BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1648
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          Date of Hearing:   April 28, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

            AB 1648 (Jeffries and Chesbro) - As Amended:  April 14, 2010 

          Policy Committee:                               
          TransportationVote:13-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          As proposed to be amended, this bill sets forth new driver's  
          license requirements for firefighters of federal, state, local,  
          and tribal fire departments that operate firefighter equipment.   
          Specifically, the bill: 

          1)Modifies the current requirement that a person operating  
            firefighting equipment with a gross vehicle weight rating over  
            26,000 pounds have a Class A or Class B, to include a third  
            option, which requires a Class C license and a firefighter  
            endorsement from the DMV.

          2)Requires the driver to present evidence to the DMV of  
            successful completion of firefighter equipment operation  
            training and pass an existing written examination developed by  
            the department in cooperation with the State Fire Marshal.

          3)Prohibits DMV from imposing fees for firefighter endorsements,  
            unless the endorsement is added to an existing license, for  
            which the driver is required to pay a duplicate license fee.

          4)Provides that a regularly organized, official fire department  
            is not required to participate in the Department of Motor  
            Vehicles (DMV) Employer Pull Notice (EPN) Program and that  
            department's participating voluntarily will not be charged  
            fees.

           FISCAL EFFECT  

          DMV reports that the bill would result in minor and absorbable  
          costs to the department.








                                                                  AB 1648
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           COMMENTS  

           1)Background.  Under the Employer Testing Program (ETP),  
            employers of commercial drivers are permitted to conduct the  
            drive test portion for the DMV's commercial driver's licensing  
            requirements for Class A, Class B, and non-commercial  
            firefighter restricted license

          Employers of commercial drivers are required participate in the  
            EPN Program, which provides employers with information  
            regarding a driver's current public DMV records and any  
            convictions, failures to appear, accidents, driver's license  
            suspensions, driver's license revocations, or other actions  
            taken against the person's driving privilege.

           2)Rationale  . The DMV reports that the ETP is about to undergo  
            significant changes to conform to new, more rigid, federal  
            regulations relating to such programs.  These changes will  
            make it difficult for fire departments, particularly in rural  
            areas, to operate ETP programs. This will essentially require  
            fire districts to send new drivers to commercial drive test  
            facilities run by the DMV.   At the same time, DMV reports it  
            is reducing the number of drive test facilities from 30 to  
            eight. This is posing a major problem for fire districts,  
            particularly in rural areas, which report that they need to  
            send personnel and equipment far away from their districts,  
            potentially hampering public safety. 

            This bill is intended to address the challenges posed by these  
            new federal regulations, by removing the firefighter  
            restricted license program from DMV's commercial driver's  
            license program (as authorized under federal law). It creates  
            new alternative testing requirements. Under this alternative,  
            drivers will be trained by their departments and will be  
            required to pass a written DMV test.  The author also notes  
            that the required training standards are not impacted by this  
            bill.

           3)Amendments  . The proposed amendments authorize firefighters  
            from tribes to qualify for the alternative licensing  
            requirements, and make other clarifying and technical changes.  

           
          Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081 








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