Senate
File
2426
-
Reprinted
SENATE
FILE
2426
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
SF
2173)
(COMPANION
TO
LSB
5328HV
BY
COMMITTEE
ON
TRANSPORTATION)
(As
Amended
and
Passed
by
the
Senate
February
25,
2026
)
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
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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.
Except
as
provided
in
paragraph
“b”
,
the
department
8
shall
examine
the
English
language
proficiency
of
each
person
9
who
applies
for
issuance
or
renewal
of
a
commercial
driver’s
10
license
or
commercial
learner’s
permit.
The
examination
must
11
require
the
person
to
demonstrate
proficiency
in
the
English
12
language
sufficient
to
meet
the
requirements
of
49
C.F.R.
13
§391.11(b)(2).
The
department
shall
administer
the
examination
14
in
a
computer-based
format.
15
b.
The
department
shall
not
examine
an
applicant’s
16
English
language
proficiency
if
the
applicant
submits
proof,
17
as
determined
by
the
department,
that
the
applicant
is
18
sufficiently
proficient
in
the
English
language
by
having
19
previously
successfully
completed
the
examination
required
20
under
paragraph
“a”
.
21
c.
The
department
shall
deny
the
issuance
or
renewal
of
22
a
commercial
driver’s
license
or
commercial
learner’s
permit
23
unless
the
person
applying
for
or
renewing
the
license
or
24
permit
submits
satisfactory
proof,
as
determined
by
the
25
department,
that
the
person
is
sufficiently
proficient
in
26
the
English
language
based
on
successful
completion
of
the
27
examination
required
under
paragraph
“a”
.
28
d.
An
applicant
shall
not
be
prohibited
from
retaking
the
29
examination
under
paragraph
“a”
,
subject
to
the
availability
of
30
the
examination
as
determined
by
the
department.
31
e.
The
department
may
adopt
rules
pursuant
to
chapter
17A
32
to
administer
this
subsection.
33
2.
The
department
shall
not
comply
with
a
provision
of
this
34
section
if
compliance
would
cause
the
denial
of
federal
funds
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or
services
or
otherwise
violate
federal
law.
The
department
1
shall
comply
with
federal
law
to
the
extent
necessary
to
2
prevent
the
denial
of
federal
funds
or
services.
3
Sec.
3.
NEW
SECTION
.
321.449C
English
language
proficiency
4
——
commercial
drivers
and
commercial
motor
carriers.
5
1.
A
person
who
is
not
able
to
demonstrate
proficiency
in
6
the
English
language
sufficient
to
meet
the
requirements
of
7
49
C.F.R.
§391.11(b)(2)
shall
not
operate
a
commercial
motor
8
vehicle.
9
a.
Except
as
provided
in
paragraph
“b”
,
a
person
who
10
violates
this
subsection
commits
a
serious
misdemeanor.
The
11
court
shall
impose
a
fine
of
one
thousand
dollars
and
the
court
12
may
order
imprisonment
not
to
exceed
one
year.
13
b.
In
lieu
of
the
criminal
penalty
under
paragraph
“a”
,
a
14
peace
officer
shall
issue
an
out-of-service
order
to
a
person
15
who
violates
this
subsection
if
the
person
holds
an
unexpired
16
commercial
driver’s
license
or
commercial
learner’s
permit
that
17
was
issued
by
the
department
after
the
person
successfully
18
completed
the
English
language
proficiency
examination
under
19
section
321.187B,
subsection
1,
paragraph
“a”
.
20
2.
A
commercial
motor
carrier
shall
not
employ
or
engage
the
21
services
of
a
commercial
driver,
including
as
an
independent
22
contractor,
who
is
not
sufficiently
proficient
in
the
English
23
language
in
accordance
with
49
C.F.R.
§391.11(b)(2).
A
carrier
24
who
violates
this
subsection
commits
a
serious
misdemeanor.
25
In
addition
to
any
other
penalty,
a
carrier
who
violates
this
26
subsection
is
subject
to
a
civil
penalty
to
be
imposed
and
27
collected
by
the
department
and
deposited
in
the
road
use
tax
28
fund,
as
follows:
29
a.
Three
thousand
dollars
for
a
first
violation.
30
b.
Five
thousand
dollars
for
a
second
violation.
31
c.
Ten
thousand
dollars
for
a
third
or
subsequent
violation.
32
3.
a.
The
commercial
motor
carrier
who
employed
or
33
engaged
the
services
of
a
person,
including
as
an
independent
34
contractor,
who
was
operating
a
commercial
motor
vehicle
in
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violation
of
subsection
1
shall
be
notified
of
the
vehicle’s
1
location
by
the
officer
who
made
the
stop,
and
may
arrange
for
2
another
person,
who
is
a
commercial
driver
with
sufficient
3
proficiency
in
the
English
language,
to
take
possession
of
4
the
vehicle.
Prior
to
taking
possession
of
the
vehicle,
the
5
commercial
motor
carrier
must
pay
the
applicable
civil
penalty
6
under
subsection
2.
7
b.
If
a
commercial
motor
carrier
fails
to
pay
the
civil
8
penalty
and
provide
a
commercial
driver
with
sufficient
9
proficiency
in
the
English
language
within
twelve
hours
after
10
notification,
the
owner
of
any
cargo
being
transported
in
the
11
commercial
motor
vehicle
shall
be
notified
by
the
officer
who
12
made
the
stop
and
the
owner
may
arrange
for
the
transfer
of
the
13
cargo
to
another
vehicle.
14
c.
If
a
commercial
vehicle
is
removed
from
a
highway
in
15
response
to
a
violation
of
this
section,
the
state,
the
local
16
authority,
and
the
owner
of
the
cargo
inside
the
vehicle
shall
17
not
be
liable
for
any
damages
that
result
from
the
removal,
or
18
for
any
reasonable
action
to
transfer
such
cargo.
19
4.
The
department
and
a
person
whose
duty
includes
enforcing
20
this
section
shall
cease
all
actions
relating
to
enforcing
a
21
provision
of
this
section
if
enforcing
the
provision
would
22
cause
the
denial
of
federal
funds
or
services
or
otherwise
23
violate
federal
law.
24
Sec.
4.
APPLICABILITY.
The
section
of
this
Act
enacting
25
section
321.187B
applies
on
and
after
March
1,
2027,
or
26
the
date
the
department
of
transportation
submits
to
the
27
Iowa
administrative
code
editor
for
publication
in
the
28
Iowa
administrative
bulletin
a
statement
by
the
director
of
29
transportation
that
the
applicable
phase
of
the
department
of
30
transportation’s
new
records
system
is
implemented,
whichever
31
is
earlier.
The
department
shall
also
forward
a
copy
of
the
32
statement
to
the
Iowa
Code
editor.
33
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