BILL NUMBER: SB 2079 CHAPTERED 09/21/02 CHAPTER 774 FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2002 APPROVED BY GOVERNOR SEPTEMBER 20, 2002 PASSED THE SENATE AUGUST 31, 2002 PASSED THE ASSEMBLY AUGUST 30, 2002 AMENDED IN ASSEMBLY AUGUST 30, 2002 AMENDED IN ASSEMBLY AUGUST 24, 2002 AMENDED IN ASSEMBLY JULY 15, 2002 AMENDED IN ASSEMBLY JUNE 18, 2002 AMENDED IN SENATE APRIL 1, 2002 INTRODUCED BY Senator Burton FEBRUARY 22, 2002 An act to amend, repeal, and add Section 51852, repeal, and add the Education Code, and to amend Sections 15242, 34520, 34623, and 34624 of, and to amend, repeal, and add Section 11101 of, the Vehicle Code, relating to driving, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 2079, Burton. Driving instruction: motor carriers: drug testing. Existing law generally regulates driving schools and driving instructors. This bill would provide that these regulations may not be construed to direct or restrict driver education courses offered by private secondary schools, as defined, or to require credentialed or certified instructors in courses offered by those schools. The bill would make technical changes. The bill would provide that these changes would remain in effect only until July 1, 2004. Existing law imposes various requirements upon owner-operators providing transportation services to a motor carrier under the direction and control of that motor carrier, as specified. Existing law defines, for those purposes, "under the direction and control" as, among other things, the performance of transportation services by the owner-operator for a minimum of 60 days within the past 90 days, as specified. This bill would specify that the relevant period would be 60 calendar days within the past 90 calendar days. Existing law requires motor carriers and drivers to comply with federal requirements relating to, among other things, controlled substances and alcohol use and testing for the same. Existing law prohibits an applicant for employment as a commercial driver from being placed on duty by the motor carrier until compliance with certain federal regulations concerning controlled substance and alcohol use and employment history has occurred, as specified. This bill would require an owner-operator to notify all other motor carriers with whom he or she is under contract when these requirements have been met. Violation of these provisions would be an infraction. By creating a new crime, this bill would impose a state-mandated local program. Existing law establishes a classification of motor carrier of property known as owner-operators. This bill would require every motor carrier who is within the owner-operator classification to notify all other motor carriers with whom he or she is under contract when the status of the motor carrier changes so that he or she is no longer within the owner-operator classification. Violation of these provisions would be a crime pursuant to other provisions of law. By creating a new crime, this bill would impose a state-mandated local program. 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. This bill would provide that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 51852 of the Education Code is amended to read: 51852. A course of instruction in the laboratory phase of driver education shall include, for each student enrolled in the class, instruction under one of the following plans: (a) Plan One. A minimum of 12 hours allocated as follows: (1) A minimum of six hours of on-street behind-the-wheel practice driving instruction in a dual-control automobile with a qualified instructor. (2) A minimum of six hours in a dual-control automobile with a qualified instructor for the purposes of observation. Practice driving on an off-street multiple-car driving range approved by the department under the supervision of a qualified instructor may be substituted for all or part of the observation time. (b) Plan Two. A minimum of 24 hours allocated as follows: (1) Three hours of on-street behind-the-wheel practice driving instruction in a dual-control automobile with a qualified instructor. (2) Six hours in a dual-control automobile with a qualified instructor for the purposes of observation. Practice driving on an off-street multiple-car driving range approved by the department under the supervision of a qualified instructor may be substituted for all or part of the observation time. (3) Twelve hours of instruction by a qualified instructor in a driving simulator approved by the department. (4) At least three additional hours of instruction specified in one or more of paragraphs 1 to 3, inclusive, of this subdivision. (c) Plan Three. A minimum of 24 hours allocated as follows: (1) Three hours of on-street behind-the-wheel practice driving instruction in a dual-control automobile with a qualified instructor. (2) Six hours in a dual-control automobile with a qualified instructor for the purpose of observation. (3) Twelve hours of instruction by a qualified instructor on an off-street multiple-car driving range. (4) At least three additional hours of instruction specified in one or more of paragraphs 1 to 3, inclusive, of this subdivision. (d) Plan Four. A minimum of 24 hours allocated as follows: (1) Three hours of on-street behind-the-wheel practice driving instruction in a dual-control automobile with a qualified instructor. (2) Three hours in a dual-control