Members of the Joint Transportation, Highways and Military Affairs Interim Committee met last week to debate a draft bill that would penalize commercial vehicle drivers in Wyoming who are not proficient in English.
“Up until now, we put them out of service and that’s it – per law, we can do that. What this bill is going to do is allow us to penalize the driver $1,000, and then if you do it again, another $1,000, plus you’ve got potential jail time,” said Wyoming Department of Transportation (WYDOT) director Darin Westby.
The proposed bill comes alongside nationwide movement on truck driver English proficiency. President Donald Trump issued an executive order focused on the issue in April, which was followed by new regulations from the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA rescinded a 2016 policy guideline that removed requirements on inspectors to place drivers not proficient in English out of service.
Wyoming Congressional Rep. Harriet Hagerman (R-WY) introduced Connor’s Law this year, a bill being debated in the U.S. House that would codify Trump’s executive order. Wyoming Sen. Cynthia Lummis (R-WY) introduced a version of the same bill in the Senate.
Wyoming’s draft state bill mirrors successful legislation from states like Oklahoma.
Lieutenant Kyle McKay with the Wyoming Highway Patrol testified to the committee that since June, they have placed 497 commercial vehicle drivers out of service due to a lack of English proficiency.
In response to a question from Representative Bob Nicholas (R-Cheyenne), McKay said they do not have a way of differentiating between citations issued while drivers were coming through the port of entry and drivers pulled over by a trooper for another reason. He shared that some of the 497 were cited during an enforcement operation on Highway 287 in which all commercial vehicles were pulled over.
Committee members discussed several elements of the draft, including amendments proposed by WYDOT. Captain David Wagner with the Wyoming Highway Patrol told members about the challenges of holding trucks on the roadside, especially given Wyoming’s weather and long distances. An initial draft of the bill required an officer to sit on the side of the road with the vehicle, collect an additional fine from the carrier, and if the carrier was unable to pay, take possession of the cargo.
“I could be on a night shift in a Wyoming winter blizzard and sometimes be the only person out in that area,” said Wagner. “You can’t sit with that truck and that truck driver for twelve hours.”
Lawmakers also debated whether Wyoming should set its own definition and assessment for English proficiency or follow federal standards. Chairman Landon Brown (R-Cheyenne) advocated for adhering to federal standards to avoid losing funds under a new administration.
“I don’t want to be in a position where we risk losing 40, 50 million of funds for our state highways because another administration decided to [change standards],” said Brown.
Representative Lloyd Larsen (R-Lander) proposed a failed amendment to lower the $1,000 fine, arguing that there may be situations in which a driver is penalized for their company failing to assess English ability.
Senator John Kolb (R-Rock Springs) disagreed.
“The onus and the responsibility is upon that system that put that driver behind the wheel, and that driver was part of it,” said Kolb. “I’m kind of done with being nice and lenient to these folks.”
Kevin Hawley is with the Wyoming Trucking Association. He testified in favor of the bill and also advocated for focusing on carriers who encourage drivers to be on the road even if they aren’t proficient in English.
“I would argue that we need to hold more than the driver accountable for such infractions,” said Hawley. “This isn’t racism, this isn’t picking on, this isn’t targeting – it's about safety.”
The bill must receive a two thirds vote in either the House or the Senate to be introduced in February’s budget session.
