BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    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;
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                 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.

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          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.

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           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


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          JA:ej  8/13/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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