automobile with a qualified instructor for the purpose of observation. (3) Eighteen hours of instruction by a qualified instructor in a driving simulator approved by the department and on an off-street multiple-car driving range. The governing board of the district shall establish the proportion of time to be utilized in simulators and on the off-street multiple-car driving range. (e) Plan Five. (1) Competency-based driver training which means a program in which each student receives a minimum of three hours of on-street behind-the-wheel practice driving instruction, a minimum of one hour of behind-the-wheel pretesting, and a minimum of one hour of behind-the-wheel posttesting. The pretest and posttest for public school programs shall include basic skill evaluation by the instructor, as adopted by the Superintendent of Public Instruction pursuant to paragraph (2). The one hour posttest shall be conducted by an instructor other than the instructor who conducted the three hours of behind-the-wheel practice driving instruction or the pretest. Each student shall receive at least one additional hour of either behind-the-wheel practice driving instruction or observation time. (2) The Superintendent of Public Instruction shall adopt rules, regulations, and basic skill requirements for public school programs pursuant to this subdivision. (3) Local district superintendents offering this program shall annually report to the Superintendent of Public Instruction, on a form developed by the State Department of Education, on student completion of instruction pursuant to paragraph (1). (f) For purposes of this section, one hour means 60 minutes including passing time. (g) Any deviation from the standard use of a simulator or off-street multiple-car driving range, or both, shall have prior approval by the Department of Education before the school district, county superintendent of schools, the California Youth Authority, or the Department of Education can be reimbursed for the students trained. (h) Nothing in this chapter shall be construed to direct or restrict courses of instruction in the classroom phase or the laboratory phase of driver education offered by private elementary and secondary schools or to require the use of credentialed or certified instructors in the laboratory phase of driver education offered by private elementary and secondary schools, except that each student enrolled in a course shall satisfactorily complete a minimum of six hours of on-street behind-the-wheel driving instruction. This chapter shall not be construed to limit eligibility for a provisional driver's license for pupils who have completed driver education or driver training courses offered in private elementary or secondary schools. (i) For the purposes of this section, private elementary or secondary schools are those subject to the provisions of Sections 33190 and 48222. (j) This section shall become inoperative on July 1, 2004, and, as of January 1, 2005, is repealed, unless a later enacted statute that is enacted before January 1, 2005, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 1.5. Section 51852 is added to the Education Code, read: 51852. A course of instruction in the laboratory phase of driver education shall include, for each student enrolled in the class, instruction under one of the following plans: (a) Plan One. A minimum of 12 hours allocated as follows: (1) A minimum of six hours of on-street behind-the-wheel practice driving instruction in a dual-control automobile with a qualified instructor. (2) A minimum of six hours in a dual-control automobile with a qualified instructor for the purposes of observation. Practice driving on an off-street multiple-car driving range approved by the department under the supervision of a qualified instructor may be substituted for all or part of the observation time. (b) Plan Two. A minimum of 24 hours allocated as follows: (1) Three hours of on-street behind-the-wheel practice driving instruction in a dual-control automobile with a qualified instructor. (2) Six hours in a dual-control automobile with a qualified instructor for the purposes of observation. Practice driving on an off-street multiple-car driving range approved by the department under the supervision of a qualified instructor may be substituted for all or part of the observation time. (3) Twelve hours of instruction by a qualified instructor in a driving simulator approved by the department. (4) At least three additional hours of instruction specified in one or more of paragraphs 1 to 3, inclusive, of this subdivision. (c) Plan Three. A minimum of 24 hours allocated as follows: (1) Three hours of on-street behind-the-wheel practice driving instruction in a dual-control automobile with a qualified instructor. (2) Six hours in a dual-control automobile with a qualified instructor for the purpose of observation. (3) Twelve hours of instruction by a qualified instructor on an off-street multiple-car driving range. (4) At least three additional hours of instruction specified in one or more of paragraphs 1 to 3, inclusive, of this subdivision. (d) Plan Four. A minimum of 24 hours allocated as follows: (1) Three hours of on-street behind-the-wheel practice driving instruction in a dual-control automobile with a qualified instructor. (2) Three hours in a dual-control automobile with a qualified instructor for the