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AN ACT relating to driver licensing and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 165A.310 is amended to read as follows: 3
As used in this chapter: 4
(1) "Agent" means any person employed by a proprietary school to act as agent, 5
solicitor, broker, or independent contractor to procure students for the school by 6
solicitation of enrollment in any form made at any place other than the main office 7
or principal place of business of the school; 8
(2) "CDL" means a commercial driver's license as defined in KRS 281A.010; 9
(3) "CDL driver training" means a course of study that complies with the provisions of 10
KRS 332.095 governing the instruction of persons in the operation of commercial 11
motor vehicles; 12
(4) "CDL driver training school" means any person, firm, partnership, association, 13
educational institution, establishment, agency, organization, or corporation, with the 14
exception of an entry-level driver training provider, that offers CDL driver training 15
to persons desiring to obtain a Kentucky CDL in order to operate a commercial 16
motor vehicle and for which a fee or tuition is charged; 17
(5) "Commercial motor vehicle" has the same meaning as in KRS 281A.010; 18
(6) "Commission" means the Kentucky Commission on Proprietary Education; 19
(7) "Entry-level driver training" means a federally mandated course of instruction 20
for new CDL applicants as outlined in 49 C.F.R. secs. 380.600 to 380.609; 21
(8) "Entry-level driver training provider" means an entity that is certified by the 22
Federal Motor Carrier Safety Administration as a training provider under 49 23
C.F.R. secs. 380.700 to 380.725 that is limited solely to providing entry-level 24
driver training; 25
(9) "Formal complaint" means a written statement filed on a form specified by the 26
commission in which the complainant alleges that a school has violated a Kentucky 27 UNOFFICIAL COPY 22 RS HB 693/GA
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statute or administrative regulation and has negatively impacted the complainant, 1
and resolution is requested by the commission; 2
(10)[(8)] "License" means authorization issued by the commission to operate or to 3
contract to operate a proprietary school in Kentucky as described in this chapter and 4
does not reflect accreditation, supervision, endorsement, or recommendation by the 5
commission; 6
(11)[(9)] "Person" means an individual, corporation, business trust, estate, partnership, 7
unincorporated association, two (2) or more of any of the foregoing having a joint 8
or common interest, or any other legal or commercial entity; 9
(12)[(10)] "Proprietary school" or "school" means a privately owned educational 10
institution, establishment, agency, organization, or person maintained on either a 11
for-profit or not-for-profit basis, offering or administering a plan, course, or 12
program of instruction in business, trade, technical, industrial, or related areas for 13
which a fee or tuition is charged whether conducted in person, by mail, or by any 14
other method, and does not include: 15
(a) A school or educational institution supported entirely or partly by taxation 16
from either a local or state source; 17
(b) A parochial, denominational, or eleemosynary school or institution; 18
(c) A training program which offers instruction for payment by participants 19
primarily in pursuit of a hobby, recreation, or entertainment, and does not 20
result in the granting of postsecondary credits nor lead to an industry-21
recognized credential, academic certificate, or degree; 22
(d) A course or courses of instruction or study sponsored by an employer for the 23
training and preparation of its own employees for the benefit of the employer 24
and without charge to the employee; or 25
(e) A school or educational institution licensed or approved by or a course or 26
courses of study or instruction sponsored by the Kentucky Board of Barbering 27 UNOFFICIAL COPY 22 RS HB 693/GA
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established by KRS 317.430, the Kentucky Board of Cosmetology established 1
by KRS 317A.030, the Kentucky Board of Nursing established by KRS 2
314.121, the Kentucky Board of Embalmers and Funeral Directors established 3
by KRS 316.170, or the Kentucky Council on Postsecondary Education 4
established by KRS 164.011; 5
(13)[(11)] "Resident" means any person who has established Kentucky as his or her state 6
of domicile. Proof of residency shall include but not be limited to a deed or property 7
tax bill, utility agreement or utility bill, or rental housing agreement; 8
(14)[(12)] "School year" is beginning the first day of July and ending the thirtieth day of 9
June next following, except when approval shall be suspended or canceled pursuant 10
to KRS 165A.350; and 11
(15)[(13)] "Statement of quality assurance" means a statement required by the 12
commission from a non-degree granting institution, in a form and manner 13
determined by the commission, that attests to the institution meeting the minimum 14
standards required for receiving and maintaining a license. 15
Section 2. KRS 165A.460 is amended to read as follows: 16
(1) Except as provided in subsection (2) of this section, all proprietary schools located 17
or doing business in this state that offer CDL driver training shall be governed by 18
the provisions of this chapter, except for matters governing: 19
(a)[(1)] The curriculum, which shall be established by the commission in 20
consultation with the Department of Kentucky State Police and the Kentucky 21
