H-8265

   Amend Senate File 2426, as amended, passed, and reprinted by the Senate, as follows:
   1.  Page 2, by striking lines 21 through 32 and inserting: 
   <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 serious misdemeanor. The court shall impose a fine of ten thousand dollars and the court may order imprisonment not to exceed one year for each violation.
   b.  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:
   (1)  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.
   (2)  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.>
   2.  By striking page 2, line 33, through page 3, line 14, and inserting: 
   <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. The carrier or owner of the cargo may arrange for another person who is a commercial driver with sufficient proficiency in the English language to take possession of the vehicle or transfer the cargo to another vehicle, as applicable.>
   3.  Page 3, line 15, by striking <c.> and inserting <b.>
   4.  Page 3, line 20, after <department> by inserting <of public safety>

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A. MEYER of Webster