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. KRS 186.4102 is amended to read as follows: 3
(1) Except as provided in subsection (10)[(9)] of this section, the Transportation 4
Cabinet shall issue operator's licenses and personal identification cards bearing a 5
photograph of the applicant and other inf ormation the cabinet may deem 6
appropriate to qualified applicants under this chapter. When taking the photograph, 7
the applicant shall be prohibited from wearing sunglasses, veils, scarves, or any 8
other attire that obscures or creates shadows upon any featu res of the applicant's 9
face as determined by the cabinet. An applicant shall be required to remove 10
eyewear that obstructs the iris or the pupil of the eyes and shall not take any action 11
to obstruct a photograph of his or her facial features. The face shall be visible from 12
the crown to the base of the chin and from ear to ear. Any person who refuses to 13
remove attire prohibited by this subsection as directed by the person taking the 14
application shall be prohibited from receiving an operator's license or perso nal 15
identification card. 16
(2) An operator's license or personal identification card issued by the cabinet shall not 17
contain the applicant's Social Security number. The cabinet shall promulgate 18
administrative regulations in accordance with KRS Chapter 13A th at develop a 19
numbering system that uses an identification system other than Social Security 20
numbers. If an applicant submits adequate proof that he or she does not have a 21
Social Security number, the Transportation Cabinet shall assign the applicant a 22
unique identifying number. 23
(3) The license or personal identification card shall also designate by color coding and 24
using the phrase "under 21" if the licensee or card holder is under the age of twenty-25
one (21); "CDL" if the license is issued pursuant to KRS Ch apter 281A; or "under 26
21 CDL" if the licensee holds a commercial driver's license issued pursuant to KRS 27
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Chapter 281A and is under the age of twenty-one (21). 1
(4) The cabinet shall provide on each operator's license and personal identification card 2
space for a notation that the holder of the license or personal identification card has 3
expressed to the cabinet the person's willingness to make an anatomical gift under 4
KRS 311.1917. If a person who has made a declaration under this subsection 5
wishes to rescind that declaration, the person shall notify the Kentucky Circuit 6
Court Clerks' Trust for Life, which shall remove the notation from his or her 7
records. 8
(5) An operator's license issued pursuant to this chapter shall be designated a Class D 9
license. 10
(6) A person shall not have more than one (1) operator's license. 11
(7) Upon marriage, dissolution of marriage, or any other qualifying event, if a person 12
seeks to c hange his or her name, the person shall make a name change with the 13
Social Security Administration prior to applying for an operator's license or a 14
personal identification card and shall provide the cabinet with the person's marriage 15
license, divorce decre e, or other documentation. The name issued on the identity 16
document shall match the person's first and last name as recorded with the Social 17
Security Administration. Unless a person is eligible to renew his or her identity 18
document at the time of the name change, the fee charged under this section shall be 19
for a corrected identity document as set forth in KRS 186.531. 20
(8) An identity document issued under this chapter shall contain a denotation that 21
either: 22
(a) The identity document is a voluntary travel ID identity document that 23
complies with the security standards set forth by Pub. L. No. 109 -13, Title II, 24
and may be used for identification for federal purposes; or 25
(b) The identity document shall not be used for federal identification purposes. 26
(9) On or a fter January 1, 2027, every new and renewal identity document issued 27
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under this chapter shall contain a denotation identifying the status of the person 1
to whom the document was issued as: 2
(a) A citizen of the United States; or 3
(b) A noncitizen authorized to be in the United States. 4
