AN ACT relating to identity documents.

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AN ACT relating to identity documents. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS 186.400 TO 186.640 IS CREATED 3
TO READ AS FOLLOWS: 4
The circuit clerk of each county shall: 5
(1) Act for the cabinet for the purpose of accepting applications for and issuing 6
temporary operator's licenses, instruction permits, and per sonal identification 7
cards; 8
(2) Comply with all administrative regulations promulgated by the cabinet; 9
(3) Administer the oath required under Sections 7 and 8 of this Act to applicants, 10
without fee; 11
(4) Electronically transmit a copy of all applications and supporting documents 12
taken by the office to the cabinet no later than the next business day; 13
(5) Report and remit to the cabinet, no later than the third business day of the month, 14
all moneys collected by the office during the preceding month. Upon failure of 15
any circuit clerk to report and remit therefor more than seven (7) days after the 16
due date, the clerk shall pay, in addition to the amount due, a penalty of ten 17
percent (10%) of the amount due. Penalties collected under this section shall be 18
paid into the State Treasury as a part of the revenue collected under Section 18 of 19
this Act; and 20
(6) Keep adequate records of all moneys collected and remitted to the cabinet. 21
Section 2. KRS 186.400 is amended to read as follows: 22
(1) The administration of the provisions of KRS 186.400 to 186.640 not specifically 23
vested in the Transp ortation Cabinet or the circuits clerks shall be vested in the 24
Transportation Cabinet. The Transportation Cabinet may promulgate 25
administrative[prescribe] regulations in accordance with KRS Chapter 13A for the 26
enforcement of KRS 186.400 to 186.640. The Tra nsportation Cabinet also shall 27
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enforce regulations governing the acts of motor vehicle operators under KRS 1
186.400 to 186.640 and require reports which it deems necessary. 2
(2) The cabinet shall provide or cause to be provided to appropriate persons or offi cials 3
an adequate supply of forms for the administration of KRS 186.400 to 186.640. The 4
style of those forms and the method of their use shall be prescribed by the cabinet 5
and shall be adequate to protect the safety interests of the state. The Transportati on 6
Cabinet shall prescribe the method of financial control. 7
(3) (a) The Transportation Cabinet shall collect all moneys due the state under KRS 8
186.531 from the circuit clerks for operators' licenses and personal 9
identification cards issued, and shall depo sit those moneys with the state 10
treasurer. 11
(b) At least once each year the secretary of the Transportation Cabinet shall cause 12
a reconciliation to be made between the record of monetary receipts by each 13
circuit clerk [the Transportation Cabinet] and the number[receipt] of 14
applications accepted by each circuit clerk[the Transportation Cabinet]. 15
Section 3. KRS 186.410 is amended to read as follows: 16
(1) Except as provided in subsection (6) of this section, every person not ex empted by 17
KRS 186.420 and 186.430 shall, before operating a motor vehicle, motorcycle, or 18
moped upon a highway, secure an operator's license as provided in this chapter. 19
(2) Except as provided in KRS 186.4121, all original, renewal, and duplicate personal 20
identification cards and licenses for the operation of motor vehicles or motorcycles 21
shall be applied for with the circuit clerk in the county of the applicant's 22
residence[Transportation Cabinet], or through alternative technology, and issued by 23
the Transp ortation Cabinet. Subject to the provisions of KRS 186.4101, 24
applications for renewal licenses and personal identification cards shall be made 25
every eight (8) years within the birth month of the applicant. A license shall not be 26
issued until the application has been certified by the cabinet and the applicant has, if 27
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required under KRS 186.635, successfully completed the examinations required 1
under KRS 186.480. 2
(3) All personal identification cards shall be issued under the provisions of KRS 3
186.4102, 186.4122, and 186.4123. 4
(4) A person under the age of eighteen (18) years who applies for an instruction permit 5
shall, at any time between the age of fifteen (15) years and before the person's 6
eighteenth birthday, enroll in one (1) of the following driver training programs: 7
(a) A driver's education course administered by a school district; 8
(b) A driver training school licensed pursuant to KRS Chapter 332 which offers a 9
course meeting or exceeding the minimum standards established by the 10
Transportation Cabinet; or 11
(c) State traffic school. The person may seek to enroll in state traffic school 12
before the person's eighteenth birthday. Persons enrolling in state traffic 13
school pursuant to this paragraph shall not be required to pay a fee. 14
(5) Any applicant for any ini tial or renewal instruction permit, operator's license, or 15
personal identification card under KRS 186.400 to 186.640 may apply for either: 16
(a) A voluntary travel ID document; or 17
(b) A standard document that does not meet standards for federal identificatio n 18
purposes. 19
(6) When an automated driving system as defined in KRS 186.760 is installed on a 20
motor vehicle and is engaged, and the motor vehicle is operating as a fully 21
autonomous vehicle as defined in KRS 186.760, the: 22
(a) Owner of the motor vehicle is considered the operator of the fully autonomous 23
vehicle and shall comply with applicable traffic or motor vehicle laws, 24
regardless of whether the owner is physically present in the vehicle while the 25
vehicle is operating; and 26
(b) Automated driving system is c onsidered to be licensed to operate the vehicle 27
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and a licensed human operator is not required to operate the motor vehicle. 1
Section 4. KRS 186.4101 is amended to read as follows: 2
(1) Except as provided in subsection (2) of this section, a license to operate a motor 3
vehicle, motorcycle, or moped, or a personal identification card shall be renewed 4
every eight (8) years prior to its expiration. Except as provided in KRS 186.410, a 5
person seeking to renew an operator's licens e shall apply to the office of the circuit 6
clerk in the county where the person resides [cabinet] in accordance with KRS 7
186.412 and 186.4121. 8
(2) An applicant for a renewal license, instruction permit, or identification card may 9
choose to be issued a docum ent that is valid for four (4) years. Fees for documents 10
issued for a four (4) year period shall be adjusted in accordance with KRS 186.531. 11
(3) The fee to renew an operator's license or personal identification card shall be 12
according to the schedule set forth in KRS 186.531. 13
Section 5. KRS 186.4102 is amended to read as follows: 14
(1) Except as provided in subsect ion (9) of this section, the Transportation Cabinet 15
shall issue operator's licenses and personal identification cards bearing a 16
photograph of the applicant and other information the cabinet may deem 17
appropriate to qualified applicants under this chapter. W hen taking the photograph, 18
the applicant shall be prohibited from wearing sunglasses, veils, scarves, or any 19
other attire that obscures or creates shadows upon any features of the applicant's 20
face as determined by the circuit clerk[cabinet]. An applicant s hall be required to 21
remove eyewear that obstructs the iris or the pupil of the eyes and shall not take any 22
action to obstruct a photograph of his or her facial features. The face shall be visible 23
from the crown to the base of the chin and from ear to ear. Any person who refuses 24
to remove attire prohibited by this subsection as directed by the person taking the 25
application shall be prohibited from receiving an operator's license or personal 26
identification card. 27
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(2) An operator's license or personal identific ation card issued by the cabinet shall not 1
contain the applicant's Social Security number. The cabinet shall promulgate 2
administrative regulations in accordance with KRS Chapter 13A that develop a 3
numbering system that uses an identification system other t han Social Security 4
numbers. If an applicant submits adequate proof that he or she does not have a 5
Social Security number, the Transportation Cabinet shall assign the applicant a 6
unique identifying number. 7
(3) The license or personal identification card sh all also designate by color coding and 8
using the phrase "under 21" if the licensee or card holder is under the age of twenty-9
one (21); "CDL" if the license is issued pursuant to KRS Chapter 281A; or "under 10
21 CDL" if the licensee holds a commercial driver' s license issued pursuant to KRS 11
Chapter 281A and is under the age of twenty-one (21). 12
(4) The cabinet shall provide on each operator's license and personal identification card 13
space for a notation that the holder of the license or personal identification card has 14
expressed to the circuit clerk [cabinet] the person's willingness to make an 15
anatomical gift under KRS 311.1917. If a person who has made a declaration under 16
this subsection wishes to rescind that declaration, the person shall notify the 17
Kentucky Circuit Court Clerks' Trust for Life, which shall remove the notation from 18
his or her records. 19
(5) An operator's license issued pursuant to this chapter shall be designated a Class D 20
license. 21
(6) A person shall not have more than one (1) operator's license. 22
(7) Upon marriage, dissolution of marriage, or any other qualifying event, if a person 23
seeks to change his or her name, the person shall make a name change with the 24
Social Security Administration prior to applying for an operator's license or a 25
personal i dentification card and shall provide the circuit clerk [cabinet] with the 26
person's marriage license, divorce decree, or other documentation. The name issued 27
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on the identity document shall match the person's first and last name as recorded 1
with the Social Security Administration. Unless a person is eligible to renew his or 2
her identity document at the time of the name change, the fee charged under this 3
section shall be for a corrected identity document as set forth in KRS 186.531. 4
(8) An identity document issued under this chapter shall contain a denotation that 5
either: 6
(a) The identity document is a voluntary travel ID identity document that 7
complies with the security standards set forth by Pub. L. No. 109 -13, Title II, 8
and may be used for identification for federal purposes; or 9
(b) The identity document shall not be used for federal identification purposes. 10
(9) (a) The Transportation Cabinet may provide for the issuance of an instruction 11
permit, operator's license, or personal identification card without a photograph 12
if there is good cause for the omission based in docum ented religious 13
objections. The Transportation Cabinet shall promulgate administrative 14
regulations pursuant to KRS Chapter 13A to establish the criteria and 15
requirements for obtaining an operator's license, instruction permit, or 16
personal identification card without a photograph. 17
(b) An applicant for an initial instruction permit, operator's license, or personal 18
identification card without a photograph shall apply to the Transportation 19
Cabinet in Frankfort or a Transportation Cabinet field office. The appli cation 20
shall be processed solely by the Transportation Cabinet in the same manner as 21
in KRS 186.4121(5) and 186.4123(8). 22
(c) An operator's license, instruction permit, or personal identification card issued 23
without a photograph shall denote on its face tha t it shall not be accepted by 24
any federal agency for identification or any other federal purpose. 25
Section 6. KRS 186.411 is amended to read as follows: 26
(1) (a) If a person with a seizure condition applies for an original , duplicate, 27
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modified, or renewal operator's license, or applies for an instruction permit, he 1
or she shall be required by the cabinet to present to the Division of Driver 2
Licensing: 3
1. Certification by a physician or advanced practice registered nurse: 4
a. Stating that his or her condition is controlled by drugs;[,] 5
b. Details of the drugs, including dosages, which the person takes;[,] 6
and 7
c. That the person has been free of any seizures for ninety (90) days; 8
and 9
2, His or her own statement that he or she: 10
a. Has been free of any seizures for ninety (90) days before the date 11
of the application;[,] and 12
b. [ that he or she ] Is taking the medication prescribed by his or her 13
physician or advanced practice registered nurse. 14
(b) The division shall upon receipt of the required documentation issue the 15
person[him] a letter of authorization to present to the circuit clerk[cabinet]. 16
The circuit clerk[cabinet] shall not issue an operator's license to a person with 17
a seizure condition who does not present the letter of authorization. 18
(2) Any person who has a seizure condition who cannot present the certification that 19
his or her condition is controlled by drugs or a statement that he or she has been 20
seizure-free for ninety (90) days shall be notified in writing by the cabinet that the 21
person's privilege to operate a motor vehicle is withdrawn and of his or her right to 22
have an informal hearing on the matter of whether he or she is an unsafe driver as a 23
result of having the seizure condition. The notice shall be mailed by first -class mail 24
to the address of record of the person. The hearing shall be automatically waived if 25
not requested within twenty (20) days after the cabinet mails notice. The hearing 26
shall be scheduled as early as practical after receipt of the request at a time and 27
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place designated by the cabinet. 1
(3) A person whose seizure condition would impair his or her ability to operate a motor 2
vehicle may present evidence of the condition to the Division of Driver Licensing's 3
medical review board as established under KRS 186.444, incl uding his or her own 4
attested statement, physician's or advanced practice registered nurse's statement, 5
and medical dosage details. If the board determines that the person's seizure 6
condition would not impair his or her ability to operate a motor vehicle, the division 7
shall issue the letter of authorization required by subsection (1) of this section. 8
(4) A person whose seizure condition is of a nature that the seizure condition would not 9
impair the ability to operate a motor vehicle may present evidence of this fact to the 10
Division of Driver Licensing , including the person's own attested statement, 11
physician's or advanced practice registered nurse's statement, and medicine dosage 12
details. If the division determines that the person's seizure condition does not impair 13
the ability to operate a motor vehicle, the division shall issue the letter of 14
authorization required by subsection (1) of this section. 15
(5) Any physician or advanced practice registered nurse shall not be subject to civil or 16
criminal liability, absent a showing of bad faith, for providing any reports, records, 17
examinations, opinions, or recommendations pursuant to this section. 18
Section 7. KRS 186.412 is amended to read as follows: 19
(1) As used in this section, "applicant" means a person who: 20
(a) Is a citizen or permanent resident of the United States; or 21
(b) Meets the minimum requirements for federal recognition in Section 202 of the 22
REAL ID ACT of 2005, as amended, in 49 U.S.C. sec. 30301 note, and has 23
been admitted to the United States as a nonimmigrant pursuant to a compact 24
of free association between the United States and the Republic of the Marshall 25
