Arkansas 2025 2025 Regular Session

Arkansas House Bill HB1745 Chaptered / Bill

Filed 04/14/2025

                    Stricken language would be deleted from and underlined language would be added to present law. 
Act 604 of the Regular Session 
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State of Arkansas As Engrossed:  H3/19/25 S4/1/25   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, Henley 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 REQUIRE AN OPERATOR OF A COMMERCIAL MOTOR VEHICLE 13 
TO HAVE PROFICIENCY IN THE ENGLISH LANGUAGE; TO 14 
CREATE THE OFFENSE OF PRESENTING A FALSE FOREIGN 15 
COMMERCIAL DRIVER LICENSE; AND FOR OTHER PURPOSES. 16 
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Subtitle 19 
TO REQUIRE CERTAIN COMMERCIAL DRIVER 20 
LICENSE HOLDERS TO POSSESS A UNITED 21 
STATES WORK AUTHORIZATION; TO REQUIRE 22 
THE OPERATOR OF A COMMERCIAL MOTOR 23 
VEHICLE TO HAVE ENGLISH PROFICIENCY; AND 24 
TO CREATE RELATED OFFENSES. 25 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 27 
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 SECTION 1.  Arkansas Code Title 27, Chapter 23, is amended to add an 29 
additional subchapter to read as follows: 30 
Subchapter 3 — Offenses and Penalties 31 
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 27-23-301.  Definitions. 33 
 As used in this subchapter: 34 
 (1)  "Employment Authorization Document" means a federal Form I -35 
766 United States Citizenship and Immigration Services -issued Employment 36  As Engrossed:  H3/19/25 S4/1/25 	HB1745 
 
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Authorization Document, known popularly as a "work permit"; and 1 
 (2)  "Public record" includes: 2 
 (A)  All official books, papers, exhibits, or records of 3 
any type required by law to be created by or received and retained in a 4 
governmental office or agency, affording notice or information to the public 5 
or constituting a memorial of an act or transaction of a public office or 6 
public servant; and 7 
 (B)  A license, certificate, permit, seal, title, letter of 8 
patent, or similar document issued by a state, territory, or possession of 9 
the United States, the District of Columbia, or the Commonwealth of Puerto 10 
Rico or a foreign government engaged in a reciprocal treaty or memorandum of 11 
understanding with the United States. 12 
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 27-23-302.  Presenting false foreign commercial driver license. 14 
 (a)  A person commits the offense of presenting a false foreign 15 
commercial driver license if he or she knowingly: 16 
 (1)  Makes, presents, or uses a public record with knowledge of 17 
the falsity of the public record and with the intent that the public record 18 
be taken as a genuine public record; and 19 
 (2)  Represents that a false public record made, presented, or 20 
used under subdivision (a)(1) of this section is a valid commercial driver 21 
license issued by a foreign government. 22 
 (b)  Presenting a false foreign commercial driver license is a Class D 23 
felony. 24 
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 27-23-303.  Operating commercial vehicle without proper documentation .  26 
 (a)  A person commits the offense of operating a commercial motor 27 
vehicle without proper documentation if he or she knowingly: 28 
 (1)  Holds a valid commercial driver license issued by a foreign 29 
government; and 30 
 (2)  Does not have an Employment Authorization Document or a 31 
valid work visa in his or her immediate possession while operating a 32 
commercial motor vehicle. 33 
 (b)(1)  Except as provided in subdivision (b)(2) of this section, 34 
operating a commercial motor vehicle without proper documentation is a Class 35 
D felony. 36  As Engrossed:  H3/19/25 S4/1/25 	HB1745 
 
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 (2)  Operating a commercial vehicle without proper documentation 1 
is a Class A misdemeanor if the person establishes by a preponderance of the 2 
evidence that at the time the offense was committed, he or she had been 3 
issued a valid Employment Authorization Document or a valid work visa. 4 
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 27-23-304.  Operating a commercial motor vehicle without sufficient 6 
English Language proficiency. 7 
 (a)  An operator of a commercial motor vehicle shall be able to read 8 
and speak the English language sufficiently to: 9 
 (1)  Converse with the general public; 10 
 (2)  Understand highway traffic signs and signals in the English 11 
language; 12 
 (3)  Respond to official inquiries; and 13 
 (4)  Make entries on reports and records. 14 
 (b)  A person commits the offense of operating a commercial motor 15 
vehicle without sufficient English language proficiency if he or she: 16 
 (1)  Operates a commercial vehicle; and 17 
 (2)  Fails to demonstrate proficiency in the English language as 18 
required under subsection (a) of this section. 19 
 (c)  The offense of operating a commercial motor vehicle without 20 
sufficient English language proficiency is a violation and is subject to a 21 
fine of up to: 22 
 (1)  Five hundred dollars ($500) for the first offense; and 23 
 (2)  One thousand dollars ($1,000) for the second or subsequent 24 
offense. 25 
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 SECTION 2.  Arkansas Code § 27 -23-123 is amended to read as follows: 27 
 27-23-123.  Reciprocity. 28 
 Notwithstanding any law to the contrary, a person may drive a 29 
commercial motor vehicle if the person : has a 30 
 (1)  Has: 31 
 (A)  A commercial driver license or commercial learner's 32 
permit issued by any state or province or territory of Canada, a state, 33 
territory, or possession of the United States, the District of Columbia, or 34 
the Commonwealth of Puerto Rico in accordance with the minimum federal 35 
standards for the issuance of commercial motor vehicle driver licenses	, if 36  As Engrossed:  H3/19/25 S4/1/25 	HB1745 
 
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the person is; or 1 
 (B)  Both a: 2 
 (i)  Commercial driver license issued by Canada, 3 
Mexico, or any other jurisdiction under a waiver or exemption recognized by 4 
the Federal Motor Carrier Safety Administration; and 5 
 (ii)  Valid work visa or valid Employment 6 
Authorization Document, as defined in § 27-23-301; and 7 
 (2)  Is not suspended, revoked, cancelled, or disqualified from 8 
driving a commercial motor vehicle, or subject to an out -of-service order. 9 
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/s/Hawk 11 
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APPROVED: 4/14/25 14 
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