1997
Legislative Recap Note: Legislation
signed by Governor Wilson will become effective on January 1, 1998, with the exception of
urgency legislation, which becomes effective immediately upon the Governor’s
signature. Joint Resolutions do not require a signature by the Governor, only
passage by both Houses of the Legislature.
BIT INSPECTIONS
AB 1257 (House)
STATUS: Signed by Governor
POSITION: Support
The California Highway Patrol sponsored AB 1257 to offer incentives to
carriers who consistently receive good BIT ratings, inspire compliance,
and focus CHP’s limited resources on unsafe carriers and those with
unsatisfactory BIT ratings. The CHP
claims that satisfactory carriers
will “Find us in your terminals less and on the highway more, along
with
a focus on problem carriers.” UHCA
supported the efforts of Assembly
Member George House and the CHP to
modify the existing incentive program
for trucking terminals attaining consecutive satisfactory safety
ratings. Under the provisions of AB 1257, the CHP will target
noncompliant carriers instead of revisiting carriers with consistently
good BIT ratings. AB 1257 will provide a more effective use of
resources by allowing inspectors more time to conduct indepth
inspections of carriers who are not operating safely. This hopefully
would also allow the CHP additional time to focus on the safety of
foreign trucks operating within California as a result of NAFTA..
SEATBELTS
AB 1278 (Cardenas)CDL Suspensions
NAFTA
AJR 17 (Murray)
Triple Trailers
AJR 8 (Honda)
STATUS: Passed by Legislature
POSITION: Support
This measure memorializes the President and Congress to maintain the
current standards relating to truck size and weight by not allowing
longer combination vehicles (LCVs) into California. Highways in
California have completely different characteristics than those of the
16 states in which LCVs are currently legal. The stretches of
highway
in California where LCVs would most likely be permitted do not benefit
California’s intrastate carriers, but rather interstate carriers who
most likely are based outside of California. Allowing LCVs to
operate
in California gives the large, interstate trucking companies yet another
competitive advantage over California based, small to medium-sized
companies.
ISTEA
SJR 18 (Karnette)
STATUS: Passed by Legislature
POSITION: Support
This measure memorializes the President and the Congress to make the
need for freight facilities a factor in the distribution of funds in the
reauthorization of the federal Intermodal Surface Transportation
Efficiency Act (ISTEA). One-third of the nation’s imports enter
through
California, and 60 percent of those goods are transported through
California to other states by truck or train. Efficient,
cost-effective, and nondisruptive freight transportation is essential to
the economy of the United States and congestion relief is essential to
its citizens.
NAFTA
SB 270 (Peace)
STATUS: Two-year bill
POSITION: Support
United Highway Carriers Association fully supports the efforts of
Senator Steve Peace to promote the safe operation of commercial vehicles
that enter the state from Mexico. If passed, SB 270 would require
commercial vehicles that enter California from Mexico be held to the
same standards as any other commercial vehicles that travel within
California. Through SB 270, Senator Peace offers a practical and
equitable solution to a concern voiced by nearly all California trucking
companies who are required to comply with California’s myriad of
costly
trucking regulations and standards.
Fuel Taxes
AB 1269 (Granlund)
STATUS: Signed by Governor
POSITION: Neutral
The California Truck Stop Operators, sponsors of AB 1269, hope to
eliminate the common practice of “tanking up” outside of
California to
save on fuel costs. AB 1269 would assess an 8-cent-per-gallon
surcharge
on diesel fuel purchased out-of-state and consumed in California, and
would also allow an 8-cent-per-gallon rebate on diesel fuel purchased in
California and used out of state. These adjustments to
California’s
diesel fuel taxation would be made on a quarterly basis via the
International Fuel Tax Agreement. All other 47 contiguous states
have
already adopted this same approach.
Refrigerated Trailers
AB 421 (Baugh)
STATUS: Signed by Governor
POSITION: Oppose
This bill would require refrigerated trailers to be classified as mobile
sources and regulated by the State Air Resources Board on a statewide
basis. According to the sponsor, this bill would prevent confusion
concerning whether the trailers are defined as stationary sources when
not being driven (as already determined by the SCAQMD) and to prevent
inconsistent regulation by air quality management districts of vehicles
that are operated in more than one district. The bill would require
the
state board to develop regulations by January 1, 2000, to achieve
reductions in emissions from refrigerated trailers. This bill is
sponsored by the California Retail Air Quality Coalition.
Traffic Control
AB 140 (Baca)
STATUS: Vetoed by Governor
POSITION: Watch
AB 140 would require the Division of Occupational Safety and Health
(DOSH) to establish an advisory committee to study safety standards for
the training of flag persons or other persons who are responsible for
the safe control of moving traffic on public streets or highways during
construction work. The advisory committee will consider the types of
personnel that should be required to complete a training course or
register with the division as a condition of performing those
responsibilities. The advisory committee would also develop
instructional content for training courses and recommendations for the
certification of any organization providing those courses.
The committee will consist of five members: a representative from the
Department of Transportation; the Contractors’ State License Board;
the
California Transportation Commission; the Laborers’ International
Union
of North America; and the California American Traffic Safety Service
Association.
UHCA is monitoring the progress of
AB 140 at the request of the Western
Pilot Car Operators. WPCO firmly believes that a certification
process
should be implemented for pilot car drivers in California, similar to
Utah’s program. Pilot car drivers are required to flag moving
traffic
when their escort breaks down, and currently do so without statewide
standards, certification, or training.