Islands, the Republic of Palau, or the Federated States of Micronesia. 26
(2) An applicant shall apply for an instr uction permit or operator's license with the 27
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circuit clerk in the county where the applicant resides [Transportation Cabinet], or 1
through alternative technology. Except as provided in KRS 186.417, the application 2
form shall require the applicant's: 3
(a) Full legal name and signature; 4
(b) Date of birth; 5
(c) Social Security number or a letter from the Social Security Administration 6
declining to issue a Social Security number; 7
(d) Sex; 8
(e) Present Kentucky resident address, exclusive of a post office box address 9
alone; 10
(f) Other information necessary to permit the application of United States citizens 11
to also serve as an application for voter registration; 12
(g) A brief physical description of the applicant; 13
(h) Proof of the applicant's Kentucky residency, including but not limited to a 14
deed or property tax bill, utility agreement or utility bill, or rental housing 15
agreement; and 16
(i) Other information the cabinet may require by administrative regulation 17
promulgated under KRS Chapter 13A. 18
(3) (a) To satisfy the requirements of subsection (2)(e) and (h) of this section, an 19
applicant seeking to obtain a renewal or duplicate operator's licen se may use a 20
completed form attesting to the lack of an established and fixed nighttime 21
residence of regular return as established in accordance with paragraph (b) of 22
this subsection. The form developed under paragraph (b) of this subsection 23
shall not be used by an applicant for an initial operator's license or instruction 24
permit. 25
(b) The cabinet shall promulgate administrative regulations in accordance with 26
KRS Chapter 13A to develop forms and procedures whereby an applicant for 27
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a renewal or duplicate oper ator's license under this section or KRS 186.4121, 1
or an applicant for an initial, renewal, or duplicate personal identification card 2
under KRS 186.4122 or 186.4123, who does not have an established and fixed 3
nighttime residence of regular return may use a s proof of residency, a form, 4
attested to by a homeless shelter, health care facility, or social service agency 5
currently providing the applicant treatment or services, that the applicant is a 6
resident of Kentucky. An applicant who does not have an establi shed and 7
fixed nighttime residence of regular return shall not be issued a voluntary 8
travel ID operator's license under this section or KRS 186.4121. 9
(4) In addition to the information identified in subsection (2) of this section, a: 10
(a) Permanent resident shall present one (1) of the following documents issued by 11
the United States Department of Homeland Security, United States Bureau of 12
Citizenship and Immigration Services: 13
1. An I-551 card with a photograph of the applicant; or 14
2. A form with the photogra ph of the applicant or a passport with a 15
photograph of the applicant on which the United States Department of 16
Homeland Security, United States Bureau of Citizenship and 17
Immigration Services, has stamped the following: "Processed for I -551. 18
Temporary evidence of lawful admission for permanent residence. Valid 19
until .... (Expiration Date). Employment authorized."; and 20
(b) Person who meets the definition in subsection (1)(b) of this section shall 21
present a valid, unexpired passport from his or her country of o rigin, along 22
with one (1) of the following documents issued by the United States 23
Department of Homeland Security, United States Bureau of Citizenship and 24
Immigration Services: 25
1. Form I-94, Arrival/Departure Record number; 26
2. Form I-766, Employment Authorization Document number; or 27
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3. Form I-797, Notice of Action receipt number. 1
(5) Upon application for an operator's license under this section, the circuit 2
clerk[cabinet] shall capt ure a photograph of the applicant in accordance with the 3
requirements of KRS 186.4102(1). 4
(6) (a) Except as provided in paragraph (b) of this subsection, the circuit 5
clerk[cabinet] shall electronically scan the documents required for application 6
under this section and shall electronically forward[retain] the application, 7
supporting documents, and the photograph of the applicant to the cabinet . 8
Upon completion of any required examinations under KRS 186.480, the 9
circuit clerk[cabinet] shall present the applic ant with a temporary operator's 10
license or instruction permit, which shall be valid for thirty (30) days until a 11
permanent operator's license or instruction permit is mailed to the applicant by 12
the Transportation Cabinet. 13
(b) The circuit clerk[cabinet] shall only electronically scan the birth certificate of 14
an individual applying for a voluntary travel ID instruction permit or 15
operator's license. If the applicant is not seeking such a permit or license, the 16
circuit clerk [cabinet] shall not electronically sc an the applicant's birth 17
certificate. 18
(c) An applicant for an operator's license or instruction permit shall not be 19
required to surrender the applicant's birth certificate for image capture, image 20
storage, or image transmission to any entity, including the federal 21
government, unless express consent is given by the applicant during the 22
course of obtaining a voluntary travel ID license or permit. 23
(7) An applicant shall swear an oath to the circuit clerk[cabinet] as to the truthfulness 24
of the statements contained in the form. 25
Section 8. KRS 186.4122 is amended to read as follows: 26
(1) As used in this section, "applicant" means a person who: 27
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(a) Is a citizen or permanent resident of the United States; or 1
(b) Meets the minimum requirements for federal recognition in Section 202 of the 2
REAL ID ACT of 2005, as amended, in 49 U.S.C. sec. 30301 note, and has 3
been admitted to the United States as a nonimmigrant pursuant to a compact 4
of free association between the United States and the Republic of the Marshall 5
Islands, the Republic of Palau, or the Federated States of Micronesia. 6
(2) The Transportation Cabinet shall issue a personal identification card to an applicant 7
who: 8
(a) Is a Kentucky resident; 9
(b) Applies in person to the office of the circuit clerk of the county in which the 10
applicant resides,[cabinet] or through alternative technology; and 11
(c) Complies with the provisions of this section. 12
(3) Upon application for a personal identification card under this section, the circuit 13
clerk[cabinet] shall capture a photograph of the applicant in accordance with KRS 14
186.4102(1). 15
(4) (a) Except as provided in paragraph (b) of this subsection, the circuit 16
clerk[cabinet] shall electronically scan the documents required for application 17
under t his section and shall electronically forward[retain] the application, 18
supporting documents, and the photograph of the applicant to the cabinet. The 19
circuit clerk [cabinet] shall present the applicant with a temporary personal 20
identification card, which shal l be valid for thirty (30) days until a permanent 21
personal identification card is mailed to the applicant by the Transportation 22
Cabinet. 23
(b) The circuit clerk[cabinet] shall only electronically scan the birth certificate of 24
an individual applying for a voluntary travel ID personal identification card. If 25
the applicant is not seeking such a document, the circuit clerk[cabinet] shall 26
not electronically scan the applicant's birth certificate. 27
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(c) An applicant for a personal identification card shall not be req uired to 1
surrender the applicant's birth certificate for image capture, image storage, or 2
image transmission to any entity, including the federal government, unless 3
express consent is given by the applicant during the course of obtaining a 4
voluntary travel ID personal identification card. 5
(5) (a) An application for a personal identification card shall be accompanied by the 6
same information as is required for an operator's license under KRS 186.412, 7
except if an applicant does not have an established and fix ed nighttime 8
residence of regular return, the applicant may: 9
1. Until July 1, 2025, use as proof of residency a signed letter from a 10
homeless shelter, health care facility, or social service agency currently 11
providing the applicant treatment or services an d attesting that the 12
applicant is a resident of Kentucky; or 13
2. On or after July 1, 2025, follow the procedures outlined in KRS 14
186.412(3). 15
(b) An applicant who does not have an established and fixed nighttime residence 16
of regular return shall not be issue d a voluntary travel ID personal 17
identification card. 18
(c) An applicant for a personal identification card who is at least sixteen (16) 19
years of age but less than eighteen (18) years of age shall not be required to 20
obtain a signature of a parent or legal gu ardian on the application if the 21
applicant has been verified as a homeless child or youth, as defined in 42 22
U.S.C. sec. 11434a(2), by at least one (1) of the following: 23
1. A director or designee of a governmental or nonprofit agency that 24
receives public or private funding to provide services to homeless 25
people; 26
2. A local educational agency liaison for homeless children and youths 27
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designated pursuant to 42 U.S.C. sec. 11432( g)(1)(J)(ii), or a school 1
social worker or school counselor; 2
3. The director or director's designee of a federal TRIO Program or a 3
Gaining Early Awareness and Readiness for Undergraduate Program; or 4
4. A financial aid administrator for an institution of higher education. 5
(d) It shall be permissible for the application form for a personal identification 6
card to include as an applicant's most current resident address a mailing 7
address or an address provided on a voter registration card. 8
(e) If the applicant is not the legal owner or possessor of the address provided on 9
the application form, the applicant shall swear that he or she has permission 10
from the legal owner, authorized agent for the legal owner, or possessor to use 11
the address for purposes of obtaining the personal identification card. 12
(6) (a) Every applicant for a personal identification card under this section shall 13
swear an oath to the circuit clerk [cabinet] as to the truthfulness of the 14
statements contained on the application form. 15
(b) A personal identification card may be suspended or revoked if the person who 16
was issued the card presents false or misleading information to the cabinet 17
when applying for the card. 18
(7) A personal identification card issued under this section shall be valid for a perio d of 19
eight (8) years from the date of issuance, except that if the personal identification 20
card is issued to a person who does not have an established and fixed nighttime 21
residence of regular return, then the personal identification card shall be valid for 22
one (1) year from the date of issuance. 23
(8) (a) An applicant shall not be issued a personal identification card if the applicant 24
currently holds a valid Kentucky instruction permit or operator's license. A 25
person shall not hold more than one (1) license or personal identification card. 26
(b) If a person's instruction permit or operator's license has been suspended or 27
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revoked, the person may be issued a personal identification card. A personal 1
identification card shall be surrendered when the person applies t o have his or 2
her instruction permit or operator's license reinstated. 3
Section 9. KRS 186.416 is amended to read as follows: 4
(1) If a resident of the Commonwealth currently serving in the United States military is 5
stationed or assigned to a base or other location outside the boundaries of the 6
Commonwealth, the resident, or the resident's spouse or dependents, may: 7
(a) Update his or her license electronically or by mail to include a motorcycle 8
operator's endorsement on an existing operator's license; or 9
(b) Renew a Class D operator's license issued under this section by mail. If the 10
resident, or his or her spouse or dependents, was is sued an "under 21" 11
operator's license, upon the date of the license holder's twenty -first birthday, 12
the "under 21" operator's license may be renewed for an operator's license that 13
no longer contains the outdated reference to being "under 21." 14
(2) A residen t of the Commonwealth renewing an operator's license by mail under 15
subsection (1) of this section may have a personal designee apply to the circuit 16
clerk[cabinet] on behalf of the resident to renew the resident's operator's license. An 17
operator's license f or which an endorsement is being added electronically or by 18
mail, or which is being renewed by mail under subsection (1) of this section shall be 19
issued a license bearing the applicant's historical photo if there is a photo on file. If 20
there is no photo on file, the license shall be issued without a photograph and shall 21
show in the space provided for the photograph the legend "valid without photo and 22
signature." 23
(3) (a) 1. If a resident of the Commonwealth has been serving in the United States 24
military stat ioned or assigned to a base or other location outside the 25
boundaries of the Commonwealth and has allowed his or her operator's 26
license to expire, he or she shall, within ninety (90) days of returning to 27
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the Commonwealth, be permitted to renew his or her li cense without 1
having to take a written test or road test. 2
2. The spouse or dependent of a person identified in subparagraph 1. of 3
this paragraph shall be afforded the same consideration identified in that 4
subparagraph regarding the renewal of an expired operator's license. 5
(b) A person who meets the criteria in paragraph (a) of this subsection shall not 6
be convicted or cited for driving on an expired license prior to license renewal 7
during the ninety (90) days after the person's return to the Commonwealth i f 8
the person can provide proof of his or her out -of-state service and dates of 9
assignment. 10
(c) A person who meets the criteria in paragraph (a) of this subsection and who 11
does not renew his or her license within ninety (90) days of returning to the 12
Commonwealth shall be required to comply with the provisions of this 13
chapter governing renewal of a license that has expired. 14
(d) If a resident of the Commonwealth has been issued an "under 21" or "under 15
21 CDL" operator's license and the person is unable to rene w the license on 16
the date of his or her twenty -first birthday, the "under 21" or "under 21 CDL" 17
operator's license shall be valid for ninety (90) days beyond the date of the 18
person's twenty-first birthday. 19
(4) (a) Any person who served in the active Armed Forces of the United States, 20
including the Coast Guard, and any member of the National Guard or Reserve 21
Component who completed the member's term of service and was released, 22
separated, discharged, or retired therefrom under either an honorable 23
discharge or a general under honorable conditions discharge may, at the time 24
of initial application or application for renewal or duplicate, request that an 25
operator's license or a personal identification card issued under this chapter 26
bear the word "veteran" on the face or the back of the license or personal 27
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identification card. 1
(b) The designation shall be in a style and format considered appropriate by the 2
Transportation Cabinet. Prior to obtaining a designation requested under this 3
subsection, the applicant shall present to the circuit clerk[cabinet] as proof of 4
eligibility, an original or copy of his or her: 5
