SESSION OF 2022
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2377
As Further Amended by Senate Committee on
Judiciary

Brief*
HB 2377, as further amended, would create and amend
law related to driving under the influence (DUI) and driving a
commercial motor vehicle under the influence (commercial
DUI). The bill also would make additional amendments
regarding diversions and commercial driver’s licenses
(CDLs).

Ignition Interlock
The bill would create and amend law related to ignition
interlock devices (IID), restrictions, and costs.
Reinstatement of Driver’s License (Section 1)
The bill would create law allowing a person whose
license is restricted to operating only a vehicle with an IID and
who meets the conditions detailed below to request
reinstatement of the person’s driver’s license by submitting a
request to the Division of Vehicles (Division) in a form and
manner prescribed by the Division. The Division would be
required to approve such request if all of the following
conditions are met:
● The person’s IID restriction period has been
extended at least five years, not including any
period of incarceration, beyond the initial IID period
required by law due to the person’s failure to
____________________
*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
 provide the Division with proof of completion of the
IID program;
● During the person’s IID restriction period and any
extension, the person has not had an alcohol or
drug-related conviction or occurrence and has not
been convicted of an IID circumvention offense in
Kansas or any other jurisdiction;
● During the person’s IID restriction period and any
extension, the person has not been convicted of
transportation of liquor in opened containers,
purchase or consumption of alcohol by a minor,
any offense listed in the statute defining a “habitual
violator,” or two or more moving traffic violations
committed on separate occasions; and the
person’s driving privileges have not been revoked,
suspended, canceled, or withdrawn due to another
action by the Division or a court; and
● At the time of submitting the request, the person
does not have any pending charges or proceedings
involving any of the above violations.
Transfer of Ignition Interlock Oversight (Sections 3, 7, 8, and
9)
The bill would transfer oversight of state certification of
IID manufacturers and service providers from the Kansas
Department of Revenue (KDOR) to the Kansas Highway
Patrol (KHP).
The bill would transfer:
● Provisions regarding use of state moneys credited
to the DUI-IID Designation Fund from a $10 fee
paid for a driver’s license with ignition interlock
designation) to fund administration and oversight of
state-certified IID manufacturers and their service
providers;
2- 2377
 ● Provisions regarding IID approval by the KHP; and
● Authority for adopting rules and regulations
regarding approval of IIDs, calibration and
maintenance of IIDs, ensuring each approved IID
manufacturer provides a reasonable statewide
service network for calibration and maintenance of
the devices, and participant requirements for
proper use and maintenance of IIDs to the
superintendent of the KHP.
The bill would deem current rules and regulations on this
subject to be rules and regulations of the superintendent of
the KHP.
Ignition Interlock Device Program Completion (Section 8)
The bill would remove a 90-day waiting period to apply
for IID and various restrictions on driving with an IID and add
the following required conditions for a person to complete the
IID program:
● The person must have no more than one standard
violation and no serious violation in the 90
consecutive days prior to application for
reinstatement; and
● The application must occur upon or after expiration
of the applicable ignition interlock period required
by law.
The bill would define “standard violation” (which includes
various breath alcohol concentration test failures or failure to
execute or submit to retests), “serious violation” (tampering or
circumventing the IID or blowing a high breath alcohol
concentration during a rolling retest), and other relevant
terms.


3- 2377
Reduced Ignition Interlock Device Program Costs (Section 9)
In a statute governing approval and maintenance of
IIDs, the bill would remove a provision requiring each IID
manufacturer to provide a credit of at least two percent of the
gross program revenues in Kansas as a credit for persons
qualified to obtain an IID who are indigent as evidenced by
qualification and eligibility for the federal food stamp program,
and would add the provisions detailed below regarding
reduced IID program costs (reduced costs).
Any person whose license is restricted to operating only
a motor vehicle with an IID installed could request reduced
costs by submitting a request to the Division in a form and
manner prescribed by the Division. The Division would be
required to review each request to determine whether the
person is eligible for reduced costs. A person would be
eligible for reduced costs if the person’s annual household
income is less than or equal to 150 percent of the federal
poverty level, as defined by the bill; if the person is eligible for
the food assistance, child care subsidy, or cash assistance
program pursuant to KSA 39-709; or if the person is currently
eligible for the Low Income Energy Assistance Program
(LIEAP) as determined by the Department for Children and
Families (DCF).
If the Division determines the person is eligible for
reduced costs, the person would be responsible for paying 50
percent of the program costs, and the manufacturer would be
directed to adjust its charges accordingly.
The bill also would amend this section to require the
Secretary of Revenue (Secretary) to adopt rules and
regulations regarding the requirements and guidelines for
receiving reduced costs prior to March 1, 2023. Additionally,
the bill would reorganize some provisions within the section.


