Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas As Engrossed: H3/29/23 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 341 3
4
By: Senator J. Boyd 5
By: Representative McClure 6
7
For An Act To Be Entitled 8
AN ACT TO AMEND THE COMMERCIAL DRIVER AL COHOL AND 9
DRUG TESTING ACT TO COMPLY WITH FEDERAL MOTOR CARRIER 10
SAFETY ADMINISTRATIO N REGULATIONS; AND F OR OTHER 11
PURPOSES. 12
13
14
Subtitle 15
TO AMEND THE COMMERCIAL DRIVER ALCOHOL 16
AND DRUG TESTING ACT TO COMPLY WITH 17
FEDERAL MOTOR CARRIER SAFETY 18
ADMINISTRATION REGULATIONS. 19
20
21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
23
SECTION 1. Arkansas Code Title 27, Chapter 23, Subchapter 2 is amended 24
to read as follows: 25
27-23-202. Definitions. 26
(a) As used in this subchapter: 27
(1) "Commercial Driver's License Drug and Alcohol Clearinghouse" 28
means the Federal Motor Carrier Safety Administration's database that: 29
(A) Contains information required to be repo rted by 30
employers and service agents regarding drivers who are subject to the 31
Department of Transportation's controlled substance and alcohol testing 32
regulations; and 33
(B) Is used to provide information for queries concerning 34
driver records; 35
(2)(A)(i) “Consortium/third -party administrator” means a service 36 As Engrossed: H3/29/23 SB341
2 03-29-2023 11:07:06 DTP032
agent that provides or coordinates the provision of drug and alcohol testing 1
services to employers that are required to comply with the drug and alcohol 2
testing provisions under the Federal Motor C arrier Safety Regulations, 49 3
C.F.R. pts. 350-399, as in effect on January 1, 2009 November 8, 2021. 4
(ii) A consortium/third -party administrator performs 5
tasks concerning the operation of an employer's drug and alcohol testing 6
programs. 7
(B) “Consortium/third-party administrator” includes 8
without limitation, groups of employers who join together to administer, as a 9
single entity, the drug and alcohol testing programs of its members that are 10
required under the Federal Motor Carrier Safety Regulations , 49 C.F.R. pts. 11
350-399, as in effect on January 1, 2009 November 8, 2021. 12
(C) A consortium/third -party administrator is not an 13
“employer” for purposes of this subchapter; 14
(2)(A)(3) "Department of Transportation" means an agency or 15
operating administration of the United States Department of Transportation 16
administering regulations requiring alcohol or drug testing under 14 C.F.R. 17
pts. 61, 63, 65, 121, and 135 and 49 C.F.R. parts 199, 219, 382, and 655 as 18
in effect on November 8, 2021. 19
(4)(A) “Employee” means a person who is a holder of an Arkansas 20
commercial driver license and is subject to drug and alcohol tests under the 21
Federal Motor Carrier Safety Regulations, 49 C.F.R. pts. 350 -399, as in 22
effect on January 1, 2009 November 8, 2021. 23
(B) “Employee” includes an individual currently performing 24
safety-sensitive transportation jobs and an applicant for employment in 25
safety-sensitive transportation jobs subject to preemployment testing; and 26
(3)(5)(A) “Employer” means an Arkansas person or ent ity 27
employing one (1) or more employees subject to the drug and alcohol testing 28
provisions under the Federal Motor Carrier Safety Regulations, 49 C.F.R. pts. 29
350-399, as in effect on January 1, 2009 November 8, 2021. 30
(B) “Employer” includes: 31
(i) An individual who holds an Arkansas commercial 32
driver license who is self -employed in a safety -sensitive transportation job 33
for which drug and alcohol tests are required under the Federal Motor Carrier 34
Safety Regulations, 49 C.F.R. pts. 350 -399, as in effect on January 1, 2009 35
November 8, 2021; and 36 As Engrossed: H3/29/23 SB341
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(ii) An Arkansas employer's officer, representative, 1
or management personnel . 2
(b) Except as provided in this subchapter, the definition 3
under 49 C.F.R. § 40.3, as in effect on January 1, 2009 November 8, 2021, 4
applies to a term that is used in this subchapter if that term is defined 5
