SF 2173 (LSB 5328XS (6) 91)

SENATE FILE 2173

BY  SINCLAIR

A BILL FOR

An Act relating to sufficient English language proficiency requirements for commercial drivers, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.177, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  10.  To any person to operate a commercial motor vehicle if the person fails to demonstrate proficiency in the English language under section 321.187B, subsection 1.
    Sec. 2.  NEW SECTION.  321.187B  English language proficiency —— commercial drivers.
   1.  a.  The department shall examine the English language proficiency of each person who applies for issuance or renewal of a commercial driver’s license or commercial learner’s permit. The examination must require the person to demonstrate proficiency in the English language sufficient to meet the requirements of 49 C.F.R §391.11(b)(2). The department shall administer the examination in a computer-based format.
   b.  The department shall not issue or renew a commercial driver’s license or commercial learner’s permit unless the person applying for or renewing the license or permit submits satisfactory proof, as determined by the department, that the person is sufficiently proficient in the English language based on successful completion of the examination required under paragraph “a”.
   c.  An applicant shall not be prohibited from retaking the examination under paragraph “a”, subject to the availability of the examination as determined by the department.
   d.  The department may adopt rules pursuant to chapter 17A to administer this subsection.
   2.  A commercial motor carrier shall not employ or engage the services of a commercial driver, including as an independent contractor, who is not sufficiently proficient in the English language. A carrier who violates this subsection is subject to a civil penalty to be imposed and collected by the department and deposited in the road use tax fund, as follows:
   a.  Three thousand dollars for a first violation.
   b.  Five thousand dollars for a second violation.
   c.  Ten thousand dollars for a third or subsequent violation.
   3.  A person who is not sufficiently proficient in the English language shall not operate a commercial motor vehicle. If a person who is not sufficiently proficient in the English language is found to be operating a commercial motor vehicle, the person shall exit the vehicle and shall not continue to operate the vehicle. A person who violates this subsection is subject to a one thousand dollar civil penalty, to be imposed and collected by the department and deposited in the road use tax fund. In addition, a person who violates this subsection commits a serious misdemeanor.
   4.  a.  The commercial motor carrier who employed or engaged the services of a person, including as an independent contractor, who is prohibited from continuing to operate the commercial motor vehicle pursuant to subsection 3 shall be notified of the vehicle’s location by the officer who made the stop, and may arrange for another person, who is a commercial driver with sufficient proficiency in the English language, to take possession of the vehicle. Prior to taking possession of the vehicle, the commercial motor carrier must pay the applicable civil penalty under subsection 2.
   b.  If a commercial motor carrier fails to pay the civil penalty and provide a commercial driver with sufficient proficiency in the English language within twelve hours after notification, the owner of any cargo being transported in the commercial motor vehicle shall be notified by the officer who made the stop and the owner may arrange for the transfer of the cargo to another vehicle.
   c.  If a vehicle is removed from a highway and towed pursuant to this subsection, the state, the local authority, and the owner of the cargo inside the vehicle shall not be liable for any damages that result from the tow or impoundment, or for any reasonable action to transfer such cargo.
   5.  The department shall not comply with a provision of this section if compliance would cause the denial of federal funds or services or otherwise violate federal law. The department shall comply with federal law to the extent necessary to prevent the denial of federal funds or services.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits the department of transportation (DOT) from issuing or renewing a commercial driver’s license (CDL) or commercial learner’s permit (CLP) if the person applying for or renewing the CDL or CLP fails to demonstrate proficiency in the English language, as required in the bill.
   The bill requires the DOT to examine the English language proficiency of each person who applies for issuance or renewal of a CDL or CLP. The examination must require the person to demonstrate the person is able to read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records, pursuant to federal regulations. The DOT must administer the examination in a computer-based format. The bill does not limit an applicant from retaking the examination, subject to the availability of the examination.
   A commercial motor carrier is prohibited from employing or engaging the services of a commercial driver, including as an independent contractor, who is not sufficiently proficient in the English language. A carrier who violates this provision is subject to a civil penalty ranging from $3,000 to $10,000 based on the number of violations, to be imposed and collected by the DOT and deposited in the road use tax fund (RUTF).
   The bill prohibits a person who is not sufficiently proficient in the English language from operating a commercial motor vehicle (CMV). If a person who is not sufficiently proficient in the English language is found to be operating a CMV, the person must exit the CMV and is prohibited from continuing to operate the CMV. A person who violates this provision is subject to a $1,000 civil penalty, to be imposed and collected by the DOT and deposited in the RUTF. In addition, the person commits a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560.
   The bill provides notice requirements regarding violations of the bill and provisions for a person who is sufficiently proficient in the English language to take possession of a stopped CMV or transfer the cargo to another CMV.
   The bill limits liability for damages that result from the tow or impoundment of a CMV if the driver did not possess sufficient English language proficiency.
   The DOT is prohibited from complying with a provision of the bill if compliance would cause the denial of federal funds or services or otherwise violate federal law.