1. Unexpired Veteran Identification Card or Veteran Health Identification 6
Card issued by the United States Department of Veterans Affairs; 7
2. DD-2, DD-214, DD-256, DD-257, or NGB-22 form; or 8
3. Unexpired Geneva Conventions Identification Card issued by the United 9
States Department of Defense. 10
The cabinet shall not be liable for fraudulent or misread forms presented. 11
(5) The cabinet shall promul gate administrative regulations in accordance with KRS 12
Chapter 13A to establish forms and procedures for facilitating the addition of a 13
motorcycle endorsement to an existing operator's license, both electronically and by 14
mail, in accordance with subsection (1) of this section. 15
Section 10. KRS 186.417 is amended to read as follows: 16
(1) The Transportation Cabinet shall issue to any felony offender, if the felony offender 17
is eligible, released from the Kentucky Department of Corrections, a county jail or 18
other local or regional correctional facility, if and when funds are available, or a 19
Federal Bureau of Prisons facility located in Kentucky on home incarceration, 20
parole, completed service of sentence, shock probation, or par don, a personal 21
identification card or, if the felony offender is eligible, an operator's license. An 22
offender who wishes to obtain a personal identification card or operator's license 23
shall provide proper documentation to comply with the provisions of this section. 24
(2) Proper documentation under subsection (1) of this section shall consist of: 25
(a) The offender's certificate of birth; 26
(b) A copy of the offender's resident record card and parole certificate or notice of 27
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discharge; 1
(c) A photograph of the offender, printed on plastic card or paper; and 2
(d) A release letter that shall contain the offender's: 3
1. Full legal name, subject to the information available to the Kentucky 4
Department of Corrections or a Federal Bureau of Prisons facility 5
located in Kentucky; 6
2. Discharge/release date; 7
3. Signature; 8
4. Social Security number; 9
5. Date of birth; 10
6. Present Kentucky address where he or she resides; and 11
7. Physical description. 12
(3) The Transportation Cabinet shall issue to any felony offender, if the felony offender 13
is eligible, probated or conditionally discharged by the court and under the 14
supervision of the Division of Probation and Parole or the United States Probation 15
Office, a personal identification card or, if the felony offender is eligible, an 16
operator's license. An offender who wishes to obtain a personal identification card 17
or operator's license shall provide proper documentation to comply with the 18
provisions of this section. 19
(4) Proper documentation under subsection (3) of this section shall consist of: 20
(a) The offender's certificate of birth; 21
(b) The offender's sentencing order; 22
(c) A photograph of the offender, printed on plastic card or paper; and 23
(d) A notarized release letter, signed by the supervising officer verifying the 24
offender's status on supervision, that shall contain the offender's: 25
1. Full legal name, subject to the information available to the Division of 26
Probation and Parole or the United States Probation Office; 27
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2. Signature; 1
3. Social Security number; 2
4. Date of birth; 3
5. Present Kentucky address where he or she resides; and 4
6. Physical description. 5
(5) The offender shall present the documentation identified in subsection (2) or (4) of 6
this section to the circuit clerk[cabinet] within thirty (30) calendar days from the 7
date of the release letter and shall be responsible for paying the fee for the personal 8
identification card or operator's license pursuant to KRS 186.531. 9
(6) The Transportation Cabinet shall promulgate administrative regulations in 10
accordance with KRS Chapter 13A to establish procedures for current inmates in 11
state and federal prisons, who are deemed eligible by prison officials, to be issued 12
operator's licenses to engage in work release activities or reentry initiatives. The 13
administrative regulations shall address, at a minimum: 14
(a) The information required for application, which shall include all information 15
in paragraph (b) of this subsection which is germane to a current inmate. For 16
purposes of this paragraph, the facility in which the inmate is housed sha ll be 17
considered the inmate's residence; 18
(b) Required documentation from the Department of Corrections or the Federal 19
Bureau of Prisons that the inmate meets the security criteria to be eligible for 20
work outside of the facility; 21
(c) Procedures for license issuance; and 22
(d) Restrictions on use of the license, including a requirement that the inmate 23
shall surrender the license to prison officials when the inmate is not engaged 24
in work outside the facility. 25
(7) Except as provided in subsection (8) of this sect ion, the circuit clerk[cabinet] shall 26
process applications for operator's licenses and personal identification cards under 27
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this section in the same manner as in KRS 186.412 and 186.4122. 1
(8) The Transportation Cabinet may enter into an agreement with the K entucky 2
Department of Corrections, the United States Probation Office, or the Federal 3
Bureau of Prisons to use a mobile unit to begin the issuance process in this section. 4
Section 11. KRS 186.418 is amended to read as follows: 5
(1) The Transportation Cabinet shall implement a voluntary statewide child 6
identification program. The program shall issue a photo personal identification card 7
to a child two (2) to fifteen (15) years of age. 8
(2) A parent or guardian may apply for a child identification card under this section at 9
the circuit clerk's office in the county in which the child resides [cabinet]. 10
Application for a child identification card shall be accompanied by a Social 11
Security card and a birth certificate for the child or other proof of the child's date of 12
birth as provided under KRS 186.412. The card shall not contain the child's Social 13
Security number. 14
(3) (a) If the child's parent or guardian wishes to obtain a travel ID child 15
identification card, the circuit clerk [cabinet] shall scan the application and 16
supporting documentation, capture a photograph of the child in accordance 17
with the provisions of KRS 186.4102(1), and submit the application, 18
documentation, and photograph to the cabinet, who shall issue the child 19
identification card by mail. 20
(b) If the child's parent or guardian does not wish to obtain a travel ID child 21
identification card, the circuit clerk [cabinet] shall scan the application, 22
capture a photograph of the child in accordance with the provisions of KRS 23
186.4102(1), and submit the application, documentation, and photograph to 24
the cabinet, who shall issue the child identification card by mail. 25
(c) A parent or guardian applying under this section shall not be required to 26
surrender the child's birth certific ate for image capture, image storage, or 27
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image transmission to any entity, including the federal government, unless 1
express consent is given by the parent or guardian during the course of 2
obtaining a voluntary travel ID child identification card. 3
(4) A child identification card issued under this section shall contain the child's name 4
and the toll -free number of the Kentucky missing persons clearinghouse, 5
Department of Kentucky State Police. The descriptive data and a photo image of the 6
child shall be stored in the Kentucky driver's license information system and may 7
be retrieved and used by public agencies subject to the provisions of the Driver's 8
Privacy Protection Act, 18 U.S.C. sec. 2721, and may also be used by the Kentucky 9
missing persons clearinghouse. 10
(5) The fee for a child identification card shall be six dollars ($6), of which: 11
(a) Four dollars ($4) shall be deposited into the KYTC photo license account 12
established in KRS 174.056; and 13
(b) Two dollars ($2) shall be deposited into the Circuit Court cl erk salary 14
account established in Section 34 of this Act. 15
(6) A child identification card shall expire every four (4) years on the child's birthday. 16
Within the time period that the child identification card is valid, the card may be 17
updated with a new phot ograph and information. The fee for an updated card shall 18
be six dollars ($6), with the fee distributed in the same manner as the fee for an 19
initial card as described in subsection (5) of this section. 20
(7) If a parent or guardian complies with the requirem ents of KRS 186.403 and 21
186.419, the parent or guardian may request that the child identification card issued 22
to a minor child under this section be a voluntary travel ID identity document under 23
KRS 186.403. 24
(8) A child identification card issued under thi s section shall contain a denotation that 25
either: 26
(a) The child identification card is a voluntary travel ID identity document that 27
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complies with the security standards set forth by Pub. L. No. 109 -13, Title II, 1
and may be used for identification for federal purposes; or 2
(b) The identity document shall not be used for federal identification purposes. 3
Section 12. KRS 186.435 is amended to read as follows: 4
(1) Except as provided in subsection (4) of this section, a licensed driver who becomes 5
a Kentucky resident shall, within thirty (30) days of establishing residency, apply 6
for a Kentucky operator's license to the office of the circuit clerk of the county in 7
which the person has established his or her domicile[Transportation Cabinet]. 8
(2) The Transportation Cabinet shall, befo re issuing a person a Kentucky operator's 9
license, verify through the National Drivers Register that the person applying for a 10
Kentucky operator's license does not currently have his or her operator's license or 11
driving privilege suspended or revoked in another licensing jurisdiction. 12
(3) A person who is not a United States citizen but who has been granted permanent 13
resident status by the United States Department of Homeland Security, United 14
States Bureau of Citizenship and Immigration Services, and who is a Kentucky 15
resident, shall follow the same procedures for applying for an original, renewal, 16
transfer, or duplicate operator's license as persons who are United States citizens. 17
(4) A licensed driver from another jurisdiction who: 18
(a) Is not a United States citizen; 19
(b) Has not been granted permanent resident status by the United States 20
Department of Homeland Security, United States Bureau of Citizenship and 21
Immigration Services; 22
(c) Becomes a Kentucky resident; and 23
(d) Wishes to operate a motor vehicle; 24
shall, within thirty (30) days of establishing residency, apply for a Kentucky 25
operator's license under the provisions of KRS 186.4121. 26
Section 13. KRS 186.442 is amended to read as follows: 27
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(1) The Transportation Cabinet shall, before issuing or renewing a Kentucky operator's 1
license, verify through the National Drivers Register that the person applying for an 2
initial or renewal Kentucky operator's license does not currently have his or her 3
operator's license or driving p rivilege suspended or revoked in another licensing 4
jurisdiction. 5
(2) If the person's operator's license or driving privilege is currently suspended or 6
revoked in another licensing jurisdiction for a traffic offense where the conviction 7
for the offense is l ess than five (5) years old, the Transportation Cabinet shall not 8
issue the person an initial or renewal Kentucky operator's license until the person 9
resolves the matter in the other licensing jurisdiction and complies with the 10
provisions of this chapter. 11
(3) A person whose operator's license has been suspended or revoked in another 12
licensing jurisdiction, or the holder of a Kentucky operator's license whose driving 13
privileges have been suspended in another licensing jurisdiction, may be issued a 14
Kentucky license, or may renew a Kentucky license if: 15
(a) The conviction causing the suspension or revocation is more than five (5) 16
years old; 17
(b) The conviction is for a traffic offense other than a felony traffic offense or a 18
habitual violator offense; and 19
(c) The person has been a resident of the Commonwealth for at least five (5) 20
years prior to the date of application for issuance or renewal. 21
(4) (a) A person applying for an operator's license under subsection (3) of this 22
section shall submit an application to th e circuit clerk of the county in which 23
the person resides[cabinet], who shall electronically scan the application and 24
supporting documents, along with a photograph of the applicant captured in 25
accordance with KRS 186.4102(1), into the cabinet database. 26
(b) The circuit clerk[cabinet] shall review the person's documentation, including 27
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the person's photograph, in the cabinet database. If the documentation is 1
verified as accurate, and if the person successfully completes any 2
examinations required under KRS 186.480 and pays the reinstatement fee 3
required under KRS 186.531, the circuit clerk [cabinet] shall present the 4
applicant with a temporary operator's license, which shall be valid for thirty 5
(30) days, until a permanent operator's license is mailed to the applicant by 6
the Transportation Cabinet. 7
(5) A person issued a Kentucky operator's license in accordance with subsection (3) of 8
this section shall be issued an operator's license marked "Valid in Kentucky Only" 9
and shall sign a statement that the person understands that he or she may be subject 10
to arrest and detention if stopped by a law enforcement officer in another state 11
while operating a motor vehicle on this restricted license. 12
(6) If a person granted a license under subsection (3) of this section satisfies the 13
requirements to have the suspension or revocation in another state lifted, the person 14
shall apply to the circuit clerk [cabinet] to be issued a new license without the 15
restrictions outlined in subsection (3) of this section. 16
(7) The provisions of subsection (3) of this section shall no t apply to a commercial 17
driver's license. 18
Section 14. KRS 186.450 is amended to read as follows: 19
(1) A person who is at least fifteen (15) years of age may apply for an instruction 20
permit to operate a motor vehicle. Exce pt as provided in subsection (9) of this 21
section, a person who possesses a valid intermediate motor vehicle operator's 22
license issued under KRS 186.452 or a person who is at least eighteen (18) years of 23
age may apply for an instruction permit to operate a motorcycle. A holder of either 24
a motor vehicle or motorcycle instruction permit may also operate a moped under 25
that permit. A person applying for an instruction permit under this section shall 26
make application to the circuit clerk of the county where the p erson 27
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resides[Transportation Cabinet] . A person applying for an instruction permit shall 1
be required to comply with the following: 2
(a) If the person is under the age of eighteen (18), the instruction permit 3
application shall be signed by the applicant's parent or legal guardian. If the 4
person does not have a living parent or does not have a legal guardian, the 5
instruction permit applicati on shall be signed by a person willing to assume 6
responsibility for the applicant pursuant to KRS 186.590; 7
(b) If the person is under the age of eighteen (18) and in the custody of the 8
Cabinet for Health and Family Services, the instruction permit applicat ion 9
shall be signed by: 10
1. The applicant's parent, legal guardian, grandparent, adult sibling, aunt, 11
or uncle if the parental rights have not been terminated in accordance 12
with KRS Chapter 625; 13
