HB 188/FN (BR 1001) - M. Weaver, J. Arnold Jr, L. Belcher, J. Bowling, B. Buckingham, P. Childers, P. Clark, H. Collins, B. Colter, H. Cornett, R. Crimm, R. Damron, J. Gooch, R. Nelson, R. Palumbo, D. Sims, S. Westrom
AN ACT relating to protecting the public safety when licensing an operator of a motor vehicle.
Amend KRS 186.010 to amend the definition of "resident" to mean a person who has established Kentucky as the state of domicile; create a new section of KRS 186.400 to 186.640 to require the circuit clerk to verify a person's driving status in the National Drivers Register before issuing the person a Kentucky license; allow the clerk to issue a license if the NDR shows the person's license or driving privilege is suspended or revoked for a traffic offense other than a felony traffic offense or a habitual violator offense that is more than five years old; amend KRS 186.412 to require a person to be a Kentucky resident to be issued a Kentucky driver's license; require applicants for a license to provide proof of Kentucky residency; delete provision for the issuance of a temporary driver's license; prohibit the issuance of a nondriver's identification card to any person who has a driver's license or instruction permit; amend KRS 186.430 to honor driver's licenses issued by other states if the person is a U.S. citizen; allow persons that are not U.S. citizens and are not Kentucky residents to drive up to one year on the license issued by their country of domicile; amend KRS 186.410, 186.440, 186.570, and 186.860 to conform; EMERGENCY.
HB 188 - AMENDMENTS
HCS (1/FN) - Amend KRS 186.010 to amend the definition of "resident" to mean a person who has established Kentucky as their place of domicile and to provide that proof of residency shall include, but not be limited to a deed or property tax bill, utility agreement or utility bill, or rental housing agreement; create a new section of KRS 186.400 to 186.640 to require a licensed driver who becomes a Kentucky resident to apply for a Kentucky operator's license in the office of the circuit clerk where the licensed driver has established his or her domicile within thirty days of establishing residency and to require the circuit clerk to verify the new resident's driving status through the National Drivers' Register before issuing a Kentucky driver's license; amend KRS 186.410 to require all original, renewal, and duplicate licenses for the operation of motor vehicles, motorcycles, or mopeds to be issued by the circuit clerk in the county of the applicant's residence; require applications for renewal licenses to be made every four years within the birth month of the applicant; require all color photo nondriver identification cards to be issued according to the provisions of the Act; allow persons who are at least sixteen years of age but who have not passed their eighteenth birthday to enroll in driver training programs including state traffic school; amend KRS 186.412 to require persons to apply for an operator's license in the office of the circuit clerk of the county where the person lives; require the person's application form for an operator's license to include the person's federal tax identification number or a letter from the Social Security Administration declining to issue a Social Security number, a present Kentucky resident address exclusive of a post office box address alone, a statement regarding previous licensing as an operator in another state, proof of Kentucky residency, such as a property tax bill, utility bill, or rental agreement, and other information necessary to permit application of citizens of the United States to register to vote at the time a driver's license is obtained; require a person who is not a United States citizen to submit the application for an initial, renewal, transfer, or duplicate operator's license to the Transportation Cabinet in Frankfort or a Transportation Cabinet field office along with documentation issued by the Justice Department or INS authorizing the applicant to be in the United States and, if applicable, a certified photographic copy of the applicant's international driving permit; require the Transportation Cabinet to review the applicant's information and documentation and within thirty days of the receipt of this information determine if the applicant will be issued a Kentucky operator's license; require the Transportation Cabinet to issue an official form to be taken to the circuit clerk's office of the county where the applicant resides; require the circuit clerk to review the applicant's documentation and the form provided by the Transportation Cabinet and upon verification issue the applicant a Kentucky operator's license, including a color photograph of the applicant and other information deemed appropriate by the Transportation Cabinet; require