SESSION OF 2024
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2682
As Recommended by House Committee on
Transportation

Brief*
HB 2682 would authorize the Director of Vehicles
(Director), Kansas Department of Revenue (KDOR), to adopt
rules and regulations necessary to participate in and
implement the Federal Motor Carrier Safety Administration’s
Drug and Alcohol Clearinghouse Program (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

____________________
*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
 ● 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.

Background
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

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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.]

Fiscal Information
According to the fiscal note provided by the Division of
the Budget on the bill, 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.
The Kansas Department of Transportation 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.
Commercial driver’s license; Federal Motor Carrier Safety Administration; drug and
alcohol clearinghouse; rules and regulations


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