(10) (a) The Transportation Cabinet may provide for the issuance of an instruction 5
permit, operator's license, or personal identification card without a photograph 6
if there is good cause for the omission based in documented relig ious 7
objections. The Transportation Cabinet shall promulgate administrative 8
regulations pursuant to KRS Chapter 13A to establish the criteria and 9
requirements for obtaining an operator's license, instruction permit, or 10
personal identification card without a photograph. 11
(b) An applicant for an initial instruction permit, operator's license, or personal 12
identification card without a photograph shall apply to the Transportation 13
Cabinet in Frankfort or a Transportation Cabinet field office. The application 14
shall be processed solely by the Transportation Cabinet in the same manner as 15
in KRS 186.4121(5) and 186.4123(8). 16
(c) An operator's license, instruction permit, or personal identification card issued 17
without a photograph shall denote on its face that it shall not be accepted by 18
any federal agency for identification or any other federal purpose. 19
Section 2. KRS 281A.170 is amended to read as follows: 20
(1) The commercial driver's license shall be marked "commercial driver's licen se" and 21
"CDL" and shall be, to the maximum extent practicable, tamper proof. It shall 22
include but is not limited to the following information: 23
(a) The name and present resident address of the licensee; 24
(b) The licensee's photograph; 25
(c) A physical descript ion of the licensee including sex, height, weight, and eye 26
color; 27
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(d) The licensee's date of birth; 1
(e) The licensee's signature; 2
(f) The class or type of commercial motor vehicle or vehicles that the person is 3
authorized to drive together with any endorsements or restrictions; 4
(g) The name of this state; 5
(h) The dates between which the license is valid; and 6
(i) Any other information required by the cabinet, except for a person's Social 7
Security number. 8
(2) A commercial driver's license issued under this ch apter shall contain a denotation 9
that either: 10
(a) The commercial driver's license is a voluntary travel ID identity document 11
that complies with the security standards set forth by Pub. L. No. 109 -13, 12
Title II, and may be used for identification for federal purposes; or 13
(b) The commercial driver's license shall not be used for federal identification 14
purposes. 15
(3) On or after January 1, 2027, every new and renewal commercial driver's license 16
issued under this chapter shall contain a denotation identifying the status of the 17
person to whom the license was issued as: 18
(a) A citizen of the United States; or 19
(b) A noncitizen authorized to be in the United States. 20
(4) A commercial driver's license shall be issued with classifications, endorsements, 21
and restrictions. Vehicles that require an endorsement shall not be driven unless the 22
proper endorsement appears on the license and the applicant has passed the 23
knowledge and skills test required by the State Police. 24
(a) Classifications: 25
1. Class A - Any combination of vehicles with a gross vehicle weight 26
rating of twenty -six thousand and one (26,001) pounds or more, if the 27
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gross vehicle weight rating of the vehicle being towed is in excess of ten 1
thousand (10,000) pounds. Licensees with an "A" classification may 2
with the proper endorsement drive Class B and C vehicles; 3
2. Class B - Any single vehicle with a gross vehicle weight ra ting of 4
twenty-six thousand and one (26,001) pounds or more, and any vehicle 5
towing a vehicle not in excess of ten thousand (10,000) pounds gross 6
vehicle weight rating. Licensees with a "B" classification may with the 7
proper endorsements drive Class C vehicles; 8
3. Class C - Any single vehicle with a gross vehicle weight rating of less 9
than twenty -six thousand and one (26,001) pounds or any vehicle 10
towing a vehicle with a gross vehicle weight rating not in excess of ten 11
thousand (10,000) pounds which includes: 12
a. Vehicles designed to transport sixteen (16) or more passengers, 13
including the driver; or 14
b. Vehicles used in the transportation of hazardous materials which 15
