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HB 189 (BR 1020) - M. Weaver, H. Collins
AN ACT relating to protecting the public safety when licensing operators of commercial motor vehicles and declaring an emergency.
Amend KRS 281A.010 to amend the definition of "resident" to mean a person who has established Kentucky as his or her place of domicile; create a new section of KRS Chapter 281A to require all new applicants and persons initially renewing a commercial drivers license to undergo a state and national criminal history background check of state and federal wanted or "hot file" records; create a new section of KRS Chapter 281A to allow a person who is not a resident of Kentucky to be issued a CDL instruction permit and CDL if the person is enrolled in a truck driving program offered by the Kentucky Community and Technical College System (KCTCS) or a proprietary school licensed under KRS Chapter 165A; amend KRS 281A.120 to provide that nonresidents are to be issued a provisional Class D license for the purpose of including a CDL instruction permit into a single license and establish rules governing the issuance of a provisional Class D license; amend KRS 281A.160 to lengthen the time a person must hold an instruction permit before testing for a CDL from 10 days to 20 days; require the Kentucky State Police to determine the entity to conduct a skills test if the applicant offers a program in truck driving through KCTCS or a proprietary school licensed under KRS Chapter 165A; require the State Police to establish procedures to ensure an "arms-length" relationship between third-party skills testers and owner, officers, or employees of a truck driving program; create a new section of KRS Chapter 281A to require a person initially renewing or adding an endorsement to a CDL after September 30, 2002, to apply for renewal 30 days prior to expiration of the license to ensure that a criminal history background check is completed prior to the expiration date; amend KRS 281A.130, 281A.140, 281A.150, 281A.170, and 281A.180 to conform; repeal KRS 281A.200; EMERGENCY.
HB 189 - AMENDMENTS
HCS (1) - Retain provisions of original bill except: delete the reference to "foreign jurisdiction" in the definition of "driver's license," delete the definition of the word "foreign," expand proof of residency to include a deed or utility agreement, and delete the provision relating to "in the absence of proof of residency"; require results of criminal background checks to be sent to the Transportation Cabinet for review within 72 hours and, if background check results cannot be sent to the Transportation Cabinet within 72 hours, allow a person to continue enrollment in a CDL driver training school with the status of CDL instruction permit or CDL pending until background check results are available to the Transportation Cabinet for review; provide that persons who have lost their CDL or had their CDL destroyed and who are applying for a first duplicate within the time period for which the original CDL was issued must provide the circuit clerk in the county of residence proof of identity as well as a notarized affidavit affixed with a raised seal documenting why a duplicate CDL is needed and provide that persons who are applying for a second or subsequent duplicate within the time period for which the original CDL was issued must apply to the Transportation Cabinet, and not the circuit clerk, and provide proof of identity as well as a notarized affidavit affixed with a raised seal documenting why another duplicate is needed; set the fees for duplicate CDLs so that the fee for the first duplicate is raised from $10 to $40, and the fee for a second or subsequent duplicate within the time period the original license was issued shall be $60; delete the twenty (20) day requirement and reinstate existing language and law requiring applicants for CDLs to wait at least ten (10) days between applying for a CDL and taking the skills test for the CDL; add a new restriction on the CDL for persons who completed their skills test in a commercial motor vehicle equipped with automatic transmission and require the person to complete an additional skills test in a commercial vehicle equipped with a manual transmission if the person desires to have the automatic transmission restriction removed from the CDL; make technical corrections.