under 49 C.F.R. § 40.3, as in effect on January 1, 2009 November 8, 2021. 6
7
SECTION 2. Arkansas Code § 27 -23-203 is amended to read as follows: 8
27-23-203. Applicability — Exemptions. 9
(a) This subchapter applies to: 10
(1) An Arkansas employer who is required to comply with the drug 11
and alcohol testing provisions under the Federal Motor Carrier Safety 12
Regulations, 49 C.F.R. pts. 350 -399, as in effect on January 1, 2009 November 13
8, 2021; 14
(2) An employee who holds an Arkansas commercial driver license 15
and who either: 16
(A) Is employed by an Arkansas employer in a safety -17
sensitive transportation job for which drug and alcohol tests are required 18
under the Federal Motor Carrier Safety Regulations, 49 C.F.R. pts. 350 -399, 19
as in effect on January 1, 2009 November 8, 2021; or 20
(B) Has submitted an application for employment with an 21
Arkansas employer for a safety -sensitive transportation job for which drug 22
and alcohol tests are required under the Federal Motor Carrier Safety 23
Regulations, 49 C.F.R. pts. 350 -399, as in effect on January 1, 2009 November 24
8, 2021; and 25
(3) A consortium/third -party administrator that provides or 26
coordinates the provision of drug and alcohol te sting services to Arkansas 27
employers that are required under the Federal Motor Carrier Safety 28
Regulations, 49 C.F.R. pts. 350 -399, as in effect on January 1, 2009 November 29
8, 2021. 30
(b) This subchapter does not apply to an individual who is exempt from 31
holding a commercial driver license notwithstanding whether the individual 32
holds a commercial driver license. 33
34
SECTION 3. Arkansas Code § 27 -23-205 is repealed: 35
27-23-205. Reporting test results. 36 As Engrossed: H3/29/23 SB341
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(a) An Arkansas employer shall report to the Office of Driver Services 1
within three (3) business days the results of an alcohol screening test that 2
is performed on an employee who holds an Arkansas commercial driver license 3
if: 4
(1) The alcohol screening test is performed pursuant to 49 5
C.F.R. § 382.303 or § 382.305, as in effect on January 1, 2009; and 6
(2) One (1) of the following occurs regarding the alcohol 7
screening test: 8
(A) A valid positive result; or 9
(B) The refusal to provide a specimen for an alcohol 10
screening test. 11
(b) An Arkansas emplo yer shall report within three (3) business days 12
to the Office of Driver Services any of the following occurrences regarding a 13
drug test result of an employee who holds an Arkansas commercial driver 14
license: 15
(1) A valid positive result on a drug test for any of the 16
following drugs: 17
(A) Marijuana metabolites; 18
(B) Cocaine metabolites; 19
(C) Amphetamines; 20
(D) Opiate metabolites; or 21
(E) Phencyclidine; 22
(2) The refusal to provide a specimen for a drug test; or 23
(3) The submission of an ad ulterated specimen, a dilute positive 24
specimen, or a substituted specimen on a drug test performed. 25
(c) A consortium/third -party administrator shall report to the Office 26
of Driver Services within three (3) business days the results of an alcohol 27
screening test that is performed on an Arkansas employer or employee who 28
holds an Arkansas commercial driver license if: 29
(1) The alcohol screening test is performed pursuant to 49 30
C.F.R. § 382.303 or § 382.305, as in effect on January 1, 2009; and 31
(2) One (1) of the following occurs regarding the alcohol 32
screening test: 33
(A) A valid positive result; or 34
(B) The refusal to provide a specimen for an alcohol 35
screening test. 36 As Engrossed: H3/29/23 SB341
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(d) A consortium/third -party administrator shall report within three 1
(3) business days to the Office of Driver Services any of the following 2
occurrences regarding a drug test result of an Arkansas employer or employee 3
who holds an Arkansas commercial driver license: 4
(1) A valid positive result on a drug test for any of the 5
following drugs: 6
