Arkansas 2025 2025 Regular Session

Arkansas House Bill HB1745 Draft / Bill

Filed 03/11/2025

                    Stricken language would be deleted from and underlined language would be added to present law. 
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State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	HOUSE BILL 1745 3 
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By: Representatives Hawk, Brooks, Joey Carr, Eaves, Evans, Hall, Holcomb, Milligan, Nazarenko, 5 
Painter, Pilkington, Schulz, Vaught 6 
By: Senators K. Hammer, J. Boyd, J. Bryant, Dees, Gilmore 7 
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For An Act To Be Entitled 9 
AN ACT TO REQUIRE CERTAIN COMMERCIAL DRIVER LICENSE 10 
HOLDERS TO POSSESS A UNITED STATES WORK AUTHORIZATION 11 
TO OPERATE A COMMERCIAL MOTOR VEHICLE IN THE STATE; 12 
TO CREATE THE OFFENSE OF PRESENTING A FALSE FOREIGN 13 
COMMERCIAL DRIVER LICENSE; AND FOR OTHER PURPOSES. 14 
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Subtitle 17 
TO REQUIRE CERTAIN COMMERCIAL DRIVER 18 
LICENSE HOLDERS TO POSSESS A UNITED 19 
STATES WORK AUTHORIZATION TO OPERATE A 20 
COMMERCIAL MOTOR VEHICLE IN THE STATE;  21 
AND TO CREATE RELATED OFFENSES. 22 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24 
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 SECTION 1.  Arkansas Code Title 27, Chapter 23, is amended to add an 26 
additional subchapter to read as follows: 27 
Subchapter 3 — Offenses and Penalties 28 
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 27-23-301.  Definitions. 30 
 As used in this subchapter: 31 
 (1)  "Employment Authorization Document" means a federal Form I -32 
766 United States Citizenship and Immigration Services -issued Employment 33 
Authorization Document, known popularly as a "work permit"; and 34 
 (2)  "Public record" includes: 35 
 (A)  All official books, papers, exhibits, or records of 36    	HB1745 
 
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any type required by law to be created by or received and retained in a 1 
governmental office or agency, affording notice or information to the public 2 
or constituting a memorial of an act or transaction of a public office or 3 
public servant; and 4 
 (B)  A license, certificate, permit, seal, title, letter of 5 
patent, or similar document issued by a state, territory, or possession of 6 
the United States, the District of Columbia, or the Commonwealth of Puerto 7 
Rico or a foreign government engaged in a reciprocal treaty or memorandum of 8 
understanding with the United States. 9 
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 27-23-302.  Presenting false foreign commercial driver license. 11 
 (a)  A person commits the offense of presenting a false foreign 12 
commercial driver license if he or she knowingly: 13 
 (1)  Makes, presents, or uses a public record with knowledge of 14 
the falsity of the public record and with the intent that the public record 15 
be taken as a genuine public record; and 16 
 (2)  Represents that a false public record made, presented, or 17 
used under subdivision (a)(1) of this section is a valid commercial driver 18 
license issued by a foreign government. 19 
 (b)  Presenting a false foreign commercial driver license is a Class D 20 
felony. 21 
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 27-23-303.  Operating commercial vehicle without Employment 23 
Authorization Document. 24 
 (a)  A person commits the offense of operating a commercial motor 25 
vehicle without an Employment Authorization Document if he or she knowingly: 26 
 (1)  Holds a valid commercial driver license issued by a foreign 27 
government; and 28 
 (2)  Does not have an Employment Authorization Document in his or 29 
her immediate possession while operating a commercial motor vehicle. 30 
 (b)(1)  Except as provided in subdivision (b)(2) of this section, 31 
operating a commercial motor vehicle without an Employment Authorization 32 
Document is a Class D felony. 33 
 (2)  Operating a commercial vehicle without an Employment 34 
Authorization Document is a Class A misdemeanor if the person establishes by 35 
a preponderance of the evidence that at the time the offense was committed, 36    	HB1745 
 
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he or she had been issued a valid Employment Authorization Document. 1 
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 SECTION 2.  Arkansas Code § 27 -23-123 is amended to read as follows: 3 
 27-23-123.  Reciprocity. 4 
 Notwithstanding any law to the contrary, a person may drive a 5 
commercial motor vehicle if the person : has a 6 
 (1)  Has: 7 
 (A)  A commercial driver license or commercial learner's 8 
permit issued by any state or province or territory of Canada, a state, 9 
territory, or possession of the United States, the District of Columbia, or 10 
the Commonwealth of Puerto Rico in accordance with the minimum federal 11 
standards for the issuance of commercial motor vehicle driver licenses	, if 12 
the person is; or 13 
 (B)  Both a: 14 
 (i)  Commercial driver license or commercial 15 
learner's permit issued by Canada, Mexico, or any other jurisdiction under a 16 
waiver or exemption recognized by the Federal Motor Carrier Safety 17 
Administration; and 18 
 (ii)  Valid employment authorization document, as 19 
defined in § 27-23-301; and 20 
 (2)  Is not suspended, revoked, cancelled, or disqualified from 21 
driving a commercial motor vehicle, or subject to an out -of-service order. 22 
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