purpose of observation. (3) Eighteen hours of instruction by a qualified instructor in a driving simulator approved by the department and on an off-street multiple-car driving range. The governing board of the district shall establish the proportion of time to be utilized in simulators and on the off-street multiple-car driving range. (e) Plan Five. (1) Competency-based driver training which means a program in which each student receives a minimum of three hours of on-street behind-the-wheel practice driving instruction, a minimum of one hour of behind-the-wheel pretesting, and a minimum of one hour of behind-the-wheel posttesting. The pretest and posttest for public school programs shall include basic skill evaluation by the instructor, as adopted by the Superintendent of Public Instruction pursuant to paragraph (2). The one hour posttest shall be conducted by an instructor other than the instructor who conducted the three hours of behind-the-wheel practice driving instruction or the pretest. Each student shall receive at least one additional hour of either behind-the-wheel practice driving instruction or observation time. (2) The Superintendent of Public Instruction shall adopt rules, regulations, and basic skill requirements for public school programs pursuant to this subdivision. (3) Local district superintendents offering this program shall annually report to the Superintendent of Public Instruction, on a form developed by the State Department of Education, on student completion of instruction pursuant to paragraph (1). (f) For purposes of this section, one hour means 60 minutes including passing time. (g) Any deviation from the standard use of a simulator or off-street multiple-car driving range, or both, shall have prior approval by the Department of Education before the school district, county superintendent of schools, the California Youth Authority, or the Department of Education can be reimbursed for the students trained. (h) Nothing in this section shall be construed to direct or restrict courses of instruction in the classroom phase or the laboratory phase of driver education offered by private elementary and secondary schools or to require the use of credentialed or certified instructors in the laboratory phase of driver education offered by private elementary and secondary schools, except that each student enrolled in a course shall satisfactorily complete a minimum of six hours of on-street behind-the-wheel driving instruction. This section shall not be construed to limit eligibility for a provisional driver's license for pupils who have completed driver education or driver training courses offered in private elementary or secondary schools. (i) For the purposes of this section, private elementary or secondary schools are those subject to the provisions of Sections 33190 and 48222. (j) This section shall become operative on July 1, 2004. SEC. 2. Section 11101 of the Vehicle Code is amended to read: 11101. (a) The provisions of this chapter shall not apply to any of the following: (1) Public schools or educational institutions in which driving instruction is part of the curriculum. (2) Nonprofit public service organizations offering instruction without a tuition fee. (3) Nonprofit organizations engaged exclusively in giving off-the-highway instruction in the operation of motorcycles, if the course of instruction is approved by the National Highway Traffic Safety Administration and is not designed to prepare students for examination by the department for a class 4 drivers license. (4) Commercial schools giving only off-the-highway instruction in the operation of special construction equipment, as defined in this code. (5) Vehicle dealers or their salesmen giving instruction without charge to purchasers of motor vehicles. (6) Employers giving instruction to their employees. (7) Commercial schools engaged exclusively in giving off-the-highway instruction in the operation of racing vehicles or in advanced driving skills to persons holding valid drivers' licenses, except whenever such instruction is given to persons who are being prepared for examination by the department for any class of driver's license. (b) For purposes of this section, "racing vehicle" means a motor vehicle of a type which is used exclusively in a contest of speed and which is not intended for use on the highways. (c) (1) Nothing in this chapter shall be construed to direct or restrict courses of instruction in driver education offered by private secondary schools or to require the use of credentialed or certified instructors in driver education courses offered by private secondary schools. (2) For the purposes of this section, private secondary schools are those subject to the provisions of Sections 33190 and 48222 of the Education Code. (d) This section shall become inoperative on July 1, 2004, and, as of January 1, 2005, is repealed, unless a later enacted statute that is enacted before January 1, 2005, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 2.5. Section 11101 is added to the Vehicle Code, to read: 11101. (a) The provisions of this chapter shall not apply to any of the following: (1) Public schools or educational institutions in which driving instruction is part of the curriculum. (2) Nonprofit public service organizations offering instruction without a tuition fee. (3) Nonprofit organizations engaged