Community and Technical College System; and 22
(b)[(2)] The inspection of CDL driver training school facilities, which shall be 23
under the authority of the Department of Kentucky State Police pursuant to 24
KRS 165A.475 and 332.095. 25
(2) Entry-level driver training providers are exempt from the provisions of this 26
chapter and shall instead comply with the requirements set forth in 49 C.F.R. 27 UNOFFICIAL COPY 22 RS HB 693/GA
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secs. 380.600 to 380.609 and 380.700 to 380.725. 1
Section 3. KRS 281A.160 is amended to read as follows: 2
(1) (a) Except as provided in subsection (4) of this section, the State Police shall be 3
responsible for administering both the knowledge and skills test required by 4
KRS 281A.130. 5
(b) Applicants who fail the written knowledge test shall be permitted to retake the 6
written test on the next day the tests are administered. Applicants who fail the 7
written test six (6) times shall be required to wait three (3) days before taking 8
the knowledge test again. Applicants who subsequently fail the written test 9
three (3) additional times shall be required to wait three (3) days prior to 10
retaking the test. 11
(2) (a) Except as provided for in subsection (3) of this section, at the time a CDL 12
permit is issued: 13
1. An applicant who has held a Kentucky operator's license for thirty (30) 14
days or longer shall pay a skills-testing fee of fifty dollars ($50); and 15
2. An applicant who has held a Kentucky operator's license for less than 16
thirty (30) days shall pay a skills-testing fee of one hundred fifty dollars 17
($150). 18
(b) There is created within the State Treasury a trust fund to be known as the State 19
Police CDL skills-testing fund. The fund shall be administered by the State 20
Police and shall receive all skills-testing and retesting fees collected under 21
subsections (2)(a) and (6)(e) of this section, in addition to any grants, gifts, or 22
appropriations of state or federal moneys and any interest earned on moneys in 23
the fund. Moneys in the fund shall not lapse and shall be carried forward to 24
the next succeeding fiscal year. The State Police CDL skills-testing fund shall 25
be used by the State Police to contract with and train civilian CDL skills 26
examiners and to improve the logistics of the CDL skills-testing process. 27 UNOFFICIAL COPY 22 RS HB 693/GA
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(c) The State Police, upon request of an applicant who has passed both the vision 1
and knowledge tests, may schedule the applicant for the skills test at the first 2
available test date at a test site designated by the State Police but not less than 3
fourteen (14) days after the applicant has filed the application and been issued 4
a CDL permit. Except in extenuating circumstances, a retest for a failed 5
portion of the skills test shall be given within three (3) days of a request of a 6
retest. 7
(d) An applicant shall provide a class representative commercial vehicle, for the 8
class of CDL for which the applicant is testing, in which to take the skills test. 9
Unless the State Police grant an exemption at the time the application for 10
testing is made, the vehicle supplied under this paragraph shall be unloaded. 11
Upon arrival for the skills test, the applicant shall have in his or her possession 12
a valid Kentucky operator's license and a valid CDL permit. A CDL-licensed 13
driver who is at least twenty-one (21) years old shall accompany the applicant 14
at all times the applicant is in operation of a commercial vehicle. 15
(3) A testing fee shall not be charged to: 16
(a) An individual applying for a CDL with an "S" endorsement as defined in KRS 17
281A.170; or 18
(b) Military personnel applying for a CDL under KRS 281A.165. 19
(4) The State Police may authorize a third party to administer the skills test specified by 20
this section if: 21
(a) The test is the same that would otherwise be administered by the state; and 22
(b) The third party has entered into an agreement with this Commonwealth which 23
complies with requirements of Title 49, Code of Federal Regulations, Part 24
383.75, as adopted by the Transportation Cabinet. 25
(5) The State Police shall promulgate administrative regulations under KRS Chapter 26
13A that establish procedures that ensure an arm's-length relationship is maintained 27 UNOFFICIAL COPY 22 RS HB 693/GA
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between a third-party tester and any owner, officer, or employee of any program 1
offering commercial truck driving under the Kentucky Community and Technical 2
College System or a proprietary school licensed under KRS Chapter 165A. 3
(6) (a) Applicants shall be permitted to take the skills test for a particular class 4
vehicle an unlimited number of times; however, an applicant shall not retest 5
more than one (1) time in any twenty-four (24) hour period. 6
(b) The skills test shall consist of three (3) separate portions: pre-trip inspection, 7
basic maneuvering, and road skills. An applicant must achieve a score of at 8
least eighty percent (80%) on each portion of the skills test before a CDL may 9
be issued to the applicant. An applicant who passes one (1) or more portions 10
of the skills test but does not pass all portions of the skills test shall retest only 11
on those portions of the skills test the applicant failed. 12
(c) An applicant who fails any portion of the skills test four (4) times shall be 13
notified by the State Police that the applicant is required to wait one (1) week 14
before retaking a portion of this skills test again. 15
