BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2188
                                                                  Page  1

          Date of Hearing:   May 2, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  AB 2188 (Lowenthal) - As Amended:  March 27, 2012 

          Policy Committee:                              
          TransportationVote:14-0

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

           SUMMARY  

          This bill makes numerous, noncontroversial changes to the 
          vehicle code to conform state law concerning commercial driver's 
          licenses (CDLs) to federal law concerning CDLs.  For example, 
          this bill:

          1)Deletes, effective January 30, 2014, the requirement in 
            current law that a licensee have a valid medical certificate 
            in his or her possession. 

          2)Declares that a CDL holder is ineligible for a restricted 
            commercial driver's license when suspended for a violation 
            while driving in a non-commercial motor vehicle. 

          3)Adds texting while operating a commercial vehicle to the list 
            of serious offenses that can result in the suspension of the 
            commercial driving privilege. 

          4)Declares it illegal for persons to operate commercial vehicles 
            unless they possess the CDL of the appropriate class of 
            vehicle. 

          5)Identifies which military personnel are exempt from the 
            requirements to possess a commercial driver license when 
            operating a commercial motor vehicle. 

          6)Requires DMV to impose CDL suspensions, revocations, or 
            disqualification actions when an administrative action or 
            conviction occurs in another jurisdiction upon notification. 

           FISCAL EFFECT  

          Negligible state costs.






                                                                  AB 2188
                                                                  Page  2


           COMMENTS  

           1)Rationale.   The author intends this bill to make 
            noncontroversial changes to the vehicle code to conform state 
            CDL law to federal CDL law.  Failure to achieve substantial 
            compliance with the federal requirements can result in 
            withholding of federal-aid highway funds and loss of Federal 
            Motor Carrier Safety Assistance Program grant funds. 
            Additionally, a state found to be in substantial noncompliance 
            may have its CDL program decertified, which would prohibit the 
            state from issuing, renewing, or upgrading a driver license to 
            commercial driving status.

           2)There is no support or opposition formally registered to this 
            bill.  

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081