requires the vehicle to be placarded under 49 C.F.R. secs. 172.500 16
to 172.560, as adopted by administrative regulations of the 17
cabinet, pursuant to KRS Chapter 13A; 18
4. Class D - All other vehicles not listed in any other class, including 19
mopeds; and 20
5. Class M - Motorcycles. Licensees with a "M" classification may also 21
drive mopeds. 22
(b) Endorsements: 23
1. "H" - Authorizes the driver to operate a vehicle transporting hazardous 24
materials; 25
2. "T" - Authorizes operation of double trailers and triple trailers in those 26
jurisdictions allowing the operation of triple trailers; 27
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3. "P" - Authorizes operation of vehicles carrying passengers; 1
4. "N" - Authorizes operation of tank vehicles; 2
5. "X" - Authorizes operation of combination of hazardous materials and 3
tank vehicle endorsements; 4
6. "R" - Authorizes operation of all other endorsements not otherwise 5
specified; and 6
7. "S" - Authorizes operation of school buses. 7
(c) The Transportation Cabinet shall promulgate administrative regulations in 8
accordance with KRS Chapter 13A to outline restrictions on the operation of 9
commercial vehicles and the associated codes to identify such restrictions, 10
which shall appear on the face of the commercial driver's license. 11
(5)[(4)] Within ten (10) days after issuing a commercial driver's license, the cabinet 12
shall notify the commercial driver's license information system of that f act, 13
providing all information required to ensure identification of the person. 14
(6)[(5)] A commercial driver's license issued to a resident pursuant to this chapter 15
shall expire in eight (8) years unless the license was issued to a resident under the 16
age of twenty-one (21). 17
(7)[(6)] A person under the age of twenty-one (21): 18
(a) Shall not be: 19
1. Licensed to operate a Class A, B, or C vehicle unless he or she has a "K" 20
restriction; or 21
2. Allowed to operate a school bus; and 22
(b) Who holds a valid CDL may be issued a hazardous materials endorsement to 23
transport hazardous materials in intrastate commerce. 24
(8)[(7)] A commercial driver with a "K" restriction shall not drive a commercial motor 25
vehicle in interstate commerce, unless he or she is exempt pursuant to 49 C.F.R. 26
sec. 391.2. 27
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(9)[(8)] The holder of a commercial driver's license shall be considered to hold a valid 1
Kentucky driver's license issued under the provisions of KRS 186.4102 and 2
186.412. 3
Section 3. KRS 186.531 is amended to read as follows: 4
(1) As used in this section: 5
(a) "GF" means the general fund; 6
(b) "IP" means instruction permit; 7
(c) "License Fund" or "LF" means the KYTC photo license accou nt created in 8
KRS 174.056; 9
(d) "MC" means motorcycle; 10
(e) "MC Fund" or "MCF" means the motorcycle safety education program fund 11
established in KRS 176.5065; 12
(f) "OL" means operator's license; and 13
(g) "PIDC" means personal identification card. 14
(2) The fees imposed for voluntary travel ID operator's licenses, instruction permits, 15
and personal identification cards shall be as follows. The fees received shall be 16
distributed as shown in the table. The fees shown, unless otherwise noted, are for an 17
eight (8) year period: 18
Card Type Fee LF GF MCF 19
OL (initial/renewal) $48 $48 $0 $0 20
OL (Under 21) (Up to 4 years) $18 $18 $0 $0 21
Any OL, MC, or combination 22
(duplicate/corrected) $15 $13.25 $1.75 $0 23
Motor vehicle IP (3 years) $18 $16 $2 $0 24
Motorcycle IP (1 year) $18 $13 $1 $4 25
Motorcycle OL (initial/renewal) $48 $38 $0 $10 26
Combination vehicle/MC OL 27
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(initial/renewal) $58 $48 $0 $10 1
PIDC (initial/renewal) $28 $25 $3 $0 2
PIDC (duplicate/corrected) $15 $13.50 $1.50 $0 3
(3) Except as provided in subsection (10) of this section, the fees imposed for standard 4
operator's licenses, instruction permits, and personal identification cards shall be as 5
follows and, unless otherwise noted, are for an eight (8) year period: 6
Card Type Fee LF GF MCF 7
OL (initial/renewal) $43 $43 $0 $0 8
OL (Under 21) (Up to 4 years) $15 $15 $0 $0 9
Any OL, MC, or combination 10
(duplicate/corrected) $15 $13.25 $1.75 $0 11
Motor vehicle IP (3 years) $15 $13 $2 $0 12