(d) Failure of an applicant to notify the State Police at least forty-eight (48) hours 16
prior to missing an appointment for a skills test, or provide a written medical 17
excuse from a licensed physician, advanced registered nurse practitioner, or 18
physician's assistant, shall be considered a failure, on all parts of the skills test 19
scheduled to be given, for the purposes of determining number of failures, 20
waiting periods, and retesting fees under paragraphs (c) and (e) of this 21
subsection for individual applicants. The fees for a missed appointment failure 22
shall be forfeited and retained in the State Police CDL skills-testing fund 23
established under this section. If the forty-eight (48) hour notice or medical 24
excuse is given, the fee shall be applied to the rescheduled test. A missed 25
appointment failure under this paragraph shall not be reported as a failure to 26
the board. 27 UNOFFICIAL COPY 22 RS HB 693/GA
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(e) Except as provided for in paragraph (d) of this subsection, at the time of 1
application for a retest under this subsection, the applicant shall pay a retesting 2
fee of fifty dollars ($50). 3
(7) (a) An applicant who seeks reinstatement of a commercial driver's license after a 4
suspension, withdrawal, revocation, or disqualification of less than one (1) 5
year shall pay the reinstatement fee as prescribed by KRS 281A.150(7) and 6
shall receive his or her commercial driver's license with all endorsement and 7
restrictions that were in effect at the time of suspension. An applicant who 8
seeks reinstatement of a commercial driver's license after a suspension, 9
withdrawal, revocation, or disqualification of one (1) year or more shall 10
submit to the skills, knowledge, and vision tests. 11
(b) Subject to paragraphs (c) and (d) of this subsection, a person who possessed 12
a Kentucky commercial driver's license that has expired for a period of less 13
than five (5) years and was not subject to suspension, withdrawal, 14
revocation, or disqualification for any reason at the time of expiration may 15
have that license reinstated, with all endorsements, without submitting to 16
the skills and knowledge tests by applying to the cabinet for renewal. Upon 17
submission of medical certification, driver self-certifications required under 18
KRS 281A.140(1)(f), successful completion of any necessary criminal 19
background check, and review of the person's driving history record, the 20
cabinet shall issue a renewal CDL, with all endorsements, to an applicant 21
under this paragraph. 22
(c) A person who otherwise meets the requirements of paragraph (b) of this 23
subsection whose CDL was subject to suspension or revocation solely for 24
failure to provide medical certification may apply for renewal of a CDL 25
under paragraph (b) of this subsection. 26
(d) If the CDL held by a person who otherwise meets the requirements of 27 UNOFFICIAL COPY 22 RS HB 693/GA
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paragraph (b) of this subsection carried a hazardous materials 1
endorsement, and the applicant wishes to retain that endorsement, he or she 2
shall complete any examinations required for a hazardous materials 3
endorsement renewal in KRS 281A.180(2) prior to renewing the CDL under 4
paragraph (b) of this subsection. 5
(8) (a) The commissioner of the Department of Kentucky State Police shall 6
promulgate administrative regulations pursuant to the provisions of KRS 7
Chapter 13A to implement the provisions of this section. 8
(b) The State Police shall promulgate administrative regulations under KRS 9
Chapter 13A to set forth the qualifications for contract examiners retained 10
under subsection (2)(b) of this section. 11
Section 4. KRS 186.635 is amended to read as follows: 12
(1) The following persons shall be required to successfully complete the examinations 13
required under KRS 186.480 prior to being issued a Kentucky operator's license: 14
(a)[(1)] A person who has been issued a Kentucky instruction permit or 15
intermediate license; 16
(b)[(2)] A person who has applied for a Kentucky operator's license under KRS 17
186.412 or 186.4121; and 18
(c)[(3)] Other persons as identified in an administrative regulation promulgated 19
by the Department of Kentucky State Police or the Transportation Cabinet 20
under KRS Chapter 13A. 21
(2) A person who possessed a Kentucky operator's license that has expired for a 22
period of less than five (5) years and was not subject to suspension, withdrawal, 23
revocation, or disqualification at the time of expiration may have that license 24
reinstated without submitting to the examinations required under KRS 186.480 25
by applying to the cabinet for renewal. Upon submission of any vision testing 26
required under KRS 186.577 and review of the person's driving history record, 27 UNOFFICIAL COPY 22 RS HB 693/GA
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the cabinet shall issue a renewal operator's license to an applicant under this 1
subsection. 2
Section 5. Whereas recently enacted federal requirements for entry-level driver 3
training have exacerbated already existing shortages of qualified commercial vehicle 4
operators, and whereas facilitating the renewal of recently expired CDLs in good standing 5
will help increase the number of commercial truck drivers on the highway during an 6
unprecedented backlog in our nation's supply chain, an emergency is declared to exist, 7
and this Act takes effect upon its passage and approval by the Governor or upon its 8
otherwise becoming a law. 9