Senate
File
2426
H-8265
Amend
Senate
File
2426,
as
amended,
passed,
and
reprinted
by
1
the
Senate,
as
follows:
2
1.
Page
2,
by
striking
lines
21
through
32
and
inserting:
3
<
2.
a.
A
commercial
motor
carrier
shall
not
employ
or
4
engage
the
services
of
a
commercial
driver,
including
as
an
5
independent
contractor,
who
is
not
sufficiently
proficient
6
in
the
English
language
in
accordance
with
49
C.F.R.
7
§391.11(b)(2).
A
carrier
who
violates
this
subsection
commits
8
a
serious
misdemeanor.
The
court
shall
impose
a
fine
of
ten
9
thousand
dollars
and
the
court
may
order
imprisonment
not
to
10
exceed
one
year
for
each
violation.
11
b.
In
addition
to
any
other
penalty,
a
peace
officer
shall
12
issue
an
out-of-service
order
to
a
commercial
motor
carrier
if
13
an
investigation,
safety
audit,
or
normal
business
activity
14
reveals
any
of
the
following:
15
(1)
That
the
carrier
is
allowing,
or
has
allowed
within
16
the
previous
twelve
months,
a
person
who
is
not
sufficiently
17
proficient
in
the
English
language
in
accordance
with
49
C.F.R.
18
§391.11(b)(2)
to
operate
a
commercial
motor
vehicle.
19
(2)
That
the
carrier
was
issued
an
out-of-service
20
order
by
another
state
or
the
federal
motor
carrier
safety
21
administration
for
allowing
a
person
who
is
not
sufficiently
22
proficient
in
the
English
language
in
accordance
with
49
C.F.R.
23
§391.11(b)(2)
to
operate
a
commercial
motor
vehicle.
>
24
2.
By
striking
page
2,
line
33,
through
page
3,
line
14,
and
25
inserting:
26
<
3.
a.
The
commercial
motor
carrier
who
employed
or
27
engaged
the
services
of
a
person,
including
as
an
independent
28
contractor,
who
was
operating
a
commercial
motor
vehicle
in
29
violation
of
subsection
1
and
the
owner
of
any
cargo
being
30
transported
in
the
commercial
vehicle
shall
be
notified
of
31
the
vehicle’s
location
by
the
officer
who
made
the
stop.
The
32
carrier
or
owner
of
the
cargo
may
arrange
for
another
person
33
who
is
a
commercial
driver
with
sufficient
proficiency
in
the
34
English
language
to
take
possession
of
the
vehicle
or
transfer
35
-1-
SF
2426.3651
(1)
91
th/ns
1/
2
#1.
#2.
the
cargo
to
another
vehicle,
as
applicable.
>
1
3.
Page
3,
line
15,
by
striking
<
c.
>
and
inserting
<
b.
>
2
4.
Page
3,
line
20,
after
<
department
>
by
inserting
<
of
3
public
safety
>
4
______________________________
A.
MEYER
of
Webster
-2-
SF
2426.3651
(1)
91
th/ns
2/
2
#3.
#4.