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Public Safety

SB481

To Amend The Law Concerning The Operation Of An Automated Enforcement Device.

Passed

Last Action (April 11, 2023): Notification that SB481 is now Act 707

Sponsors

AI-Generated Summary

Senate Bill 481 amends Arkansas law regarding the use of automated traffic enforcement devices (such as photo-radar) by state, county, and municipal governments. The bill generally restricts the use of these devices for enforcing traffic laws or municipal ordinances, except in specific high-risk locations, including school zones, railroad crossings, and highway work zones. When these devices are used in authorized areas, the legislation mandates that a certified law enforcement officer must be physically present with the device and must issue the citation to the violator at the time and place of the infraction. Furthermore, the bill establishes strict data retention policies, prohibiting the storage of automated enforcement data unless it is linked to an active criminal or civil investigation or a specific issued citation or warning. The act explicitly clarifies that these restrictions do not impede the Arkansas Highway Police from using automated devices to enforce state or federal motor carrier laws. This bill serves to regulate and limit the reliance on unmanned automated traffic enforcement systems across the state.

Potential Impact Analysis

Who Might Benefit?

Drivers and the general public benefit from this legislation as it ensures that traffic enforcement remains subject to human oversight, reducing the possibility of automated errors and impersonal fine collection. By requiring an officer's physical presence at the scene, the bill emphasizes traditional due process and immediate accountability, which provides drivers with the opportunity to address citations directly with an officer. Additionally, the strict data retention provisions protect individual privacy by ensuring that photographic data collected by these devices is not stored indefinitely by the government when no violation has been documented.

Who Might Suffer?

Municipal and county governments, as well as state departments, may be negatively impacted by this legislation as it restricts their ability to deploy automated enforcement technology as a cost-effective, passive method for managing traffic violations. Law enforcement agencies that rely on automated systems to supplement personnel in monitoring high-traffic areas or reducing speeding may face increased operational costs and resource constraints. Additionally, private companies that contract with local governments to provide and manage automated enforcement hardware and software may see a reduction in potential business opportunities or the necessity to alter their current service models in Arkansas.

