Senate Transportation Committee
February 3, 2025
Senator Ricky Hill [00:00:04] Let's call the meeting to order. Appreciate everyone being here today. If there's anyone going to want to speak for or against any of these bills, please get signed up on the sign up sheet. Senator Johnson, we'll start with you. SB 78. Please introduce yourself for the record.
Senator Mark Johnson [00:00:29] Thank you, Mr. Chairman. Mark Johnson, State Senator, District 17. Senate Bill 78 is a simple bill. This concept was brought to me by representatives of the highway construction industry, and all it does is it adds topics that will be required to be included in the written drivers test and added to the manual that the state police publishes to-- I started to say to instruct young drivers, but I guess any drivers, depending on when you try to get your license from being able to know about all the rules and things you need to know to be a safe operator of a motor vehicle.
It adds information about highway work zone safety and specifically spells out statistics concerning the dangers of a motor vehicle operator committing a moving violation in a highway work zone. Meaning, don't speed where there's people working that you might injure them or yourself. Information about the importance of awareness of slowing down in highway work zones. And a Q & A section regarding how one would safely operate a motor vehicle in a highway work zone.
I think any of us that have commuted past Benton in the last 3 or 4 years would know that it is a scary place to be driving a car, and to some extent, Senator Hill, driving between here and Cabot through Jacksonville was not quite as bad, but similar problems. And we appreciate the work that ARDOT is doing, improving our roads. But the fact that it does add an added layer of danger when one is traversing that area. And certainly the most exposed people in that are the actual highway workers themselves.
So ARDOT, both of the current new director and the recently retired director both reviewed this and support it. The Associated General Contractors support it. It was originally brought to me by some representatives of the Asphalt Paving Association. And of course, all their employees are the ones that are exposed to this.
But if we can teach our young people that this is not a typical driving situation, this is a place you need to be a little extra careful, actually, a lot extra careful. Because both their lives and the lives of others are more at risk in these work zones. But that's all the bill does. I do have the representatives of these agencies here, the AGC, for example, if there's any questions of them. But otherwise I'll be happy to take any questions from the committee.
Senator Joshua Bryant [00:03:28] Does the State Police generate the questions and control that exam?
Senator Mark Johnson [00:03:32] They are the ones who control the licensing process. It's their agency that does it. I forgot to add, I did speak to Colonel Hagar.
Senator Joshua Bryant [00:03:43] That was my question. Thank you.
Senator Ricky Hill [00:03:48] Any other questions? Seeing none, is there anyone here to speak for or against? No one signed up to speak for or against. What is the will of the committee? I have a motion by Senator Johnson. Second by Senator Bryant. Any further discussion? All those in favor say aye. Opposed like sign. Congratulations, Senator, your bill passed. We have moved Senator Penzo's bill to the deferred list. HB 1046. Representative Pilkington and Senator Davis. Seeing no one here, we will skip over that one. Senator Boyd.
Senator Justin Boyd [00:05:06] Thank you, Mr. Chair. May I proceed?
Senator Ricky Hill [00:05:08] Yes, sir.
Senator Justin Boyd [00:05:10] Senator Justin Boyd here to present House Bill 1135. So in 2023, the legislature passed and our governor signed a bill to allow for a digitized or mobile driver's license upon the payment of $10. This bill seeks to amend that or make a couple of slight changes to that. And in nowhere does this create a mandate for anybody to have a mobile driver's license or a digitized driver's license. It makes it a possibility in the state of Arkansas.
And so the two amendments are, first of all, in addition to a mobile or digitized driver's license, it also would allow for a digitized state I.D. card. And then secondarily, rather than mandating that a fee of $10 is collected, it would be a fee of up to $10 could be collected. I think that's it unless y'all have a question.
Senator Ricky Hill [00:06:17] Do we have any questions? Senator Johnson.
Senator Mark Johnson [00:06:20] Thank you, Mr. Chairman. Senator Boyd, do you have any statistics on how many people have taken advantage of the digital driver's license as of now? I know DFA people are here, but do we have a number on that?
Senator Justin Boyd [00:06:33] No, not yet. It's not available yet.
Senator Mark Johnson [00:06:37] No, I mean, not the I.D. card, but the 2023.
Senator Justin Boyd [00:06:43] They have yet they have not issued one. We're getting close, but we're not quite there yet.