exclusively in giving off-the-highway instruction in the operation of motorcycles, if the course of instruction is approved by the National Highway Traffic Safety Administration and is not designed to prepare students for examination by the department for a class 4 drivers license. (4) Commercial schools giving only off-the-highway instruction in the operation of special construction equipment, as defined in this code. (5) Vehicle dealers or their salesmen giving instruction without charge to purchasers of motor vehicles. (6) Employers giving instruction to their employees. (7) Commercial schools engaged exclusively in giving off-the-highway instruction in the operation of racing vehicles or in advanced driving skills to persons holding valid drivers' licenses, except whenever such instruction is given to persons who are being prepared for examination by the department for any class of driver's license. (b) For purposes of this section, "racing vehicle" means a motor vehicle of a type which is used exclusively in a contest of speed and which is not intended for use on the highways. (c) This section shall become operative on July 1, 2004. SEC. 3. Section 15242 of the Vehicle Code is amended to read: 15242. (a) A person who is self-employed as a commercial motor vehicle driver shall comply with both the requirements of this chapter pertaining to employers and those pertaining to employees. (b) Notwithstanding subdivision (a), any motor carrier that engages an owner-operator meeting the requirements of subdivision (b) of Section 34624 to provide transportation services under the direction and control of that motor carrier is responsible for the compliance of that owner-operator with this chapter and for purposes of the regulations adopted by the department pursuant to Section 34501 during the period of that direction and control. (c) For the purposes of subdivision (b), "direction and control" means either of the following: (1) The owner-operator is operating under the United States Department of Transportation interstate operating authority of the motor carrier. (2) The owner-operator has performed transportation services for a minimum of 60 calendar days within the past 90 calendar days for the motor carrier and has been on duty for that carrier for no less than 36 hours within any week in which transportation services were provided. (d) Subdivision (b) shall not be construed to change the definition of "employer," "employee," or "independent contractor" for any purpose. SEC. 4. Section 34520 of the Vehicle Code is amended to read: 34520. (a) Motor carriers and drivers shall comply with the controlled substances and alcohol use, transportation, and testing requirements of the United States Secretary of Transportation as set forth in Part 382 (commencing with Section 382.101) of, and Sections 392.5(a)(1) and 392.5(a)(3) of, Title 49 of the Code of Federal Regulations. (b) (1) Every motor carrier shall make available for inspection, upon the request of an authorized employee of the department, copies of all results and other records pertaining to controlled substances and alcohol use and testing conducted pursuant to federal law, as specified in subdivision (a), including those records contained in individual driver qualification files. (2) For the purposes of complying with the return-to-duty alcohol or controlled substances test requirements, or both, of Section 382.309 of Title 49 of the Code of Federal Regulations and the followup alcohol or controlled substances test requirements, or both, of Section 382.311 of that title, the department may use those test results to monitor drivers who are motor carriers. (3) No evidence derived from a positive test result in the possession of a motor carrier shall be admissible in a criminal prosecution concerning unlawful possession, sale, or distribution of controlled substances. (c) Any drug or alcohol testing consortium, as defined in Section 382.107 of Title 49 of the Code of Federal Regulations, shall mail a copy of all drug and alcohol positive test result summaries to the department within three days of the test. This requirement applies only to drug and alcohol positive tests of those drivers employed by motor carriers who operate terminals within this state. (d) A transit agency receiving federal financial assistance under Section 3, 9, or 18 of the Federal Transit Act, or under Section 103 (e)(4) of Title 23 of the United States Code, shall comply with the controlled substances and alcohol use and testing requirements of the United States Secretary of Transportation as set forth in Part 655 (commencing with Section 655.1) of Title 49 of the Code of Federal Regulations. (e) The owner-operator shall notify all other motor carriers with whom he or she is under contract when the owner-operator has met the requirements of subdivision (c) of Section 15242. Notwithstanding subdivision (i), a violation of this subdivision is an infraction. (f) Except as provided in Section 382.301 of Title 49 of the Code of Federal Regulations, an applicant for employment as a commercial driver or an owner-operator seeking to provide transportation services and meeting the requirements of subdivision (b) of Section 34624, may not be placed on duty by a motor carrier until a preemployment test for controlled substances and alcohol use meeting the requirements of the federal regulations