Senate File 2426 - Introduced SENATE FILE 2426 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SF 2173) (COMPANION TO LSB 5328HV BY COMMITTEE ON TRANSPORTATION) A BILL FOR An Act relating to sufficient English language proficiency 1 requirements for commercial drivers, providing penalties, 2 and including applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5328SV (3) 91 th/ns

S.F. 2426 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 examinations for commercial drivers. 7 1. a. The department shall examine the English language 8 proficiency of each person who applies for initial issuance 9 or renewal of a commercial driver’s license or commercial 10 learner’s permit. The examination must require the person to 11 demonstrate proficiency in the English language sufficient 12 to meet the requirements of 49 C.F.R. §391.11(b)(2). The 13 department shall administer the examination in a computer-based 14 format. 15 b. The department shall deny the issuance or renewal of 16 a commercial driver’s license or commercial learner’s permit 17 unless the person applying for or renewing the license or 18 permit submits satisfactory proof, as determined by the 19 department, that the person is sufficiently proficient in 20 the English language based on successful completion of the 21 examination required under paragraph “a” . 22 c. An applicant shall not be prohibited from retaking the 23 examination under paragraph “a” , subject to the availability of 24 the examination as determined by the department. 25 d. The department may adopt rules pursuant to chapter 17A 26 to administer this subsection. 27 2. The department shall not comply with a provision of this 28 section if compliance would cause the denial of federal funds 29 or services or otherwise violate federal law. The department 30 shall comply with federal law to the extent necessary to 31 prevent the denial of federal funds or services. 32 Sec. 3. NEW SECTION . 321.449C English language proficiency 33 —— commercial drivers and commercial motor carriers. 34 1. A person who is not able to demonstrate proficiency in 35 -1- LSB 5328SV (3) 91 th/ns 1/ 5

S.F. 2426 the English language sufficient to meet the requirements of 1 49 C.F.R. §391.11(b)(2) shall not operate a commercial motor 2 vehicle. A person who violates this subsection commits a 3 serious misdemeanor. The court shall impose a fine of one 4 thousand dollars and the court may order imprisonment not to 5 exceed one year. 6 2. A commercial motor carrier shall not employ or engage the 7 services of a commercial driver, including as an independent 8 contractor, who is not sufficiently proficient in the English 9 language. A carrier who violates this subsection commits a 10 serious misdemeanor. In addition to any other penalty, a 11 carrier who violates this subsection is subject to a civil 12 penalty to be imposed and collected by the department and 13 deposited in the road use tax fund, as follows: 14 a. Three thousand dollars for a first violation. 15 b. Five thousand dollars for a second violation. 16 c. Ten thousand dollars for a third or subsequent violation. 17 3. a. The commercial motor carrier who employed or 18 engaged the services of a person, including as an independent 19 contractor, who was operating a commercial motor vehicle in 20 violation of subsection 1 shall be notified of the vehicle’s 21 location by the officer who made the stop, and may arrange for 22 another person, who is a commercial driver with sufficient 23 proficiency in the English language, to take possession of 24 the vehicle. Prior to taking possession of the vehicle, the 25 commercial motor carrier must pay the applicable civil penalty 26 under subsection 2. 27 b. If a commercial motor carrier fails to pay the civil 28 penalty and provide a commercial driver with sufficient 29 proficiency in the English language within twelve hours after 30 notification, the owner of any cargo being transported in the 31 commercial motor vehicle shall be notified by the officer who 32 made the stop and the owner may arrange for the transfer of the 33 cargo to another vehicle. 34 c. If a commercial vehicle is removed from a highway in 35 -2- LSB 5328SV (3) 91 th/ns 2/ 5

S.F. 2426 response to a violation of this section, the state, the local 1 authority, and the owner of the cargo inside the vehicle shall 2 not be liable for any damages that result from the removal, or 3 for any reasonable action to transfer such cargo. 4 4. The department and a person whose duty includes enforcing 5 this section shall cease all actions relating to enforcing a 6 provision of this section if enforcing the provision would 7 cause the denial of federal funds or services or otherwise 8 violate federal law. 9 Sec. 4. APPLICABILITY. The section of this Act enacting 10 section 321.187B applies on and after March 1, 2027, or 11 the date the department of transportation submits to the 12 Iowa administrative code editor for publication in the 13 Iowa administrative bulletin a statement by the director of 14 transportation that the applicable phase of the department of 15 transportation’s new records system is implemented, whichever 16 is earlier. The department shall also forward a copy of the 17 statement to the Iowa Code editor. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill requires the department of transportation (DOT) to 22 deny the issuance or renewal of a commercial driver’s license 23 (CDL) or commercial learner’s permit (CLP) if the person 24 applying for or renewing the CDL or CLP fails to demonstrate 25 proficiency in the English language, as required in the bill. 26 The bill requires the DOT to examine the English language 27 proficiency of each person who applies for initial issuance 28 or renewal of a CDL or CLP. The examination must require the 29 person to demonstrate the person is able to read and speak the 30 English language sufficiently to converse with the general 31 public, to understand highway traffic signs and signals in 32 the English language, to respond to official inquiries, and 33 to make entries on reports and records, pursuant to federal 34 regulations. The DOT must administer the examination in a 35 -3- LSB 5328SV (3) 91 th/ns 3/ 5

S.F. 2426 computer-based format. The bill does not limit an applicant 1 from retaking the examination, subject to the availability of 2 the examination. 3 The bill prohibits a person who is not sufficiently 4 proficient in the English language from operating a commercial 5 motor vehicle (CMV). A person who violates this provision 6 commits a serious misdemeanor punishable by a $1,000 fine and 7 imprisonment not to exceed one year. Pursuant to Code section 8 602.8108(8), all fines and fees attributable to CMV violations 9 issued by the department of public safety must be deposited in 10 the road use tax fund (RUTF). 11 Under the bill, a commercial motor carrier is prohibited 12 from employing or engaging the services of a commercial driver, 13 including as an independent contractor, who is not sufficiently 14 proficient in the English language. A carrier who violates 15 this provision commits a serious misdemeanor and is subject to 16 a civil penalty ranging from $3,000 to $10,000 based on the 17 number of violations, to be imposed and collected by the DOT 18 and deposited in the RUTF. A serious misdemeanor under this 19 provision is punishable by confinement for no more than one 20 year and a fine of at least $430 but not more than $2,500. 21 The bill provides notice requirements regarding violations 22 of the bill and provisions for a person who is sufficiently 23 proficient in the English language to take possession of a 24 stopped CMV or transfer the cargo to another CMV. 25 The bill limits liability for damages that result from the 26 tow or impoundment of a CMV if the driver did not possess 27 sufficient English language proficiency. 28 The DOT is prohibited from complying with a provision of the 29 bill if compliance would cause the denial of federal funds or 30 services or otherwise violate federal law. 31 New Code section 321.187B applies on and after March 1, 2027, 32 or the date the department of transportation (DOT) submits 33 to the Iowa administrative code editor for publication in 34 the Iowa administrative bulletin a statement by the director 35 -4- LSB 5328SV (3) 91 th/ns 4/ 5

S.F. 2426 of transportation that the applicable phase of the DOT’s new 1 records system is implemented, whichever is earlier. The DOT 2 is also required to forward a copy of the statement to the Iowa 3 Code editor. 4 -5- LSB 5328SV (3) 91 th/ns 5/ 5