SB481
To Amend The Law Concerning The Operation Of An Automated Enforcement Device.
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, 2023View 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, 2023View 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 |
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