referenced in subdivision (a) have been completed and a negative test result has been reported. (g) An applicant for employment as a commercial driver or an owner-operator, seeking to provide transportation services and meeting the requirements of subdivision (b) of Section 34624, may not be placed on duty by a motor carrier until the motor carrier has completed a full investigation of the driver's employment history meeting the requirements of the federal regulations cited under subdivision (a). Every motor carrier, whether making or receiving inquiries concerning a driver's history, shall document all activities it has taken to comply with this subdivision. (h) A motor carrier that utilizes a preemployment screening service to review applications is in compliance with the employer duties under subdivisions (e) and (f) if the preemployment screening services that are provided satisfy the requirements of state and federal law and the motor carrier abides by any findings that would, under federal law, disqualify an applicant from operating a commercial vehicle. (i) It is a misdemeanor punishable by imprisonment in the county jail for six months and a fine not to exceed five thousand dollars ($5,000), or by both the imprisonment and fine, for any person to willfully violate this section. As used in this subdivision, "willfully" has the same meaning as defined in Section 7 of the Penal Code. (j) This section does not apply to a peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, who is authorized to drive vehicles described in Section 34500 if that peace officer is participating in a substance abuse detection program within the scope of his or her employment. SEC. 5. Section 34623 of the Vehicle Code is amended to read: 34623. (a) The Department of the California Highway Patrol has exclusive jurisdiction for the regulation of safety of operation of motor carriers of property. (b) The motor carrier permit of a motor carrier of property may be suspended for failure to do any of the following: (1) Maintain any vehicle of the carrier in a safe operating condition or to comply with this code or with applicable regulations contained in Title 13 of the California Code of Regulations, if that failure is either a consistent failure or presents an imminent danger to public safety. (2) Enroll all drivers in the pull notice system as required by Section 1808.1. (3) Submit any application or pay any fee required by subdivision (e) or (h) of Section 34501.12 within the timeframes set forth in that section. (c) The motor carrier permit of a motor carrier of property shall be suspended for failure to either (1) comply with the requirements of federal law described in subdivision (a) of Section 34520 of the Vehicle Code, or (2) make copies of results and other records available as required by subdivision (b) of that section. The suspension shall be as follows: (1) For a serious violation, which is a willful failure to perform substance abuse testing in accordance with state or federal law: (A) For a first offense, a mandatory five-day suspension. (B) For a second offense within three years of a first offense, a mandatory three-month suspension. (C) For a third offense within three years of a first offense, a mandatory one year suspension. (2) For a nonserious violation, the time recommended to the department by the Department of the California Highway Patrol. (3) For the purposes of this subdivision, "willful failure" means any of the following: (A) An intentional and uncorrected failure to have a controlled substances and alcohol testing program in place. (B) An intentional and uncorrected failure to enroll an employed driver into the controlled substances and alcohol testing program. (C) A knowing use of a medically disqualified driver, including the failure to remove the driver from safety-sensitive duties upon notification of the medical disqualification. (D) An attempt to conceal legal deficiencies in the motor carrier' s controlled substances and alcohol testing program. (d) The department, pending a hearing in the matter pursuant to subdivision (f), may suspend a carrier's permit. (e) (1) A motor carrier whose motor carrier permit is suspended pursuant to subdivision (b) may obtain a reinspection of its terminal and vehicles by the Department of the California Highway Patrol by submitting a written request for reinstatement to the department and paying a reinstatement fee as required by Section 34623.5. (2) A motor carrier whose motor carrier permit is suspended for failure to submit any application or to pay any fee required by Section 34501.12 shall present proof of having submitted that application or have paid that fee to the Department of the California Highway Patrol before applying for reinstatement of its motor carrier permit. (3) The department shall deposit all reinstatement fees collected from motor carriers of property pursuant to this section in the fund. Upon receipt of the fee, the department shall forward a request to the Department of the California Highway Patrol, which shall perform a reinspection within a reasonable time, or shall verify receipt of the application or fee or both the application and fee. Following the term of a suspension imposed under Section 34670, the department shall reinstate a carrier's motor carrier permit suspended under subdivision (b) upon notification by the