Arkansas lawmakers wasted no time getting an English-proficiency bill across the finish line, sending it to the governor’s desk in less than one month.
On Wednesday, April 9, the Arkansas House passed HB1745 with an 82-0 vote after clearing the Senate unanimously last week. In addition to an English-proficiency provision for CDL holders, the bill also makes false or improper documentation a felony for foreign-domiciled truck drivers.
Once the bill is signed into law, anyone operating a commercial vehicle must exhibit English proficiency. Truck drivers must be able to show that they can read and speak English sufficiently to:
- Converse with the general public
- Understand highway traffic signs and signals in English
- Respond to official inquiries
- Make entries on reports and records
If it is determined that someone is driving a truck without sufficient English proficiency, they can be fined $500 for the first offense and $1,000 for subsequent offenses.
The bill also goes after foreign-based truck drivers who either possess a false CDL or do not have proper documentation. One provision will make presenting a false foreign CDL a Class D felony. That also applies to any “public record,” which includes:
- Official books, paper, exhibits or records of any type required by law from a governmental office or agency
- License
- Certificate
- Permit
- Seal
- Title
- Letter of patent
- Similar documents issued by a state, territory, U.S. federal government or a foreign government engaged in a reciprocal treaty with the U.S.
Another provision will make operating a commercial vehicle without proper documentation a Class D felony.
Specifically, foreign-domiciled truck drivers can be hit with felony charges if they possess a valid foreign CDL but do not have a valid work permit or work visa in their immediate possession. Charges can be downgraded to a Class A misdemeanor if drivers can show that they did have a valid work permit or visa at the time of the offense.
HB1745 flew through the Arkansas legislature as time was running out. The bill was filed on March 11, and the current state legislative session is scheduled to end on Wednesday, April 16.
A total of three bills addressing English proficiency among truck drivers were filed in Arkansas this year. HB1914 was filed on March 31 and addressed only English proficiency, with language identical to HB1745. Another bill, HB1569, went a step further by essentially banning all B-1 and B-2 visa drivers from the state. However, that bill was withdrawn just days before HB1745 cleared the legislature. LL
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