2. The foster parent with whom the applicant resides; 14
3. Another person who is at least age eighteen (18) and is willing to 15
assume responsibility for the applicant pursuant to KRS 186.590; or 16
4. The applicant, without another person, upon verification by the Cabinet 17
for Health and Family Services in accordance with K RS 605.102 that 18
shall include proof of financial responsibility in accordance with KRS 19
186.590(2); and 20
(c) All applicants for an instruction permit shall comply with the examinations 21
required by KRS 186.480. 22
(2) If an applicant successfully passes the exam inations required by KRS 186.480, the 23
applicant shall be issued an instruction permit upon payment of the fee set forth in 24
KRS 186.531. 25
(3) (a) An instruction permit to operate a motor vehicle shall be valid for four (4) 26
years and may be renewed. An instru ction permit to operate a motorcycle 27
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shall be valid for one (1) year and may be renewed one (1) time. 1
(b) Except as provided in KRS 186.415, a person who has attained the age of 2
sixteen (16) years and is under the age of eighteen (18) years shall have held 3
an instruction permit a minimum of one hundred eighty (180) days before 4
applying for an intermediate license and shall have held an intermediate 5
license for a minimum of one hundred eighty (180) days before applying for 6
an operator's license. 7
(c) A person who was under eighteen (18) years of age at the time of application 8
for an instruction permit and is eighteen (18) years of age or older shall have 9
the instruction permit a minimum of one hundred eighty (180) days and 10
complete a driver training program under KRS 186.410(4) before applying for 11
an operator's license. 12
(d) A person who is at least eighteen (18) years of age and is under the age of 13
twenty-one (21) years at the time of application for an instruction permit shall 14
have the instruction permit a min imum of one hundred eighty (180) days 15
before applying for an operator's license. 16
(e) A person who is at least twenty -one (21) years of age at the time of 17
application for an instruction permit shall have the instruction permit a 18
minimum of thirty (30) days before applying for an operator's license. 19
(f) In accordance with KRS 176.5062(5), a person whose motorcycle instruction 20
permit has expired may apply to the circuit clerk [cabinet] to receive a 21
motorcycle operator's license or endorsement if the person pres ents proof of 22
successful completion of a motorcycle safety education course approved by 23
the Transportation Cabinet under KRS 176.5061 to 176.5069. 24
(4) (a) A person shall have the instruction permit in his or her possession at all times 25
when operating a motor vehicle, motorcycle, or moped upon the highway. 26
(b) When operating a motor vehicle, a motor vehicle instruction permit holder 27
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shall be accompanied by a person with a valid operator's license who is at 1
least twenty-one (21) years of age occupying the seat beside the operator at all 2
times. 3
(c) The requirements of paragraph (b) of this subsection shall not apply to a 4
motor vehicle instruction permit holder being supervised on a multiple -5
vehicle driving range by a driver training instructor affiliated with a driver 6
training school licensed under KRS Chapter 332 or a public or nonpublic 7
secondary school. 8
(5) A person with an instruction permit who is under the age of eighteen (18) shall not 9
operate a motor vehicle, motorcycle, or moped between the hours of 12 midnight 10
and 6 a.m. unless the person can demonstrate good cause for driving, including but 11
not limited to emergencies, involvement in school -related activities, or involvement 12
in work-related activities. 13
(6) Except when accompanied by a driver training in structor affiliated with a driver 14
training school licensed under KRS Chapter 332 or a public or nonpublic secondary 15
school, a person with an instruction permit who is under the age of eighteen (18) 16
years shall not operate a motor vehicle at any time when accompanied by more than 17
one (1) unrelated person who is under the age of twenty (20) years. A peace officer 18
shall not stop or seize a person nor issue a uniform citation for a violation of this 19
subsection if the officer has no other cause to stop or seize the person other than a 20
violation of this subsection. This subsection shall not apply to any operator of a 21
vehicle registered under the provisions of KRS 186.050(4) who is engaged in 22
agricultural activities. 23
(7) A violation under subsection (4), (5), or (6 ) of this section, a conviction for a 24
moving violation under KRS Chapter 189 for which points are assessed by the 25
cabinet, or a conviction for a violation of KRS 189A.010(1) shall add an additional 26
minimum of one hundred eighty (180) days from the date of the violation before a 27
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person who is under the age of eighteen (18) years may apply for an intermediate 1
license to operate a motor vehicle, motorcycle, or moped. 2
(8) A person under the age of eighteen (18) who accumulates more than six (6) points 3
against h is or her driving privilege may have the driving privilege suspended 4
pursuant to KRS Chapter 186 or probated by the court. 5
(9) An applicant who presents evidence of successful completion of an approved rider 6
training course under KRS 176.5062 shall not be required to obtain a motorcycle 7
instruction permit prior to obtaining a motorcycle operator's license. 8
(10) The Transportation Cabinet shall promulgate administrative regulations, in 9
accordance with KRS Chapter 13A, to establish procedures for: 10
(a) Minors who reside with individuals in informal guardianship arrangements to 11
have an adult who resides with them sign the minor's application and assume 12
responsibility in accordance with subsection (1) of this section; 13
(b) Individuals who have signed for responsib ility under subsection (1) of this 14
section to rescind that assumption of responsibility; 15
(c) Notifying minors when an adult has rescinded responsibility under subsection 16
(1) of this section; and 17
(d) Allowing minors for whom an adult has rescinded responsibility under 18
subsection (1) of this section, to obtain a new signature of an individual 19
assuming responsibility without having to retake any examinations the minor 20
has successfully passed. 21
Section 15. KRS 186.480 is amended to read as follows: 22
(1) The Department of Kentucky State Police shall examine every applicant for an 23
operator's license as identified in KRS 186.635, except as otherwise provided in this 24
section. The examination shall be held in the county where the applicant resides 25
unless: 26
(a) The applicant is granted written permission by the circuit clerk of the county 27
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in which the applicant resides [Transportation Cabinet] to take the 1
examination in another county; or 2
(b) The applicant is tested using a bioptic telescopic device. 3
(2) The examination shall include a test of the applicant's eyesight to ensure 4
compliance with the visual acuity and visual field standards set forth in KRS 5
186.577. The vision testing outlined in this subsection shall be administered under 6
the provisions established in KRS 186.577 at, or prior to, the time of application. 7
The examination shall also include a test of the applicant's ability to read and 8
understand highway signs regulating , warning, and directing traffic, the applicant's 9
knowledge of traffic laws, and an actual demonstration of the applicant's ability to 10
exercise ordinary and reasonable control in the operation of a motor vehicle. The 11
provisions of this subsection shall not apply to an applicant who: 12
(a) At the time of application, holds a valid operator's license from another state, 13
provided that state affords a reciprocal exemption to a Kentucky resident; 14
(b) At the time of application for a motorcycle instruction permit o r motorcycle 15
operator's license, presents evidence of successful completion of an approved 16
rider training course under KRS 176.5062; or 17
(c) Is a citizen of the Commonwealth who has been serving in the United States 18
military and has allowed his or her operator's license to expire. 19
(3) In addition to the requirements of subsection (2) of this section, an applicant for a 20
motorcycle operator's license who does not present evidence of successful 21
completion of an approved rider training course under KRS 176.5062 shall be 22
required to show his or her ability to operate a motorcycle. An applicant who 23
successfully completes the skills portion of the test under this subsection on a: 24
(a) Three (3) wheeled motorcycle shall be issued a motorcycle operator's license 25
restricted to the operation of three (3) wheeled motorcycles under KRS 26
186.447; or 27
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(b) Two (2) wheeled motorcycle shall be issued a motorcycle operator's license 1
without the restriction identified in KRS 186.447, and may operate both two 2
(2) and three (3) wheeled motorcycles. 3
(4) Any person whose intermediate license or operator's license is denied, suspended, 4
or revoked for cause shall apply for reinstatement at the termination of the period 5
for which the license was denied, suspended, or revoked by submitting t o the 6
examination. The provisions of this subsection shall not apply to any person whose 7
license was suspended for failure to meet the conditions described in KRS 186.411 8
when, within one (1) year of suspension, the driving privileges of the person are 9
reinstated. 10
(5) An applicant shall not use an autocycle for road skills testing administered under 11
the provisions of this section. 12
(6) The Department of Kentucky State Police shall include, in the educational materials 13
it produces for prospective drivers, inf ormation about the purposes, processes, and 14
benefits of the organ donation program. 15
Section 16. KRS 186.510 is amended to read as follows: 16
The licensee shall have his or her license in his or her immediate possession at all times 17
when driving a motor vehicle and shall display it upon demand to a circuit clerk, a peace 18
officer, a member of the Department of Kentucky State Police, or a field deputy or 19
inspector of the Department of Vehicle Regulation or Transportation Cabinet or, pursuant 20
to KRS 67A.075 or 83A.088, a safety officer who is in the process of securing 21
information to complete an accident report. It shall be a defense to any charge under this 22
section if the person so charged produces in court an operator's licens e, issued to him or 23
her before his or her arrest and valid at the time of his or her arrest. 24
Section 17. KRS 186.520 is amended to read as follows: 25
(1) A person whose license , instruction permit, or personal identificati on card has 26
been legitimately lost or destroyed, shall apply to the circuit clerk of the county in 27
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which the most recent permanent license, instruction permit, or personal 1
identification card was obtained [Transportation Cabinet] in order to make 2
application for a duplicate license , instruction permit, or personal identification 3
card. The person shall furnish satisfactory proof by affidavit substantiating the loss 4
or destruction when applying for a duplicate[ license]. 5
(2) The fee for a duplicate license , instruction permit, or personal identification card 6
shall be according to the schedule set forth in KRS 186.531. 7
Section 18. KRS 186.531 is amended to read as follows: 8
(1) As used in this section: 9
(a) "AOC Fund" or "AOCF" means the Circuit Court clerk salary account 10
created in Section 34 of this Act; 11
(b) "GF" means the general fund; 12
(c)[(b)] "IP" means instruction permit; 13
(d)[(c)] "License Fund" or "LF" means the KYTC photo license account created 14
in KRS 174.056; 15
(e)[(d)] "MC" means motorcycle; 16
(f)[(e)] "MC Fund" or "MCF" means the motorcycle safety education program 17
fund established in KRS 176.5065; 18
(g)[(f)] "OL" means operator's license; and 19
(h)[(g)] "PIDC" means personal identification card. 20
(2) The fees imposed for voluntary travel ID operator's licen ses, instruction permits, 21
and personal identification cards shall be as follows. The fees received shall be 22
distributed as shown in the table. The fees shown, unless otherwise noted, are for an 23
eight (8) year period: 24
Card Type Fee LF AOCF GF MCF 25
OL (initial/renewal) $48 $38 $10 $0 $0 26
OL (Under 21) (Up to 4 years) $18 $13.50 $4.50 $0 $0 27
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Any OL, MC, or combination 1
(duplicate/corrected) $15 $9.25 $4 $1.75 $0 2
Motor vehicle IP (3 years) $18 $11 $5 $2 $0 3
Motorcycle IP (1 year) $18 $11 $2 $1 $4 4
Motorcycle OL (initial/renewal) $48 $28.50 $9.50 $0 $10 5
Combination vehicle/MC OL 6
(initial/renewal) $58 $35 $13 $0 $10 7
PIDC (initial/renewal) $28 $19 $6 $3 $0 8
PIDC (duplicate/corrected) $15 $10 $3.50 $1.50 $0 9
[ Card Type Fee LF GF MCF 10
OL (initial/renewal) $48 $48 $0 $0 11
OL (Under 21) (Up to 4 years) $18 $18 $0 $0 12
Any OL, MC, or combination 13
(duplicate/corrected) $15 $13.25 $1.75 $0 14
Motor vehicle IP (3 years) $18 $16 $2 $0 15
Motorcycle IP (1 year) $18 $13 $1 $4 16
Motorcycle OL (initial/renewal) $48 $38 $0 $10 17
Combination vehicle/MC OL 18
(initial/renewal) $58 $48 $0 $10 19
PIDC (initial/renewal) $28 $25 $3 $0 20
PIDC (duplicate/corrected) $15 $13.50 $1.50 $0] 21
(3) Except as provided in subsection (10) of this section, the fees imposed for standard 22
operator's licenses, instruction permits, and personal identification cards shall be as 23
follows. The fees received shall be distributed as shown in the table. The fees 24
shown[ and], unless otherwise noted, are for an eight (8) year period: 25
Card Type Fee LF AOCF GF MCF 26
OL (initial/renewal) $43 $35 $8 $0 $0 27
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OL (Under 21) (Up to 4 years) $15 $11.50 $3.50 $0 $0 1
Any OL, MC, or combination 2
(duplicate/corrected) $15 $9.25 $3 $1.75 $0 3
Motor vehicle IP (3 years) $15 $9 $4 $2 $0 4
Motorcycle IP (1 year) $15 $10 $1 $1 $4 5
Motorcycle OL (initial/renewal) $43 $25.50 $7.50 $0 $10 6
Combination vehicle/MC OL 7
(initial/renewal) $53 $32 $11 $0 $10 8
PIDC (initial/renewal) $23 $16 $4 $3 $0 9
PIDC (duplicate/corrected) $15 $10 $3.50 $1.50 $0 10
PIDC (no fixed address) under 11
KRS 186.4122(5)/186.4123(5) 12
(initial, duplicate, or corrected) $0 $0 $0 $0 $0 13
[ Card Type Fee LF GF MCF 14
OL (initial/renewal) $43 $43 $0 $0 15
OL (Under 21) (Up to 4 years) $15 $15 $0 $0 16
Any OL, MC, or combination 17
(duplicate/corrected) $15 $13.25 $1.75 $0 18
Motor vehicle IP (3 years) $15 $13 $2 $0 19
Motorcycle IP (1 year) $15 $10 $1 $4 20
Motorcycle OL (initial/renewal) $43 $33 $0 $10 21
Combination vehicle/MC OL 22
(initial/renewal) $53 $43 $0 $10 23
PIDC (initial/renewal) $23 $20 $3 $0 24
PIDC (duplicate/corrected) $15 $13.50 $1.50 $0 25
PIDC (no fixed address) under 26
KRS 186.4122(5)/186.4123(5) 27
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(initial, duplicate, or corrected) $0 $0 $0 $0] 1
(4) The fee for a four (4) year original or renewal license issued pursuant to KRS 2
186.4101 shall be fifty percent (50%) of the amount shown in subsections (2) and 3
(3) of this section. The distribution of fees shown in subsections (2) and (3) of this 4
section shall also be reduced by fifty percent (50%) for licenses that are issued for 5
four (4) years. 6
(5) Any fee for any identity document applied f or using alternative technology under 7
KRS 186.410 and 186.4122 shall be distributed in the same manner as a document 8
applied for in person with the circuit clerk[cabinet]. 9
(6) (a) An applicant for an original or renewal operator's license, permit, commerci al 10
driver's license, motorcycle operator's license, or personal identification card 11
shall be requested by the circuit clerk[cabinet] to make a donation to promote 12
