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SB245/LM (BR1228) - E. Harris

     AN ACT relating to enhanced secure identity documents and making an appropriation therefor.
     Amend KRS 186.410 to specify that the Transportation Cabinet is the issuing agency for operator's licenses and personal identification cards; allow applications through alternative technology; establish a base renewal period of 8 years for operator's licenses and personal ID cards; require drivers under 18 to enroll in a driver education course; repeal and reenact KRS 186.412 to set forth the application process for citizens and permanent residents to apply for operator's licenses and instruction permits; identify the information required in the application process; require electronic scanning of supporting documents used in the application process; create a new section of KRS 186.400 to 186.640 to set forth the application process for immigrants who can show proof of legal presence to apply for operator's licenses and instruction permits; require that immigrants applying for an operator's license apply with the Transportation Cabinet instead of the circuit clerk; require verification through the SAVE alien verification system; require an immigrant with a change in status to update information with the Transportation Cabinet within 10 days; state that licenses issued under this section are good for the length of time a person's visa is valid or 8 years, whichever is shorter; specify that if an immigrant does not have a date certain on his or her immigration status, the license issued will be valid for 1 year; create a new section of KRS 186.400 to 186.640 to set forth the application procedures for citizens and permanent residents to apply for personal identification cards; create a new section of KRS 186.400 to 186.640 to set forth the application procedures for immigrants who can show proof of legal presence to apply for personal identification cards, with the similar limitations and restrictions as for operator's licenses; create a new section of KRS 186.400 to 186.640 to establish the form and composition of operator's licenses and personal identification cards, including the requirements for photographs taken; specify that name changes through marriage, divorce, or other name changes conform to an applicant's name on file with the Social Security Administration; create a new section of KRS 186.400 to 186.640 to establish procedures and fees for the child ID program; create a new section of KRS 186.400 to 186.640 to establish procedures for the issuance of personal identification cards or operator's licenses to inmates being released from state and federal correctional institutions and individuals on probation and parole; create a new section of KRS 186.400 to 186.640 to allow renewal by mail for active duty members of the military stationed outside the Commonwealth; allow a 90-day extension for active duty military members returning home to renew their licenses; and set forth procedures and requirements for the issuance of a "veteran" notation on an operator's license or personal ID card; create a new section of KRS 186.400 to 186.640 to require the Transportation Cabinet to develop a system of enhanced secure licenses and personal ID cards; identify features of the system; require initial applicants, including individuals coming into Kentucky from another state, to apply for an enhanced secure identity document; allow current holders of nonenhanced secure identity documents to apply for enhanced secure identity document; allow individuals ineligible under federal standards for an enhanced secure identity document to apply for a nonenhanced secure identity document; set same fees for both enhanced secure and nonenhanced secure identity documents; create a new section of KRS 186.400 to 186.640 to set forth the documents required to apply for an enhanced secure identity document; amend KRS 186.4101 to allow the Transportation Cabinet, within the first 4 years of the effective date of the Act, to issue identity documents with terms of both 4 and 8 years in order to accommodate the transition to an 8-year issuance period; amend KRS 186.442 to clarify procedures for the issuance of a restricted "Kentucky Only" operator's license; amend KRS 186.450 set the term of a motorcycle instruction permit to 2 years instead of 1 year with one allowable 1 year renewal; repeal and reenact KRS 186.531 to set fees for instruction permits, operator's licenses, and personal identification cards; set forth the distribution of fees; specify that the fees for a 4 year license issued within the first 4 years after the effective date of the Act shall be 50% of the fee listed, with all distributions subsequently reduced by 50%; specify that fees for identity documents applied for using alternative technology shall be distributed in the same manner as identity documents applied for with the circuit clerk; set forth procedures for voluntary donations to promote organ donation; establish donation levels of $2 for an 8-year document and $1 for a document with a term of less than 8 years; require donations to be forwarded to the Kentucky Circuit Court Clerks' Trust for Life and appropriate funds to promote an organ donation program; create a new section of KRS Chapter 27A to establish the circuit court clerk salary account; set forth streams of income including a portion of fees under Sections 21 and 24 of the Act; appropriate money in the fund to hire additional deputy circuit clerks and provide salary adjustments to deputy circuit clerks; create a new section of KRS Chapter 174 to establish the KYTC photo license account; set forth stream of income, including a portion of the fees under Section 21 of this Act; appropriate moneys in the fund for the purpose of verifying, creating, and distributing enhanced secure identity documents; amend KRS 186.540 to clarify that fees for corrected licenses be set as provided in Section 21 of the Act and require the Transportation Cabinet to issue a corrected license free of charge to an individual who is mailed an identity document that contains an error; repeal, reenact, and renumber KRS 186. 6401 as KRS 186.635 to conform and to bring the section into the statutory range dealing with operator's licenses; amend KRS 281A.170 to require that a commercial driver's license contain a denotation that the license either does or does not comply with the requirements of the REAL ID Act and can be used for federal identification purposes; set an 8-year term for CDLs; amend KRS 281A.120 to clarify that only citizens and permanent residents of the United States are eligible to receive a CDL; amend KRS 281A.150 to set forth the fees set by the Transportation Cabinet for application and issuance of CDLs and eliminate outdated references; amend KRS 186.010 to define "identity document" and "enhanced secure"; amend KRS 15A.358, 186.4125, 186.430, 186.435, 186.440, 186.480, 186.490, 186.520, 186.535, 186.570, 186.579, 281A.140, and 281A.160 to conform; repeal KRS 186.495 and 186.5315; EFFECTIVE 1/1/2019.


