Committee recommends HB 2446 with suggested amendment to protect federal border-zone rules
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Summary
House Bill 2446 authorizes out-of-service orders when commercial drivers cannot demonstrate English proficiency; the rules attorney recommended a floor amendment to carve out the federal "border commercial zone" described in FMCSA rules to avoid preemption conflicts.
The Arizona House Rules Committee recommended House Bill 2446 as constitutional and in proper form, and the rules attorney recommended a narrow floor amendment to harmonize the measure with federal safety rules.
Tim Fleming summarized HB 2446 as a measure to check commercial truckers' ability to speak and understand English so they can read and adhere to highway and traffic signs; if an officer finds a motor carrier cannot demonstrate proficiency, the bill authorizes issuing an "out of service order" under state law (SEG 080–091).
Fleming identified a constitutional flag under the Supremacy Clause: FMCSA rules prohibit issuing certain out-of-service orders within the federal "border commercial zone." Fleming recommended a floor amendment to carve out that border commercial zone to avoid a conflict with federal law (SEG 092–105).
Committee action. Members asked whether the sponsor was responsive; Fleming said the sponsor had reached out and that a meeting was being scheduled to discuss harmonizing language (SEG 111–121). The committee voted 5 ayes, 2 nays, 1 absent to recommend the bill as constitutional and in proper form (SEG 129–144).
What’s next. Fleming said a floor amendment could better harmonize the bill with FMCSA rules; staff and the sponsor planned to continue discussions before floor consideration.