Senator Mark Johnson [00:06:48] Okay. Maybe this is a question of DFA, are there inquiries? I mean, are people kind of in the queue to do that?
Senator Justin Boyd [00:06:56] With Mr. Chair's permission, we're going to bring somebody up from DFA who has more inside knowledge than Justin or Senator Boyd, however you want to refer to me.
Senator Ricky Hill [00:07:08] Please identify yourself for the record.
Alicia Austin Smith [00:07:10] Thank you, Mr. Chair and members of the committee. Alicia Austin Smith with DFA Yes, Senator. There, in fact, are employees and certain groups that are interested, are already testing the digital ID card, but it's not actually supposed to be out there on the app until February of this month. So that's the purpose of the bill, is that when they're actually putting it out there for everybody, they'd like to go ahead and include everyone and have the mobile driver's license and the I.D. card all in one.
Senator Mark Johnson [00:07:39] Okay. Well, I had a late friend who was legally blind and had the I.D. card, and I would think this might be a handy thing. So it sounds like a great bill. Thank you, Mr. Chairman. Thank you, Senator Boyd.
Senator Ricky Hill [00:07:51] Senator Johnson, any other questions for the committee? Seeing none, what is the will of the committee? Senator, would you like to close?
Senator Justin Boyd [00:08:04] Yes, I would appreciate someone giving me a do pass and a second and then vote in favor. Thank you.
Senator Ricky Hill [00:08:11] Motion by Senator Johnson. Seconded by Senator Stone. All in favor? Opposed same sign. Congratulations, Senator. Your bill passed.
Senator Justin Boyd [00:08:24] Thank you, Mr. Chair.
Senator Ricky Hill [00:08:29] Okay. HB 1046. Representative Pilkington. Please introduce yourself for the record.
Representative Aaron Pilkington [00:08:46] Thank you. Thank you, committee. I'm Representative Aaron Pilkington, District 45. Would it be okay for me to bring up a few guests with me as I present my opening?
Senator Ricky Hill [00:08:58] Feel free.
Representative Aaron Pilkington [00:09:17] Today I present House Bill 1046, the Blue Envelope program. As many of you may or may not know what the Blue envelope program is, I'll just give a quick refresher. It is essentially a program designed to help improve communication between law enforcement and individuals with disabilities, particularly those with autism. It's a standardized way to share information with police officers during a traffic stop. The goal is to reduce misunderstandings, increase safety and foster better interactions.
Essentially what it is, is an individual with autism will be able to go to DFA, they will receive a blue envelope. In this blue envelope, they will keep their driver's license, their insurance card, all important documentation for a traffic stop. When they are pulled over and they're asked for a license and registration, they will hand this blue envelope to the police officer. This is a nonverbal communication, letting the police officer understand that this is a driver who has autism and also lets the person with autism let them know that the police officer now sees and understands what's going on.
I have a guest with me today who will explain a situation in which he had a traffic stop that could have gone a very wrong way because they weren't able to adequately communicate with one another. I think this is a great bill. There's been six other states that have started this program already. I've received no opposition for this piece of legislation. And I think it's just a good way for us to help those with disabilities be able to participate, reduce their anxiety during traffic stops, and also help police officers when encountering an individual.
Because a lot of times there can be situations in which maybe the behavior of someone with autism in a different context would escalate the situation. But because they have autism, it doesn't need to be escalated. And this is a way for them to communicate with each other, like I said, in a nonverbal standardized way. But I'd like to turn it over with my guest here to tell his story and who he's with and why this is an important piece of legislation for him.
Senator Ricky Hill [00:11:10] Thank you. If you would, please introduce yourselves.
Ludwig Kozlowski Jr. [00:11:12] Yeah. My name is Ludwig Lud Kozlowski, Jr, live in North Little Rock, Arkansas. I'm a self-advocate on the autism spectrum, also on the Governor's Council on Developmental Disabilities. But I'm also on the autism spectrum first and foremost. I want to talk about an incident I had back in 2004. In July of 2004, I was working at the Pine Bluff Arsenal. And I want to thank Representative Pilkington for bringing this bill up. It's going to do a lot of good if it gets passed. So in July of 2004, I was working at the Arsenal.