(A) Marijuana metabolites; 7
(B) Cocaine metabolites; 8
(C) Amphetamines; 9
(D) Opiate metabolites; or 10
(E) Phencyclidine; 11
(2) The refusal to provide a specimen for a drug test; or 12
(3) The submission of an adulterated specimen, a dilute positive 13
specimen, or a substituted specimen on a drug test performed. 14
15
SECTION 4. Arkansas Code § 27 -23-206 is amended to read as follows: 16
27-23-206. Maintenance Application of Clearinghouse and maintenance of 17
information — Confidentiality. 18
(a)(1) The Office of Driver Services shall maintain the information 19
provided under this section in a database to be known as the “Commercial 20
Driver Alcohol and Drug Testing Database” for at least three (3) years. 21
(b) Notwithstanding any other provision of law to the contrary, 22
personally identifying information of employees in the database is 23
confidential and shall be released by the Office of Driver Services only as 24
provided under § 27-23-207. 25
(c) The use of one (1) report generated from the database to establish 26
noncompliance for the imposition of a penalty under § 27 -23-209 shall not 27
subject the contents of the entire database to disclosure. 28
Upon receipt of an application to issue, renew, transfer, or upgrade a 29
commercial driver license or commercial learner permit, the Office of Driver 30
Services shall request the driver's record from the Commercial Driver’s 31
License Drug and Alcohol Clearinghou se. 32
(2) If the query indicates that the driver is prohibited from 33
operating a commercial motor vehicle, the application for a commercial driver 34
license or commercial learner permit will be denied. 35
(3) A driver may resubmit his or her application to the office 36 As Engrossed: H3/29/23 SB341
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after complying with the Federal Motor Carrier Safety Administration’s 1
return-to-duty process, as set forth in 49 C.F.R. Part 40, Subpart O, as in 2
effect on January 1, 2023. 3
(4) The office shall not approve an application unless a 4
negative return-to-duty test result has been reported to the Commercial 5
Driver's License Drug and Alcohol Clearinghouse. 6
(b)(1)(A) If the office is notified by the Federal Motor Carrier 7
Safety Administration that a driver is prohibited from operating a commercia l 8
motor vehicle under 49 C.F.R. 382.501(a), as in effect on January 1, 2023, 9
the office shall revoke the driver's commercial driver license or commercial 10
learner permit. 11
(B) A revocation under subdivision (b)(1)(A) of this 12
section shall be effective i mmediately upon receipt of the notification from 13
the Federal Motor Carrier Safety Administration. 14
(2) The revocation of the commercial driver license or 15
commercial learner permit will result in a downgrade to a standard driver’s 16
license. 17
(3) The office shall complete and record the downgrade on the 18
driver’s record within sixty (60) days of notification from the Federal Motor 19
Carrier Safety Administration. 20
(c) The office: 21
(1) Shall only use the information received from the Commercial 22
Driver’s License Drug and Alcohol Clearinghouse to determine a driver’s 23
qualifications to operate a commercial motor vehicle; and 24
(2) May not divulge or permit any other person or entity to 25
divulge any information from the Commercial Driver’s License Drug and Alcohol 26
Clearinghouse to any person or entity not directly involved in determining a 27
driver’s qualifications to operate a motor vehicle. 28
29
SECTION 5. Arkansas Code §§ 27 -23-207 - 27-23-209 are repealed. 30
27-23-207. Use of database by employers. 31
(a) An Arkansas employer shall submit a request for information from 32
the Commercial Driver Alcohol and Drug Testing Database for each employee who 33
is subject to drug and alcohol testing under this subchapter. 34
(b) The request for information shall be submitted t o the Office of 35
Driver Services by the Arkansas employer with an authorization that is signed 36 As Engrossed: H3/29/23 SB341