Trucking Deregulation
AB 1518 (Murray)
STATUS: Signed by Governor
POSITION: Support
In response to the federal deregulation, the Legislature enacted AB 1683
last year. As a result of this legislation, statewide jurisdiction
over
registration and licensing, collection and distribution of fees and
insurance was transferred from the Public Utilities Commission (PUC) to
the DMV. The CHP retained safety
oversight and enforcement
responsibilities. Many saw the immense transfer of responsibility as an
opportunity to transform the outdated and complex rules that had
developed over the years under the PUC. AB 1683 enacted many of
these
revisions, but there is still a need to update portions of
California’s
motor carrier policies. AB 1518 is intended to provide the necessary
clarifications and revisions to AB 1683. In its current form, UHCA
supports this cleanup bill.
Air Emmissions
SB 1275 (Haynes)
STATUS: Two-Year Bill
POSITION: Watch
SB 1275 would require the State Air Resources Board, by June 30, 1997,
to implement a heavy-duty vehicle roadside inspection program. SB
1275
authorizes a tax credit on the purchase or lease of smokemeters that
meet the standard recommended by the Society of Automotive Engineers
(SAE J1667). SB 1275 is sponsored (surprise, surprise….) by Cal
Test
Instruments, one of 5 companies worldwide that currently market a
smokemeter that meets the SAE J1667 specifications.
Traffic Enforcement
SB 470 (Rainey)
STATUS: Failed Passage
POSITION: Oppose
UHCA was successful, along with many other groups, in killing SB 470 by
Senator Rainey. SB 470 would have permitted the Alameda County
Sheriff
to assume a primary traffic enforcement role along with the CHP.
UHCA
members believe the CHP is the most highly trained and recognized expert
in enforcement of the California Vehicle Code. SB 470 was a pure and
simple method for the Alameda County Sheriff to increase revenues for
the county by issuing traffic tickets, rather than a showing of concern
for traffic safety. As representatives of California’s trucking
industry, UHCA believes the status quo in
safety enforcement must be maintained.
Independent Contractors
AB 318 (Takasugi)
STATUS: Signed by Governor
POSITION: Support
AB 318 allows the Director of the Employment Development Department
(EDD) to handle disputes that arise out of a misunderstanding of
unemployment tax law as it pertains to independent contractors and
employee status. This bill provides the Director with the authority
to
settle any dispute involving a reduction of tax or penalties and
interest as long as it does not exceed $5,000. This will speed up
the
process and encourage the settlement of these types of disputes.
Employer Fines
AB 1015 (Knox)
STATUS: Awaiting Governor’s Action
POSITION: Oppose
AB 1015 would increase fines up to $1,000,000 and permit a felony
conviction of employers for a willful safety and health violation.
The
current penalty for this type of violation is a fine up to $70,000 and 6
months in jail. Also under AB 1015, if a supervisor or manager fails
to
correct an employees unsafe practice and the employee is killed or
permanently impaired, the manager could be criminally prosecuted and
fined $500,000 and 1 year in jail. This legislation also
contains a
liability provision that creates an indefensible position for property
owners because it makes them responsible for the actions of workers who
are not their employees. UHCA feels this type of legislation, if
signed
into law, would drive many good employers and supervisors from doing
business in California.
Overtime Wages
SB 680 (Solis)
STATUS: Vetoed by Governor
POSITION: Oppose
Governor Wilson recently vetoed this legislation, which was organized
labor’s attempt to rescind the eight-hour overtime reform that was
approved earlier this year by the Industrial Welfare Commission. As
of
January 1, 1988, California will employers will pay their employees
overtime after 40 hours a week, the same as 47 other states in the
nation.
Independent Contractors
AB 810 (Escutia & Shelley)
STATUS: Two-year bill
POSITION: Support
UHCA fully supports the efforts of Assembly Members Escutia and Shelley
to help clarify the definition of independent contractors. AB 810
would
require the Director of the Employment Development Department to convene
a 10-member task force that equally represents labor and small business
interests. The task force will recommend improvements in how EDD
determines whether a person’s relationship with a company is as an
employee or an independent contractor (or sub-hauler in the trucking
industry). For many years, the trucking industry has worked with EDD
to
try and establish clear and concise guidelines for small businesses to
follow for defining independent contractors. This clarification in
law
would be very beneficial to our industry. UHCA
would welcome the
opportunity to work together with labor representatives on the task
force being created by this important legislation. Due to opposition
by
EDD, AB 810 is now a 2-year bill.
DMV on Internet
AB 43 (Murray)
STATUS: Vetoed by Governor
POSITION: Support
Assembly Member Kevin Murray, Chair of the Assembly Transportation
Committee, has introduced legislation that could revolutionize the way
we do business with the Department of Motor Vehicles. AB 43 requires
the DMV to devise and make available
to the public a program for
conducting transactions over the Internet by 1999.
The DMV handles 60 million
transactions each year (26 million vehicle
registrations and 19 million licensed drivers). The Internet is an
integral part of the DMV’s long
range plans, and represents an
alternative to delays commonly attributed to DMV
services. The DMV
web
site has proven to be a very popular
resource, with 357,000 Internet
users visiting the page in one month alone. You can find a link to
the
DMV web site at uhca.com.
Massachusetts Registry of Motor Vehicles became the first state agency
to allow motorists to conduct transactions requiring payment in 1996.
As online banking, airline flight scheduling, and direct mail shopping
have become commonplace on the Internet, it seems inevitable that state
agencies would turn to this medium in order to reduce overhead costs and
increase efficiency.
By requiring the DMV to conduct
transactions over the Internet, this
legislation would encourage technological innovation and response to
public demand. UHCA supports
Kevin Murray’s efforts and is hopeful his
bill will be signed into law, thus allowing the trucking industry a more
accessible and efficient way of doing business with the DMV.
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EMAIL CommentsBack to: Vol. 34. No. 3
Jan., 1998