HB 562 (BR 2183) - M. Weaver, H. Collins
AN ACT relating to the issuance of operator's licenses and nondriver identification cards.
Amend KRS 186.412 to delete reference to the U.S. Department of Justice, Immigration and Naturalization Service and insert U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services; delete references to specific documents that must be presented and insert a provision for the Transportation Cabinet to promulgate administrative regulations to specify the documentation issued by the U.S. Department of Homeland Security that will be accepted; amend the licensing process for permanent residents to require permanent residents to apply for an operator's license or nondriver identification card in the cabinet's Frankfort office or in a cabinet field office, rather than in the office of the circuit clerk; provide for the cabinet to issue a certificate of verification to persons who are not U.S. citizens or permanent residents to take to the circuit clerk in order to be issued a driver's license or nondriver's I.D. card; require persons who are not U.S. citizens to apply for a nondriver I.D. card in the cabinet's Frankfort office or in a cabinet field office rather than in the office of the circuit clerk; reduce the time a nondriver's I.D. card will be issued from four years to one year; delete the prohibition on being issued a driver's license and a nondriver's I.D. card at the same time; provide that a person located outside the boundaries of the Commonwealth for purposes other than military service may be issued by mail a license without a photograph under limited circumstances until April 1, 2006; beginning April 1, 2006, require the cabinet to use the digital photograph stored in the cabinet's system on licenses renewed by mail; require all persons issued a license by mail to renew the license in person within 30 days of returning to Kentucky; amend KRS 186.430 to reduce the time a driver's license will be issued to a person who is not a U.S. citizen who is a Kentucky resident to the time on their documentation from the Department of Homeland Security to be in the United States or one year, whichever time period is shorter; amend KRS 186.435 to require a person applying for a Kentucky driver's license to surrender to the circuit clerk their out-of-state license and provide the clerk with two other forms of identification; provide that if the clerk has a question as to the validity or interpretation of the license or documentation, the clerk shall refer the person to the cabinet to obtain a certificate of verification before the license will be issued; amend KRS 186.440 and 186.580 to conform; repeal KRS 186.5315, relating to the posting of a notice about the 1994 increases in fees of circuit clerks.
HB 562 - AMENDMENTS
HCS - Retain the provisions of the original bill with the following changes: In Section 1 allow a circuit clerk to refer a person to the Transportation Cabinet if the clerk has a question about the validity or interpretation of documentation presented by a person applying for a driver's license; delete references in Section 1 and throughout the bill to the U.S. Department of Justice, Immigration and Naturalization Service and insert in lieu thereof U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services; delete references to an "I-551" card and insert a requirement for the Transportation Cabinet to promulgate administrative regulations to specify the documentation issued by the U.S. Department of Homeland Security that a circuit clerk may accept from a person applying for a driver's license; delete provisions in Section 1 and throughout the bill requiring permanent residents to apply for a license or a nondriver's I.D. card with the Transportation Cabinet rather than with the circuit clerk of the county where the person lives; prohibit persons applying for a license from wearing a hat when his or her photograph is taken for the license; delete provision reducing the time an initial or renewal nondriver I.D. card is issued and restore existing language governing the issuance; provide that if a person is out of Kentucky and does not have a digital photograph on file in the cabinet's driver license information system, the person may renew their existing license by mail and the cabinet will extend the expiration date for a period not to exceed one year; require the cabinet to provide the person with documentation as to the valid expiration date of the license; require a person issued a license by mail to renew the license in person within 90 days of returning to the United States rather than within 30 days of returning to the Commonwealth; add a new Section 5 to amend KRS 186.520 to delete provisions relating to the issuance of a duplicate chauffeur's license and insert in lieu thereof a provision to permit a person with a nondigital driver's license to renew the license early in order to obtain a digital license.
HFA (1, M. Weaver) - Retain the provisions of the committee substitute with the following change: In subsection (2) of Section 1 and in subsection (3) of Section 3 make the circuit clerk's referral of applicants to the Transportation Cabinet permissive rather than mandatory.
HFA (2, K. Hall) - Add a new section to create a new section of KRS Chapter 186 to require a clerk, when referring an applicant to the Transportation Cabinet because of questions about documentation, to identify what documents are in question and why; require the cabinet to collect demographic information of applicants referred to it by the circuit clerk; require the cabinet to report annually to LRC on summary data of the demographic information collected.
Feb 23-introduced in House
Feb 24-to Seniors, Military Affairs, and Public Safety (H)
Mar 1-reassigned to Transportation (H)
Mar 2-posted in committee
Mar 4-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 5-2nd reading, to Rules; floor amendment (1) filed to Committee Substitute
Mar 8-posted for passage in the Regular Orders of the Day for Tuesday, March 9, 2004
Mar 9-floor amendment (2) filed to Committee Substitute
Mar 17-3rd reading, passed 85-0 with Committee Substitute, floor amendments (1) and (2)
Mar 18-received in Senate
Mar 22-to Veterans, Military Affairs, & Public Protection (S)
Mar 23-taken from committee; 1st reading; returned to Veterans, Military Affairs, & Public Protection (S)