Amendment S-5148 to SF 2426

Filed March 31, 2026 in the Senate by

In plain words

AI summary This amendment clarifies that trucking companies cannot hire drivers, including independent contractors, who do not meet specific federal English proficiency standards. It adds a rule that officers must issue an out-of-service order to companies found using unqualified drivers and sets a ten thousand dollar fine for each violation. It also requires officers to notify the company and the cargo owner of a vehicle's location so they can arrange for a qualified driver to take over.¹

What it changes

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 simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 13, paragraph “0c” . Each person employed or engaged in violation of this subsection constitutes a separate offense. 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.”
3. By striking page 2, line 33, through page 3, line 14, and inserting: “
4. 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 -1- SF 2426.3729.H (1) 91 md 1/ 2 English language to take possession of the vehicle or transfer the cargo to another vehicle, as applicable.”
5. Page 3, line 15, by striking “c.” and inserting “b.”
6. Page 3, line 20, after “department” by inserting “of public safety”
7. Page 3, after line 24 by inserting: “Sec. ___. Section 805.8A, subsection 13, Code 2026, is amended by adding the following new paragraph: NEW PARAGRAPH . 0c. For each violation of section 321.449C, subsection 2, paragraph “a” , the scheduled fine is ten thousand dollars.”
8. By renumbering as necessary.” -2- SF 2426.3729.H (1) 91 md 2/ 2

Official amendment (PDF) · In the Bill Book