an organ donor program. 13
(b) The donation under this subsection shall be added to the regular fee for an 14
original or renewal motor vehicle operator's license, permit, commercial 15
driver's license, motorcycle operator's license, or personal identification card. 16
One (1) donation may be made per issuance or renewal of a license or any 17
combination thereof. 18
(c) The fee shall be paid to the circuit clerk[cabinet] and shall be forwarded by 19
the clerk[cabinet] on a monthly basis to the Kentucky Circuit Court Clerks' 20
Trust for Life, and such moneys are hereby appropriated to be used 21
exclusively for the purpose of promoting an organ donor program. A donation 22
under this subsection shall be voluntary and may be refused by the applicant 23
at the time of issuance or renewal. 24
(7) In addition to the fees outlined in this section, the following individuals, upon 25
application for an initial or renewal operator's license, instruction permit, or 26
personal identification card, shall pay an additional application fee of thirty dollars 27
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($30), which shall be deposited in the photo license account: 1
(a) An applicant who is not a United States citizen or permanent resident and who 2
applies under KRS 186.4121 or 186.4123; or 3
(b) An applicant who is applying for a instruction permit, operator's license, or 4
personal identification card without a photo under KRS 186.4102(9). 5
(8) (a) Except for individuals exempted under paragraph (c) of this subsection, an 6
applicant for relicensing after revocation or suspension shall pay a 7
reinstatement fee of forty dollars ($40). 8
(b) The reinstatement fee under this subsection shall be distributed by the State 9
Treasurer as follows: 10
1. Thirty-five dollars ($35) shall be deposited into the photo license 11
account; and 12
2. Five dollars ($5) shall be deposited into a trust and agency fund to be 13
used in defraying the costs and expenses of administering a driver 14
improvement program for problem drivers. 15
(c) This subsection shall not apply to: 16
1. Any person whose license was suspended for failure to meet the 17
conditions set out in KRS 186.411 when, within one (1) year of 18
suspension, the driving privileges of the individual are reinstated; or 19
2. A student who has had his or her license revoked pursuant to KRS 20
159.051. 21
(9) As payment for any fee identified in this section, circuit clerks[the cabinet]: 22
(a) Shall accept cash and personal checks; 23
(b) May accept other methods of payment in accordance with KRS 45.345; and 24
(c) May enter into billing agreements with homeless shelters, health care 25
facilities, or social service agencies that serve individuals without an 26
established and fixed nighttime residence of regular return. 27
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(10) There shall be no fee assessed for the initial, renewal, or duplicate standard personal 1
identification card to an individual, if the individual: 2
(a) Does not possess a valid operator's license or a commercial driver's license; 3
and 4
(b) Is at least eighteen (18) years of age on or before the next regular election. 5
Section 19. KRS 186.540 is amended to read as follows: 6
(1) Except as provided in subsections (2) and (3) of this section, when any person, after 7
applying for or receiving an operator's license or personal identification card, 8
moves from the address named in the application or on the identity document issued 9
to the person, or when the name of a identity document holder is changed, by 10
marriage or otherwise, the person shall within ten (10) days after the change apply 11
to the circuit clerk in the person's county of residence [Transportation Cabinet] for 12
the issuance of a corrected license. The fee for a corrected license shall be as set 13
forth in KRS 186.531. 14
(2) If an identity document holder's street name or postal address is changed and the 15
person has not moved to a new residence, the person shall apply to the circuit clerk 16
in the person's county of residence [ cabinet] for a corrected identity document, 17
which shall be issued free of charge. 18
(3) If a person receives an identity document that contains an error, the person shall 19
apply to the circuit clerk to whom the perso n made application for the identity 20
document[cabinet] for a corrected identity document, which shall be issued free of 21
charge. 22
Section 20. KRS 186.577 is amended to read as follows: 23
(1) (a) The following persons shall submit to a test of visual acuity and visual field at 24
the time of application or renewal: 25
1. All persons applying for an initial or renewal operator's license; 26
2. All persons applying for an initial or renewal instruction permit; and 27
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3. Any person required to complete an examination under KRS 186.635. 1
(2) Vision testing under this section shall be administered to any person: 2
(a) Applying for an initial operator's license, an initial instruction permit, or 3
reinstatement of a license when vision must be tested as required in KRS 4
186.480: 5
1. Prior to the time of application under subsection (5) of this section; or 6
2. By Kentucky State Police at the time of application; 7
(b) Applying for operator's license renewal or instruction permit renewal: 8
1. Prior to the time of application under subsection (5) of this section; or 9
2. By the circuit clerk[Transportation Cabinet] at the time of application; 10
or 11
(c) Identified in Kentucky administrative regulations promulgated by the 12
Transportation Cabinet or the Kentucky State Police as being required to 13
undergo the exam required by KRS 186.480. 14
(3) (a) Persons whose visual acuity is 20/40 or better and who meet or e xceed the 15
visual field standard established by the Transportation Cabinet without 16
corrective lenses shall not have a restriction placed on their driving privileges. 17
(b) Persons whose visual acuity is 20/40 or better and who meet or exceed the 18
visual field standard established by the Transportation Cabinet with corrective 19
lenses shall have their driving privileges restricted to mandate the use of the 20
corrective lenses. 21
(c) If a person fails to meet a 20/40 visual acuity standard or the visual field 22
standard established by the cabinet, the person shall be referred to a vision 23
specialist for examination. 24
(4) A person referred to a vision specialist under subsection (3) of this section whose 25
visual acuity is 20/60 or better and who meets or exceeds the visual fi eld standard 26
established by the cabinet shall be eligible to test for an instruction permit or 27
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operator's license, or shall be eligible for operator's license renewal. If corrective 1
lenses were prescribed by the vision specialist, the person's driving priv ileges shall 2
be restricted to mandate the use of the corrective lenses. 3
(5) Vision tests administered under subsection (2)(a) of this section shall be deemed to 4
meet the testing provisions outlined in subsection (3) or (4) of this section, if the 5
person su bmits a driver vision testing form that complies with the provisions of 6
subsection (6) of this section and the form has been completed by: 7
(a) A vision specialist; or 8
(b) An osteopath, physician, or advanced practice registered nurse who is 9
credentialed by the cabinet to perform vision testing under this section. 10
(6) All driver vision testing forms completed under subsection (5) of this section shall: 11
(a) Attest that the applicant meets or exceeds the visual acuity standard and visual 12
field standard established by the cabinet; 13
(b) Only be valid if the vision specialist or the credentialed osteopath, 14
credentialed physician, or credentialed advanced practice registered nurse 15
signed and completed the vision testing form less than twelve (12) months 16
prior to the date of application or renewal; 17
(c) State whether the driving privileges of the applicant shall be restricted to 18
mandate the use of corrective lenses; and 19
(d) Clearly indicate that the vision testing under this section is a screening for 20
minimum vision standards established in this section and is not a complete 21
eye examination. 22
(7) Any person seeking application or permit under subsection (1) of this sect ion shall 23
attest that he or she has submitted to and passed the visual acuity and visual field 24
tests required under this section. 25
(8) Any person renewing an operator's license under KRS 186.416 shall be exempt 26
from the vision testing requirements outlined in this section. 27
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(9) Persons who meet the requirements of KRS 186.578 and are issued operator's 1
licenses under KRS 186.579 shall: 2
(a) Have their driving privileges restricted to the use of a bioptic telescopic 3
device; and 4
(b) Be exempt from this section. 5
(10) The Transportation Cabinet shall promulgate administrative regulations pursuant to 6
KRS Chapter 13A to implement the provisions of this section, including but not 7
limited to establishing visual field standards, the creation of a driver vision testing 8
form, and establishing a credentialing process for osteopaths, physicians, and 9
advanced practice registered nurses to conduct vision testing under this section. 10
(11) The Transportation Cabinet may promulgate administrative regulations pursuant to 11
KRS Chapter 13A to: 12
(a) Implement a system for electronic transmission of driver vision testing forms 13
and accompanying documentation; and 14
(b) Assess a fee to an applicant to cover the administrative costs of performing 15
on-site vision testing. Any funds received from this fee shall be deposited into 16
the photo license account established in KRS 174.056. 17
Section 21. KRS 186.580 is amended to read as follows: 18
(1) If the circuit clerk refuses to issue an operator's license, instruction p ermit, or 19
personal identification card to an applicant, the applicant may appeal the 20
decision of the circuit clerk to the cabinet. 21
(2) If any person is aggrieved by any final order of the cabinet relating to the denial, 22
revocation, suspension, or cancellat ion of an operator's license , instruction permit, 23
or personal identification card,[ or motorcycle operator's license] other than orders 24
of revocation or suspension when the facts render revocation or suspension 25
mandatory, the person [he] may file a petition for judicial review in the Circuit 26
Court of the county in which the person [he] resides, or in the Franklin Circuit 27
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Court in accordance with KRS Chapter 13B. 1
Section 22. KRS 186.010 is amended to read as follows: 2
As used in this chapter, unless otherwise indicated: 3
(1) "Cabinet," as used in KRS 186.400 to 186.640, means the Transportation Cabinet; 4
except as specifically designated, "cabinet," as used in KRS 186.020 to 186.270, 5
means the Transportation Cabinet only with re spect to motor vehicles, other than 6
commercial vehicles; "cabinet," as used in KRS 186.020 to 186.270, means the 7
Department of Vehicle Regulation when used with respect to commercial vehicles; 8
(2) "Highway" means every way or place of whatever nature when any part of it is 9
open to the use of the public, as a matter of right, license, or privilege, for the 10
purpose of vehicular traffic; 11
(3) "Manufacturer" means any person engaged in manufacturing motor vehicles who 12
will, under normal conditions during the yea r, manufacture or assemble at least ten 13
(10) new motor vehicles; 14
(4) "Motor vehicle" means in KRS 186.020 to 186.260, all vehicles, as defined in 15
paragraph (a) of subsection (8) of this section, which are propelled otherwise than 16
by muscular power. As used in KRS 186.400 to 186.640, it means all vehicles, as 17
defined in paragraph (b) of subsection (8) of this section, which are self -propelled. 18
"Motor vehicle" shall not include a moped as defined in this section, but for 19
registration purposes shall include lo w-speed vehicles and military surplus vehicles 20
as defined in this section and vehicles operating under KRS 189.283; 21
(5) "Moped" means either a motorized bicycle whose frame design may include one (1) 22
or more horizontal crossbars supporting a fuel tank so l ong as it also has pedals, or 23
a motorized bicycle with a step -through type frame which may or may not have 24
pedals rated no more than two (2) brake horsepower, a cylinder capacity not 25
exceeding fifty (50) cubic centimeters, an automatic transmission not req uiring 26
clutching or shifting by the operator after the drive system is engaged, and capable 27
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of a maximum speed of not more than thirty (30) miles per hour; 1
(6) "Operator" means any person in actual control of a motor vehicle upon a highway; 2
(7) (a) "Owner" means a person who holds the legal title of a vehicle or a person who 3
pursuant to a bona fide sale has received physical possession of the vehicle 4
subject to any applicable security interest. 5
(b) A vehicle is the subject of an agreement for the conditiona l sale or lease, with 6
the vendee or lessee entitled to possession of the vehicle, upon performance of 7
the contract terms, for a period of three hundred sixty -five (365) days or more 8
and with the right of purchase upon performance of the conditions stated i n 9
the agreement and with an immediate right of possession vested in the 10
conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to 11
possession, the conditional vendee or lessee or mortgagor shall be deemed the 12
owner. 13
(c) A licensed motor vehicle dealer who transfers physical possession of a motor 14
vehicle to a purchaser pursuant to a bona fide sale, and complies with the 15
requirements of KRS 186A.220, shall not be deemed the owner of that motor 16
vehicle solely due to an assig nment to his or her dealership or a certificate of 17
title in the dealership's name. Rather, under these circumstances, ownership 18
shall transfer upon delivery of the vehicle to the purchaser, subject to any 19
applicable security interest; 20
(8) (a) "Vehicle," as used in KRS 186.020 to 186.260, includes all agencies for the 21
transportation of persons or property over or upon the public highways of this 22
Commonwealth and all vehicles passing over or upon said highways, except 23
electric low-speed scooters, road rollers , road graders, farm tractors, vehicles 24
on which power shovels are mounted, such other construction equipment 25
customarily used only on the site of construction and which is not practical for 26
the transportation of persons or property upon the highways, such vehicles as 27
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travel exclusively upon rails, and such vehicles as are propelled by electric 1
power obtained from overhead wires while being operated within any 2
municipality or where said vehicles do not travel more than five (5) miles 3
beyond the city limit of any municipality. 4
(b) As used in KRS 186.400 to 186.640, "vehicle" means every device in, upon, 5
or by which any person or property is or may be transported or drawn upon a 6
public highway, except electric low -speed scooters, devices moved by human 7
and animal power or used exclusively upon stationary rails or tracks, or which 8
derives its power from overhead wires; 9
(9) KRS 186.020 to 186.270 apply to motor vehicle licenses. KRS 186.400 to 186.640 10
apply to operator's licenses; 11
(10) "Dealer" means any person e ngaging in the business of buying or selling motor 12
vehicles; 13
(11) "Commercial vehicles" means all motor vehicles that are required to be registered 14
under the terms of KRS 186.050, but not including vehicles primarily designed for 15
carrying passengers and ha ving provisions for not more than nine (9) passengers 16
(including driver), motorcycles, sidecar attachments, pickup trucks and passenger 17
vans which are not being used for commercial or business purposes, and motor 18
vehicles registered under KRS 186.060; 19
