Arkansas 2025 Regular Session

Arkansas House Bill HB1745 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 604 of the Regular Session
3		-	ZRC088 04-01-2025 10:21:00 ZRC088
4		-
5		-	State of Arkansas As Engrossed: H3/19/25 S4/1/25 1
	2	+	ZRC088 03/11/2025 4:01:54 PM ZRC088
	3	+	State of Arkansas 1
6	4		95th General Assembly A Bill 2
7	5		Regular Session, 2025 HOUSE BILL 1745 3
8	6		4
9	7		By: Representatives Hawk, Brooks, Joey Carr, Eaves, Evans, Hall, Holcomb, Milligan, Nazarenko, 5
10		-	Painter, Pilkington, Schulz, Vaught~~, Henley~~ 6
	8	+	Painter, Pilkington, Schulz, Vaught 6
11	9		By: Senators K. Hammer, J. Boyd, J. Bryant, Dees, Gilmore 7
12	10		8
13	11		For An Act To Be Entitled 9
14	12		AN ACT TO REQUIRE CERTAIN COMMERCIAL DRIVER LICENSE 10
15	13		HOLDERS TO POSSESS A UNITED STATES WORK AUTHORIZATION 11
16	14		TO OPERATE A COMMERCIAL MOTOR VEHICLE IN THE STATE; 12
17		-	TO REQUIRE AN OPERATOR OF A COMMERCIAL MOTOR VEHICLE 13
18		-	TO HAVE PROFICIENCY IN THE ENGLISH LANGUAGE; TO 14
19		-	CREATE THE OFFENSE OF PRESENTING A FALSE FOREIGN 15
20		-	COMMERCIAL DRIVER LICENSE; AND FOR OTHER PURPOSES. 16
21		-	17
22		-	18
23		-	Subtitle 19
24		-	TO REQUIRE CERTAIN COMMERCIAL DRIVER 20
25		-	LICENSE HOLDERS TO POSSESS A UNITED 21
26		-	STATES WORK AUTHORIZATION; TO REQUIRE 22
27		-	THE OPERATOR OF A COMMERCIAL MOTOR 23
28		-	VEHICLE TO HAVE ENGLISH PROFICIENCY; AND 24
29		-	TO CREATE RELATED OFFENSES. 25
30		-	26
31		-	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 27
32		-	28
33		-	SECTION 1. Arkansas Code Title 27, Chapter 23, is amended to add an 29
34		-	additional subchapter to read as follows: 30
35		-	Subchapter 3 — Offenses and Penalties 31
36		-	32
37		-	27-23-301. Definitions. 33
38		-	As used in this subchapter: 34
39		-	(1) "Employment Authorization Document" means a federal Form I -35
40		-	766 United States Citizenship and Immigration Services -issued Employment 36 As Engrossed: H3/19/25 S4/1/25 HB1745
41		-
42		-	2 04-01-2025 10:21:00 ZRC088
43		-
44		-
45		-	Authorization Document, known popularly as a "work permit"; and 1
46		-	(2) "Public record" includes: 2
47		-	(A) All official books, papers, exhibits, or records of 3
48		-	any type required by law to be created by or received and retained in a 4
49		-	governmental office or agency, affording notice or information to the public 5
50		-	or constituting a memorial of an act or transaction of a public office or 6
51		-	public servant; and 7
52		-	(B) A license, certificate, permit, seal, title, letter of 8
53		-	patent, or similar document issued by a state, territory, or possession of 9
54		-	the United States, the District of Columbia, or the Commonwealth of Puerto 10
55		-	Rico or a foreign government engaged in a reciprocal treaty or memorandum of 11
56		-	understanding with the United States. 12
57		-	13
58		-	27-23-302. Presenting false foreign commercial driver license. 14
59		-	(a) A person commits the offense of presenting a false foreign 15
60		-	commercial driver license if he or she knowingly: 16
61		-	(1) Makes, presents, or uses a public record with knowledge of 17
62		-	the falsity of the public record and with the intent that the public record 18
63		-	be taken as a genuine public record; and 19
64		-	(2) Represents that a false public record made, presented, or 20
65		-	used under subdivision (a)(1) of this section is a valid commercial driver 21
66		-	license issued by a foreign government. 22
67		-	(b) Presenting a false foreign commercial driver license is a Class D 23
68		-	felony. 24
69		-	25
70		-	27-23-303. Operating commercial vehicle without proper documentation . 26
71		-	(a) A person commits the offense of operating a commercial motor 27
72		-	vehicle without proper documentation if he or she knowingly: 28
73		-	(1) Holds a valid commercial driver license issued by a foreign 29
74		-	government; and 30
75		-	(2) Does not have an Employment Authorization Document or a 31
76		-	valid work visa in his or her immediate possession while operating a 32
77		-	commercial motor vehicle. 33
