What changed in SF 2426

9 passages reworded, 13 added and 5 removed; 13 of 40 unchanged.

Removed AddedIntroduced textText as passedAmendments

Compares wording only. The printed bills also mark changes to existing law with strikes and underlines, which aren’t shown here.

Section 1. Section 321.177, Code 2026, is amended by adding the following new subsection:

1.

a. The Except as provided in paragraph “b”, the department shall examine the English language proficiency of each person who applies for initial 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 examine an applicant’s English language proficiency if the applicant submits proof, as determined by the department, that the applicant is sufficiently proficient in the English language by having previously successfully completed the examination required under paragraph “a”.

b. c. The department shall deny the issuance or renewal of 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. d. 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. e. The department may adopt rules pursuant to chapter 17A to administer this subsection.

2. 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.

NEW SECTION. 321.449C English language proficiency —— commercial drivers and commercial motor carriers.

1. A person who is not able to demonstrate proficiency in the English language sufficient to meet the requirements of 49 C.F.R. §391.11(b)(2) shall not operate a commercial motor vehicle. A person who violates this subsection commits a serious misdemeanor. The court shall impose a fine of one thousand dollars and the court may order imprisonment not to exceed one year.

a. Except as provided in paragraph “b”, a person who violates this subsection commits a serious misdemeanor. The court shall impose a fine of one thousand dollars and the court may order imprisonment not to exceed one year.

b. In lieu of the criminal penalty under paragraph “a”, a peace officer shall issue an out-of-service order to a person who violates this subsection if the person holds an unexpired commercial driver’s license or commercial learner’s permit that was issued by the department after the person successfully completed the English language proficiency examination under section 321.187B, subsection 1, paragraph “a”.

2.

a. 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 in accordance with 49 C.F.R. §391.11(b)(2). A carrier who violates this subsection commits a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 13, paragraph “0c”. Each person employed or engaged in violation of this subsection constitutes a separate offense.

b.

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 commits a serious misdemeanor. In addition to any other penalty, 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:

(1) In addition to any other penalty, a peace officer shall issue an out-of-service order to a commercial motor carrier if an investigation, safety audit, or normal business activity reveals any of the following:

a. Three thousand dollars for a first violation.

(a) That the carrier is allowing, or has allowed within the previous twelve months, a person who is not sufficiently proficient in the English language in accordance with 49 C.F.R. §391.11(b)(2) to operate a commercial motor vehicle.

b. Five thousand dollars for a second violation.

(b) That the carrier was issued an out-of-service order by another state or the federal motor carrier safety administration for allowing a person who is not sufficiently proficient in the English language in accordance with 49 C.F.R. §391.11(b)(2) to operate a commercial motor vehicle.

c. Ten thousand dollars for a third or subsequent violation.

(2) An out-of-service order issued under this paragraph applies only in this state and prohibits the commercial motor carrier, including an employee or independent contractor of the carrier, from operating a commercial motor vehicle owned, leased, or otherwise controlled by the carrier in this state until the violation has been corrected or the fine has been paid, as applicable.

3.

a. The commercial motor carrier who employed or engaged the services of a person, including as an independent contractor, who was operating a commercial motor vehicle in violation of subsection 1 and the owner of any cargo being transported in the commercial vehicle shall be notified of the vehicle’s location by the officer who made the stop, and stop. The carrier or owner of the cargo may arrange for another person, person who is a commercial driver with sufficient proficiency in the English language, language to take possession of the vehicle. Prior to taking possession of vehicle or transfer the cargo to another vehicle, the commercial motor carrier must pay the applicable civil penalty under subsection 2. as applicable.

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. b. If a commercial vehicle is removed from a highway in response to a violation of this section, 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 removal, or for any reasonable action to transfer such cargo.

4. The department of public safety and a person whose duty includes enforcing this section shall cease all actions relating to enforcing a provision of this section if enforcing the provision would cause the denial of federal funds or services or otherwise violate federal law.

Sec.

4. Section 805.8A, subsection 13, Code 2026, is amended by adding the following new paragraph:

NEW PARAGRAPH. 0c. For each violation of section 321.449C, subsection 2, paragraph “a”, the scheduled fine is ten thousand dollars.

Sec.

4. 5. APPLICABILITY. The section of this Act enacting section 321.187B applies on and after March 1, 2027, or the date the department of transportation submits to the Iowa administrative code editor for publication in the Iowa administrative bulletin a statement by the director of transportation that the applicable phase of the department of transportation’s new records system is implemented, whichever is earlier. The department shall also forward a copy of the statement to the Iowa Code editor.