BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2144
                                                                  Page  1

          Date of Hearing:   April 28, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 2144 (Gilmore) - As Amended:  April 14, 2010 

          Policy Committee:                               
          TransportationVote:13-0

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

           SUMMARY  

          This bill addresses recent federal audit findings by modifying  
          provisions of the California Vehicle Code related to commercial  
          driver's licenses.  Specifically, the bill:

          1)Provides that referral to a traffic violator school is  
            actually a de facto guilty plea and conviction, instead of a  
            dismissal of the complaint.  

          2)Provides that Department of Motor Vehicles (DMV) records  
            related to a traffic violator school conviction, normally held  
            confidential, are not confidential if the person convicted  
            holds a Class A, Class B, or commercial Class C driver's  
            license or is operating a commercial motor vehicle.    

          3)Increases the length of disqualification periods and the  
            amount of penalties related to out-of-service convictions.  
           
          FISCAL EFFECTS

           1)Minor and absorbable costs to DMV.

          2)Local costs are not reimbursable.
           
          COMMENTS

          1)Rationale  . DMV is sponsoring this bill for the purpose of  
            ensuring compliance with federal law, and ensuring that only  
            safe drivers operate commercial vehicles on state roadways.   
            The department asserts that commercial vehicle drivers are  
            held to a high standard because they earn their living by  








                                                                  AB 2144
                                                                  Page  2

            operating large, heavy vehicles and/or transporting  
            passengers.

           2)Background  . In November 2008, the Federal Motor Carrier Safety  
            Administration conducted a Commercial Driver License Program  
            review audit in California.  The audit produced several  
            findings of noncompliance with federal law. If California is  
            unable to resolve the issues raised by that audit by the next  
            audit (anticipated being in early 2012), the state may be  
            found out of compliance and may face escalating sanctions,  
            including loss of state highway funds and grant money. 
           
          Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081