the Transportation Cabinet to assign applicants a unique identifying number if the applicant does not have a Social Security number; require the circuit clerk to issue a color photo nondriver's identification card to any Kentucky resident who resides in the county and applies in person in the office of the circuit clerk provided the applicant can provide proof of United States citizenship and other information required for an operator's license under provisions of the Act; require a non-U.S. citizen who is applying for a nondriver's identification card to provide a passport, documentation from the Justice Department or the INS authorizing the applicant to be in the United States, and the same information as is required for an operator's license under provisions of the Act; allow an application form for a nondriver's identification card to include an applicant's most current resident address, mailing address, post office box, or an address provided on a voter registration card; require an applicant for a nondriver's identification card who is not the legal owner of the address provided on the application form to provide the circuit clerk with a notarized affidavit with a raised seal attesting that the applicant has permission from the legal owner of the address to use the address for purposes of obtaining the nondriver's identification card; require the legal owner of the address to sign the affidavit; establish the length of time a non-U.S. citizen's nondriver identification card will be valid to correspond to the length of time the person's documentation from the Justice Department or the INS is issued or a period of four years, whichever is shorter; establish the fee for a nondriver's identification card issued to a Kentucky resident who is not a U.S. citizen to be equal to the fee for a regular nondriver's identification card; allow for suspension or revocation of a nondriver's identification card if false or misleading information was presented to the Transportation Cabinet during the application process; establish criteria for eligibility to have a nondriver's identification card if already licensed or in possession of an instruction permit; establish criteria for eligibility for nondriver's identification card if permit or license is suspended; amend KRS 186.430 to allow a person over the age of sixteen who is a U.S. citizen but a non-resident of Kentucky to drive in Kentucky for up to one year from the date of entry into Kentucky if the person possesses a valid license from his or her home state, if the person has the license in his or her immediate possession when operating a motor vehicle in Kentucky, and if the person's home state accords similar privileges to licensed residents of Kentucky; allow a person who is a U.S. citizen but not a resident of Kentucky and who is enrolled as a full or part-time student at a university, college, or technical college located in Kentucky to drive in Kentucky on a valid license issued by the person's state of domicile and to exempt the person from the requirement of obtaining a Kentucky operator's license if the person has a student identification card from a university, college, or technical college located in Kentucky in his or her immediate possession at all times when driving in Kentucky; allow a person over the age of sixteen legally in the United States as a tourist to drive on a license issued by the home country for up to one year under the provisions of international treaties; direct the issuance of a Kentucky operator's license to a person over the age of sixteen who is a Kentucky resident but a non-U.S. citizen provided there is compliance with the provisions of the Act; establish the length of time a Kentucky resident/non-U.S. citizen's driver's license will be valid to correspond to the length of time the person's documentation from the Justice Department or the INS is issued or a period of four years, whichever is shorter; amend KRS 186.440 to prohibit an operator's license from being granted to any person who is not a resident of Kentucky; amend KRS 186.570 to allow for suspension or withdrawal of driving privileges as a result of providing false or misleading information regarding residency or citizenship status; allow denial of a license if a person is not a resident of Kentucky but has been convicted of offenses which would be grounds for suspension or revocation had they occurred in Kentucky until matters are resolved in the other state; create a new section of KRS 186 requiring Kentucky instruction permit holders to successfully complete examinations required under this Act prior to the issuance of a Kentucky operator's license; amend KRS 186.480 to require the Kentucky State Police to examine every unlicensed applicant for an operator's license except as otherwise provided.
