02RS HB190

HB190

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HB 190 (BR 1094) - M. Weaver, H. Collins

     AN ACT relating to protecting the public safety involving commercial driver training and declaring an emergency.
     Amend KRS 165A.310 to define terms relating to commmercial driver licenses and commercial driver training schools; create various new sections of KRS Chapter 165A to require all persons applying for a license to operate a CDL driver training school, and all persons applying to be a CDL driver training instructor, to undergo a criminal history background check; authorize the State Board for Proprietary Education to specify the offenses and conditions under which an application shall be denied based upon a criminal history background check; create a new section of KRS Chapter 332 to require all CDL schools to offer a 160 hour curriculum approved by the Kentucky Sate Police; repeal, reenact, and amend all sections of KRS Chapter 332, except for KRS 332.010, as new sections of KRS Chapter 165A; amend KRS 332.020 to prohibit certain persons from being associated with a CDL driver training school and to require all CDL schools to own or lease at least one commercial motor vehicle; amend KRS 332.100 to specify the issues for which the board must promulgate regulations to regulate CDL schools; provide that all current CDL driver training schools and instructors must comply with the provisions of this act prior to the their license being renewed in 2002; amend KRS 332.030, 332.040, 332.050, 332.060, 332.070, 332.080, 332.090, 332.110, and 332.990 to conform; repeal KRS 332.010; EMERGENCY

HB 190 - AMENDMENTS


     HCS (1) - Retain provisions of original bill except expand to include a deed or utility agreement as proof of residency; delete provision relating to the absence of proof of residency; add provision that background check results be provided to the board within 72 hours; require applications to be put on hold until results are available if background check results are not reported within 72 hours; require each commercial driver training school to use the curriculum approved by the Justice Cabinet; add a new subsection 2 to allow the schools to provide the required 160 hour curriculum in a manner that best utilizes time, staff, and equipment of the school; provide that CDL refresher courses only be offered to residents of Kentucky who have 1 year or more of verifiable experience operating a commercial motor vehicle; delete Section 4 subsection (3) and (4) and replace with text establishing ratios for students to teacher sin the classroom and during off-the-road training and on-the-road training; provide that student records of CDL driver training schools must be maintained in the same manner KCTCS maintains student records under KRS Chapter 171; other minor technical corrections.

     HCS (2) - Retain provisions of the original bill with the following exceptions: expand the definition of residency to include a deed or utility agreement as proof of residency; delete provision relating to the absence of proof of residency; add provision that background check results must be provided to the board within 72 hours; require applications to be put on hold until results are available if background check results are not reported within 72 hours; require each commercial driver training school to use the curriculum approved by the board in consultation with the State Police and the Kentucky Community and Technical College System; require schools to teach a minimum 160 hour course; require school to do an evaluation of each student and tailor their hours of instruction based upon a skill level of beginner, intermediate, or advanced; allow schools to provide the required 160 hour curriculum in a manner that best utilizes time, staff, and equipment of the school; provide that CDL refresher courses only be offered to residents of Kentucky who have 1 year or more of verifiable experience operating a commercial motor vehicle; establish new ratios for students to teachers when offering classroom instruction, off-the-road training, and on-the-road training; provide that student records of CDL driver training schools must be maintained in the same manner KCTCS maintains student records under KRS Chapter 171; other minor technical corrections.

     SCA (1, D. Karem) - Delete evidence of rehabilitation after a criminal conviction and opinions of community members concerning the applicant from items considered in determining whether an applicant for a commercial driver's license driver training instructor is of good moral character.

     SFA (2, K. Stine) - Amend Section 3 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.

     SFA (3, D. Seum) - Add new Sections 16 and 17 to require the Transportation Cabinet to report annually to the LRC on the Motorcycle Safety Education Fund; expand the information that must be included in the report; prohibit the Transportation Cabinet from using any money from the Motorcycle Safety Education Fund for administrative costs; require the Transportation Cabinet to report monthly to the Appropriations and Revenue committee regarding the Motorcycle Safety Education Fund; renumber remaining sections accordingly.

     (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
     Feb 15-3rd reading, passed 84-0 with Committee Substitute (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 with committee amendment (1)
     Mar 12-2nd reading, to Rules
     Mar 14-floor amendment (2) filed
     Mar 15-recommitted to Appropriations and Revenue (S)
     Mar 22-floor amendment (3) filed
     Mar 27-posted for passage in the Regular Orders of the Day for Wednesday, March 27, 2002
     Mar 28-3rd reading; floor amendment (2) withdrawn ; passed 36-0 with committee amendment (1), floor amendment (3)
     Mar 29-received in House; posted for passage for concurrence in Senate committee amendment (1), floor amendment (3)
     Apr 1-House concurred in Senate committee amendment (1), floor amendment (3) ; passed 96-0
     Apr 2-received in House; enrolled, signed by each presiding officer; delivered to Governor
     Apr 9-signed by Governor (Acts ch. 280)


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