78		-	(b)(1) Except as provided in subdivision (b)(2) of this section, 34
79		-	operating a commercial motor vehicle without proper documentation is a Class 35
80		-	D felony. 36 As Engrossed: H3/19/25 S4/1/25 HB1745
81		-
82		-	3 04-01-2025 10:21:00 ZRC088
83		-
84		-
85		-	(2) Operating a commercial vehicle without proper documentation 1
86		-	is a Class A misdemeanor if the person establishes by a preponderance of the 2
87		-	evidence that at the time the offense was committed, he or she had been 3
88		-	issued a valid Employment Authorization Document or a valid work visa. 4
89		-	5
90		-	27-23-304. Operating a commercial motor vehicle without sufficient 6
91		-	English Language proficiency. 7
92		-	(a) An operator of a commercial motor vehicle shall be able to read 8
93		-	and speak the English language sufficiently to: 9
94		-	(1) Converse with the general public; 10
95		-	(2) Understand highway traffic signs and signals in the English 11
96		-	language; 12
97		-	(3) Respond to official inquiries; and 13
98		-	(4) Make entries on reports and records. 14
99		-	(b) A person commits the offense of operating a commercial motor 15
100		-	vehicle without sufficient English language proficiency if he or she: 16
101		-	(1) Operates a commercial vehicle; and 17
102		-	(2) Fails to demonstrate proficiency in the English language as 18
103		-	required under subsection (a) of this section. 19
104		-	(c) The offense of operating a commercial motor vehicle without 20
105		-	sufficient English language proficiency is a violation and is subject to a 21
106		-	fine of up to: 22
107		-	(1) Five hundred dollars ($500) for the first offense; and 23
108		-	(2) One thousand dollars ($1,000) for the second or subsequent 24
109		-	offense. 25
110		-	26
111		-	SECTION 2. Arkansas Code § 27 -23-123 is amended to read as follows: 27
112		-	27-23-123. Reciprocity. 28
113		-	Notwithstanding any law to the contrary, a person may drive a 29
114		-	commercial motor vehicle if the person : has a 30
115		-	(1) Has: 31
116		-	(A) A commercial driver license or commercial learner's 32
117		-	permit issued by any state or province or territory of Canada, a state, 33
118		-	territory, or possession of the United States, the District of Columbia, or 34
119		-	the Commonwealth of Puerto Rico in accordance with the minimum federal 35
120		-	standards for the issuance of commercial motor vehicle driver licenses , if 36 As Engrossed: H3/19/25 S4/1/25 HB1745
121		-
122		-	4 04-01-2025 10:21:00 ZRC088
123		-
124		-
125		-	the person is; or 1
126		-	(B) Both a: 2
127		-	(i) Commercial driver license issued by Canada, 3
128		-	Mexico, or any other jurisdiction under a waiver or exemption recognized by 4
129		-	the Federal Motor Carrier Safety Administration; and 5
130		-	(ii) Valid work visa or valid Employment 6
131		-	Authorization Document, as defined in § 27-23-301; and 7
132		-	(2) Is not suspended, revoked, cancelled, or disqualified from 8
133		-	driving a commercial motor vehicle, or subject to an out -of-service order. 9
134		-	10
135		-	/s/Hawk 11
136		-	12
137		-	13
138		-	APPROVED: 4/14/25 14
	15	+	TO CREATE THE OFFENSE OF PRESENTING A FALSE FOREIGN 13
	16	+	COMMERCIAL DRIVER LICENSE; AND FOR OTHER PURPOSES. 14
139	17		15
140	18		16
141		-	17
142		-	18
143		-	19
144		-	20
145		-	21
	19	+	Subtitle 17
	20	+	TO REQUIRE CERTAIN COMMERCIAL DRIVER 18
	21	+	LICENSE HOLDERS TO POSSESS A UNITED 19
	22	+	STATES WORK AUTHORIZATION TO OPERATE A 20
	23	+	COMMERCIAL MOTOR VEHICLE IN THE STATE; 21
	24	+	AND TO CREATE RELATED OFFENSES. 22
	25	+	23
	26	+	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
	27	+	25
	28	+	SECTION 1. Arkansas Code Title 27, Chapter 23, is amended to add an 26
	29	+	additional subchapter to read as follows: 27
	30	+	Subchapter 3 — Offenses and Penalties 28
	31	+	29
	32	+	27-23-301. Definitions. 30
	33	+	As used in this subchapter: 31
	34	+	(1) "Employment Authorization Document" means a federal Form I -32
	35	+	766 United States Citizenship and Immigration Services -issued Employment 33