Department of the California Highway Patrol that the carrier's safety compliance has improved to the satisfaction of the Department of the California Highway Patrol, or that the required application or fees have been received by the Department of the California Highway Patrol, unless the permit is suspended for another reason or has been revoked. (f) Whenever the department suspends the permit of any carrier pursuant to subdivision (b), (c), or paragraph (3) of subdivision (i), the department shall furnish the carrier with written notice of the suspension and shall provide for a hearing within a reasonable time, not to exceed 21 days, after a written request is filed with the department. At the hearing, the carrier shall show cause why the suspension should not be continued. Following the hearing, the department may terminate the suspension, continue the suspension in effect, or revoke the permit. The department may revoke the permit of any carrier suspended pursuant to subdivision (b) at any time that is 90 days or more after its suspension if the carrier has not filed a written request for a hearing with the department or has failed to submit a request for reinstatement pursuant to subdivision (e). (g) Notwithstanding any other provision of this code, no hearing shall be provided when the suspension of the motor carrier permit is based solely upon the failure of the motor carrier to maintain satisfactory proof of financial responsibility as required by this code, or failure of the motor carrier to submit an application or to pay fees required by Section 34501.12. (h) A motor carrier of property may not operate a commercial motor vehicle on any public highway in this state during any period its motor carrier of property permit is suspended pursuant to this division. (i) (1) A motor carrier of property whose motor carrier permit is suspended pursuant to this section or Section 34505.6, which suspension is based wholly or in part on the failure of the motor carrier to maintain any vehicle in safe operating condition, may not lease, or otherwise allow, another motor carrier to operate the vehicles of the carrier subject to the suspension, during the period of the suspension. (2) A motor carrier of property may not knowingly lease, operate, dispatch, or otherwise utilize any vehicle from a motor carrier of property whose motor carrier permit is suspended, which suspension is based wholly or in part on the failure of the motor carrier to maintain any vehicle in safe operating condition. (3) The department may immediately suspend the motor carrier permit of any motor carrier that the department determines to be in violation of paragraph (2). SEC. 6. Section 34624 of the Vehicle Code is amended to read: 34624. (a) The department shall establish a classification of motor carrier of property known as owner-operators. (b) As used in this section and in Sections 1808.1 and 34501.12, an owner-operator is a person who meets all of the following requirements: (1) Holds a class A or class B driver's license or a class C license with a hazardous materials endorsement. (2) Owns, leases, or otherwise operates not more than one power unit and not more than three towed vehicles. (3) Is required to obtain a permit as a motor carrier of property by the department under this division. (c) (1) As used in this section, "power unit" is a motor vehicle described in subdivision (a), (b), (g), (f), or (k) of Section 34500, or a motortruck of two or more axles that is more than 10,000 pounds gross vehicle weight rating, but does not include those vehicles operated by household goods carriers, as defined in Section 5109 of the Public Utilities Code or persons providing transportation of passengers. A "towed vehicle" is a nonmotorized vehicle described in subdivision (d), (e), (f), (g), or (k) of that section. (2) As used in this section, subdivision (f) of Section 34500 includes only those combinations where the gross vehicle weight rating of the towing vehicle exceeds 11,500 pounds, and subdivision (g) of Section 34500 includes only those vehicles transporting hazardous materials for which the display of placards is required pursuant to Section 27903, a license is required pursuant to Section 32000.5, or for which a hazardous waste transporter registration is required pursuant to Section 25163 of the Health and Safety Code. (d) The department, upon suspending or revoking the driving privilege of an owner-operator shall also suspend the owner-operator' s motor carrier permit, unless the owner-operator, within 15 days, shows good cause why the permit should not be suspended. (e) Every motor carrier who is within the classification established by this section is responsible for notifying all other motor carriers with whom he or she is under contract when the status of the motor carrier changes so that he or she is no longer within the classification established by this section. (f) This section shall not be construed to change the definition of "employer," "employee," or "independent contractor" for any other purpose. SEC. 7. 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. 8. 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 appropriate compliance with federal and state regulations regarding drug and alcohol testing relative to motor carriers, owner-operators, and drivers, it is necessary that this statute take immediate effect.