One of the things when you're on the autism spectrum is you get really focused. And I was working a really long day on a pilot program for our contractor, Office of Domestic Preparedness, and I was working 12 hour a day, hour commute back one way back and forth, and finally got to the point where I was done. Little did I know, it was already after dark and I wanted to just get home. I was driving home on the military post, had a mile to get to the gate. It was late. It was dark.
And as I was driving, I was in the back area of the post and there were woods on the left side and a field on the left, and there were three deer that ran across the street. There were two baby deer that made it right in front of my car. Made it by the skin of their teeth right in front of the car, ran into the woods and all of a sudden there was this big parent deer hit the driver's side door of my car. Its face was up against the window and it smashed my door and it freaked me out. And it hit it ,and it went smack down the side of the road. And it was quite, it was quite the moment. It was quite overwhelming. I looked. It was on the side of the road. My door was smashed in, but it was drivable.
I went to the gate to exit through security. They said, What happened? I explained what happened. They said, we need to get a post officer with you. You've got to go back and you've got to do a report. We got to do a report. And I already was tired. I was overwhelmed. And we went back about 9:30 at night. We go out there, he asks me a couple of questions. What happened? Tell me what happened. And then he asks the question eventually, were there any witnesses?
And I answered him and I said, Yeah. There were two other deer, and they ran into the woods. And he looked at me, stared at me, and he goes, Excuse me. And I was a bit taken aback that he wasn't believing me. And I said, Sir, there were two other deer and they ran into the woods. You know, I probably was coming across with a little bit of an attitude. Number one, when we're on the autism spectrum, we don't always make eye contact because of the fact that we're trying to focus on what someone is saying.
It's not that we're trying to be aloof or indifferent. It's so that we can focus on what someone is saying. And I saw him. He sort of just laughed it off and he kept going. Luckily, it didn't escalate to anything because it probably would have aggravated me even more and it could have gotten to a worse situation. So he kept going. But it bothered me. The next day when I calmed down and everything, came to my senses, I just was like, did I actually say that?
So situations like that could easily end up bad. You don't always know things in black and white. You misread situations, over sensory, lights, situations like when I'm in a lot of noisy situations like airports, it's like a drills being done to your head. So can you imagine if someone has situations with police lights and sirens? You have no idea how overwhelming that can be.
So something like this where they would have a blue envelope that would have their driver's license and registration, their information, how to communicate, it would go a long way in de-escalating a situation and in keeping things from going awry or bad and be very helpful for inclusivity and helping things de-escalate.
But also the person about how they would react in situations like traffic stops of officers. So it's a win-win for everybody involved, a win for the police officers, who I have the utmost respect for and a win for people who are neurodiverse in the community. Any questions?
Senator Ricky Hill [00:16:25] Senator Johnson.
Senator Mark Johnson [00:16:27] Thank you, Mr. Chairman. Thank you for your testimony. It was very helpful. Representative Pilkington, how many states have a similar program?
Representative Aaron Pilkington [00:16:36] There are currently six states that have some type of blue envelope system in place. Some are not completely statewide. They're by county. I think California is one where a couple of the counties have only done it, not all. But there's 6 states in which this is operational. So it's not something entirely new.
Senator Mark Johnson [00:16:52] Is this something that some of the associations that we are members of the other legislatures should develop a standard? I mean, a blue envelope is fine. Maybe some states want a red one or something. But my point being is this something that would lend itself to a standardization that people across the country or in law enforcement and other agencies would recognize this blue envelope?
Representative Aaron Pilkington [00:17:19] Sure. I think obviously the disability rights groups have advocated for this in various states. And they all call it the blue envelope program. I think there is a desire for it to be standardized, but obviously, since we would be the first state in the south to have this, there's a little bit where I think we can kind of help dictate what it looks like and feels like.
But the general gist of it is they see this envelope. It is a non-verbal way for them to understand I'm now dealing with a driver who's autistic. And going back to the story, I just want to add real quick, that was a situation that didn't end poorly. But we had an individual come and testify who was pulled over at Des Arc and it escalated and was later tased by a police officer over a simple misunderstanding of one another.
RepresentativeAnd so we don't want to see that for people like this. And at the same time, we also want them to be able to drive and work and participate in our economy and not be stuck home. So but to your point, I think we will see that as it gets adopted further. But right now, we have the ability to kind of make it our own if that makes sense.
