Under current California law, if a person is convicted of a drug offense, whether or not the drug offenseinvolves driving, the court is required to suspend or revoke theirlicense for six months. This law sunsets on March 1, 1997. In 1990, federal law required states to enact astatute to suspend or revoke drivers'licenses of those persons convicted of specified controlled substanceviolations. A state's failure toenact this type of legislation results in a loss of federaltransportation funds unless they adopt one of the following:

1. Pass a law which suspends for 6 months the driver's license of anyperson convicted of any controlled substance offense, regardless of whether the offense involved the operation of a motor vehicle; or

2. Submit written certification to the Secretary of Transportation that theLegislature and the Governor of that state are opposed to the enactment of such a law.

In order for California to receive federal highway funds of $91 million for 1997 and $100 million for 1998, the

Legislature must pass urgency legislation before March 1. Two bills relating to this subject have been introduced:

1. AB 74 by Assemblyman Larry Bowler (R-Elk Grove) -extends the March 1, 1997 sunset date requiring a six-month driver's license suspension for any controlled substance conviction to October 1, 1999.

2. SB 131 by Senator Quentin Kopp (I-San Francisco) - directs the State of California to declare that it is opposed to the federal government prescribing the form and content of state law requiring that the state adopt a such a law.

Governor Wilson is in strong support of AB 74 and has indicated that he will veto SB 131 if it reaches his desk for signature because he feels it is not good public policy.

Assemblyman Bowler and the CHP claim studies have shown that convicted drug users are more dangerous drivers. DMV stated that approximately 2400 licenses are being suspended each month under the current law.

At the time of this publication, both bills remain in the legislative process and have not yet reached the Governor for his action.

Reference: Vol. 34, No. 1 - UHCA Newsletter Highway -GetHigh