Arkansas Lawmakers Back Seat Belt, Teen Driver, Credit Report Laws

By | February 18, 2009

New restrictions on teen drivers and legislation allowing police to pull over motorists for not wearing their seat belts advanced in the Arkansas Legislature.

Meanwhile, senators gave final approval to a bill that requires proposed legislation to say if it creates an exemption to the Arkansas Freedom of Information Act and the House backed giving more consumers the ability to temporarily “freeze” their credit reports.

The Senate Transportation, Technology and Legislative Affairs Committee backed the driving measures after advocates and state health officials said they would complement Arkansas efforts to create a statewide trauma system. The Senate gave final approval last week to an $87.8 million tobacco tax increase to help pay for the trauma system and other health programs.

“This is one of those opportunities where you can save lives without a financial investment, and it’s one of those few opportunities where you can make a difference,” Arkansas Health Department Director Paul Halverson told the committee before it approved the teen driving restrictions.

Both measures head to the Senate for a vote. The Senate approved the restrictions two years ago, but the House defeated the teen-driving restrictions and the primary seat belt bill failed in a House committee.

The driving restrictions, proposed by Sen. Jimmy Jeffress, D-Crossett, would bar motorists under 18 from driving between 11 p.m. and 5 a.m., except for work, school or emergencies. The teens could be on the road later and have more passengers if accompanied by a licensed driver 21 or older.

The committee approved the driving restrictions by a voice vote after hearing from Peggy Hackett, a Little Rock woman whose 17-year-old daughter died in a car crash in Lake Village in 2006. Hackett said her daughter was killed along with her teenage boyfriend in the crash.

“I feel like if this law had been around, her life would have been saved,” Hackett said.

The panel also approved by voice vote the legislation that would make seat belt violations a primary offense, meaning officers could pull drivers over for the offense.

Currently, 26 states have primary seat belt laws, according to the National Highway Traffic Safety Administration. Arkansas would be open to nearly $9.5 million in one-time federal money if it enacts a primary seat belt law by June 30, according to the agency.

Arkansas currently has a secondary seat belt law, which means that officers can issue citations for the violation only after stopping a vehicle for another reason. Hank Wilkins IV, the bill’s sponsor, has proposed a companion bill to ease the concerns of civil-rights advocates who say the law would make it easier for police officers to pull over motorists because of their race.

That proposal, which is pending before a separate Senate panel, would require some police departments to collect data on the race of motorists pulled over for not wearing a seat belt.

“I know that there are those who have concerns about whether or not this would open another option for law enforcement to racially profile. I understand that, but saving lives is paramount to everything else,” said Wilkins, D-Pine Bluff.

The Senate approved legislation requiring explicit cross-references for all new exemptions to the state’s FOI law, which protects access to public documents and meetings.

By a 33-2 vote, the Senate approved the proposal by Rep. Dan Greenberg, R-Little Rock, who says the proposal would make it easier for the public to find out what changes the Legislature plans to make to state law protecting access to public records and meetings. The measure now heads to Gov. Mike Beebe, and his office said Monday he plans to sign it into law.

Sens. Joyce Elliott and David Johnson, both Democrats from Litttle Rock, voted against the bill. Neither spoke against the proposal on the Senate floor.

“I don’t think Freedom of Information warrants any type of special warning over any other type of bill we consider,” Johnson said after the vote. “I believe in the Freedom of Information Act, but I believe House Bill 1050 places too high of a burden on future Legislatures.”

Also, the House has approved a bill that would allow all Arkansans – not just victims of identity theft – to temporarily freeze their credit reports.

Beebe vetoed a similar proposal in 2007 over concerns that it was too broad and noted that he had already signed into law a measure allowing the security freezes for people who’ve already been victims of identity theft. But since then, the three major credit bureaus have allowed the temporary freezes for consumers.

Now, companies charge $10 for the security freezes. The bill by Rep. Dawn Creekmore, D-Hensley, would make it free for Arkansans 65 and older, as well as victims of identity theft, to obtain the security freezes. The bill, which passed 97-0, also calls for a faster response time if someone wants the freeze lifted from their report.

Creekmore said her bill could cut down on new cases of identity theft because credit cards and other forms of credit couldn’t be authorized without the consumer’s consent.

“To me, applying this freeze after you’ve already become a victim of identity theft was the same as giving someone who’s just been shot a bulletproof vest,” Creekmore said.

Associated Press Writer Jill Zeman contributed to this report.

Topics Cyber Legislation Personal Auto Arkansas

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