Arkansas Senate OKs Restricting Crash Report Access

A proposal to temporarily restrict access to traffic-accident reports that’s working its way through Arkansas’ Legislature has raised concerns from at least one opponent that it could open the state up to a legal challenge.

The state Senate recently approved legislation that would restrict the release of the reports for 90 days after an accident.

Sen. Denny Altes, the bill’s sponsor, said his proposal is aimed at companies that may use the reports to solicit business from accident victims.

“It’s kind of like a ‘do not call’ list,” said Altes, R-Fort Smith.

The bill, which passed 20-2 in the Senate with 13 members not voting, includes exemptions for the media and those involved in the accident. It would also require those seeking the reports, other than authorities or parties to the accident, to state in writing that they won’t use the documents for commercial solicitation.

Sen. David Johnson, D-Little Rock, and Sen. Robert Thompson, D-Paragould, voted against the proposal.

Thompson said after the vote that he opposed the restrictions because he was worried it could open the door for a legal challenge from attorneys and others who are not allowed access to the reports.

“I just feel like by wading into this area, we may be opening Pandora’s Box and possibly passing some legislation that might lead to a lawsuit as to its constitutionality,” Thompson said.

The restriction was approved as senators also voted for new driving restrictions for teenagers and legislation allowing police to pull over drivers for not wearing their seat belts.

Supporters of the seat belt and teen-driving restrictions promoted the bills as complementing the statewide trauma system that is expected to be funded by an increase in tobacco tax. Gov. Mike Beebe signed the $87.8 million tobacco-tax increase into law on Feb. 17.

“With the graduated drivers license, seat belt bill and the trauma bill, we’re going to make as much difference and save lives in the state of Arkansas as any General Assembly ever has,” said Sen. Hank Wilkins IV, D-Pine Bluff, the sponsor of the primary seat belt bill.

The seat belt bill, which was approved on a 29-6 vote, would make the state eligible for about $9.5 million in one-time federal money. Currently, 26 states have primary seat belt laws, according to the National Highway Traffic Safety Administration.

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.

Both the primary seat belt bill and the teen-driving restrictions passed the Senate two years ago, but failed on the House end. Opponents of the primary seat belt bill in 2007 said the measure would make it easier for police to target drivers because of their race.

Sen. Sue Madison, said she voted against the seat belt measure because she viewed it as an intrusion by police into drivers’ daily lives. Madison, D-Fayetteville, said the vote was difficult because she believes everyone should wear their seat belts.

“I hate to see the list just keep growing of all the things you can be pulled over for,” Madison said after the vote.

To address the racial profiling concern, Wilkins filed legislation that would require some police departments to track the race of drivers pulled over for not wearing seat belts. That measure is pending before a Senate committee.

By a 30-2 vote, senators approved a bill that 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 roads during those times and have more passengers if accompanied by a licensed driver 21 or older, however.

The measure also bans drivers under 18 from driving with more than one unrelated minor in the car unless accompanied by a licensed driver 21 or older.

“This is an opportunity to save lives without having to spend a red cent,” said Sen. Jimmy Jeffress, D-Crossett, the bill’s sponsor.

Sen. Jim Luker, D-Wynne, and Sen. Larry Teague, D-Nashville, voted against the proposal.

Teague said on the Senate that the measure would punish teens in rural areas who may not have many leisure activities available other than driving with friends. Sen. Terry Smith, D-Hot Springs, voted for the proposal but said he thought the nighttime restrictions were too much and would interfere with some youths who go to hunting camps early in the morning.

Associated Press Writer Jill Zeman contributed to this report.