BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 2659|
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                                 THIRD READING


          Bill No:  AB 2659
          Author:   Blumenfield (D)
          Amended:  8/24/12 in Senate
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  8-0, 7/3/12
          AYES:  DeSaulnier, Gaines, Kehoe, Lowenthal, Pavley, Rubio, 
            Simitian, Wyland
          NO VOTE RECORDED:  Harman

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           SENATE FLOOR  :  39-0, 8/9/12
          AYES:  Alquist, Anderson, Berryhill, Blakeslee, Calderon, 
            Cannella, Corbett, Correa, De Le�n, DeSaulnier, Dutton, 
            Emmerson, Evans, Fuller, Gaines, Harman, Hernandez, Huff, 
            Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete 
            McLeod, Padilla, Pavley, Price, Rubio, Runner, Simitian, 
            Steinberg, Strickland, Vargas, Walters, Wolk, Wright, 
            Wyland, Yee
          NO VOTE RECORDED:  Hancock

           ASSEMBLY FLOOR  :  Not relevant


          SUBJECT  :    Vehicles:  drivers licenses

           SOURCE  :     Author


           DIGEST  :    This bill permits the Department of Motor 
          Vehicles (DMV) to waive the driving skills test required to 
                                                           CONTINUED





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          obtain a commercial driver's license (CDL) for a person 
          with a U.S. Armed Forces military driver's license in 
          compliance with federal regulations, and delete the 
          requirement that the signature of the driver whom the 
          vehicle is being rented to be written in the presence of 
          the person renting the vehicle and instead allows the 
          person renting the vehicle to instead compare the 
          photograph on the driver's license of the person with the 
          person to whom the vehicle is to be rented, except as 
          specified.

           Senate Floor Amendments  of 8/24/12 add new provisions to 
          the bill relative to renting a car.  The amendments delete 
          the requirement that the signature of the driver whom the 
          vehicle is being rented to be written in the presence of 
          the person renting the vehicle and instead allow the person 
          renting the vehicle to instead compare the photograph on 
          the driver's license of the person with the person to whom 
          the vehicle is to be rented, except as specified.

           Senate Floor Amendments  of 8/22/12 add double-jointing 
          language with AB 2188 (Lowenthal).

           ANALYSIS  :    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/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:

          1. Within the two-year period immediately prior to 
             applying, he/she has not had:

                 A license suspended or revoked;

                 Any conviction for major offenses (e.g., DUI or 







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               leaving the scene of an accident);

                 More than one conviction for serious traffic 
               violations (e.g., excessive speeding or reckless 
               driving);

                 Any conviction arising in connection with a traffic 
               accident, nor any record of an accident in which 
               he/she was at fault.

          2. He/she is, or within the prior 90 days was, regularly 
             employed in a military position requiring operation of a 
             commercial vehicle for at least the prior two years.

          This bill:

          1. Permits DMV to waive the driving skills test required to 
             obtain a commercial driver's license for a person with a 
             US Armed Forces military driver's license in compliance 
             with federal regulations.

          2. Deletes the requirement that the signature of the driver 
             whom the vehicle is being rented to be written in the 
             presence of the person renting the vehicle and instead 
             allows the person renting the vehicle to instead compare 
             the photograph on the driver's license of the person 
             with the person to whom the vehicle is to be rented.

          3. Exempts a "rental company," as defined, from the 
             requirement in item 2 above if the rental is subject to 
             the terms of a membership agreement that allows the 
             renter to gain physical access to a car without a key 
             through use of a code, key card, or by other means that 
             allow the car to be accessed at a remote location or at 
             a business location of the rental company outside of 
             that location's regular hours of operation.

          4. Contains double-jointing language with AB 2188 
             (Lowenthal).

           Comments  
           
           According to the author's office, recent veterans represent 
          a disproportionate number of the country's unemployed 







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          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's office, 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's office believes this bill benefits 
          the state by allowing qualified veterans to obtain a 
          commercial driver's license in a timely and safe manner.

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

           SUPPORT  :   (Verified  8/6/12)

          California Chamber of Commerce
          California Distributors Association
          California Grocers Association
          California Independent Grocers Association
          California Manufacturers & Technology Association
          California Retailers Association
          California State Commanders Veterans Council
          California Trucking Association
          National Federation of Independent Business
          Operation Gratitude
          United Chambers of the San Fernando Valley
          Veterans of Foreign Wars


          JJA:d  8/27/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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