SENATE BILL REPORT

SB 5215

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by Senate Committee On:

Transportation, February 8, 2011

Title: An act relating to removing the expiration date for exempting applicants who operate commercial motor vehicles for agribusiness purposes from certain commercial driver's license requirements.

Brief Description: Removing the expiration date for exempting applicants who operate commercial motor vehicles for agribusiness purposes from certain commercial driver's license requirements.

Sponsors: Senators Hobbs, Haugen, Schoesler, Hatfield, King and Delvin.

Brief History:

Committee Activity: Transportation: 2/03/11, 2/07/11, 2/08/11 [DPS].

SENATE COMMITTEE ON TRANSPORTATION

Majority Report: That Substitute Senate Bill No. 5215 be substituted therefor, and the substitute bill do pass.

Signed by Senators Haugen, Chair; White, Vice Chair; King, Ranking Minority Member; Fain, Assistant Ranking Minority Member; Delvin, Ericksen, Hill, Hobbs, Litzow, Nelson, Sheldon and Shin.

Staff: Kelly Simpson (786-7403)

Background: Generally, an applicant for a commercial driver's license (CDL) must either complete a course of instruction in the operation of a commercial motor vehicle, or be certified by the applicant's employer as having the skills and training necessary to safely operate a commercial motor vehicle. However, only until July 1, 2011, a CDL applicant who operates a commercial motor vehicle for agribusiness purposes is exempt from both the course of instruction and employer certification requirements. Agribusiness means a private carrier who in the normal course of business primarily transports farm equipment, agricultural inputs, unprocessed agricultural commodities produced by farmers, or any combination of these items.

Summary of Bill (Recommended Substitute): The July 1, 2011, expiration of the agribusiness exemption related to the CDL course of instruction and employer certification requirements is removed. The Department of Licensing must notify the Legislature if the federal government takes action affecting the agribusiness exemption.

EFFECT OF CHANGES MADE BY TRANSPORTATION COMMITTEE (Recommended Substitute): Requires the Department of Licensing to notify the Legislature if the federal government takes action affecting the agribusiness exemption.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: The bill contains an emergency clause and takes effect on July 1, 2011.

Staff Summary of Public Testimony on Original Bill: PRO: The current exemption for agribusiness purposes, enacted in 2009, has served its purpose well and has resulted in no reported accidents since 2009. The course of instruction generally takes four weeks to complete. Unlike most businesses, agribusinesses have a very short time period to amortize expenses related to the instruction courses over a one-year period. Agribusinesses are subject to all other commercial driver's license requirements, including taking both the written and driving exams.

Persons Testifying: PRO: Senator Hobbs, prime sponsor; Tom McBride, Far West Agribusiness Assn.