BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1047| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1047 Author: Linder (R) Amended: 6/14/13 in Senate Vote: 21 SENATE TRANSPORTATION & HOUSING COMMITTEE : 11-0, 6/25/13 AYES: DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso, Lara, Liu, Pavley, Roth, Wyland SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 69-1, 05/24/13 - See last page for vote SUBJECT : Commercial driver's licenses: federal compliance SOURCE : Author DIGEST : This bill updates California commercial driver's license statute in order to comply with new federal regulations. ANALYSIS : The federal Commercial Motor Vehicle Safety Act of 1986 (Act) established the commercial driver's license program to improve highway safety by ensuring that drivers of large trucks and buses are qualified to operate those vehicles. The Act established minimum national standards states must meet when issuing commercial driver's licenses. The Act addresses circumstances that existed prior to 1986 by: Making it illegal for commercial driver's license holders to hold more than one license; CONTINUED AB 1047 Page 2 Requiring states to adopt knowledge and skills testing to ensure that individuals required to have a commercial driver's license are qualified to operate heavy trucks and buses; and Establishing minimum licensing standards and information requirements for the commercial driver's licenses that states issue. The Federal Motor Carrier Safety Administration (FMCSA) administers the commercial drivers' license program, occasionally updates program regulations, and conducts periodic audits of state statutes to determine compliance with program regulations. In 2011, FMCSA issued new regulations with a three-year implementation period such that states must be in substantial compliance by July 8, 2014. If a state fails to comply, FMCSA may decertify its commercial driver's license program, meaning a state could no longer issue or renew commercial driver's licenses, or upgrade a driver's license to a commercial driver's license. Failure to comply with FMCSA regulations may also render a state ineligible for Motor Carrier Safety Assistance Program grants, which provide funds for commercial vehicle safety programs. California law allows an individual 18 years or older to apply for a commercial driver's license by completing an application, completing a 10-Year History Record Check form (if the individual has held any type of driver's license in another state or country), giving a thumbprint, having a picture taken, providing a social security number, providing verification of birth date and legal presence, paying an application fee, passing an eye exam, submitting a completed medical examination report form, and passing a traffic laws and signs test. Once the individual has passed these tests and submitted the required information and fee, the Department of Motor Vehicles (DMV) issues the individual a commercial learner's permit. A permit holder may only drive with a person who holds a valid California driver's license in the same license class. To receive the commercial driver's license, the permit holder must pass a driving test with a DMV examiner in the type of vehicle for the class he/she wishes to drive, or submit to DMV a Certificate of Driving Skill issued by his/her employer. CONTINUED AB 1047 Page 3 This bill: 1.Authorizes DMV to charge a fee to conduct a driving test for a commercial learner's permit holder from another state. 2.Requires DMV to refuse to issue or renew a commercial driver's license to an individual who commits fraud related to obtaining the license. 3.Makes the following technical changes to bring California into compliance with the new federal regulations: A. Changes references from "non-resident" to "non-domiciled" in regards to a license issued by DMV to an individual from another state or country. B. Eliminates language requiring a driver who is not a California resident to obtain a California license before accepting employment as a driver. C. Clarifies that a driver must hold a Class B license to operate a bus weighing more than 26,000 lbs. and to hold a Class C license to operate a bus weighing less than 26,000 lbs. D. Updates definitions of a commercial motor vehicle and a tank vehicle. Background Driving test fee . The new FMCSA regulations authorize states to conduct a commercial driver's license test for an individual who holds a commercial learner's permit from another state. After conducting the test, the state must submit the test results electronically to the motor vehicle department in the applicant's state of residence. For example, an individual might obtain a commercial learner's permit in Nevada, but attend truck driving school in California and take the commercial driving test here. Although existing law authorizes DMV to charge a fee in conjunction with the driver's license application, it does not authorize DMV to charge for simply taking the driving test. This bill authorizes DMV to charge a fee for the test to cover its costs. CONTINUED AB 1047 Page 4 Fraudulent license or permit . The new FMCSA regulations require states to disqualify an individual's commercial driving privilege if he/she is convicted of, or assisted in, fraudulently obtaining a commercial license or instruction permit. Existing California law allows DMV to refuse to issue or renew a driver's license of an individual who commits fraud related to obtaining the license. This bill establishes that language specifically in relation to commercial drivers in order to comply with the new federal regulations. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 8/13/13) California Construction Trucking Association ARGUMENTS IN SUPPORT : The author states that, this bill brings California's commercial driver's license program into compliance with FMCSA regulations. If the state fails to comply, FMCSA could de-certify DMV's commercial driver's license program; in addition, the state could lose out on federal highway funds and FMCSA grant funds. This bill ensures that California can continue to operate its commercial driver's license program, receive federal highway funds, and be eligible for federal safety grants. ASSEMBLY FLOOR : 69-1, 5/24/13 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Blumenfield, Bocanegra, Bonilla, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chesbro, Conway, Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray, Hagman, Hall, Harkey, Roger Hernández, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor, Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Stone, Ting, Wagner, Weber, Wieckowski, Williams, Yamada, John A. Pérez NOES: Donnelly NO VOTE RECORDED: Bloom, Bonta, Chávez, Grove, Holden, Skinner, Waldron, Wilk, Vacancy, Vacancy CONTINUED AB 1047 Page 5 JA:ej 8/13/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED