House
Amendment
to
Senate
File
2426
S-5148
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
simple
misdemeanor
punishable
as
a
scheduled
violation
under
9
section
805.8A,
subsection
13,
paragraph
“0c”
.
Each
person
10
employed
or
engaged
in
violation
of
this
subsection
constitutes
11
a
separate
offense.
12
b.
In
addition
to
any
other
penalty,
a
peace
officer
shall
13
issue
an
out-of-service
order
to
a
commercial
motor
carrier
if
14
an
investigation,
safety
audit,
or
normal
business
activity
15
reveals
any
of
the
following:
16
(1)
That
the
carrier
is
allowing,
or
has
allowed
within
17
the
previous
twelve
months,
a
person
who
is
not
sufficiently
18
proficient
in
the
English
language
in
accordance
with
49
C.F.R.
19
§391.11(b)(2)
to
operate
a
commercial
motor
vehicle.
20
(2)
That
the
carrier
was
issued
an
out-of-service
21
order
by
another
state
or
the
federal
motor
carrier
safety
22
administration
for
allowing
a
person
who
is
not
sufficiently
23
proficient
in
the
English
language
in
accordance
with
49
C.F.R.
24
§391.11(b)(2)
to
operate
a
commercial
motor
vehicle.
>
25
2.
By
striking
page
2,
line
33,
through
page
3,
line
14,
and
26
inserting:
27
<
3.
a.
The
commercial
motor
carrier
who
employed
or
28
engaged
the
services
of
a
person,
including
as
an
independent
29
contractor,
who
was
operating
a
commercial
motor
vehicle
in
30
violation
of
subsection
1
and
the
owner
of
any
cargo
being
31
transported
in
the
commercial
vehicle
shall
be
notified
of
32
the
vehicle’s
location
by
the
officer
who
made
the
stop.
The
33
carrier
or
owner
of
the
cargo
may
arrange
for
another
person
34
who
is
a
commercial
driver
with
sufficient
proficiency
in
the
35
-1-
SF
2426.3729.H
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91
md
1/
2
#1.
#2.
English
language
to
take
possession
of
the
vehicle
or
transfer
1
the
cargo
to
another
vehicle,
as
applicable.
>
2
3.
Page
3,
line
15,
by
striking
<
c.
>
and
inserting
<
b.
>
3
4.
Page
3,
line
20,
after
<
department
>
by
inserting
<
of
4
public
safety
>
5
5.
Page
3,
after
line
24
by
inserting:
6
<
Sec.
___.
Section
805.8A,
subsection
13,
Code
2026,
is
7
amended
by
adding
the
following
new
paragraph:
8
NEW
PARAGRAPH
.
0c.
For
each
violation
of
section
321.449C,
9
subsection
2,
paragraph
“a”
,
the
scheduled
fine
is
ten
thousand
10
dollars.
>
11
6.
By
renumbering
as
necessary.
>
12
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SF
2426.3729.H
(1)
91
md
2/
2
#3.
#4.
#5.