Louisiana 2023 Regular Session

Louisiana House Bill HCR135 Latest Draft

Bill / Introduced Version

                            HLS 23RS-3606	ORIGINAL
2023 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 135
BY REPRESENTATIVE KNOX
MOTOR VEHICLES:  Urges and requests the office of motor vehicles to implement federal
regulations relative to commercial drivers' licenses
1	A CONCURRENT RESOL UTION
2To urge and request the office of motor vehicles to begin implementing new federal
3 regulations related to state driver's licensing agencies accessing and using
4 information obtained through the Drug and Alcohol Clearinghouse.
5 WHEREAS, public safety is endangered by the operation of commercial motor
6vehicles by drivers who are under the influence of drugs or alcohol; and
7 WHEREAS, the state of Louisiana is responsible for ensuring its commercial motor
8vehicle operators are not endangering public safety; and
9 WHEREAS, federal law regulates Department of Transportation drug testing and
10oversees the procedures when a drug or alcohol test is failed or refused by someone with a
11commercial driver's license; and
12 WHEREAS, four-year-old Katie Grantham was killed in an accident involving a
13commercial vehicle operator who was hired after a previously failed Department of
14Transportation drug test; and
15 WHEREAS, tragic situations such as Katie Grantham's necessitated changes in the
16federal regulations regarding commercial driver's licenses for operators with previously
17failed or refused Department of Transportation drug and alcohol tests; and
18 WHEREAS, the Federal Motor Carrier Safety Administration amended its
19regulations to establish requirements for state driver's licensing agencies to access and use
20information obtained through the Drug and Alcohol Clearinghouse, a database administered
Page 1 of 3 HLS 23RS-3606	ORIGINAL
HCR NO. 135
1by the Federal Motor Carrier Safety Administration that contains driver-specific controlled
2substance and alcohol records, effective November 18, 2024; and
3 WHEREAS, the new regulations require state driver's licensing agencies not issue,
4renew, upgrade, or transfer a commercial driver's license for any individual prohibited under
5the Federal Motor Carrier Safety Administration's regulations from performing safety-
6sensitive functions, including driving a commercial motor vehicle, due to one or more drug
7or alcohol program violations; and
8 WHEREAS, when the new regulations take effect in November of 2024, commercial
9drivers' licenses will be appropriately restricted for driving a commercial vehicle following
10a failed or refused Department of Transportation drug or alcohol test; and
11 WHEREAS, tragic situations such as Katie Grantham's necessitated changes in the
12federal regulations regarding commercial driver's licenses for operators with previously
13failed or refused Department of Transportation drug and alcohol tests; and
14 WHEREAS, it is through the relentless dedication and persistence of Katie
15Grantham's loving family that efforts are still being made to prevent avoidable tragedies like
16this in the future; and
17 WHEREAS, these families recognize the urgent need to implement changes now,
18which is why there is no time for the office of motor vehicles to await delayed
19implementation when acting at this very moment could save lives; and
20 WHEREAS, the new regulations are a significant step forward in addressing the issue
21of potentially impaired drivers operating commercial motor vehicles and should be
22implemented as soon as possible.
23 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
24urge and request the office of motor vehicles begin implementation of the new regulations
25immediately or as soon as it can feasibly do so.
26 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
27secretary of the office of motor vehicles.
Page 2 of 3 HLS 23RS-3606	ORIGINAL
HCR NO. 135
DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HCR 135 Original 2023 Regular Session	Knox
Urges and requests the office of motor vehicles to begin implementing new federal
regulations related to state driver's licensing agencies accessing and using information
obtained through the federal Drug and Alcohol Clearinghouse.
Page 3 of 3