S-5029

   Amend Senate File 2426 as follows:
   1.  Page 1, line 8, by striking <The> and inserting <Except as provided in paragraph “b”, the>
   2.  Page 1, line 9, by striking <initial>
   3.  Page 1, after line 15 by inserting: 
   <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”.>
   4.  Page 1, line 16, by striking <b.> and inserting <c.>
   5.  Page 1, line 23, by striking <c.> and inserting <d.>
   6.  Page 1, line 26, by striking <d.> and inserting <e.>
   7.  Page 2, by striking lines 3 through 6 and inserting <vehicle.>
   8.  Page 2, before line 7 by inserting: 
   <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”.>
   9.  Page 2, line 10, by striking <language.> and inserting <language in accordance with 49 C.F.R. §391.11(b)(2).>

______________________________
KEN ROZENBOOM