BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                  AB 2768|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |Version:                 |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                    CONSENT


          Bill No:  AB 2768
          Author:   Assembly Utilities and Commerce Committee
          Amended:  6/2/10 in Senate
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMM  :  8-0, 6/15/10
          AYES:  Lowenthal, Huff, Ashburn, DeSaulnier, Harman, Kehoe,  
            Pavley, Simitian
          NO VOTE RECORDED:  Oropeza

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8 

           ASSEMBLY FLOOR  :  76-0, 5/13/10 - See last page for vote


           SUBJECT  :    Vehicles:  charter-party carriers:  busdrivers

          SOURCE  :     Author


           DIGEST  :    This bill ensures that specified acts that  
          result in a license suspension for a bus driver are  
          reported to the Department of Motor Vehicles and makes  
          other minor, technical changes to provisions of law  
          governing various state boards, commissions, and agencies. 

           ANALYSIS  :    Existing law: 

          1.Under AB 636 (Jones), Chapter 248, Statutes of 2009,  
            suspends a person from driving any kind of bus for five  
            years if the person drove a charter bus without having  
            been issued the proper driver's license, endorsement, or  
                                                           CONTINUED





                                                               AB 2768
                                                                Page  
          2

            certificate to do so. The bill also permanently bans a  
            business from operating as a charter bus company if the  
            business knowingly employed such a driver or the business  
            operated without a current permit from the Public  
            Utilities Commission.

          2.Requires the Secretary of the California Environmental  
            Protection Agency (EPA) to address various issues  
            concerning the cost-shifting between classes of utility  
            ratepayers and to provide reports to the Legislature no  
            later than 1997 and 2001.

          3.Creates and specifies the membership and duties of the  
            State Parks and Recreation Commission, the State Mining  
            and Geology Board, State Board of Forestry and Fire  
            Protection, the California Recreational Trails Committee,  
            the Parklands Program Finance Committee, the State Lands  
            Commission, the State Resource Conservation Commission,  
            Resource Improvement Districts, the Ventura-Los Angeles  
            Mountain and Coastal Study Commission, the California  
            Energy Resources Conservation and Development Commission,  
            the State Coastal Conservancy, and the California Urban  
            Waterfront Area Restoration Financing Authority.   

          This bill:

          1.Ensures that suspensions of a bus driver's license  
            resulting from violations under AB 636 are reported to  
            the Department of Motor Vehicles.

          2.Deletes the obsolete existing law requiring the Secretary  
            of EPA to address cost-shifting between classes of  
            utility ratepayers and to report to the Legislature.

          3.Makes minor, technical changes to provisions of law  
            governing commissions, boards, committees, districts, and  
            authority listed above in #3.

           Comments
           
          This bill makes a minor change to the Vehicle Code to  
          address a chaptering problem that arose last year between  
          AB 134 (Blakeslee) Chapter 414, Statutes of 2009, and AB  
          636.  The author amended AB 636 to avoid chaptering out  







                                                               AB 2768
                                                                Page  
          3

          provisions of AB 134.  In addition, the authors requested  
          that the Governor sign AB 134 before AB 636 so that AB 134  
          would not chapter out a provision of AB 636. The Governor  
          signed the bills in the reverse order (i.e., AB 134 first  
          and AB 636 second).  AB 134 chaptered out a change to law  
          made by AB 636 relating to the court reporting offenses to  
          the Department of Motor Vehicles.  This bill corrects that  
          chaptering out problem by restoring the change AB 636 made.

          This bill also makes minor technical changes and deletes  
          obsolete language in state law, including changing the term  
          "chairman" to "chair" for various entities created in state  
          statute to reflect better those who are actually filling  
          these positions.  For example, the last two chairmen of the  
          California Energy Commission have not been men.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  >)

          >

           OPPOSITION  :    (Verified  >)

          >

           ARGUMENTS IN SUPPORT  :    >

           ARGUMENTS IN OPPOSITION  :    >  
           

           ASSEMBLY FLOOR  :  
          AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,  
            Bradford, Brownley, Buchanan, Charles Calderon, Carter,  
            Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,  
            DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,  
            Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,  
            Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,  
            Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue,  
            Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava,  
            Nestande, Niello, Nielsen, V. Manuel Perez, Portantino,  
            Ruskin, Salas, Saldana, Silva, Smyth, Solorio, Audra  







                                                               AB 2768
                                                                Page  
          4

            Strickland, Swanson, Torlakson, Torres, Torrico, Tran,  
            Villines, Yamada, John A. Perez
          NO VOTE RECORDED: Caballero, Norby, Skinner 


          JA:nl  6/29/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                       SUPPORT/OPPOSITION:  NONE RECEIVED










                                ****  END  ****