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HB 1745

Damages; Damages Modernization Act of 2025; effective date.

2025 Regular Session Introduced by Anthony Moore

Require foreign-issued CDLs to have valid U.S. work authorization (EAD or work visa) to operate a CMV, with English proficiency, under threat of felony offenses for noncompliance.

Second Reading referred to Rules
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Bill Summary · HB 1745

Summary — HB 1745 (95th General Assembly, 2025)

Status: Died in conference (introduced Jan 7, 2025)

This summary covers the substantive provisions originally carried in HB 1745 (as engrossed 3/19/25 and amended), related fiscal notes, and key procedural actions. Note: during committee consideration the bill's text was repeatedly amended (including a committee substitute that would have replaced the bill with a large appropriation for a state's Medicaid division). Ultimately the bill died in conference on 2025-03-29.

Main purpose and intent

HB 1745 was designed primarily to:
- Require certain holders of foreign-issued commercial driver licenses (CDLs) to possess U.S. employment authorization while operating a commercial motor vehicle (CMV) on state roadways;
- Create criminal offenses for presenting false foreign CDLs and for operating a CMV without required employment authorization; and
- Require CMV operators to demonstrate sufficient English-language proficiency.

Key provisions

  • Definitions

    • “Employment Authorization Document” (EAD) is defined as USCIS Form I-766 (a federal “work permit”).
    • “Public record” includes licensing documents issued by U.S. jurisdictions and certain foreign governments (where reciprocal arrangements exist).

  • Documentation / reciprocity (as amended)

    • Operators must hold either:
    • A valid domestic CDL or commercial learner’s permit (CLP) issued by a U.S. state/territory/DC/Puerto Rico; OR
    • A CDL (not CLP, by later amendment) issued by Canada, Mexico, or another qualifying jurisdiction recognized by FMCSA — and must possess a valid EAD or valid work visa while operating a CMV.
    • The House Amendment H1 removed language that would have allowed foreign-issued CLPs paired with an EAD; the engrossed/amended version limited foreign-document acceptance to full CDLs.

  • Offenses and penalties

    • Presenting a false foreign commercial driver license: Class D felony.
    • Operating a CMV without proper documentation (i.e., without EAD or valid work visa in immediate possession): generally a Class D felony.
    • If the operator proves by a preponderance of evidence that they had been issued a valid EAD or valid work visa but did not have it in their possession at the time, the offense is reduced to a Class A misdemeanor.
    • English-proficiency requirement: CMV operators must be able to converse with the public, understand traffic signs/signals in English, respond to official inquiries, and make entries on reports/records. Failure is a civil violation: fine up to $500 first offense; $1,000 for second/subsequent offenses.

Who is affected

  • Drivers holding foreign-issued CDLs (especially from Canada, Mexico, or other FMCSA-qualified jurisdictions).
  • Commercial carriers who employ or contract with such drivers.
  • State motor vehicle offices, driver services staff, and State Revenue/OMV personnel (for implementation, training, and enforcement).
  • Law enforcement and prosecutors (new criminal offenses).

Fiscal and administrative impact

  • State Department of Finance and Administration fiscal notes indicate no direct fiscal cost from the policy itself.
  • Administrative actions required: updates to OMV manuals and DFA websites, staff training (State Revenue Office, Office of Driver Services, OMV), and taxpayer/community notification.
  • Time for implementation: described as adequate.

Procedural / timeline highlights

  • Filed: Jan 7, 2025. Multiple House and Senate readings and amendments in March–April 2025.
  • Key amendments: H1 (removed foreign CLP allowance); Senate Amendment added an English-proficiency section and broadened “proper documentation” language. A later committee substitute replaced the bill text with an appropriations measure for a state Medicaid division (large-dollar appropriation language), reflecting significant text changes during the process.
  • Final disposition: Died in conference (3/29/2025).

If you want, I can prepare a concise one-page fact sheet for employers and drivers that explains the documentation requirement, penalties, and next steps for compliance.

Compiled from official sources — confirm details with the bill’s official record.

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