HCS (2) - Retain provisions of the original bill with the following exceptions: delete the reference to "foreign jurisdiction" in the definition of "driver's license," delete the definition of the word "foreign," expand proof of residency to include a deed or utility agreement, and delete the provision relating to "in the absence of proof of residency"; require results of criminal background checks to be sent to the Transportation Cabinet for review within 72 hours and, if background check results cannot be sent to the Transportation Cabinet within 72 hours, allow a person to continue enrollment in a CDL driver training school with the status of CDL instruction permit or CDL pending until background check results are available to the Transportation Cabinet for review; delete the requirement that a person must be a U.S. citizen to apply for a CDL; provide that persons who have lost their CDL or had their CDL destroyed and who are applying for a first duplicate within the time period for which the original CDL was issued must provide the circuit clerk in the county of residence proof of identity as well as a notarized affidavit affixed with a raised seal documenting why a duplicate CDL is needed and provide that persons who are applying for a second or subsequent duplicate within the time period for which the original CDL was issued must apply to the Transportation Cabinet, and not the circuit clerk, and provide proof of identity as well as a notarized affidavit affixed with a raised seal documenting why another duplicate is needed; set the fees for duplicate CDLs so that the fee for the first duplicate is raised from $10 to $40, and the fee for a second or subsequent duplicate within the time period the original license was issued shall be $60; delete the twenty (20) day requirement and reinstate existing language and law requiring applicants for CDLs to wait at least ten (10) days between applying for a CDL and taking the skills test for the CDL; add a new restriction on the CDL for persons who completed their skills test in a commercial motor vehicle equipped with automatic transmission and require the person to complete an additional skills test in a commercial vehicle equipped with a manual transmission if the person desires to have the automatic transmission restriction removed from the CDL; make technical corrections.
HFA (1, J. Vincent) - Amend Section 2 of the bill to require the Transportation Cabinet to promulgate an administrative regulation to specify conditions that will cause a person to be denied a CDL instruction permit or CDL based upon the person's criminal history background check.
HFA (2, M. Weaver) - Amend Section 2 to clarify that a person may be issued a CDL instruction permit upon enrollment in a driver training school and will not have to wait until the results of the background check are available, but provide that the status of the person retaining the CDL instruction permit shall not be determined until the background check is made available to the Transportation Cabinet; amend Section 8 to provide that a person shall not be charged more than one fee if the person fails a CDL skills test and must retake the examination; amend Section 7 to conform.
SFA (1, T. Buford) - Amend Section 11 of the GA Copy to provide that a person who is initially renewing a CDL or adding an endorsement after September 30, 2002, shall not have to renew early if the person has undergone a background check within the past ninety days.
SFA (2, T. Buford) - Amend Section 8 of the GA copy to provide that a third party examiner may charge a fee for administering the CDL skills test but the fee cannot exceed $100.
SFA (3, T. Buford) - Amend Section 8 of the GA Copy to delete the provisions relating to third party examiners to provide that the Kentucky State Police shall authorize the Kentucky Community and Technical College System to conduct the required skills test.
SFA (4, K. Stine) - Amend Section 2 to clarify that the background check required when applying for a CDL shall consist of a wanted or "hot file" record check conducted by the Kentucky State Police, and a review to determine if the applicant has committed a serious traffic violation, as defined in KRS 281A.010, while operating a commercial motor vehicle.
(Prefiled by the sponsor(s))
Jan 8-introduced in House; to Seniors, Military Affairs and Public Safety (H)
Jan 17-posted in committee
Jan 25-reported favorably, 1st reading, to Calendar with Committee Substitute
Jan 28-2nd reading, to Rules; recommitted to Transportation (H)
Feb 5-posted in committee
Feb 7-reported favorably, to Rules with Committee Substitute (2)
Feb 8-posted for passage in the Regular Orders of the Day for Monday, February 11, 2002; floor amendment (1) filed to Committee Substitute (2)
Feb 14-floor amendment (2) filed to Committee Substitute (2)
Feb 15-3rd reading, passed 81-0 with Committee Substitute (2), floor amendments (1) and (2)
Feb 19-received in Senate
Feb 21-to Transportation (S)
Feb 28-reassigned to Veterans, Military Affairs, & Public Protection (S)
Mar 11-reported favorably, 1st reading, to Calendar
Mar 12-2nd reading, to Rules
Mar 13-floor amendments (1) (2) and (3) filed
Mar 14-floor amendment (4) filed
Mar 15-recommitted to Appropriations and Revenue (S)
Mar 27-taken from committee; to Rules (S); posted for passage in the Regular Orders of the Day for Wednesday, March 27, 2002
Mar 28-3rd reading; floor amendments (1) (3) and (4) withdrawn ; floor amendment (2) rejected ; passed 33-3
Mar 29-received in House; enrolled, signed by each presiding officer; delivered to Governor
Apr 5-signed by Governor (Acts ch. 204)
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