BILL NUMBER: AB 2112 CHAPTERED 07/02/02 CHAPTER 103 FILED WITH SECRETARY OF STATE JULY 2, 2002 APPROVED BY GOVERNOR JULY 2, 2002 PASSED THE SENATE JUNE 20, 2002 PASSED THE ASSEMBLY MAY 9, 2002 AMENDED IN ASSEMBLY MAY 6, 2002 AMENDED IN ASSEMBLY APRIL 8, 2002 AMENDED IN ASSEMBLY APRIL 1, 2002 INTRODUCED BY Assembly Member Cogdill (Coauthors: Assembly Members Aanestad, Bates, Bogh, Briggs, Bill Campbell, John Campbell, Cox, Daucher, Dickerson, Harman, Hollingsworth, La Suer, Leach, Maldonado, Mountjoy, Robert Pacheco, Rod Pacheco, Pescetti, Runner, Strickland, Wyland, Wyman, and Zettel) (Coauthor: Senator Ackerman) FEBRUARY 19, 2002 An act to amend Section 12502 of the Vehicle Code, relating to vehicles, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 2112, Cogdill. Vehicles: hazardous materials. Under existing law, it is a crime to operate a motor vehicle without a driver's license unless an exemption is applicable. Existing law provides that a nonresident over the age of 18 years having in his or her immediate possession a valid driver's license issued by a foreign jurisdiction of which he or she is a resident, may operate a motor vehicle in this state without a driver's license with specified exceptions. This bill would further require such a nonresident, 21 years of age or older, if transporting hazardous materials, as defined, in a commercial vehicle, to have a valid license with the appropriate endorsement issued by another state or other jurisdiction that is recognized by the department, or to have in his or her immediate possession a Canadian driver's license and a copy of his or her current training certificate to transport hazardous material that complies with all federal laws and regulations with respect to hazardous materials. Because this bill would expand the application of a crime, it would impose a state-mandated local program. This bill would also specify that a nonresident who is entitled to an exemption while operating a commercial vehicle and who is required to have a current medical certificate in his or her possession, as specified, shall comply with any restriction on that certificate. This bill would state the intent of the Legislature that this act not be construed to abrogate any provision of law that would otherwise require an individual to obtain a California driver's license. This bill would declare that it is to take effect immediately as an urgency statute. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 12502 of the Vehicle Code is amended to read: 12502. (a) The following persons may operate a motor vehicle in this state without obtaining a driver's license under this code: (1) A nonresident over the age of 18 years having in his or her immediate possession a valid driver's license issued by a foreign jurisdiction of which he or she is a resident, except as provided in Section 12505. (2) A nonresident, 21 years of age or older, if transporting hazardous material, as defined in Section 353, in a commercial vehicle, having in his or her immediate possession, a valid license with the appropriate endorsement issued by another state or other jurisdiction that is recognized by the department, or a Canadian driver's license and a copy of his or her current training certificate to transport hazardous material that complies with all federal laws and regulations with respect to hazardous materials, both of which shall be in his or her immediate possession. (3) A nonresident having in his or her immediate possession a valid driver's license, issued by the Diplomatic Motor Vehicle Office of the Office of Foreign Missions of the United States Department of State, for the type of motor vehicle or combination of vehicles that the person is operating. (b) Any person entitled to the exemption contained in subdivision (a), while operating, within this state, a commercial vehicle, as defined in subdivision (b) of Section 15210, shall have in his or her possession a current medical certificate of a type described in subdivision (c) of Section 12804.9, which has been issued within two years of the date of operation of that vehicle. (c) A nonresident possessing a medical certificate in accordance with subdivision (b) shall comply with any restriction of the medical certificate issued to that nonresident. SEC. 2. It is the intent of the Legislature that this act shall not be construed to abrogate any provision of law that would otherwise require an individual to obtain a California driver's license. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure the safety of California's highways, it is necessary that this act take effect immediately.