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by the employee. 1
(c)(1)(A) The fee for the request for information is a nominal fee not 2
to exceed one dollar ($1.00) per employee per request. 3
(B) The Office of Driver Services shall determine the 4
amount of the fee. 5
(C) The Office of Driver Services shall set the fee before 6
implementation by rule. 7
(2) The fee shall be assessed to and paid by the Arkansas 8
employer requesting the information. 9
(d) The Arkansas employer shall maintain a record of the report from 10
the database that results from the request for information submitted under 11
this section for at least three (3) years. 12
13
27-23-208. Use of database by employee. 14
(a) An employee who holds a comme rcial driver license may submit a 15
request for information from the Commercial Driver Alcohol and Drug Testing 16
Database for his or her report. 17
(b) The request for information shall be submitted with a signed 18
authorization to the Office of Driver Services by the employee who holds a 19
commercial driver's license. 20
(c)(1) The fee for the request for information is one dollar ($1.00) 21
per request. 22
(2) The fee shall be submitted with the signed authorization. 23
24
27-23-209. Penalties. 25
(a)(1) The penalty for a n Arkansas employer who knowingly fails to 26
check the Commercial Driver Alcohol and Drug Testing Database as required 27
under this subchapter is one thousand dollars ($1,000). 28
(2) The penalty described in subdivision (a)(1) of this section 29
shall be assessed beginning July 1, 2008. 30
(b)(1) Except as provided under subdivision (b)(2) of this section, 31
the penalty for an Arkansas employer who knowingly hires an employee with a 32
record of a positive alcohol or drug test in the database is five thousand 33
dollars ($5,000). 34
(2) This subsection does not apply to an employee who has 35
completed a treatment program or an education program prescribed by a 36 As Engrossed: H3/29/23 SB341
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substance abuse professional and who has been found eligible to return to 1
duty by the employer as provided under 49 C.F.R. §§ 40.281 — 40.313, as in 2
effect on January 1, 2009. 3
(c) The penalty for an Arkansas employer who knowingly fails to report 4
an occurrence regarding an alcohol or drug screening test as required under § 5
27-23-205(a) or § 27-23-205(b) is five hundre d dollars ($500). 6
(d)(1) The penalty for a consortium/third -party administrator who 7
knowingly fails to report an occurrence regarding a drug or alcohol test 8
result as required under § 27 -23-205(c) or § 27-23-205(d) is five hundred 9
dollars ($500). 10
(2) If the consortium/third -party administrator is out of state, 11
the penalty under subdivision (d)(1) of this section shall be extended to the 12
Arkansas employer that contracted with the consortium/third -party 13
administrator. 14
(e) The penalties under this secti on do not apply to the State of 15
Arkansas, an agency of the state, or a political subdivision of the state. 16
(f) Moneys collected under this section are special revenues and shall 17
be deposited into the State Treasury to the credit of the State Highway and 18
Transportation Department Fund. 19
20
SECTION 6. Arkansas Code § 27 -23-210 is amended to read as follows: 21
27-23-210. Miscellaneous authority — Rules. 22
(a) The Office of Driver Services shall pursue grants available 23
through the United States Department of Transportation or other entity to 24
assist with the cost of this program compliance with the Commercial Driver's 25
License Drug and Alcohol Clearinghouse . 26
(b) The Office of Driver Services may: 27
(1) Adopt rules to administer this subchapter; and 28
(2) Receive and expend any moneys arising from grants, 29
contributions, or reimbursements from the United States Department of 30
Transportation or other entity for performing its duties under this 31
subchapter; and 32
(3) Contract with a third party to administer the Commercial 33
Driver Alcohol and Drug Testing Database . 34
35
/s/J. Boyd 36