SESSION OF 2024
SUPPLEMENTAL NOTE ON SENATE BILL NO. 462
As Amended by House Committee on
Transportation
Brief*
SB 462, as amended, would grant certain authority to
the Director of Vehicles (Director) of the Division of Vehicles
(Division), Kansas Department of Revenue (KDOR),
regarding the Military Even Exchange Program for
commercial driver’s licenses (Program) and the Federal
Motor Carrier Safety Administration’s Drug and Alcohol
Clearinghouse Program (Clearinghouse).
Military Even Exchange Program for Commercial Driver’s
Licenses
The bill would authorize the Director to waive the
knowledge and skills test for driving a commercial motor
vehicle (CMV) for an applicant who qualifies for a waiver
under the Program.
[Note: Under the Program, an individual qualifies for an
exemption from the knowledge test if the individual:
●Is currently licensed;
●Has been employed within the previous 12 months
in a military position requiring operation of a
military vehicle equivalent to a CMV; and
●Has submitted a completed application for military
skills test waiver.]
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org The bill would remove rule and regulation authority of
the Secretary of Revenue regarding CMV skills tests
administered by community and technical colleges. [Note: No
rules and regulations have been promulgated under this
authority.]
Drug and Alcohol Clearinghouse
The bill would authorize the Director to adopt rules and
regulations necessary to participate in and implement the
Clearinghouse.
The bill would require the Director to:
●Query the Clearinghouse prior to issuing or
renewing a commercial driver’s license (CDL) or
instruction permit;
●Review the commercial driver’s information when
notified by the Clearinghouse of a status change
for that driver; and
●Disqualify a driver’s commercial driving privileges
within 60 days of receiving notice from the
Clearinghouse that a driver is in violation of or non-
compliant with Clearinghouse requirements.
The bill would require a disqualification of commercial
driving privileges to be removed upon notification from the
Clearinghouse that the driver:
●Is no longer in violation or non-compliance; or
●Was erroneously identified as in violation of or non-
compliant with Clearinghouse requirements. In this
case, the bill would require the disqualification to
be removed as expeditiously as possible.
The bill would add these provisions to the Kansas
Uniform Commercial Drivers’ License Act.
2- 462 Background
The House Committee on Transportation amended the
bill to include provisions of SB 462 and HB 2682.
SB 462 (Military Even Exchange Program for Commercial
Driver’s Licenses)
The bill was introduced by the Senate Committee on
Transportation at the request of a representative of KDOR.
[Note: A companion bill, HB 2679, has been introduced
in the House.]
Senate Committee on Transportation
In the Senate Committee hearing, proponent testimony
was provided by a representative of KDOR, stating that the
Division already accepts Program applicants and this
legislation would codify a Division practice and would help
increase the pool of qualified commercial drivers’ license
holders.
Written-only proponent testimony was provided by a
representative of the Kansas Motor Carriers Association.
No other testimony was provided.
House Committee on Transportation
In the House Committee hearing, written-only proponent
testimony was provided by representatives of KDOR and the
Kansas Motor Carriers Association that was substantially
similar to the testimony provided to the Senate Committee on
Transportation.
No other testimony was provided.
3- 462 The House Committee amended the bill by adding the
contents of HB 2682.
HB 2682 (Drug and Alcohol Clearinghouse)
The bill was introduced by the House Committee on
Transportation at the request of a KDOR representative.
House Committee on Transportation
In the House Committee hearing, a KDOR
representative provided proponent testimony, who stated the
bill would ensure the State is compliant with federal motor
carrier regulations and explained the Clearinghouse is an
online database that gives employers, state driver license
agencies, and state law enforcement personnel real-time
information about commercial drivers’ drug and alcohol
program violations.
Written-only proponent testimony was provided by a
representative of the Kansas Motor Carriers Association,
stating the Clearinghouse keeps drivers with drug or alcohol
events off the roadways.
No other testimony was provided.
[Note: The final rule establishing standards for state
driver’s license agencies became final on November 8, 2021,
and established a deadline of November 18, 2024, for state
participation in the Clearinghouse (86 FR 55718). The
Federal Motor Carrier Safety Administration noted the
purpose of the final rule was to ensure driving privileges are
removed from CDL and commercial learner’s permit holders
with drug and alcohol violations and that information is
available to law enforcement. The requirement for the
Clearinghouse was established in 2012 with enactment of the
Moving Ahead for Progress in the 21st Century Act. A driver
may be reinstated by completing a “return to duty” process
established in federal law.]
4- 462 Senate Committee on Transportation
In the Senate Committee hearing, proponent testimony
was provided by representatives of KDOR and the Kansas
Department of Transportation (KDOT). Written-only
proponent testimony was provided by a representative of the
Kansas Motor Carriers Association. Proponent testimony was
substantially similar to that provided in the House Committee
hearing.
No other testimony was provided.
Fiscal Information
SB 462 (Military Even Exchange Program for Commercial
Driver’s Licenses)
According to the fiscal note prepared by the Division of
the Budget on the bill, KDOR and KDOT indicate enactment
of the bill would not have a fiscal effect on agency operations.
HB 2682 (Drug and Alcohol Clearinghouse)
According to the fiscal note provided by the Division of
the Budget on HB 2682, KDOR indicates failure to adopt the
Clearinghouse program could result in a 5.0 percent
reduction in annual Federal Highway Fund allocations, an
estimated $19.0 million for FY 2025. Those reductions could
continue or increase in future fiscal years.
KDOT indicates a reduction in Federal Highway Fund
allocations would reduce revenues to the State Highway
Fund and could require the agency to reassess expenditures
for the Eisenhower Legacy Transportation.
Any fiscal effect associated with enactment of the bill is
not reflected in The FY 2025 Governor’s Budget Report.
Kansas Department of Transportation; Kansas Uniform Commercial Drivers' License
Act; commercial drivers' license; testing requirements; Federal Motor Carrier Safety
Administration; drug and alcohol clearinghouse; rules and regulations
5- 462