Motorcycle IP (1 year) $15 $10 $1 $4 13
Motorcycle OL (initial/renewal) $43 $33 $0 $10 14
Combination vehicle/MC OL 15
(initial/renewal) $53 $43 $0 $10 16
PIDC (initial/renewal) $23 $20 $3 $0 17
PIDC (duplicate/corrected) $15 $13.50 $1.50 $0 18
PIDC (no fixed address) under 19
KRS 186.4122(5)/186.4123(5) 20
(initial, duplicate, or corrected) $0 $0 $0 $0 21
(4) The fee for a four (4) year original or renewal license issued pursuant to KRS 22
186.4101 shall be fifty percent (50%) of the amount shown in subsections (2) an d 23
(3) of this section. The distribution of fees shown in subsections (2) and (3) of this 24
section shall also be reduced by fifty percent (50%) for licenses that are issued for 25
four (4) years. 26
(5) Any fee for any identity document applied for using alternati ve technology under 27
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KRS 186.410 and 186.4122 shall be distributed in the same manner as a document 1
applied for in person with the cabinet. 2
(6) (a) An applicant for an original or renewal operator's license, permit, commercial 3
driver's license, motorcycle o perator's license, or personal identification card 4
shall be requested by the cabinet to make a donation to promote an organ 5
donor program. 6
(b) The donation under this subsection shall be added to the regular fee for an 7
original or renewal motor vehicle ope rator's license, permit, commercial 8
driver's license, motorcycle operator's license, or personal identification card. 9
One (1) donation may be made per issuance or renewal of a license or any 10
combination thereof. 11
(c) The fee shall be paid to the cabinet and shall be forwarded by the cabinet on a 12
monthly basis to the Kentucky Circuit Court Clerks' Trust for Life, and such 13
moneys are hereby appropriated to be used exclusively for the purpose of 14
promoting an organ donor program. A donation under this subsection shall be 15
voluntary and may be refused by the applicant at the time of issuance or 16
renewal. 17
(7) In addition to the fees outlined in this section, the following individuals, upon 18
application for an initial or renewal operator's license, instruction permit, or 19
personal identification card, shall pay an additional application fee of thirty dollars 20
($30), which shall be deposited in the photo license account: 21
(a) An applicant who is not a United States citizen or permanent resident and who 22
applies under KRS 186.4121 or 186.4123; or 23
(b) An applicant who is applying for an[a] instruction permit, operator's license, 24
or personal identification card without a photo under KRS 186.4102(10)[(9)]. 25
(8) (a) Except for individuals exempted under paragraph (c) of this subsec tion, an 26
applicant for relicensing after revocation or suspension shall pay a 27
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reinstatement fee of forty dollars ($40). 1
(b) The reinstatement fee under this subsection shall be distributed by the State 2
Treasurer as follows: 3
1. Thirty-five dollars ($35) shall be deposited into the photo license 4
account; and 5
2. Five dollars ($5) shall be deposited into a trust and agency fund to be 6
used in defraying the costs and expenses of administering a driver 7
improvement program for problem drivers. 8
(c) This subsection shall not apply to: 9
1. Any person whose license was suspended for failure to meet the 10
conditions set out in KRS 186.411 when, within one (1) year of 11
suspension, the driving privileges of the individual are reinstated; or 12
2. A st udent who has had his or her license revoked pursuant to KRS 13
159.051. 14
(9) As payment for any fee identified in this section, the cabinet: 15
(a) Shall accept cash and personal checks; 16
(b) May accept other methods of payment in accordance with KRS 45.345; and 17
(c) May enter into billing agreements with homeless shelters, health care 18
facilities, or social service agencies that serve individuals without an 19
established and fixed nighttime residence of regular return. 20
(10) There shall be no fee assessed for the initial, renewal, or duplicate standard personal 21
identification card to an individual, if the individual: 22
(a) Does not possess a valid operator's license or a commercial driver's license; 23
and 24
(b) Is at least eighteen (18) years of age on or before the next regular election. 25