BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 344|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: SB 344
Author: Monning (D)
Amended: 6/2/15
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 4/14/15
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva,
McGuire, Mendoza, Roth, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SUBJECT: Commercial driver's license: educationCommercial
driver's license: education.
SOURCE: Author
DIGEST: This bill requires an individual to successfully
complete a course of instruction that meets minimum standards
established by the Department of Motor Vehicles (DMV) in order
to obtain a commercial driver's license.
ANALYSIS:
Existing law:
1)Prohibits an individual from operating a commercial motor
vehicle unless he or she has in his or her immediate
possession a valid commercial driver's license of the
appropriate class. A commercial driver's license is required
for a variety of trucks weighing more than 26,000 lbs.,
passenger buses, and vehicles carrying hazardous materials.
SB 344
Page 2
2)Requires an individual, in order to obtain a commercial
driver's license, to successfully complete both a written and
driving test that comply with the minimum federal standards to
operate a commercial motor vehicle.
3)Authorizes DMV to waive the driving test for an individual
with military commercial motor vehicle experience if the
individual is currently licensed with the U.S. Armed Forces
and his or her driving record and experience meet the minimum
federal standards.
4)Requires DMV to prescribe and conduct commercial written and
driving tests, but authorizes DMV to enter into agreements
with third-party testers to administer the driving test (the
Employer Testing Program).
5)Exempts members and reservists of the U.S. Armed Forces,
National Guard, and U.S. Coast Guard from all commercial
driver's license requirements and sanctions.
6)Establishes the Bureau for Private Postsecondary Education
(BPPE) within the Department of Consumer Affairs to protect
students and provide regulatory oversight of private
postsecondary (post-high school) educational and vocational
institutions. Requires BPPE to review, investigate, and
approve private postsecondary institutions, programs, and
courses of instruction and authorizes BPPE to take formal
action against institutions to ensure compliance.
7)Exempts from BPPE regulation an institution that does not
award degrees and that solely provides educational programs
for total charges of less than $2,500, provided that no part
of the charges is paid from state or federal student financial
aid programs.
This bill:
1)Provides that in order to obtain a commercial driver's
license, an individual must successfully complete a course of
instruction from either a commercial motor vehicle driver
training institution or a program offered by an employer, and
that has been certified by DMV, in addition to successfully
SB 344
Page 3
completing a written and driving test.
2)Prohibits DMV from certifying a commercial motor vehicle
training institution or employer-provided program until the
institution or program has submitted to DMV an approved course
of instruction that meets the minimum standards set by DMV.
Requires DMV to update its standards as necessary to comply
with guidance or requirements established by the Federal Motor
Carrier Safety Administration (FMCSA).
3)Exempts from the course requirement a commercial motor vehicle
driver with military motor vehicle experience who is currently
licensed with the U.S. Armed Forces, provided that his or her
driving record and driving experience meet the minimum federal
standards.
4)Also exempts from the course requirement a commercial motor
vehicle driver who presents a valid certificate of driving
skill issued through a DMV-approved employer testing program
that offers a course of instruction that has been submitted to
DMV and meets minimum DMV standards.
5)Provides that an institution that is certified by DMV to offer
a course of instruction to prepare students to obtain a
commercial driver's license may not claim an exemption from
BPPE regulation.
Comments
Purpose. The author states that 5,327 truck collisions, of
which 235 involved fatalities, were reported to the California
Highway Patrol in 2012. In July 2014, a truck with a double
tractor-trailer loaded with 50,000 pounds of soil lost control
on Highway 17 and crashed into 10 cars, injuring seven people
and killing 25-year-old Daniel McGuire of Santa Cruz. The
driver had little, if any, formal training prior to the crash.
The author states that by ensuring that commercial truck drivers
receive an adequate standard of training, this bill can help
reduce the risk of tragic and fatal truck accidents.
Ensuring legitimate training. Last year, the Legislature
reauthorized the existence of BPPE (SB 1247, Lieu, Chapter 840,
SB 344
Page 4
Statutes of 2014). The Senate Floor Analysis for SB 1247 notes
that "As the number of students served by private postsecondary
institutions has increased, so has the focus on fraudulent
practices and low academic standards. There have been numerous
high-profile federal investigations into the practices of
for-profit institutions in recent years." According to the
author, truck driver training options can range from a $7,000,
five-month, intensive training program to a $50 DVD. This bill
aims to protect students from fraudulent truck driver training
schools by removing the exemption from BPPE regulation for
schools that charge less than $2,500 for a course of instruction
and by requiring individuals to complete a course of instruction
from a DMV-certified institution.
