04RS HB495

HB495

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HB 495 (BR 1634) - Ji. Lee

     AN ACT relating to commercial drivers.
     Amend KRS 281A.190, relating to reasons a commercial driver's license (CDL) may be suspended or revoked, to prohibit a person's CDL from being suspended or revoked due to a failure of his or her employer to pay applicable license fees, registration fees, or taxes on a commercial motor vehicle.

HB 495 - AMENDMENTS


     HCS - Delete the provisions of the original bill and insert in lieu thereof a new Section 1 to create a new section of KRS Chapter 281 to require motor vehicle enforcement officers to impound any commercial motor vehicle that has improper or invalid registration, no registration, or outstanding taxes due on the vehicle; add a new Section 2 to amend KRS 186.570 to limit the Transportation Cabinet's discretionary authority to suspend a driver's license to moving traffic violations.

     HCA (1/Title, H. Collins) - Make title amendment.

     HFA (1, J. Lee) - Retain the provisions of the committee substitute with the following change: In subsection (2) of Section 1 delete the reference to an "out-of-service notice" and insert in lieu thereof a reference to a "cease operations order."

     SCS/LM - Delete existing Section 1 in its entirety and replace with a new Section allowing a motor carrier to avoid impoundment if the motor carrier resolves the citation; allow impoundment for second offense; and exempt vehicles carrying perishable goods from impoundment; specify in Section 2 that a driver shall not be subject to arrest or license suspension based on an employer's failure to pay taxes and registration fees.

     SFA (1, R. Jones II) - Add a new section 1 to create a new section of KRS Chapter 281, to specify that the registered owner or lessee of a commercial motor vehicle is responsible for payment of registration fees and ad valorem taxes; specify that the registered owner or lessee is the entity subject to citation if a commercial motor vehicle is operated on a highway with improper, invalid, or non-existent registration or with unpaid taxes; clarify that a driver shall not be subject to arrest or license suspension for a citation issued to an owner or lessee for a registration or taxation violation.

     SFA (2, J. Denton) - Amend to insert provision amending KRS 431.015 to allow a peace officer to issue upon probable cause a citation for driving without a license or driving on a suspended license.

     Feb 12-introduced in House
     Feb 13-to Transportation (H)
     Feb 17-posted in committee
     Feb 26-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
     Feb 27-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Monday, March 1, 2004; floor amendment (1) filed to Committee Substitute
     Mar 4-3rd reading, passed 56-35 with Committee Substitute, committee amendment (1-title), floor amendment (1)
     Mar 5-received in Senate
     Mar 10-to Transportation (S)
     Mar 17-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 18-2nd reading, to Rules
     Mar 19-posted for passage in the Regular Orders of the Day for Monday, March 22, 2004; floor amendment (1) filed to Committee Substitute
     Mar 22-passed over and retained in the Orders of the Day
     Mar 23-passed over and retained in the Orders of the Day; floor amendment (2) filed to Committee Substitute
     Mar 24-taken from the Regular Orders of the Day; returned to Transportation (S)


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