HCS (2/FN) - Include all of the provisions of the committee substitute reported out of the Seniors, Military Affairs, and Public Safety committee with the following changes: amend Section 2 to add a provision that a person who is not a U.S. citizen but who is a KY resident and has been granted permanent resident status by the INS shall follow the same procedures for applying for a driver's license as a person who is a U.S. citizen; amend Section 4 so that the requirements of proof of residency conform with the requirements established in Section 1; further amend Section 4 to require the Transportation Cabinet to review applications of persons required to go through a cabinet field office for a driver's license, within 15 days but in no case can the review extend beyond 30 days from the date the cabinet received the application; require persons applying through a cabinet field office to successfully complete the examinations administered by the State Police like other drivers licensed in the state; provide that a person who initially was required to apply to a cabinet field office for a license may upon their second and subsequent renewal of the license apply in the office of the circuit clerk in the county where the person resides; require persons applying for a nondriver identification card to submit the same information on their application as is required when applying for an operator's license; amend the requirement of an affidavit for a nondriver identification card to allow it to be signed by the authorized agent of the legal owner of the property used as a person's address, in lieu of being signed by the actual owner of the property; provide that if a person's INS documentation has been issued without an expiration date, the person shall be issued a two year nondriver identification card; amend Section 5 subsection (3) to delete references to the two treaties signed by the United States in Geneva and Washington, D.C.; provide that if a person's INS documentation has been issued without an expiration date, the person shall be issued a two year driver's license; amend Section 7 subsection (1)(f) to provide a license may be denied to any person who presents false or misleading information as to their immigration status; amend Section 8 to require the following persons to successfully pass the examinations given by the State Police prior to being issued a Kentucky driver's license: persons who have been issued a Kentucky instruction permit; persons who have applied for a license under subsection (3) of Section 4; and other persons who are identified in an administrative regulation promulgated by the Kentucky State Police; make minor conforming amendments; repeal KRS 186.413 relating to the process used for color photos on driver licenses.
HFA (1, T. Burch) - Delete the requirement that an operator's license contain information as deemed appropriate by the cabinet.
HFA (2, T. Burch) - Provide for motor vehicle operator's license requirements and nondriver's license identification requirements to be the same for noncitizen refugees and persons who have been granted asylum as they are for citizens and noncitizens with permanent resident status.
HFA (3, J. Wayne) - Amend House Committee Substitute 2 to add to the list of items accepted for proof of residency a letter from a homeless shelter or community service provider; remove changes in Subsection 6(c) of Section 4 regarding residency requirements for nondriver's ID cards and return the existing statutory language.
SCS - Retain provisions of HB 188 GA Copy with the following exceptions: Amend Section 1 to create a "Special Status Individual" category of noncitizens who fall into the defined categories of "Refugee", "Asylee", "Paroled in the Public Interest", or "K-1 Status"; amend Section 4 to specify documents that must be presented by permanent residents when applying for a license; amend Section 4 to clarify the requirements for individuals with K-1 status, and require that current license holders who are not citizens and not permanent residents need to go to the Transportation Cabinet field office only for their first renewal after the effective date of the Act or if their immigration status has changed; amend Section 4 regarding nondriver ID cards, to eliminate the requirement for a notarized affidavit with a property owner's or agent's signature and require only that applicants swear that they have permission of the property owner, agent, or possessor to use the address for ID purposes; amend Sections 4 and 5 to treat special status individuals like permanent residents in the regard to the length of time (4 years) that an ID card or operator's license is valid; make an exception to the requirement to provide a social security number if a person does not have or refuses to divulge his social security number based upon religious convictions.
(Prefiled by the sponsor(s))
Jan 8-introduced in House; to Seniors, Military Affairs and Public Safety (H)
Jan 9-posted in committee
Jan 15-reported favorably, 1st reading, to Calendar with Committee Substitute
Jan 16-2nd reading, to Rules; recommitted to Transportation (H)
Jan 22-posted in committee
Feb 21-reported favorably, to Rules with Committee Substitute (2)
Feb 22-floor amendments (1) and (2) filed to Committee Substitute (2)
Feb 26-posted for passage in the Regular Orders of the Day for Wednesday, February 27, 2002
Feb 27-floor amendment (3) filed to Committee Substitute (2)
Mar 1-3rd reading; floor amendments (1) and (3) defeated ; passed 79-13 with Committee Substitute (2)
Mar 4-received in Senate
Mar 6-to Transportation (S)
Mar 26-taken from committee; 1st reading, to Calendar; recommitted to Transportation (S)
Mar 27-reported favorably; 2nd reading, to Rules
Mar 29-posted for passage in the Regular Orders of the Day for Friday, March 29, 2002; 3rd reading, passed 33-1 with Committee Substitute
Apr 1-received in House; posted for passage for concurrence in Senate Committee Substitute
Apr 2-House concurred in Senate Committee Substitute ; passed 66-31; enrolled, signed by each presiding officer; delivered to Governor
Apr 9-signed by Governor (Acts ch. 264)