(12) "Resident" means any person who has established Kentucky as his or her state of 20
domicile. Proof of residency shall include but not be limited to a deed or property 21
tax bill, utility agreement or utility bill, or rental housing agreement. The possession 22
by an operator of a vehicle of a valid Kentucky operator's license shall be prima -23
facie evidence that the operator is a resident of Kentucky; 24
(13) "Special status individual" means: 25
(a) "Asylee" means any person lawfully present in the United States who 26
possesses an I -94 card issued by the United States Department of Justice, 27
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Immigration and Naturalization Service, on which it states "asylum status 1
granted indefinitely pursuant to Section 208 of the Immigration & Nationality 2
Act"; 3
(b) "K-1 status" means the s tatus of any person lawfully present in the United 4
States who has been granted permission by the United States Department of 5
Justice, Immigration and Naturalization Service to enter the United States for 6
the purpose of marrying a United States citizen with in ninety (90) days from 7
the date of that entry; 8
(c) "Refugee" means any person lawfully present in the United States who 9
possesses an I -94 card issued by the United States Department of Justice, 10
Immigration and Naturalization Service, on which it states " admitted as a 11
refugee pursuant to Section 207 of the Immigration & Nationality Act"; and 12
(d) "Paroled in the Public Interest" means any person lawfully present in the 13
United States who possesses an I -94 card issued by the United States 14
Department of Justic e, Immigration and Naturalization Service, on which it 15
states "paroled pursuant to Section 212 of the Immigration & Nationality Act 16
for an indefinite period of time"; 17
(14) "Instruction permit" includes both motor vehicle instruction permits and motorcycle 18
instruction permits; 19
(15) "Motorcycle" means any motor driven vehicle that has a maximum speed that 20
exceeds fifty (50) miles per hour, has a seat or saddle for the use of the operator, 21
and is designed to travel on not more than three (3) wheels in contact with the 22
ground, including vehicles on which the operator and passengers ride in an enclosed 23
cab. Only for purposes of registration, "motorcycle" shall include a motor scooter, 24
an alternative -speed motorcycle, and an autocycle as defined in this section, b ut 25
shall not include a tractor or a moped as defined in this section; 26
(16) "Low-speed vehicle" means a motor vehicle that: 27
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(a) Is self -propelled using an electric motor, combustion -driven motor, or a 1
combination thereof; 2
(b) Is four (4) wheeled; and 3
(c) Is designed to operate at a speed not to exceed twenty-five (25) miles per hour 4
as certified by the manufacturer; 5
(17) "Alternative-speed motorcycle" means a motorcycle that: 6
(a) Is self-propelled using an electric motor; 7
(b) Is three (3) wheeled; 8
(c) Has a fully enclosed cab and includes at least one (1) door for entry; 9
(d) Is designed to operate at a speed not to exceed forty (40) miles per hour as 10
certified by the manufacturer; and 11
(e) Is not an autocycle as defined in this section; 12
(18) "Multiple-vehicle driving range" means an enclosed area that is not part of a 13
highway or otherwise open to the public on which a number of motor vehicles may 14
be used simultaneously to provide driver training under the supervision of one (1) 15
or more driver training instructors; 16
(19) "Autocycle" means any motor vehicle that: 17
(a) Is equipped with a seat that does not require the operator to straddle or sit 18
astride it; 19
(b) Is designed to travel on three (3) wheels in contact with the ground; 20
(c) Is designed to operate at a speed that exceeds forty (40) miles per hour as 21
certified by the manufacturer; 22
(d) Allows the operator and passenger to ride either side-by-side or in tandem in a 23
seating area that may be enclosed with a removable or fixed top; 24
(e) Is equipped with a three (3) point safety belt system; 25
(f) May be equipped with a manufacturer-installed air bags or a roll cage; 26
(g) Is designed to be controlled with a steering wheel and pedals; and 27
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(h) Is not an alternative-speed motorcycle as defined in this section; 1
(20) "Military surplus vehicle" means a multipurpose wheeled surplus military vehicle 2
that: 3
(a) Is not operated using continuous tracks; 4
(b) Was originally manufactured for and sold directly to the Armed Forces of the 5
United States; and 6
(c) Was originally manufactured under the federally mandated requirements set 7
forth in 49 C.F.R. sec. 571.7; 8
(21) "Livestock" means cattle, sheep, swine, goats, horses, alpacas, lla mas, buffaloes, 9
and any other animals of the bovine, ovine, porcine, caprine, equine, or camelid 10
species; 11
(22) "Identity document" means an instruction permit, operator's license, or personal 12
identification card issued under KRS 186.4102, 186.412, 186.4121 , 186.4122, and 13
186.4123 or a commercial driver's license issued under KRS Chapter 281A; 14
(23) "Travel ID," as it refers to an identity document, means a document that complies 15
with Pub. L. No. 109-13, Title II; 16
(24) "Motor scooter" means a low-speed motorcycle that is: 17
(a) Equipped with wheels greater than sixteen (16) inches in diameter; 18
(b) Equipped with an engine greater than fifty (50) cubic centimeters; 19
(c) Designed to operate at a speed not to exceed fifty (50) miles per hour; 20
(d) Equipped with brake horsepower of two (2) or greater; and 21
(e) Equipped with a step-through frame or a platform for the operator's feet; 22
(25) "Alternative technology," as used in KRS 186.400 to 186.640, means methods used 23
by the cabinet to facilitate the issuance of operator's licenses and personal 24
identification cards outside of the normal in -person application at a circuit 25
clerk[cabinet] office, including but not limited to a cabinet mobile unit or online 26
services; 27
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(26) "Electric motorcycle" means the same as "motorcycle" or "motor scooter" as 1
defined in this section, that is powered by a: 2
(a) Battery or equivalent energy storage device that can be charged with an 3
electric plug using an external electricity source; or 4
(b) Combination of an internal combustion engine and electric motor; and 5
(27) "Electric vehicle" means any vehicle that has plug-in charging capability, regardless 6
of whether the vehicle is powered by: 7
(a) An electric motor only; or 8
(b) A combination of an internal combustion engine and electric power. 9
Section 23. KRS 189A.340 is amended to read as follows: 10
(1) (a) If a person's license is suspended pursuant to this chapter and the initial 11
suspension was for a violation of KRS 189A.010(1)(a), (b), (e), or (f), the sole 12
license the person shall be eligible for is an ignition interlock license pursuant 13
to this section. 14
(b) If a person's license is suspended pursuant to this chapter and the initial 15
suspension was for a violation of KRS 189A.010(1)(c) or (d), the person shall 16
be eligible for an ignition interlock license pursuant to this section and may be 17
eligible for a hardship license pursuant to KRS 189A.410. 18
(2) (a) A person may apply for an ignition interlock license anytime, including after 19
receiving the notices under KRS 189A.105 or after his or her license has been 20
suspended pursuant to this chapter. 21
(b) If at the time the person applies for an ignition interlock license, the person's 22
license has been suspended pursuant to this chapter, the person shall be 23
authorized to drive to: 24
1. An ignition interlock device provider to have a functioning ignition 25
interlock device installed in his or her motor vehicle or motorcycle; and 26
2. The circuit clerk's office in the person's county of 27
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residence[Transportation Cabinet] to apply for [obtain] an ignition 1
interlock license; 2
This paragraph shall only apply within fourteen (14) days of the date printed 3
on the ignition interlock approval letter issued by the Transportation Cabinet 4
and if the person has the ignition interlock approval letter in the motor vehicle 5
or motorcycle. 6
(3) Before the Transportation Cabinet shall issue an ig nition interlock license, the 7
person shall: 8
(a) Submit an application for an ignition interlock license; 9
(b) Provide proof of motor vehicle insurance; 10
(c) Provide an ignition interlock certificate of installation issued by an ignition 11
interlock device provider; and 12
(d) Provide any other information required by administrative regulations 13
promulgated by the Transportation Cabinet under KRS 189A.350. 14
(4) An ignition interlock license shall restrict the person to operating only a motor 15
vehicle or motorcycle equ ipped with a functioning ignition interlock device, unless 16
the person qualifies for an employer exemption under subsection (6) of this section. 17
This restriction shall remain in place for: 18
(a) If a person's license was suspended pretrial pursuant to KRS 189 A.200, the 19
required suspension period under KRS 189A.200(6); 20
(b) If a person's license was suspended pursuant to KRS 189A.070 or 189A.107: 21
1. The required suspension period under KRS 189A.070(1); and 22
2. a. If the maximum suspension period under KRS 189A.07 0(1)(a) has 23
not yet been met, until the Transportation Cabinet has received a 24
declaration from the person's ignition interlock device provider, in 25
a form provided or approved by the cabinet, certifying that none of 26
the violations outlined in subdivision b. of this subparagraph has 27
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occurred: 1
i. For a first offense within a ten (10) year period of KRS 2
189A.010(1)(a), (b), (c), (d), or (e) or for any offense of KRS 3
189A.010(1)(f), in the ninety (90) consecutive days; and 4
ii. For all subsequent offenses within a ten (10) year period of 5
KRS 189A.010(1)(a), (b), (c), (d), or (e), one hundred twenty 6
(120) consecutive days; 7
prior to the date of releasing the ignition interlock device 8
restriction. 9
b. If any of the following occur, it shall be a violation of the nine ty 10
(90) or one hundred twenty (120) consecutive day requirement: 11
i. Failure to take any random breath alcohol concentration test 12
unless a review of the digital image confirms that the motor 13
vehicle or motorcycle was not occupied by a driver at the 14
time of the missed test; 15
ii. Failure to pass any random retest with a breath alcohol 16
concentration of 0.02 or lower unless a subsequent test 17
performed within ten (10) minutes registers a breath alcohol 18
concentration lower than 0.02, and the digital image 19
confirms the same person provided both samples; 20
iii. Failure of the person, or his or her designee, to appear at the 21
ignition interlock device provider when required for 22
maintenance, repair, calibration, monitoring, inspection, or 23
replacement of the device; 24
iv. Failure of the person to pay fees established p ursuant to 25
subsection (7) of this section; 26
v. Tampering with an installed ignition interlock device with 27
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the intent of rendering it defective; or 1
vi. Altering, concealing, hiding, or attempting to alter, conceal, 2
or hide, the person's identity from the ign ition interlock 3
device's camera while providing a breath sample; 4
(c) If a person's license was suspended pursuant to KRS 189A.090, for the 5
required suspension period under KRS 189A.090(2); or 6
(d) If a person's license suspension was extended pursuant to KR S 189A.345, the 7
required suspension period under KRS 189A.345(1). 8
(5) (a) The time period a person: 9
1. Holds a valid ignition interlock license pursuant to this section; or 10
2. Receives alcohol or substance abuse treatment in an inpatient residential 11
facility; 12
shall apply on a day -for-day basis toward satisfying the suspension periods 13
detailed in subsection (4) of this section. 14
(b) Except as provided in paragraph (c) of this subsection, the Transportation 15
Cabinet shall give the person a day -for-day credit f or any time period the 16
person: 17
1. Held a valid ignition interlock license; or 18
2. Received alcohol or substance abuse treatment in an inpatient residential 19
facility. 20
(c) A person shall not receive day -for-day credit for days the person utilized the 21
employer exemption in accordance with subsection (6) of this section and 22
drove an employer's motor vehicle or motorcycle not equipped with a 23
functioning ignition interlock device. 24
(6) (a) A person with an ignition interlock license may operate a motor vehicle or 25
motorcycle not equipped with a functioning ignition interlock device if: 26
1. The person is required to operate an employer's motor vehicle or 27
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motorcycle in the course and scope of employment; and 1
2. The business entity that owns the motor vehicle or motorcyc le is not 2
owned or controlled by the person. 3
(b) To qualify for the employer exemption, the person shall provide the 4
Transportation Cabinet with a sworn statement from his or her employer 5
stating that the person and business entity meet the requirements of paragraph 6
(a) of this subsection. 7
(7) (a) Except as provided in paragraph (c) of this subsection, an ignition interlock 8
device provider may charge the following fees: 9
1. An installation fee for an alternative fuel vehicle or a vehicle with a 10
push button s tarter not to exceed one hundred thirty dollars ($130), an 11
installation fee for all other vehicles not to exceed one hundred dollars 12
($100); 13
2. A monthly fee not to exceed one hundred dollars ($100); 14
3. A removal fee not to exceed thirty dollars ($30); 15
4. A reset fee not to exceed fifty dollars ($50); or 16
5. A missed appointment fee not to exceed thirty-five dollars ($35). 17
(b) A person who is issued an ignition interlock license shall pay fees as 18
established in his or her lease agreement with the ignition in terlock device 19
provider for any ignition interlock device installed in his or her motor vehicle 20
or motorcycle. However, the fees shall never be more than allowed under 21
paragraph (a) of this subsection and are subject to paragraph (c) of this 22
subsection. 23
(c) Any person who has an income: 24
1. At or below two hundred percent (200%) but above one hundred fifty 25
percent (150%) of the federal poverty guidelines, shall pay only 26
seventy-five percent (75%) of fees established pursuant to paragraph (a) 27
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of this subsection; 1
2. At or below one hundred fift y percent (150%) but above one hundred 2
percent (100%) of the federal poverty guidelines, shall pay only fifty 3
percent (50%) of fees established pursuant to paragraph (a) of this 4
subsection; or 5
3. At or below one hundred percent (100%) of the federal povert y 6
guidelines, shall pay only twenty -five percent (25%) of fees established 7
pursuant to paragraph (a) of this subsection; 8
As used in this paragraph, "federal poverty guidelines" has the same meaning 9
as in KRS 205.5621. The Transportation Cabinet shall dete rmine the person's 10
income and where that income places the person on the federal poverty 11
guidelines. 12
(d) Neither the Commonwealth, the Transportation Cabinet, nor any unit of state 13
or local government shall be responsible for payment of any costs associate d 14
with an ignition interlock device. 15
(8) For a person issued an ignition interlock license under this section who is residing 16
outside of Kentucky, the Transportation Cabinet may accept an ignition interlock 17
certificate of installation from an ignition interlock device provider authorized to do 18
business in the state where the person resides if the ignition interlock device meets 19
the requirements of that state. 20
Section 24. KRS 281A.090 is amended to read as follows: 21