4- 2377
DUI Under the Age of 21; IID Restriction Period (Section 11)
The bill would amend the offense of DUI under the age
of 21 to reduce the required IID restriction period for a first
offense with a test result of 0.02 or greater but less than 0.08
from 330 to 180 days.

Commercial DUI; Commercial Driver’s Licenses
The bill would amend law regarding commercial DUI and
CDLs.
Charges and Penalties (Section 5)
The bill would clarify that continuing limits on plea
bargains for commercial DUI shall not be construed to
prohibit an amendment or dismissal of any charge where the
admissible evidence is not sufficient to support a conviction
beyond a reasonable doubt on such charge.
The bill would amend the penalties for a first conviction
of commercial DUI to remove a minimum imprisonment or
public service hours requirement.
The bill would amend the penalties for a second
conviction of commercial DUI to reorganize and clarify
minimum confinement requirements. A requirement that the
offender serve at least 48 hours of imprisonment would be
modified to remove requirements that this period be served
consecutively and at the beginning of the overall period of
confinement. The bill would specify that an offender would
receive hour-for-hour credit in work release or house arrest
for the minimum 120 hours of confinement required by the
section and would then receive day-for-day credit for any
additional confinement imposed, unless otherwise ordered by
the court.
The bill would increase the penalty for a third or
subsequent conviction of commercial DUI from a non-grid,
5- 2377
nonperson felony to a severity level 6 nonperson felony, and
would reorganize and standardize minimum confinement
requirements, setting the required minimum confinement as
30 days. The bill would specify that an offender would receive
hour-for-hour credit in work release or house arrest for the
first 240 hours of confinement required by these provisions
and would then receive day-for-day credit for subsequent
confinement, unless otherwise ordered by the court. [Note:
Assigning the offense a severity level places it on the
sentencing guidelines grid and makes it subject to the
incarceration periods and associated provisions of the
sentencing guidelines.]
The bill would remove postrelease supervision
provisions that could conflict with the general postrelease
supervision conditions that would now apply to the offense as
a severity level 6 nonperson felony.
The bill would give a court discretion to waive any
portion of a fine imposed for commercial DUI, except for $250
required to be remitted to the State Treasurer and credited to
the Community Correction Supervision Fund upon a showing
the offender successfully completed court-ordered education
or treatment.
Lifetime Disqualification and Other CDL Amendments
(Section 4)
The bill would amend the statute governing
disqualification from driving a commercial motor vehicle to
specify that a continuing provision for lifetime disqualification
upon a second or subsequent occurrence of certain specific
offenses, test refusals, or test failures (second offense
lifetime disqualification) applies to occurrences arising from
two or more separate incidents occurring on or after July 1,
2003. If a person is disqualified for life under this provision,
and at least one of the disqualifying incidents occurred prior
to July 1, 2003, the bill would allow the person to apply to the
Secretary for review of the incidents and modification of the

6- 2377
disqualification. The bill would require the Secretary to adopt
rules and regulations prior to March 1, 2023, establishing
guidelines, including conditions, to administer this provision.
The bill would replace a provision allowing the Secretary
to adopt rules and regulations establishing guidelines under
which a second offense lifetime disqualification may be
reduced to a period of not less than ten years with a provision
requiring any person with a second offense lifetime
disqualification who seeks to have commercial driving
privileges restored after ten years of disqualification to apply
in writing to the Division. The bill would require the Division to
restore the person’s commercial driving privileges if the
Division determines:
● None of the occurrences leading to lifetime
disqualification included DUI or commercial DUI;
● The person has not had an occurrence of certain
specific offenses, test refusal, or test failure during
the 10-year period preceding application;
● The person has had no alcohol- or drug-related
convictions during the 10-year period preceding the
application;
● The person has no pending alcohol- or drug-
related criminal charges;
● The person has had no convictions for violations
that occurred while operating a commercial motor
vehicle during the 10-year period preceding
application;
● The person has successfully completed an alcohol
or drug treatment or comparable program that
meets or exceeds the minimum standards
approved by the Kansas Department for Aging and
Disability Services if any of the disqualifying
offenses were drug or alcohol related;

