BILL ANALYSIS                                                                                                                                                                                                    �






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: AB 1567
          SENATOR MARK DESAULNIER, CHAIRMAN              AUTHOR:  jeffries
                                                         VERSION: 
          1/31/2012
          Analysis by:  Eric Thronson                    FISCAL:  yes
          Hearing date:  June 12, 2012



          SUBJECT:

          Driver's licenses:  firefighter endorsement

          DESCRIPTION:

          This bill eliminates the requirement to submit a report of 
          medical examination to qualify for a firefighter endorsement on 
          one's driver's license, and instead requires the submission of 
          self-reported medical information upon application for the 
          endorsement and every two years thereafter.

          ANALYSIS:

          In order to operate a motor vehicle upon a highway, existing law 
          requires a person to hold a valid driver's license appropriate 
          for the type of vehicle he or she is operating.  Existing law 
          generally requires drivers to hold a Class A or B license to 
          operate larger and commercial vehicles, while most drivers hold 
          a Class C license, typically used to operate passenger cars and 
          pick-up trucks.  
          
          To operate firefighting equipment, such as fire trucks, hook and 
          ladder trucks, or other vehicles used in response to 
          emergencies, a firefighter may either have a Class A or B 
          driver's license, or a Class C license with a firefighter 
          endorsement.  To qualify for a firefighter endorsement, existing 
          law requires the driver to do all of the following:

                 Provide proof of current employment as a firefighter or 
               registration as a volunteer firefighter;
                 Provide evidence of fire equipment operation training;
                 Pass the written firefighter examination; and
                 Submit a report of medical examination, specifically a 
               Physician's Health Report, dated within four years of the 
               application.
          




          AB 1567 (JEFFRIES)                                     Page 2

                                                                       


          In 2010, the Legislature passed AB 1648 (Jeffries) Chapter 360, 
          which reformed how the state licenses firefighters.  Before AB 
          1648, in order to operate firefighting equipment in response to 
          emergencies a driver had to either have a Class A or B license 
          or a restricted firefighter license, which was similar to the 
          Class A or B license but restricted to the operation of 
          firefighting equipment.  Individuals with either Class A, B, or 
          restricted firefighter licenses were required to take a driving 
          test at either a branch office of the Department of Motor 
          Vehicles (DMV) or at third-party testing stations; after AB 
          1648, firefighters can earn their firefighter endorsements to 
          their Class C licenses by completing a firefighting course and 
          without taking a driving test.  Further, before AB 1648, 
          applicants for a restricted firefighter driver's license were 
          only required to submit medical information in the form of a 
          self-certifying health questionnaire or medical examination 
          report.  Since January 1, 2011, applicants for a firefighter 
          endorsement are required to submit a Physician's Health Report, 
          which is a document similar to the self-certifying health 
          questionnaire but that requires a physician's signature.  
          
           This bill  eliminates the requirement to submit a report of 
          medical examination to qualify for a firefighter endorsement, 
          and instead requires the submission of self-certified medical 
          information upon application for the endorsement and every two 
          years thereafter.
          
          COMMENTS:

           1.Purpose  .  According to the author, this bill removes 
            unnecessary regulatory red tape and saves fire departments 
            money and time.  The author contends that AB 1648 of 2010, 
            through reforming how the state provides driver's licenses for 
            firefighters, reduced the cost and workload of both local fire 
            departments and the DMV with the exception of one requirement. 
             The new firefighter endorsement process, the author claims, 
            unnecessarily includes a drastic modification to the medical 
            requirement needed by firefighters to receive their necessary 
            driver's license.  The author concludes that this modification 
            created an additional $50 to $100 cost per firefighter for 
            already cash-strapped departments while providing no more 
            information to the DMV than the previous self-certifying 
            process.

          2.Issues  .  This bill raises a number of issues, including the 
            following:




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                 According to data compiled by the California Highway 
               Patrol, there are roughly 350 to 450 collisions statewide 
               involving fire trucks each year, with more than 80 percent 
               of these collisions only involving property damage.  While 
               the data does not include reasons for these accidents, it 
               seems unlikely many of them are related to the health of 
               the fire truck drivers.  While the data varies from year to 
               year, it does not seem to indicate any improvement from the 
               stricter medical requirements.  It is unclear whether these 
               stricter requirements have or will lead to any demonstrable 
               reductions in accidents.

                 While the DMV has no official position on the bill, it 
               has not been able to provide any statistical evidence that 
               the higher medical requirement enacted by AB 1648 has 
               improved outcomes.  Further, DMV indicates that it has no 
               operational concerns with the increased frequency of the 
               medical information submission required by this bill.  

                 Proponents, primarily rural fire districts, indicate 
               that the current medical reporting requirement is costly 
               and burdensome.  They also indicate that they see no real 
               benefit from requiring firefighters to obtain a physician's 
               signature on a questionnaire they would otherwise sign 
               themselves under penalty of perjury.  To the proponents, 
               the increased requirements in AB 1648 simply added to the 
               overwhelming regulatory challenges that small, local, 
               rural, and all volunteer fire departments face.

          Assembly Votes:
               Floor:                            70 - 0
               Approps:  15 - 0
               Trans:                            14 - 0 

          POSITIONS:  (Communicated to the committee before noon on 
                     Wednesday,                             
                     June 6, 2012)

               SUPPORT:  Regional Council of Rural Counties
                         Trinity County Fire Chief's Association
                         Trinity County Board of Supervisors
          
               OPPOSED:  None received 






          AB 1567 (JEFFRIES)                                     Page 4