BILL NUMBER: AB 2659 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 6, 2012
INTRODUCED BY Assembly Member Blumenfield
FEBRUARY 24, 2012
An act to add Section 1279.7 to the Unemployment
Insurance Code, relating to unemployment insurance. An
act to amend Section 15250 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2659, as amended, Blumenfield. Unemployment insurance:
shared work. Vehicles: commercial driver's license:
military personnel.
Existing law requires the Department of Motor vehicles to not
issue a commercial driver's license to any person to operate a
commercial motor vehicle until the person has passed a written and
driving test for the operation of a commercial motor vehicle that
complies with the minimum federal standards established by the
federal Commercial Motor Vehicle Safety Act of 1986 and specified
federal regulations, and has satisfied all other requirements of that
act as well as any other requirements imposed by the Vehicle Code.
This bill would authorize the department to waive the driving
skills test required by federal regulations for a commercial motor
vehicle driver with military commercial motor vehicle experience who
is currently licensed with the United States Armed Forces at the time
of his or her application for a commercial driver's license, and
whose driving record in combination with his or her driving
experience meets, at a minimum, specified conditions required by
federal law.
Existing law permits the payment of a reduced amount of
unemployment compensation benefits to an individual who participates
in a shared work unemployment insurance benefit program pursuant to
an approved employer plan. Existing law requires the Employment
Development Department to implement and administer the plan, and
authorizes the Director of Employment Development to terminate a
shared work plan for good cause if the plan is not being carried out
according to its terms and intent.
This bill would require the department to also develop and
implement an outreach plan designed to provide information and inform
employers in this state of the shared work program, as provided.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 15250 of the
Vehicle Code is amended to read:
15250. (a) (1) A person may shall
not operate a commercial motor vehicle unless that person has in his
or her immediate possession a valid commercial driver's license of
the appropriate class.
(2) A person may shall not operate a
commercial motor vehicle while transporting hazardous materials
unless that person has in his or her possession a valid commercial
driver's license with a hazardous materials endorsement. An
instruction permit does not authorize the operation of a vehicle
transporting hazardous materials.
(b) (1) Before an application for an original or renewal of a
commercial driver's license with a hazardous materials endorsement is
submitted to the United States Transportation Security
Administration for the processing of a security threat assessment, as
required under Part 1572 of Title 49 of the Code of Federal
Regulations, the department shall complete a check of the applicant's
driving record to ensure that the person is not subject to a
disqualification under Part 383.51 of Title 49 of the Code of Federal
Regulations.
(2) (A) A person may
shall not be issued a commercial driver's license until he or
she has passed a written and driving test for the operation of a
commercial motor vehicle which that
complies with the minimum federal standards established by the
federal Commercial Motor Vehicle Safety Act of 1986 (P.L.
(Public Law 99-570) and Part 383 of Title 49 of
the Code of Federal Regulations, and has satisfied all other
requirements of that act as well as any other requirements imposed by
this code.
(B) The driving skills test as specified in Section 383.113 of
Title 49 of the Code of Federal Regulations may be waived for a
commercial motor vehicle driver with military commercial motor
vehicle experience who is currently licensed with the United States
Armed Forces at the time of his or her application for a commercial
driver's license, and whose driving record in combination with his or
her driving experience meets, at a minimum, the conditions required
by Section 383.77(a) and (b) of Title 49 of the Code of Federal
Regulations.
(c) The tests shall be prescribed and conducted by or under the
direction of the department. The department may allow a third-party
tester to administer the driving test part of the examination
required under this section and Section 15275 if all of the following
conditions are met:
(1) The tests given by the third party are the same as those that
would otherwise be given by the department.
(2) The third party has an agreement with the department that
includes, but is not limited to, the following provisions:
(A) Authorization for the United States Secretary of
Transportation, or his or her representative, and the department, or
its representative, to conduct random examinations, inspections, and
audits without prior notice.
(B) Permission for the department, or its representative, to
conduct onsite inspections at least annually.
(C) A requirement that all third-party testers meet the same
qualification and training standards as the department's examiners,
to the extent necessary to conduct the driving skill tests in
compliance with the requirements of Part 383 of Title 49 of the Code
of Federal Regulations.
(D) The department may cancel, suspend, or revoke the agreement
with a third-party tester if the third-party tester fails to comply
with the standards for the commercial driver's license testing
program, or with any other term of the third-party agreement, upon 15
days' prior written notice of the action to cancel, suspend, or
revoke the agreement by the department to the third party. Any action
to appeal or review any order of the department canceling,
suspending, or revoking a third-party testing agreement shall be
brought in a court of competent jurisdiction under Section 1085 of
the Code of Civil Procedure, or as otherwise permitted by the laws of
this state. The action shall be commenced within 90 days from the
effective date of the order.
(E) Any third-party tester whose agreement has been canceled
pursuant to subparagraph (D) may immediately apply for a third-party
testing agreement.
(F) A suspension of a third-party testing agreement pursuant to
subparagraph (D) shall be for a term of less than 12 months as
determined by the department. After the period of suspension, the
agreement shall be reinstated upon request of the third-party tester.
(G) A revocation of a third-party testing agreement pursuant to
subparagraph (D) shall be for a term of not less than one year. A
third-party tester may apply for a new third-party testing agreement
after the period of revocation and upon submission of proof of
correction of the circumstances causing the revocation.
(H) Authorization for the department to charge the third-party
tester a fee, as determined by the department, which
that is sufficient to defray the actual costs
incurred by the department for administering and evaluating the
third-party testing program, and for carrying out any other
activities deemed necessary by the department to ensure sufficient
training for the drivers participating in the program.
(3) Except as provided in Section 15250.3, the tests given by the
third party shall not be accepted in lieu of tests prescribed and
conducted by the department for applicants for a passenger vehicle
endorsement specified in paragraph (2) of subdivision (a) of Section
15278, if the applicant operates or will operate a tour bus.
(d) Commercial driver's license applicants who take and pass
driving tests administered by a third party shall provide the
department with certificates of driving skill satisfactory to the
department that the applicant has successfully passed the driving
tests administered by the third party.
(e) Implementation dates for the issuance of a commercial driver's
license pursuant to this chapter may be established by the
department as it determines is necessary to accomplish an orderly
commercial driver's license program.
SECTION 1. Section 1279.7 is added to the
Unemployment Insurance Code, to read:
1279.7. The department shall develop and implement an outreach
plan designed to provide information and inform employers in this
state of the shared work program set forth in Section 1279.5. The
plan shall include outreach to statewide and local chambers of
commerce, employer advisory councils, and small business advisory
councils.