Vote Records

Third Reading

April 5, 2023
Yea: 82 Nay: 9 NV: 9 Absent: 0 Passed
View individual votes (100)
Legislator Party Chamber Vote
Fred Allen Democrat House Yea
Lane Jean Republican House Yea
Stephen Meeks Republican House Yea
Mark Perry Democrat House Yea
Jon Eubanks Republican House Yea
Matthew Shepherd Republican House NV
Jeff Wardlaw Republican House Nay
Bruce Cozart Republican House Yea
David Whitaker Democrat House Yea
Deborah Ferguson Democrat House Yea
Charlene Fite Republican House Yea
Mike Holcomb Republican House Yea
Stephen Magie Democrat House Yea
Mark McElroy Republican House Yea
Josh Miller Republican House NV
Richard Womack Republican House Nay
Jack Ladyman Republican House Yea
Robin Lundstrum Republican House NV
Dwight Tosh Republican House Yea
Lanny Fite Republican House Yea
Grant Hodges Republican House Yea
Rick Beck Republican House Yea
Mary Bentley Republican House Yea
Les Eaves Republican House Yea
Justin Gonzales Republican House Nay
Julie Mayberry Republican House Yea
Ken Ferguson Democrat House Yea
Ron Mcnair Republican House Yea
Milton Nicks Democrat House NV
Marcus Richmond Republican House Yea
Vivian Flowers Democrat House Yea
Deann Vaught Republican House Nay
Karilyn Brown Republican House Yea
Sonia Eubanks Barker Republican House Yea
Frances Cavenaugh Republican House Yea
Jack Fortner Republican House Yea
Jimmie Gazaway Republican House NV
Roger Lynch Republican House Yea
John Maddox Republican House Yea
Aaron Pilkington Republican House Nay
Johnny Rye Republican House Yea
Les Warren Republican House Yea
Danny Watson Republican House Yea
Carlton Wing Republican House Yea
Austin Mccollum Republican House Yea
Carol Dalby Republican House Yea
Steve Hollowell Republican House Yea
Brian Evans Republican House Yea
Lee Johnson Republican House Yea
Andrew Collins Democrat House Yea
Stan Berry Republican House Yea
Harlan Breaux Republican House Yea
Cameron Cooper Republican House NV
Nicole Clowney Democrat House Yea
Cindy Crawford Republican House Yea
Denise Garner Democrat House Yea
Tippi McCullough Democrat House Yea
Jay Richardson Democrat House Yea
Jamie Scott Democrat House Yea
Jim Wooten Republican House Yea
Denise Ennett Democrat House Yea
Richard McGrew Republican House Yea
Joy Springer Democrat House Yea
Howard Beaty Republican House NV
Tony Furman Republican House Yea
Kendon Underwood Republican House Yea
David Ray Republican House Yea
Mark Berry Republican House Yea
John Carr Republican House Yea
Rick McClure Republican House Yea
Keith Brooks Republican House Yea
Delia Haak Republican House Yea
Ashley Hudson Democrat House Yea
Jon Milligan Republican House Yea
RJ Hawk Republican House Yea
Wade Andrews Republican House NV
Rebecca Burkes Republican House Yea
DeAnna Hodges Republican House Yea
Hope Duke Republican House Yea
Zack Gramlich Republican House Yea
Mindy McAlindon Republican House Yea
Matt Duffield Republican House Yea
Stetson Painter Republican House Yea
Steve Unger Republican House Yea
Wayne Long Republican House Nay
Scott Richardson Republican House Yea
Brandon Achor Republican House Yea
Jeremiah Moore Republican House Nay
Joey Carr Republican House Yea
Matt Brown Republican House Yea
Shad Pearce Republican House Yea
Chad Puryear Republican House Yea
Ryan Rose Republican House NV
Bart Schulz Republican House Yea
Trey Steimel Republican House Yea
Tara Shephard Democrat House Yea
Jeremy Wooldridge Republican House Nay
Kendra Moore Republican House Yea
Brit McKenzie Republican House Yea
Steven Walker Republican House Nay

Third Reading

March 30, 2023
Yea: 28 Nay: 3 NV: 4 Absent: 0 Passed
View individual votes (35)
Legislator Party Chamber Vote
Jane English Republican Senate Yea
Linda Chesterfield Democrat Senate NV
Jonathan Dismang Republican Senate Yea
Greg Leding Democrat Senate Yea
Missy Irvin Republican Senate Yea
Bryan King Republican Senate NV
Kim Hammer Republican Senate Yea
Stephanie Flowers Democrat Senate Yea
Frederick Love Democrat Senate Yea
Terry Rice Republican Senate Yea
Reginald Murdock Democrat Senate Yea
Gary Stubblefield Republican Senate Yea
Jim Dotson Republican Senate Nay
John Payton Republican Senate Yea
Alan Clark Republican Senate Yea
Ronald Caldwell Republican Senate NV
Bart Hester Republican Senate Yea
Jimmy Hickey Republican Senate Yea
Dan Sullivan Republican Senate Yea
David Wallace Republican Senate Yea
Blake Johnson Republican Senate Yea
Justin Boyd Republican Senate Yea
Clarke Tucker Democrat Senate Yea
Scott Flippo Republican Senate Yea
Clint Penzo Republican Senate Yea
Mark Johnson Republican Senate Yea
Ricky Hill Republican Senate Yea
Breanne Davis Republican Senate Yea
Ben Gilmore Republican Senate NV
Joshua Bryant Republican Senate Nay
Matt McKee Republican Senate Yea
Jim Petty Republican Senate Yea
Steve Crowell Republican Senate Yea
Tyler Dees Republican Senate Nay
Matt Stone Republican Senate Yea
Read Full Bill on arkleg.state.ar.us