HB 396/LM (BR 365) - J. Bell, G. Stumbo, T. Burch, De. Butler, L. Clark, H. Collins, L. Combs, J. Donohue, K. Flood, J. Glenn, J. Gooch Jr., D. Graham, K. Hall, J. Jenkins, M. King, M. Marzian, T. McKee, R. Meeks, C. Miller, T. Mills, S. Overly, D. Owens, R. Palumbo, S. Riggs, T. Riner, C. Rollins II, J. Short, A. Simpson, K. Sinnette, R. Smart, J. Stacy, W. Stone, J. Tilley, D. Watkins, J. Wayne, B. Yonts
AN ACT relating to certificates for driving.
Create new sections of KRS 186.400 to 186.640 to define the term "certificate for driving" as a certificate issued by the Transportation Cabinet to an individual 18 years or older who has resided in the Commonwealth for a minimum of three years and who cannot prove citizenship or meet the requirements of KRS 186.412(2) to (4); mandate that certificates for driving be clearly distinguishable from regular operator's licenses and clearly state on the face that the document is not to be used for identification purposes; require the cabinet to establish a unique identifying number system for certificates and keep a database of all certificate holders and their driving histories available for the use of law enforcement agencies; establish that the database shall not be used for the investigation or enforcement of immigration fees; require the cabinet to promulgate administrative regulations to provide standards for the application, issuance, denial, and revocation of certificates; set out application procedures for certificates for driving; require application to be made in Frankfort or at a regional office of the cabinet; require the Department of Kentucky State Police to examination all applicants for a certificate; impose instruction permit restrictions on individuals applying for a certificate who do not have a valid license from another state or recognized foreign jurisdiction; set out denial criteria and revocation criteria; require the cabinet to establish a points and suspension system for moving violations similar to the one used for operator's licenses; make certificates valid for four years, with renewal; require possession of the certificate at all times when operating a motor vehicle; require certificate holders to notify the circuit clerk of name and address changes; set the fee for a certificate at the same fee as for an operator's license; establish an initial application fee of "$100"; prohibit certificate holders from possessing an operator's license; prohibit certificate holders from operating a commercial motor vehicle; subject certificate holders to existing penalties for DUI and driving on a suspended license.
HB 396 - AMENDMENTS
HCS/LM - Retain original provisions with the following exceptions: provide that the certificate for driving shall have a color photograph of the applicant on it; provide that the certificate for driving shall clearly state on its face that it is valid in Kentucky only; provide that the certificate for driving database shall not be used for the investigation or enforcement of immigration laws; provide that the Transportation Cabinet shall not issue a certificate for driving to a person whose driving was suspended for any reason other than a conviction for failure to have insurance or a conviction for driving without an operator's license; provide that the certificate for driving shall be valid for one year instead of four years.
HFA (1, T. Moore) - Delete original provisions; amend KRS 186.430 to provide that a person over the age of 16 who is not a United States citizen may drive in Kentucky on a valid domestic license issued by the person's country of domicile and are not required to obtain a Kentucky operator's license; create a new paragraph (3)(b) to retain existing provision allowing non United States citizens over the age of 16, who are residents of Kentucky, and who are legally in this country for more than one year, to be issued a Kentucky operator's license.
HFA (2/Title, T. Moore) - Make title amendment.
Feb 15-introduced in House
Feb 19-to Transportation (H)
Feb 22-posted in committee
Feb 27-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 28-2nd reading, to Rules; floor amendment (1) filed to Committee Substitute, floor amendment (2-title) filed
Mar 4-posted for passage in the Regular Orders of the Day for Tuesday, March 5, 2013