Read the full stored bill text
Senate
File
2173
-
Introduced
SENATE
FILE
2173
BY
SINCLAIR
A
BILL
FOR
An
Act
relating
to
sufficient
English
language
proficiency
1
requirements
for
commercial
drivers,
and
providing
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2173
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.
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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
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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
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2173
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.
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