Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: H4/14/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1851
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5 By: Representative Wing
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7 For An Act To Be Entitled
8 AN ACT TO AMEND ARKANSAS CONSTITUTION, AMENDMENT 98,
9 ALSO KNOWN AS THE "ARKANSAS MEDICAL MARIJUANA
10 AMENDMENT OF 2016"; TO AMEND THE DEFINITION OF
11 "SAFETY SENSITIVE POSITION"; AND FOR OTHER PURPOSES.
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14 Subtitle
15 TO AMEND ARKANSAS CONSTITUTION, AMENDMENT
16 98, ALSO KNOWN AS THE "ARKANSAS MEDICAL
17 MARIJUANA AMENDMENT OF 2016"; AND TO
18 AMEND THE DEFINITION OF "SAFETY SENSITIVE
19 POSITION".
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22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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24 SECTION 1. Pursuant to 23 of Arkansas Constitution, Amendment 98,
25 also known as the "Arkansas Medical Marijuana Amendment of 2016", Arkansas
26 Constitution, Amendment 98, 2(25)(B), concerning the definition of "safety
27 sensitive position", is amended to read as follows:
28 (B) "Safety sensitive position" also means any position
29 designated in writing by an employer as a safety sensitive position in which
30 a person performing the position while under the influence of marijuana may
31 constitute a threat to health or safety, including without limitation a
32 position:
33 (i) That requires any of the following activities:
34 (a) Carrying a firearm;
35 (b) Performing life-threatening procedures;
36 (c) Working with confidential information,
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 As Engrossed: H4/14/21 HB1851
1 including proprietary, financial, or health-related records or documents;
2 (d) Working with confidential information or
3 documents pertaining to criminal investigations; or
4 (d)(e) Working with hazardous or flammable
5 materials, controlled substances, food, or medicine; or
6 (ii) In which a lapse of attention could result in
7 injury, illness, or death, including without limitation a position that
8 includes the operating, repairing, maintaining, or monitoring of heavy
9 equipment, machinery, aircraft, motorized watercraft, or motor vehicles as
10 part of the job duties; and
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