H.F. _____ Section 1. Section 321.177, Code 2026, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 10. To any person to operate a commercial 3 motor vehicle if the person fails to demonstrate proficiency in 4 the English language under section 321.187B, subsection 1. 5 Sec. 2. NEW SECTION . 321.187B English language proficiency 6 —— commercial drivers. 7 1. a. The department shall examine the English language 8 proficiency of each person who applies for issuance or renewal 9 of a commercial driver’s license or commercial learner’s 10 permit. The examination must require the person to demonstrate 11 proficiency in the English language sufficient to meet the 12 requirements of 49 C.F.R §391.11(b)(2). The department shall 13 administer the examination in a computer-based format. 14 b. The department shall not issue or renew a commercial 15 driver’s license or commercial learner’s permit unless the 16 person applying for or renewing the license or permit submits 17 satisfactory proof, as determined by the department, that the 18 person is sufficiently proficient in the English language based 19 on successful completion of the examination required under 20 paragraph “a” . 21 c. An applicant shall not be prohibited from retaking the 22 examination under paragraph “a” , subject to the availability of 23 the examination as determined by the department. 24 d. The department may adopt rules pursuant to chapter 17A 25 to administer this subsection. 26 2. A commercial motor carrier shall not employ or engage the 27 services of a commercial driver, including as an independent 28 contractor, who is not sufficiently proficient in the English 29 language. A carrier who violates this subsection is subject to 30 a civil penalty to be imposed and collected by the department 31 and deposited in the road use tax fund, as follows: 32 a. Three thousand dollars for a first violation. 33 b. Five thousand dollars for a second violation. 34 c. Ten thousand dollars for a third or subsequent violation. 35 -1- LSB 5328YC (3) 91 th/ns 1/ 4

H.F. _____ 3. A person who is not sufficiently proficient in the 1 English language shall not operate a commercial motor vehicle. 2 If a person who is not sufficiently proficient in the English 3 language is found to be operating a commercial motor vehicle, 4 the person shall exit the vehicle and shall not continue to 5 operate the vehicle. A person who violates this subsection is 6 subject to a one thousand dollar civil penalty, to be imposed 7 and collected by the department and deposited in the road use 8 tax fund. In addition, a person who violates this subsection 9 commits a serious misdemeanor. 10 4. a. The commercial motor carrier who employed or 11 engaged the services of a person, including as an independent 12 contractor, who is prohibited from continuing to operate the 13 commercial motor vehicle pursuant to subsection 3 shall be 14 notified of the vehicle’s location by the officer who made the 15 stop, and may arrange for another person, who is a commercial 16 driver with sufficient proficiency in the English language, to 17 take possession of the vehicle. Prior to taking possession 18 of the vehicle, the commercial motor carrier must pay the 19 applicable civil penalty under subsection 2. 20 b. If a commercial motor carrier fails to pay the civil 21 penalty and provide a commercial driver with sufficient 22 proficiency in the English language within twelve hours after 23 notification, the owner of any cargo being transported in the 24 commercial motor vehicle shall be notified by the officer who 25 made the stop and the owner may arrange for the transfer of the 26 cargo to another vehicle. 27 c. If a vehicle is removed from a highway and towed pursuant 28 to this subsection, the state, the local authority, and the 29 owner of the cargo inside the vehicle shall not be liable for 30 any damages that result from the tow or impoundment, or for any 31 reasonable action to transfer such cargo. 32 5. The department shall not comply with a provision of this 33 section if compliance would cause the denial of federal funds 34 or services or otherwise violate federal law. The department 35 -2- LSB 5328YC (3) 91 th/ns 2/ 4

H.F. _____ shall comply with federal law to the extent necessary to 1 prevent the denial of federal funds or services. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill prohibits the department of transportation (DOT) 6 from issuing or renewing a commercial driver’s license (CDL) or 7 commercial learner’s permit (CLP) if the person applying for or 8 renewing the CDL or CLP fails to demonstrate proficiency in the 9 English language, as required in the bill. 10 The bill requires the DOT to examine the English language 11 proficiency of each person who applies for issuance or renewal 12 of a CDL or CLP. The examination must require the person to 13 demonstrate the person is able to read and speak the English 14 language sufficiently to converse with the general public, to 15 understand highway traffic signs and signals in the English 16 language, to respond to official inquiries, and to make entries 17 on reports and records, pursuant to federal regulations. 18 The DOT must administer the examination in a computer-based 19 format. The bill does not limit an applicant from retaking the 20 examination, subject to the availability of the examination. 21 A commercial motor carrier is prohibited from employing or 22 engaging the services of a commercial driver, including as an 23 independent contractor, who is not sufficiently proficient in 24 the English language. A carrier who violates this provision is 25 subject to a civil penalty ranging from $3,000 to $10,000 based 26 on the number of violations, to be imposed and collected by the 27 DOT and deposited in the road use tax fund (RUTF). 28 The bill prohibits a person who is not sufficiently 29 proficient in the English language from operating a commercial 30 motor vehicle (CMV). If a person who is not sufficiently 31 proficient in the English language is found to be operating 32 a CMV, the person must exit the CMV and is prohibited from 33 continuing to operate the CMV. A person who violates this 34 provision is subject to a $1,000 civil penalty, to be imposed 35 -3- LSB 5328YC (3) 91 th/ns 3/ 4

H.F. _____ and collected by the DOT and deposited in the RUTF. In 1 addition, the person commits a serious misdemeanor. A serious 2 misdemeanor is punishable by confinement for no more than one 3 year and a fine of at least $430 but not more than $2,560. 4 The bill provides notice requirements regarding violations 5 of the bill and provisions for a person who is sufficiently 6 proficient in the English language to take possession of a 7 stopped CMV or transfer the cargo to another CMV. 8 The bill limits liability for damages that result from the 9 tow or impoundment of a CMV if the driver did not possess 10 sufficient English language proficiency. 11 The DOT is prohibited from complying with a provision of the 12 bill if compliance would cause the denial of federal funds or 13 services or otherwise violate federal law. 14 -4- LSB 5328YC (3) 91 th/ns 4/ 4