(1) Except when driving under a commercial learner's permit and accompanied by the 22
holder of commercial driver's license valid for the vehicle being driven, no person 23
shall drive a commercial motor vehicle on the highways of this state unless the 24
person holds a valid commercial driver's license with applicable endorsements valid 25
for the vehicle he or she is driving. 26
(2) No person shall drive a commercial motor vehicle on the highways of this state 27
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while his or her driving privilege for a commercial or noncommercial motor vehicle 1
is suspended, revoked, or canceled, or while he or she is subject to a 2
disqualification, or in violation of an out-of-service order. 3
(3) The licensee shall have in his or her immediate possession at all times when 4
operating a motor vehicle his or her commercial driver's license, and shall display 5
the license upon demand to a circuit clerk, the Transportation Cabinet, a license 6
examiner, a peace officer, a State Police officer, or an inspector or officer of the 7
Department of Vehicle Regulatio n. It shall be a defense to a violator of this 8
subsection if the person so charged produces in court a commercial driver's license, 9
issued to him or her before his or her arrest or violation and which was valid at that 10
time. 11
Section 25. KRS 281A.130 is amended to read as follows: 12
(1) A person shall not be issued a commercial driver's license unless that person: 13
(a) Is a resident of this state; 14
(b) Holds a valid operator's license; 15
(c) Has complied with the provisions of KRS 281A.300; 16
(d) Except as provided in KRS 281A.165, has passed the knowledge and skills 17
tests for driving a commercial motor vehicle which comply with minimum 18
federal standards established by federal regulation enumerated in 49 C.F.R. pt. 19
383, as adopted by the cabinet; and 20
(e) Has satisfied all other safety requirements including those requirements 21
imposed by state law or federal regulation. The tests shall be prescribed and 22
conducted as set forth in KRS 281A.160. 23
(2) A commercial driver's license or comm ercial learner's permit shall not be issued to 24
a person while the person is subject to a disqualification from driving a commercial 25
motor vehicle or while the person's driver's license or driving privilege is 26
suspended, revoked, or canceled in any state or jurisdiction. 27
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(3) A commercial driver's license shall not be issued to a person who has a commercial 1
driver's license issued by any other state unless the person first surrenders all such 2
licenses, which shall be returned to the issuing jurisdiction for cancellation. 3
(4) To ensure that an applicant for a commercial driver's license or commercial 4
learner's permit complies with the requirements of subsections (2) and (3) of this 5
section, the circuit clerk [Transportation Cabinet] shall verify through the 6
commercial driver's license information system and national driver register that the 7
person applying for a Kentucky CDL does not currently have his or her operator's 8
license or driving privilege suspended or revoked in another licensing jurisdiction. 9
If the pe rson's operator's license or driving privilege is currently suspended or 10
revoked in another licensing jurisdiction, the circuit clerk[Transportation Cabinet] 11
shall not issue the person a Kentucky CDL until the person resolves the matter in 12
the other licensing jurisdiction and complies with the provisions of this chapter and 13
KRS Chapter 186. 14
Section 26. KRS 281A.140 is amended to read as follows: 15
(1) The application for a commercial driver's license or commercial learner's permit 16
shall include the following information: 17
(a) The applicant's full legal name, any nicknames or other names by which he or 18
she is known, and present Kentucky resident address. If the applicant's 19
mailing address is different from the resident address, the mailing address 20
shall also be included; 21
(b) A physical description of the applicant including sex, height, weight, eye 22
color, and race; 23
(c) The applicant's date of birth; 24
(d) The applicant's Social Security number; 25
(e) The applicant's signature; 26
(f) Certifications including those required by 49 C.F.R. secs. 383.71, 383.73, and 27
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384.206, as adopted by the cabinet; 1
(g) A consent to release driving record information; 2
(h) A valid Class D operator's license issued pursuant to KRS 186.4102 and 3
186.412; 4
(i) A birth certificate if the applicant does not hold a valid operator's license at 5
the time of application; 6
(j) The name of every jurisdiction in which the applicant has previously been 7
licensed to drive any type of motor vehicle during the ten (10) year period 8
immediately preceding the date of the application; and 9
(k) Any other information required by the cabinet. 10
(2) The cabinet or state police may require any other information needed in order to 11
process the application. 12
(3) When the holder of a commercial driver's license changes his or her n ame or 13
residence, the information shall be reported to the cabinet within ten (10) days. The 14
holder of a Class A, B, or C license shall make an application for a duplicate license 15
within thirty (30) days of changing his or her name or address. 16
(4) Any pers on whose commercial driver's license has been legitimately lost or 17
destroyed shall make an application for a duplicate. A person applying for a 18
duplicate within the time period for which the original license was issued shall 19
apply to the office of the circ uit clerk in the county where the person 20
resides[Transportation Cabinet] . The person shall provide the clerk[cabinet] with 21
proof of the person's identity and a notarized affidavit with a raised seal explaining 22
in detail the loss or destruction of the original license. 23
(5) A person who is a resident of this state shall not drive a commercial motor vehicle 24
under the authority of a commercial driver's license issued by another jurisdiction. 25
(6) Any person who knowingly falsifies information or certifications r equired to obtain 26
a commercial driver's license, a commercial driver's license permit, or a duplicate 27
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commercial driver's license subsequent to an administrative hearing conducted in 1
accordance with KRS 186.570, shall be subject to suspension, revocation, or 2
cancellation of his or her commercial driver's license for a period of at least sixty 3
(60) consecutive days. 4
Section 27. KRS 281A.150 is amended to read as follows: 5
(1) Every person seeking a commercial driver's license or a commercial learner's permit 6
shall first apply in person to the circuit clerk of the county in which the applicant: 7
(a) Resides; or 8
(b) Is enrolled in a driver training school, if the applicant is not a Kentucky 9
resident[cabinet]. 10
(2) The application shall be in the form prescribed by KRS 281A.140 as provided by 11
the cabinet. Except as provided in KRS 281A.160(6), each time a person applies for 12
a commercial driver's license, a commercial learner's permit, or seeks to upgrade or 13
change his or her commercial driver's license, the person shall be required to: 14
(a) Update the application; and 15
(b) Submit the appropriate fee to the circuit clerk[cabinet]. 16
(3)[(2)] In addition to the fees for an operator's license under KRS 186.531, the 17
cabinet shall set fees by administrative regulation, in accordance with KRS Chapter 18
13A, for the following applications that shall not exceed: 19
(a) Forty dollars ($40) for each application for a commercial driver's license. The 20
fee shall be based on the class, type of license, en dorsement, restriction, or 21
tests to be taken; 22
(b) Thirty-five dollars ($35) for each application for a commercial learner's 23
permit; 24
(c) Fifteen dollars ($15) for each application for a change or addition in class or 25
type of license, endorsement, or restriction; and 26
(d) Forty dollars ($40) for each application for a duplicate if it is the first 27
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duplicate applied for within the time period for which the original license was 1
issued. Sixty dollars ($60) for a second or subsequent duplicate applied for 2
within th e time period for which the original license was issued. The fees 3
required for a duplicate shall be in addition to fees charged under 4
paragraph[subsection (2)] (c) of this subsection[section]. 5
(4)[(3)] In addition to the fees for an operator's license KRS 186.531, the cabinet shall 6
set fees by administrative regulation in accordance with KRS Chapter 13A, for the 7
following commercial driver's licenses that shall not exceed: 8
(a) Forty-five dollars ($45) for each initial or renewal of a commercial driver's 9
license; 10
(b) Sixty dollars ($60) for each transfer of a commercial driver's license; and 11
(c) Thirty dollars ($30) for each initial or renewal of a commercial driver's 12
license with an "S" endorsement. 13
(5)[(4)] All fees remitted to the circuit clerk [cabinet] shall be nonrefundable 14
regardless of whether the applicant completes the requirements for a commercial 15
driver's license or is tested. 16
(6)[(5)] All fees collected for the issuance of a commercial driver's license or a 17
commercial learner's permit shall be deposited into trust and agency accounts to be 18
used exclusively for the administration and implementation of this chapter, except 19
as prescribed in subsection (7)[(6)] of this section. The accounts shall not lapse but 20
shall be continuing from year to year. 21
(7)[(6)] All fees collected pursuant to this section shall be allocated between the 22
Transportation Cabinet and Department of Kentucky State Police, except a fifty 23
cent ($0.50) issuance fee shall be allocated to the general fund from is suance of a 24
commercial driver's license permit and a three dollar ($3) issuance fee shall be 25
allocated to the general fund from issuance of a commercial driver's license. 26
(8)[(7)] Any applicant who seeks reinstatement of his or her commercial driving 27
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privilege after a suspension, withdrawal, revocation, or disqualification shall pay a 1
reinstatement fee of fifty dollars ($50) in addition to those fees required by 2
subsection (2) of this section and shall satisfy the requirements of KRS 281A.160. 3
This fee shal l not be required if his or her commercial driving privilege was 4
withdrawn only as a result of the withdrawal of his or her privilege to drive a 5
noncommercial motor vehicle. 6
(9)[(8)] As payment for any fee identified in this section, the circuit clerk[cabinet]: 7
(a) Shall accept cash and personal checks; and 8
(b) May accept other methods of payment in accordance with KRS 45.345. 9
Section 28. KRS 281A.160 is amended to read as follows: 10
(1) (a) Except as provided in subsection (4) of this section, the State Police shall be 11
responsible for administering both the knowledge and skills test required by 12
KRS 281A.130. 13
(b) Prior to taking the knowl edge test, a first -time applicant for a hazardous 14
materials endorsement shall complete the entry level driver training required 15
under 49 C.F.R. pt. 380. 16
(c) Applicants who fail the written knowledge test shall be permitted to retake the 17
written test on the next day the tests are administered. Applicants who fail the 18
written test six (6) times shall be required to wait three (3) days before taking 19
the knowledge test again. Applicants who subsequently fail the written test 20
three (3) additional times shall be required to wait three (3) days prior to 21
retaking the test. 22
(2) (a) Except as provided for in subsection (3) of this section, at the time a CDL 23
permit is issued: 24
1. An applicant who has held a Kentucky operator's license for thirty (30) 25
days or longer shall pay a skills-testing fee of fifty dollars ($50); and 26
2. An applicant who has held a Kentucky operator's license for less than 27
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thirty (30) days or an applicant who holds an out -of-state operator's 1
license and commercial learner's permit shall pay a skills -testing fee of 2
one hundred fifty dollars ($150). 3
(b) There is created within the State Treasury a trust fund to be known as the 4
State Police CDL skills -testing fund. The fund shall be administered by the 5
State Police and shall receive all skills -testing a nd retesting fees collected 6
under paragraph (a) of this subsection and subsection (6)(e) of this section, in 7
addition to any grants, gifts, or appropriations of state or federal moneys and 8
any interest earned on moneys in the fund. Moneys in the fund shall not lapse 9
and shall be carried forward to the next succeeding fiscal year. The State 10
Police CDL skills -testing fund shall be used by the State Police to contract 11
with and train civilian CDL skills examiners and to improve the logistics of 12
the CDL skills-testing process. 13
(c) The State Police, upon request of an applicant who has passed both the vision 14
and knowledge tests, and has successfully completed all of the entry level 15
driver training required under 49 C.F.R. pt. 380 for the license class and 16
endorsements the applicant seeks, may schedule the applicant for the skills 17
test at the first available test date at a test site designated by the State Police 18
but not less than fourteen (14) days after the applicant has filed the application 19
and been issued a CDL permit. Except in extenuating circumstances, a retest 20
for a failed portion of the skills test shall be given within three (3) days of a 21
request of a retest. 22
(d) An applicant shall provide a class representative commercial vehicle, for the 23
class of CDL for which the applicant is testing, in which to take the skills test. 24
Unless the State Police grant an exemption at the time the application for 25
testing is made, the vehicle supplied under this paragraph shall be unloaded. 26
Upon arrival for the skills test, th e applicant shall have in his or her 27
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possession a valid Kentucky operator's license and a valid CDL permit. A 1
CDL-licensed driver who is at least twenty -one (21) years old shall 2
accompany the applicant at all times the applicant is in operation of a 3
commercial vehicle. 4
(3) A testing fee shall not be charged to: 5
(a) An individual applying for a CDL with an "S" endorsement as defined in KRS 6
281A.170; or 7
(b) Military personnel applying for a CDL under KRS 281A.165. 8
(4) The State Police may authorize a third party to administer the skills test specified by 9
this section if: 10
(a) The test is the same that would otherwise be administered by the state; and 11
(b) The third party has entered into an agreement with this Commonwealth which 12
complies with requirements of 49 C.F.R. sec. 383.75, as adopted by the 13
Transportation Cabinet. 14
(5) The State Police shall promulgate administrative regulations in accordance with 15
KRS Chapter 13A that establish procedures that ensure an arm's -length relationship 16
is maintained between a thi rd-party tester and any owner, officer, or employee of 17
any program offering commercial truck driving under the Kentucky Community 18
and Technical College System or a proprietary school licensed under KRS Chapter 19
165A. 20
(6) (a) Applicants shall be permitted to take the skills test for a particular class 21
vehicle an unlimited number of times; however, an applicant shall not retest 22
more than one (1) time in any twenty-four (24) hour period. 23
(b) The skills test shall consist of three (3) separate portions: pre -trip inspection, 24
basic maneuvering, and road skills. An applicant must achieve a score of at 25
least eighty percent (80%) on each portion of the skills test before a CDL may 26
be issued to the a pplicant. An applicant who passes one (1) or more portions 27
