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File
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Introduced
HOUSE
FILE
2700
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
HSB
699)
(COMPANION
TO
LSB
5328SV
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
5328HV
(2)
91
th/ns
H.F.
2700
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
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2700
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
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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
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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
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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
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