Employer testing program exemption. This bill exempts from the
course requirement an individual who presents a valid
certificate of driving skill issued through an employer testing
program. The DMV's Employer Testing Program (ETP) allows firms
that employ commercial drivers to administer driving tests for
their employees (but written tests must be taken through DMV).
According to the California Trucking Association, 180 employers
in the state currently participate in ETP. In order to
participate, employers must apply to DMV, obtain DMV approval
for examiners and training, and meet specified record retention
requirements. In addition, DMV regularly inspects and audits
ETP participants. The author amended this bill in the
Appropriations Committee to additionally allow employers who are
not in ETP to offer the required training, provided that they
submit the course of instruction to DMV.
Federal standards. Federal regulations require an individual to
successfully pass written and driving tests that meet federal
standards in order to obtain a commercial driver's license, but
do not require an individual to take a course of instruction.
The federal Moving Ahead for Progress in the 21st Century Act
(P.L. 112-141, commonly known as MAP-21), signed by President
Obama in July 2012, directs FMCSA to establish new regulations
for minimum training requirements for individuals applying for a
commercial driver's license. FMCSA has established a
stakeholder committee, which began conducting public meetings in
March 2015 to consider requirements such as length of classroom
instruction and behind-the-wheel experience. FMCSA intends to
SB 344
Page 5
publish proposed regulations late this year. This bill requires
DMV to update its standards as necessary to comply with any
FMCSA actions. This bill was amended in the Appropriations
Committee to delay implementation until January 1, 2018, in
order to help ensure that DMV regulations address any new
federal regulations.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Appropriations Committee:
1)DMV would incur one-time startup costs of approximately $1.8
million in 2017-18, and approximately $1.12 million annually
ongoing (Motor Vehicle Account), but only to the extent
federal regulations are not adopted prior to that time that
would supersede California requirements.
2)BPPE estimates costs of approximately $975,000 and 10 PY in
2016-17, $1.1 million and 12 PY in 2017-18, and $1.2 million
and 12 PY in 2018-19 and ongoing to license and regulate an
estimated 180 schools (150 main locations and 30 branch
locations). BPPE costs are expected to be fully covered by
initial and ongoing fees charged to training schools.
(Private Postsecondary Education Administration Fund)
3)Using the assumption noted above that 180 schools would be
subject to regulation, BPPE estimates licensing fee revenues
of $2.1 million in 2016-17 and 2017-18, and $2.2 million in
2018-19 and ongoing. Additional annual "institution fee"
revenues would be proportional to BPPE costs for regulating
these schools. (Private Postsecondary Education Administration
Fund)
SUPPORT: (Verified6/1/15)
California Association of Highway Patrolmen
California Trucking Association
City of Capitola
City of San Jose
City of Scotts Valley
City of Watsonville
SB 344
Page 6
Consumer Attorneys of California
Metropolitan Transportation Commission
Peace Officers Research Association of California
Public Advocates, Inc.
Santa Clara County District Attorney
Santa Cruz County Board of Supervisors
Santa Cruz County Regional Transportation Commission
Truck Safety Coalition
University of San Diego Center for Public Interest Law
University of San Diego Children's Advocacy Institute
University of San Diego Veterans Legal Clinic
Young Invincibles
OPPOSITION: (Verified5/27/15)
Transdev North America, Inc.
ARGUMENTS IN SUPPORT: The California Trucking Association
states that its member companies are heavily invested in
promoting safety throughout the state, which starts with
training drivers on the best practices for roadway driving.
This bill will ensure that new commercial drivers have
demonstrated proficiency in the knowledge and skills required to
drive a commercial vehicle in California before being granted a
commercial driver's license.
ARGUMENTS IN OPPOSITION: Transdev North America, Inc.,
writing in opposition to the prior version of this bill, stated
that it "mandates overbroad and ineffective training
requirements for city bus operators." Transdev argued that this
bill burdens job applicants, doesn't address public safety, and
privatizes a public safety function with no benefit.
Prepared by:Erin Riches / T. & H. / (916) 651-4121
6/2/15 19:42:05
SB 344
Page 7
**** END ****