BILL ANALYSIS                                                                                                                                                                                                    �



                                                                AB 2659
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        CONCURRENCE IN SENATE AMENDMENTS
        AB 2659 (Blumenfield)
        As Amended  June 6, 2012
        Majority vote
         
         
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        |ASSEMBLY: |     |(May 10, 2012)  |SENATE: |39-0 |(August 9, 2012)     |
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                  (vote not relevant)


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        |COMMITTEE VOTE:  |14-0 |(August 20, 2012)   |RECOMMENDATION: |concur    |
        |(Trans.)         |     |                    |                |          |
        |                 |     |                    |                |          |
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        Original Committee Reference:   INS .

         SUMMARY  :  Allows licensed drivers of military commercial vehicles 
        to qualify for a California Commercial driver's license without 
        undergoing a California driving skills test.  

         The Senate amendments  delete all prior contents of the bill and 
        instead allow the Department of Motor Vehicles (DMV) to waive the 
        driving skills test otherwise required under federal law for a 
        commercial motor vehicle driver with military commercial motor 
        vehicle experience who is licensed with the United States Armed 
        Forces at the time of his or her application for a commercial 
        driver's license, and whose driving record in combination with his 
        or her driving experience meets, at a minimum, the conditions 
        required under federal law.  

         EXISTING LAW  requires an applicant for a commercial driver's 
        license (CDL) to pass a written and driving test for the operation 
        of a commercial motor vehicle that complies with the minimum 
        federal standards established by the federal Commercial Motor 
        Vehicle Safety Act of 1986.  

         AS PASSED BY THE ASSEMBLY  , this bill dealt with unemployment 
        insurance benefits.  

         FISCAL EFFECT  :  According to the Senate Appropriations Committee, 
        pursuant to Senate Rule 28.8, negligible state costs.  









                                                                AB 2659
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         COMMENTS  :  Existing law requires a person to have a valid CDL of 
        the appropriate class in order to operate a commercial vehicle in 
        the state.  DMV issues a CDL to an applicant only after he or she 
        passes written and driving skills tests and meets other 
        requirements depending on the particular type of vehicle the 
        applicant seeks to operate.  

        Federal regulations outline specific skills and knowledge a person 
        must demonstrate before he or she is eligible for a CDL.  The 
        Federal Motor Carrier Safety Administration, the federal agency 
        responsible for commercial vehicle oversight, recently amended its 
        regulations to allow states to waive this skills test for an 
        applicant possessing a military commercial vehicle license and who 
        certifies that within the two-year period immediately prior to 
        applying, he or she has not had:  a license suspended or revoked; a 
        conviction for major offenses (e.g., driving under the influence 
        (DUI) or leaving the scene of an accident); more than one 
        conviction for serious traffic violations (e.g., excessive speeding 
        or reckless driving); or any conviction arising in connection with 
        a traffic accident, nor any record of an accident in which he or 
        she was at fault.  Additionally the applicant must be, or have been 
        within the prior 90 days, regularly employed in a military position 
        requiring operation of a commercial vehicle for at least the prior 
        two years.  
        
        According to the author, recent veterans represent a 
        disproportionate number of the country's unemployed population.  
        Further, research suggests that many of these recent veterans were 
        military transport operators, and therefore share skills similar to 
        commercial drivers.  At the same time, the author contends, the 
        transport industry reports a shortage of truck drivers.  This bill 
        attempts to address these two problems by permitting DMV to adopt 
        the federal waiver standards for the CDL skills test.  According to 
        the author, 15 other states have adopted the federal standards, 
        including New York, Florida, Missouri, Pennsylvania, and Virginia.  
        With a high veteran unemployment rate and a labor shortage in the 
        trucking industry, the author believes this bill benefits the state 
        by allowing qualified veterans to obtain a commercial driver's 
        license in a timely and safe manner.  

         
        Analysis Prepared by  :    Howard Posner / TRANS. / (916) 319-2093 


                                                                FN: 0005210 








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