	36	+	Authorization Document, known popularly as a "work permit"; and 34
	37	+	(2) "Public record" includes: 35
	38	+	(A) All official books, papers, exhibits, or records of 36 HB1745
	39	+
	40	+	2 03/11/2025 4:01:54 PM ZRC088
	41	+	any type required by law to be created by or received and retained in a 1
	42	+	governmental office or agency, affording notice or information to the public 2
	43	+	or constituting a memorial of an act or transaction of a public office or 3
	44	+	public servant; and 4
	45	+	(B) A license, certificate, permit, seal, title, letter of 5
	46	+	patent, or similar document issued by a state, territory, or possession of 6
	47	+	the United States, the District of Columbia, or the Commonwealth of Puerto 7
	48	+	Rico or a foreign government engaged in a reciprocal treaty or memorandum of 8
	49	+	understanding with the United States. 9
	50	+	10
	51	+	27-23-302. Presenting false foreign commercial driver license. 11
	52	+	(a) A person commits the offense of presenting a false foreign 12
	53	+	commercial driver license if he or she knowingly: 13
	54	+	(1) Makes, presents, or uses a public record with knowledge of 14
	55	+	the falsity of the public record and with the intent that the public record 15
	56	+	be taken as a genuine public record; and 16
	57	+	(2) Represents that a false public record made, presented, or 17
	58	+	used under subdivision (a)(1) of this section is a valid commercial driver 18
	59	+	license issued by a foreign government. 19
	60	+	(b) Presenting a false foreign commercial driver license is a Class D 20
	61	+	felony. 21
146	62		22
	63	+	27-23-303. Operating commercial vehicle without Employment 23
	64	+	Authorization Document. 24
	65	+	(a) A person commits the offense of operating a commercial motor 25
	66	+	vehicle without an Employment Authorization Document if he or she knowingly: 26
	67	+	(1) Holds a valid commercial driver license issued by a foreign 27
	68	+	government; and 28
	69	+	(2) Does not have an Employment Authorization Document in his or 29
	70	+	her immediate possession while operating a commercial motor vehicle. 30
	71	+	(b)(1) Except as provided in subdivision (b)(2) of this section, 31
	72	+	operating a commercial motor vehicle without an Employment Authorization 32
	73	+	Document is a Class D felony. 33
	74	+	(2) Operating a commercial vehicle without an Employment 34
	75	+	Authorization Document is a Class A misdemeanor if the person establishes by 35
	76	+	a preponderance of the evidence that at the time the offense was committed, 36 HB1745
	77	+
	78	+	3 03/11/2025 4:01:54 PM ZRC088
	79	+	he or she had been issued a valid Employment Authorization Document. 1
	80	+	2
	81	+	SECTION 2. Arkansas Code § 27 -23-123 is amended to read as follows: 3
	82	+	27-23-123. Reciprocity. 4
	83	+	Notwithstanding any law to the contrary, a person may drive a 5
	84	+	commercial motor vehicle if the person : has a 6
	85	+	(1) Has: 7
	86	+	(A) A commercial driver license or commercial learner's 8
	87	+	permit issued by any state or province or territory of Canada, a state, 9
	88	+	territory, or possession of the United States, the District of Columbia, or 10
	89	+	the Commonwealth of Puerto Rico in accordance with the minimum federal 11
	90	+	standards for the issuance of commercial motor vehicle driver licenses , if 12
	91	+	the person is; or 13
	92	+	(B) Both a: 14
	93	+	(i) Commercial driver license or commercial 15
	94	+	learner's permit issued by Canada, Mexico, or any other jurisdiction under a 16
	95	+	waiver or exemption recognized by the Federal Motor Carrier Safety 17
	96	+	Administration; and 18
	97	+	(ii) Valid employment authorization document, as 19
	98	+	defined in § 27-23-301; and 20
	99	+	(2) Is not suspended, revoked, cancelled, or disqualified from 21
	100	+	driving a commercial motor vehicle, or subject to an out -of-service order. 22
147	101		23
148	102		24
149	103		25
150	104		26
151	105		27
152	106		28
153	107		29
154	108		30
155	109		31
156	110		32
157	111		33
158	112		34
159	113		35
160	114		36