BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1047
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          Date of Hearing:   May 15, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   AB 1047 (Linder) - As Amended:  April 22, 2013 

          Policy Committee:                               
          TransportationVote:15-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill conforms state law to federal law regarding commercial  
          driver's licenses (CDL). Specifically, this bill:

          1)Allows in-state CDL drivers to obtain an out-of-state  
            commercial learner's permit or CDL from any state electing to  
            issue the permit or license that is compliance with federal  
            regulations. 

          2)Allows the DMV to conduct a CDL test, and charge a testing  
            fee, on a driver 18 years or older who possesses a CDL issued  
            by any state or any foreign jurisdiction that meets the  
            licensing standards specified in the Federal Code of  
            Regulations. 

          3)Requires drivers that possess a CDL from a foreign  
            jurisdiction that does not meet the federal licensing  
            standards to obtain a learner's permit or CDL from DMV prior  
            to operating a commercial motor vehicle.

           FISCAL EFFECT  

          Minor absorbable one-time programming costs to DMV.

           COMMENTS  

           1)Background  . The Federal Commercial Motor Vehicle Safety Act  
            (FMCSA) of 1986 established the CDL Program nationwide in  
            order to improve highway safety by ensuring that drivers of  
            large trucks and buses are qualified to operate those  
            vehicles.  FMCSA updates the CDL program regulations and  








                                                                  AB 1047
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            ensures that all states are in compliance by regularly  
            conducting a program review of states' CDL programs. In 2011,  
            FMCSA issued new regulations with a three-year implementation  
            period. To be in substantial compliance, states must meet  
            these revised standards contained in the federal regulations  
            by July 2014. 

           2)Purpose  .  AB 1047 makes non-discretionary conforming changes  
            to California's CDL program to ensure continued compliance  
            with federal law and corresponding federal regulations  
            mandated by FMCSA.  Failure to achieve substantial compliance  
            with the federal regulations can result in the withholding of  
            federal highway funds and loss of Federal Motor Carrier Safety  
            Assistance Program (MCSAP) grant funds.  Additionally, a state  
            found to be in substantial noncompliance may have its CDL  
            program decertified. Decertification by the FMCSA prohibits  
            the state from issuing, renewing, or upgrading a driver  
            license to commercial driving status.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081