7- 2377
 ● The person is no longer a threat to the public
safety of Kansas. The Division could request, and
the person would be required to provide, any
additional information or documentation the
Division deems necessary to determine the
person’s fitness for relicensure;
● The person is otherwise eligible for licensure; and
● The person has not previously been restored to
commercial motor vehicle privileges following a
prior 10-year minimum disqualification.
The bill would require the person to provide a copy of
the person’s closed criminal history from any jurisdiction to
the Division, for purposes of verifying the prior 10-year
alcohol and drug history.
If the Division finds the person is eligible for restoration
to commercial driving status, the bill would require the person
to complete the written and driving skills examinations before
a CDL is issued.
If the person is found ineligible, the Division would be
required to notify the person of such findings by certified mail
and continue the denial of commercial driving privilege until
such ineligibility has been disproven to the Division’s
satisfaction.
Any person who previously had commercial motor
vehicle privileges restored pursuant to the statute would not
be eligible to apply for restoration if the person receives
another lifetime disqualification.
Any person aggrieved by the decision of the Division
could appeal for review in accordance with the Kansas
Judicial Review Act.
The bill would require the Secretary to adopt rules and
regulations prior to March 1, 2023, necessary to administer
8- 2377
the new procedure for restoration of commercial driving
privileges.
The bill would add a separate lifetime disqualification
provision for any person who uses a commercial motor
vehicle in the commission of a felony involving an act or
practice of severe forms of trafficking in persons, as defined
in the provision.
The bill would increase the minimum disqualification
period for operating a commercial motor vehicle in violation of
an out-of-service order from:
● Ninety days to one hundred and eighty days for a
first violation; and
● One year to two years if the person has one prior
violation in a separate incident within the ten years
immediately preceding the current violation.
Motorized Bicycles (Section 2)
In the statute requiring drivers to have a valid driver’s
license, the bill would remove a provision allowing the
Division to issue a class C license valid only for the operation
of motorized bicycles to persons who have had their driving
privileges suspended for an offense other than commercial
DUI or a second or subsequent DUI, complete a mandatory
suspension period for DUI-related offenses, and submit an
application and $40 nonrefundable application fee. The bill
would remove a corresponding provision regarding the
disposition of the application fee.
The bill would specify the continuing penalty of a class B
misdemeanor for violations of the section is a nonperson
misdemeanor.


9- 2377
DUI Charges and Penalties (Section 10)
The bill would clarify that continuing limits on plea
bargains for DUI shall not be construed to prohibit an
amendment or dismissal of any charge where the admissible
evidence is not sufficient to support a conviction beyond a
reasonable doubt on such charge.
The bill would amend the penalties for a first conviction
of DUI to remove a minimum imprisonment or public service
hours requirement.
The bill would amend the penalties for a second
conviction of DUI to reorganize and clarify minimum
confinement requirements. A requirement that the offender
serve at least 48 hours of imprisonment would be modified to
remove requirements that this period be served consecutively
and at the beginning of the overall period of confinement. The
bill would specify that an offender would receive hour-for-hour
credit in work release or house arrest for the minimum 120
hours of confinement required by the section and would then
receive day-for-day credit for any additional confinement,
unless otherwise ordered by the court.
The bill would increase the penalty for a third conviction
if the person has a prior conviction within the preceding 10
years (not including any period of incarceration) or a fourth or
subsequent conviction of DUI from a non-grid, nonperson
felony to a severity level 6 nonperson felony, and would
accordingly remove specific imprisonment and fine
requirements. [Note: Assigning the offense a severity level
places it on the sentencing guidelines grid and makes it
subject to the incarceration periods and associated provisions
of the sentencing guidelines.] The bill also would amend
provisions regarding imprisonment at a state facility for the
felony offense and related responsibilities of a sheriff to
reflect the amendment making the penalty a sentencing
guidelines offense, rather than a non-grid felony. Additionally,
the bill would remove the felony offense from postrelease
supervision provisions that could conflict with the general
10- 2377
postrelease supervision conditions that would now apply to
the offense as a felony on the sentencing grid.
The bill would also amend the penalties for a third
conviction of DUI, a third conviction of DUI with a prior
conviction within the preceding 10 years, and a fourth or