Senator Mark Johnson [00:18:24] It does. Thank you. Thank you, Mr. Chairman.
Senator Ricky Hill [00:18:27] Senator Dees.
Senator Tyler Dees [00:18:29] Thank you, Mr. Chair. Thank you, Representative Pilkington. I love this bill. I love the idea and the framework. Quick question real fast. I heard some answers that might be to this question in that exchange. But is there a concern about fabrication if folks are able to make fake blue envelopes or not official envelopes, maybe the authenticity of the envelope system.
Representative Aaron Pilkington [00:18:58] Sure. You know, we would be designing those and ordering those in-house. I mean, and that's really up to DFA and how they would like those to look. I mean, that may be something that as this gets developed with them, we need to make sure that they have some sort of verification.
I don't know why someone would fabricate a blue envelope. I don't know what advantage they would have in pretending they have autism. But I get your point. I think that is a concern we should share with DFA. And I think we give them a lot of leeway in this because it is relatively new. And I don't think sometimes we need to micromanage.
Senator Tyler Dees [00:19:33] Going back to the multiple states with different programs, I represent a border district of two different states, Missouri and Oklahoma. And would there be any possibility of confusion about if you're stopped right near a border and trying to show a blue envelope and you just happen to be in Oklahoma now and confusion?
Representative Aaron Pilkington [00:19:55] Sorry, I didn't mean to interrupt.
Senator Tyler Dees [00:19:57] Any concerns about borders?
Representative Aaron Pilkington [00:19:58] Well, I think one of the nice things about it is that the way the Blue envelopes are is there is written instructions on the outside of the envelope for the police officers. If you're a police officer in a border state and they hand you this envelope, it may take you aback for a second.
But basically they can look at it, understand that this is for an individual with autism. You know, the blue is just a way to immediately identify it. But there also is verbiage on it as well that will be developed and they can read that and understand, Okay, this is the situation I'm dealing with. So if you do end up in a situation like that where you're in, let's say, Oklahoma, the hope is that will then do it.
Maybe the recognition won't be as fast, but it will be quicker than the situation where you're 20 minutes in and they're cuffed on the ground and then they realize they weren't being aggressive, they just were autistic.
Senator Tyler Dees [00:20:43] And maybe, last, for my own clarity, in this exchange and a blue envelope is handed that has identification and in clarity of information, but if an officer still wants to proceed for whatever do cause of a further inspection or needed, that doesn't stop anything of a normal traffic stop?
Representative Aaron Pilkington [00:21:01] Correct. It's a normal traffic stop. There's no special privilege or anything like that. It's just, understand this is the individual and they may have certain needs that just to be aware of. And, yeah, they can still search. They can still do everything they need to do in a regular traffic stop.
Senator Tyler Dees [00:21:15] Thank you. Appreciate it.
Senator Ricky Hill [00:21:17] Thank you, Senator. Any other questions from the committee? Senator Stone.
Senator Matt Stone [00:21:24] Representative Pilkington, if someone with autism goes to the Revenue Department and wants a blue envelope, do they have to show any kind of medical papers?
Representative Aaron Pilkington [00:21:33] It doesn't say this in the bill, but that's something I've discussed with Secretary Hudson about the requirements they would put in place for someone to get a blue envelope when they come in. And we've discussed having a doctor's note or some sort of official medical verification of their autism.
Senator Matt Stone [00:21:48] All right. Thank you.
Senator Ricky Hill [00:21:51] Any other questions? Representative, would you like to close for your bill?
Representative Aaron Pilkington [00:21:57] I'm closed for my bill. Thank you, committee. Thank you for the questions.
Senator Matt Stone [00:22:00] Thank you. What's the will of the committee? A motion by Senator Bryant. Second by Senator Dees to pass. All those in favor say aye. Opposed same sign. Representative, congratulations, your bill passed.
Representative Aaron Pilkington [00:22:13] Thank you. Thank you, Committee.
Ludwig Kozlowski Jr. [00:22:14] Thank you.
Senator Ricky Hill [00:22:16] Seeing nothing else on the agenda, I would like to say next Monday before. So everyone try to get around a little earlier. We're going to do pictures. Senator Dismang and Senator Dees, you'll be the lead on this. So we appreciate it and we will take pictures five minutes before. That being said, meeting's adjourned.
