Thank you, Chair.

 

Senator Ricky Hill [00:13:05] Thank you. Any other questions? We do have someone here to speak for the bill. Miss Holly. Okay. Thank you.  Yes, go ahead, Senator Scott.

 

Senator Jamie Scott [00:13:29] Thank you, Mr. Chairman. Quick question. How do y'all think you will determine-- I was over the license plates for my sorority. So we ran into the issue where people were going in and trying to get the license plates that weren't members of our sororities. Do you think you will run into issues or will it be a problem? Like how are they supposed to say that they're a veteran? Will they have to provide some kind of documentation across the state as they're going to the different revenue offices? Or are you even concerned about people getting the license plates who aren't women veterans?

 

Senator Dave Wallace [00:13:56] Go ahead.

 

Gina Chandler [00:13:57] Okay. So when we get a veteran's license plate-- we have to show our proof of service to get it on our driver's license and to obtain the plates. So DFA collects a copy of our DD214 or discharge papers. So they would have to follow that same protocol in order to get those plates.

 

Senator Jamie Scott [00:14:16] And the workers at--

 

Gina Chandler [00:14:18] They're already doing it, currently.

 

Senator Ricky Hill [00:14:24] Any other questions? Seeing none, what is the will of the committee? Have a do pass by Senator Love. Second by Senator Bryant. All those in favor of do pass signify by saying aye. Opposed same sign. Ayes have it. Congratulations, Senator, your bill passed. Is Senator Penzo here? Senator Hester, are you going to run the bill? No? Seeing no other business, this meeting is adjourned.