Subchapter 1 - Arkansas Uniform Commercial Driver License Act
Subchapter 2 - Drug and Alcohol Testing
A.C.R.C. Notes. References to “this chapter” in §§ 27-23-101 - 27-23-124 may not apply to § 27-23-125 which was enacted subsequently.
Effective Dates. Acts 1989, No. 241, § 26: Jan. 1, 1990.
Acts 1991, No. 1042, § 3: July 1, 1992.
Acts 1993, No. 445, § 46: Mar. 10, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas that the terms ‘operator's license’ and ‘chauffeur's license’ are obsolete and should be replaced with the term ‘driver's license’; that the chauffeur's license is no longer issued and has been replaced with the commercial driver's license; that federal law governing commercial driver's license authorizes the use of an assigned number on a commercial driver's license instead of the applicant's social security number; and that this act is necessary to eliminate obsolete references in the Arkansas Code and to be in compliance with federal law governing commercial driver's license. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1993, No. 1257, § 11: Apr. 20, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly that federal mandates require the loss of federal highway funds without implementation of a system of suspending the driving privileges of persons holding such privileges granted by this State and found guilty of certain drug offenses, whether such finding occurred in this state or out-of-state, and that additional enforcement provisions are urgently needed to deter persons illegally using or dealing in drugs; that this Act will provide that additional enforcement mechanism; and that this Act should go into effect immediately in order to meet the requirements of the federal law and to grant law enforcement officers and courts greater flexibility in dealing with the illegal use and sale of drugs. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”
Acts 1997, No. 892, § 8: March 27, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly of the State of Arkansas that the Arkansas Uniform Commercial Driver License Act is out of compliance with federal laws concerning the commercial driver licenses thereby threatening a certain amount of federal highway funds; that federal highway funding is critical to most of the highway construction projects and threatens the fiscal health and safety of Arkansas' highway programs; and that these clarifications in Arkansas' law should take effect immediately to prevent any possible loss of the critical federal highway funds. Therefore, in order to remove the conflicts in those laws, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved or vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”
Acts 2003, No. 842, § 8: Jan. 1, 2005.
Acts 2003 (2nd Ex Sess.), No. 5, § 3: Dec. 22, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current residency requirement for administering a commercial driver's license was adopted to conform to federal regulatory requirements; that the FMCSA does not regard this requirement as a safety issue that would jeopardize federal funding; that the FMCSA has indicated that future rulemaking may be promulgated to further clarify the education and testing of students who attend training schools in states other than where they live; that adoption is necessary to avoid placing an undue financial hardship on several Arkansas institutions of higher learning that currently provide educational training to students who enroll in Arkansas schools but reside in other states, as well as an economic hardship on Arkansas trucking companies that hire students subject to their completion of training at Arkansas schools. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”
Acts 2005, No. 136, § 2: Feb. 11, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the transportation of hazardous materials presents a terrorism, security, and safety risk to the citizens of the State of Arkansas; that to protect the safety and security of the citizens of the State of Arkansas, drivers who transport hazardous materials should be checked for prior criminal violations; that the Transportation Security Administration has the capability and resources to have such checks performed and to evaluate whether or not a driver presents a risk to the safety and security of the citizens of the State of Arkansas; and that this act is immediately necessary because performing such security checks are required under the USA Patriot Act and required for the State of Arkansas to remain eligible for significant federal funds. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”
Acts 2005, No. 942, § 3: Mar. 18, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that third party administration of certain driving tests is necessary to ensure a adequate opportunity for qualified applicants to take the test; that there are qualified and trained students currently waiting to take the test; and that this act is immediately necessary to correct deficiencies in the current testing procedures. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”
Research References
U. Ark. Little Rock L. Rev.
Survey, Agricultural Law, 12 U. Ark. Little Rock L. Rev. 597.