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of the skills test but does not pass all portions of the skills test shall retest only 1
on those portions of the skills test the applicant failed. 2
(c) An applicant who fails any portion of the skill s test four (4) times shall be 3
notified by the State Police that the applicant is required to wait one (1) week 4
before retaking a portion of this skills test again. 5
(d) Failure of an applicant to notify the State Police at least forty -eight (48) hours 6
prior to missing an appointment for a skills test, or provide a written medical 7
excuse from a licensed physician, advanced registered nurse practitioner, or 8
physician's assistant, shall be considered a failure on all parts of the skills test 9
scheduled to be gi ven for the purposes of determining number of failures, 10
waiting periods, and retesting fees under paragraphs (c) and (e) of this 11
subsection for individual applicants. The fees for a missed appointment failure 12
shall be forfeited and retained in the State Po lice CDL skills -testing fund 13
established under this section. If the forty -eight (48) hour notice or medical 14
excuse is given, the fee shall be applied to the rescheduled test. A missed 15
appointment failure under this paragraph shall not be reported as a fail ure to 16
the board. 17
(e) Except as provided for in paragraph (d) of this subsection, at the time of 18
application for a retest under this subsection, the applicant shall pay a 19
retesting fee of fifty dollars ($50). 20
(7) (a) An applicant who seeks reinstatement of a commercial driver's license after a 21
suspension, withdrawal, revocation, or disqualification of less than one (1) 22
year shall pay the reinstatement fee as prescribed by KRS 281A.150 (8)[(7)] 23
and shall receive his or her commercial driver's license with all endorsement 24
and restrictions that were in effect at the time of suspension. An applicant who 25
seeks reinstatement of a commercial driver's license after a suspension, 26
withdrawal, revocation, or disqualification of one (1) year or more shall 27
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submit to the skills, knowledge, and vision tests. 1
(b) Subject to paragraphs (c) and (d) of this subsection, a person who possessed a 2
Kentucky commercial driver's license that has expired for a period of less than 3
five (5) years and was not subject to suspension, withdra wal, revocation, or 4
disqualification for any reason at the time of expiration may have that license 5
reinstated, with all endorsements, without submitting to the skills and 6
knowledge tests by applying to the cabinet for renewal. Upon submission of 7
medical c ertification, driver self -certifications required under KRS 8
281A.140(1)(f), successful completion of any necessary criminal background 9
check, and review of the person's driving history record, the cabinet shall 10
issue a renewal CDL, with all endorsements, t o an applicant under this 11
paragraph. 12
(c) A person who otherwise meets the requirements of paragraph (b) of this 13
subsection whose CDL was subject to suspension or revocation solely for 14
failure to provide medical certification may apply for renewal of a CDL under 15
paragraph (b) of this subsection. 16
(d) If the CDL held by a person who otherwise meets the requirements of 17
paragraph (b) of this subsection carried a hazardous materials endorsement, 18
and the applicant wishes to retain that endorsement, he or she shall complete 19
any examinations required for a hazardous materials endorsement renewal in 20
KRS 281A.180(2) prior to renewing the CDL under paragraph (b) of this 21
subsection. 22
(8) (a) The commissioner of the Department of Kentucky State Police shall 23
promulgate administrative regulations in accordance with KRS Chapter 13A 24
to implement the provisions of this section. 25
(b) The State Police shall promulgate administrative regulations in accordance 26
with KRS Chapter 13A to set forth the qualifications for contract examiner s 27
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retained under subsection (2)(b) of this section. 1
Section 29. KRS 281A.300 is amended to read as follows: 2
(1) (a) Any person initially applying for, or renewing, a Kentucky CDL or CLP shall 3
be required to undergo a sta te and national criminal history background check 4
of state and federal wanted or "hot file" records conducted by the State Police. 5
(b) All initial and renewal application forms for a Kentucky CDL or CLP shall 6
conspicuously state the following: "STATE LAW R EQUIRES A STATE 7
AND NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AS A 8
CONDITION OF APPLYING FOR A KENTUCKY CDL. ANY PERSON 9
WHO REFUSES TO SUBMIT TO A CRIMINAL HISTORY 10
BACKGROUND CHECK SHALL NOT BE ELIGIBLE TO APPLY FOR, 11
OR BE ISSUED, A KENTUCKY CDL." 12
(2) The results of the state and national criminal history background checks shall be 13
sent to the cabinet for review within seventy -two (72) hours. An applicant for a 14
CLP may enroll in a commercial driver training program under the Kentucky 15
Community and Technica l College System or a proprietary school licensed under 16
KRS Chapter 165A, and may be issued a CLP upon enrollment, however the status 17
of the applicant retaining the CLP shall not be determined until the results of the 18
background checks are made available t o the cabinet. The cabinet shall inform an 19
applicant and the circuit clerk , based upon the criminal history background check, 20
of the applicant's eligibility to be issued a CLP or CDL. The cabinet shall 21
promulgate administrative regulations in accordance wi th KRS Chapter 13A to 22
specify conditions that will cause a person to be denied a CLP or CDL based upon 23
the person's criminal history background check. 24
(3) Any fee charged by the State Police to conduct a criminal history background check 25
shall be paid by t he applicant and shall not be refundable. Any fee charged to 26
conduct a criminal history background check shall be an amount not greater than 27
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the actual cost of processing the request and conducting the search. 1
(4) The criminal history background checks required by this section shall be in addition 2
to any type of background check that may be required by federal statute, rule, 3
regulation, or order. 4
Section 30. KRS 281A.320 is amended to read as follows: 5
Any person initially renewing a commercial driver's license or adding an endorsement 6
after September 30, 2002, shall apply for the renewal at least thirty (30) days prior to the 7
expiration date of the license. The purpose of the early renewal procedures is to ensure 8
the criminal history background check required under KRS 281A.300 may be completed 9
prior to the expiration date on the license. A person may obtain the information necessary 10
to conduct the criminal history background check from the circuit clerk[cabinet]. If the 11
person has a law enforcement agency other than the State Police conduct the background 12
check, the law enforcement agency may charge the person a nonrefundable fee for the 13
service. Any fee charged by any law enforcement agency to conduct a criminal history 14
background check shall be an amount not greater than the actual cost of processing the 15
request and conducting the search. 16
Section 31. KRS 116.0452 is amended to read as follows: 17
(1) For the purpose of determining whether a voter registration application is received 18
during the period in which registration books are open under KRS 116.045(2), an 19
application shall be deemed timely received: 20
(a) In the case of registration with a motor vehicle driver's license application, if 21
the valid voter registration form of the applicant is accepted by the circuit 22
clerk[Transportation Cabinet] before the registration books are closed; 23
(b) In the case of registration by mail, if the valid voter registration form of the 24
applicant is legibly postmarked before the registration books are closed; 25
(c) In the case of registration with a voter registration agency, if the valid voter 26
registration form of the applicant is accepted at the voter registration agency 27
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before the registration books are closed; and 1
(d) In any other case, if the valid voter registration form of the applicant is 2
received by the appropriate county clerk, no later than 4 p.m. local time, 3
before the registration books are closed. 4
(2) The county clerk shall send notice to each appli cant of the disposition of the 5
application. 6
(3) The name of a registered voter shall not be removed from the registration books 7
except: 8
(a) Upon request of the voter; 9
(b) As provided by KRS 116.113, upon notice of death, declaration of 10
incompetency, excusal from jury duty for not being a United States citizen, or 11
conviction of a felony; or 12
(c) Upon failure to respond to a confirmation mailing sent pursuant to KRS 13
116.112(3) and failure to vote or appear to vote and, if necessary, correct the 14
registration record of the voter's address in an election during the period 15
beginning on the date of the notice and ending on the day after the date of the 16
second general election for Fe deral office that occurs after the date of the 17
notice. 18
(4) The identity of the voter registration agency or circuit clerk's [Transportation 19
Cabinet] office through which any particular voter is registered shall not be 20
disclosed to the public. 21
Section 32. KRS 116.0455 is amended to read as follows: 22
(1) (a) Each motor vehicle driver's license application, including any renewal 23
application, submitted to the appropriate motor vehicle authority shall serve as 24
an application for voter registration unless the applicant fails to sign the voter 25
registration application. 26
(b) An application for voter registration submitted under paragraph (a) of this 27
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subsection shall be considered as updating any previous voter registration by 1
the applicant. 2
(2) No information relating to the failure of an applicant for a motor vehicle driver's 3
license to sign a voter registration application may be used for any purpose other 4
than voter registration. 5
(3) (a) The Transportation Cabinet shall include a v oter registration application form 6
as part of an application for a motor vehicle driver's license. 7
(b) The voter registration application portion of an application for a motor vehicle 8
driver's license shall comply with the requirements of Section 5 of Public Law 9
103-31, the National Voter Registration Act of 1993. 10
(4) Any change of address form submitted for purposes of a motor vehicle driver's 11
license shall serve as notification of change of address for voter registration for the 12
registrant involved unless the registrant states on the form that the change of 13
address is not for voter registration purposes. 14
(5) (a) A completed voter registration portion of an application for a motor vehicle 15
driver's license accepted by the circuit clerk[Transportation Cabinet] shall be 16
transmitted to the county clerk of the county of the applicant's voting 17
residence not later than ten (10) days after the date of acceptance. 18
(b) If a voter registration application is accepted within five (5) days before the 19
last day for registr ation to vote in an election, the application shall be 20
transmitted to the county clerk of the county of the applicant's voting 21
residence not later than five (5) days after the date of acceptance. 22
(6) The circuit clerk [Transportation Cabinet] shall provide to the county clerk a 23
declination statement signed by an applicant if the applicant has declined to register 24
to vote. 25
Section 33. KRS 116.085 is amended to read as follows: 26
(1) When a voter changes his or her place of re sidence to another location within the 27
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county, the clerk shall, upon application of the voter in person, by mail, or through 1
the circuit clerk[Transportation Cabinet], transfer the voter's registration record to 2
the proper precinct. 3
(2) When a registered voter changes his or her place of residence from one (1) precinct 4
to another within the same county before the registration books are closed and fails 5
to transfer his or her registration with the county clerk prior to the date the 6
registration books are clo sed, the voter shall be permitted to update the voting 7
records and to vote in the present election at the appropriate precinct for the current 8
address upon affirmation of his or her current address and signing the precinct list 9
as set forth in KRS 117.225. Before being permitted to vote, the voter shall also 10
confirm his or her identity as required in KRS 117.227 and complete the affidavit 11
which is required to be completed by a voter whose right to vote has been 12
challenged. The subscribed oaths shall be delivered to the county clerk and 13
investigated in accordance with KRS 117.245. 14
(3) When a registered voter changes his or her place of residence from one (1) precinct 15
to another precinc t within the same county after the registration books close, the 16
voter shall be permitted to vote in the present election at the appropriate precinct for 17
the current address upon affirmation of his or her current address and signing the 18
precinct list as se t forth in KRS 117.225. Before being permitted to vote, the voter 19
shall confirm his or her identity as required by KRS 117.227 and complete the 20
affidavit which is required to be completed by a voter whose right to vote is 21
challenged. The subscribed oaths s hall be delivered to the county clerk and 22
investigated in accordance with KRS 117.245. 23
(4) (a) When the boundaries of a precinct are changed by law, placing a registered 24
voter in a new or different precinct, the clerk shall automatically transfer the 25
voter's registration record to the proper precinct and mail the voter a notice of 26
the change. 27
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(b) When the General Assembly enacts a new redistricting plan, the clerk shall 1
mail each voter a notice informing the voter of his or her current district 2
number, State Representative, and State Senator. 3
(5) A voter who has changed his or her name may indicate the change at the precinct 4
on election day by completing the form provided for this purpose by the State 5
Board of Elections. The form shall be returned by the pre cinct officer to the county 6
clerk who shall make the necessary change on the voter's registration record. 7
Section 34. KRS 27A.052 is amended to read as follows: 8
(1) The Circuit Court clerk salary account is created as a trust and agency account in 9
the State Treasury to be administered by the Administrative Office of the Courts. 10
The account shall consist of the portion of fees directed to the account under 11
Section 11, and 18 of this Act, proceeds from grants, contributions, appropriations, 12
or other moneys made available for the purposes of the account. 13
(2) Notwithstanding KRS 45.229, any moneys remaining in the account not expended 14
at the close of a fiscal year shall not lapse but shall be carried forward to the next 15
fiscal year. 16
(3)[ Any interest earnings of the account shall become a part of the account and shall 17
not lapse. 18
(4)] Moneys in the account shall be used for the purposes of hiring additional deputy 19
circuit clerks and providing salary adjustments to deputy circuit clerks and for no 20
other purpose[are hereby appropriated for these purposes]. 21
Section 35. KRS 186.014 is amended to read as follows: 22
In any county, the: 23
(1) County clerk may maintain branch offices for the purpose of processing motor 24
vehicle titling and registration transactions; and 25
(2) Circuit clerk may maintain branch offices for the purpose of processing 26
applications for operator's licenses. instruction pe rmits, and personal 27
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identification cards. 1
Section 36. This Act takes effect July 1, 2027. 2