SB245 - AMENDMENTS

     SCS1/LM - Retain original provisions with the following exceptions: clarify that only individuals under the age of 18 who apply for an instruction permit must undergo driver training; amend various sections to change "enhanced secure identity document" to "voluntary enhanced secure identity document"; amend various sections to clarify that obtaining a voluntary enhanced secure identity document is optional for all individuals applying for or renewing ID cards, licenses and permits; clarify that a person who wishes to rescind a declaration of making an anatomical gift should contact the Trust for Life rather than the person’s circuit clerk; clarify that electronic connectivity with agencies or organizations be limited to the minimum amount of data necessary to verify data presented by the applicant, process the application, and produce and distribute the identity documents, and limit data sharing as required under the federal Driver’s Privacy Protection Act; require the KYTC to promulgate administrative regulations to set standards for the voluntary enhanced secure identity document system; require a certified copy of a birth certificate to apply for a voluntary enhanced secure identity document, retain existing language allowing the use of an original hospital birth certificate for a nonenhanced secure identity document, and require the KYTC to apply to DHS for a waiver for an exception to allow hospital birth certificates to be used for voluntary enhanced secure identity documents; remove changes in term of motorcycle instruction permits, retain existing language of a 1 year term with a 1 year renewal, and clarify that fees for instruction permits shall be in accordance with KRS 186.531; adjust fees for various documents to reduce regular operator’s license fee from $50 to $48, Combination motorcycle / operator’s license from $60 to $58, and personal ID cards from $30 to $28, adjust fee disbursements, and adjust the term of the motorcycle instruction permit; adjust the effective date so that Section 10, which requires the establishment for a voluntary enhanced secure identity document system by the KYTC, will take effect on the regular effective date for legislation form the 2016 Regular Session, with other sections of the Act taking effect January 1, 2019; APPROPRIATION.
     HFA1( K. Bratcher ) - Amend KRS 117.227 to require that a personal identification card or an operator's license be used as the sole source of voter identification.
     HFA2( T. Couch ) - Create a new section of KRS 16.186 to 16.195 to set out a salary schedule based on years of service, ranks, and other requirements for CVE officers and how the schedule is applied.
     HFA3( T. Couch ) - Make title amendment.

     Feb 29, 2016 - introduced in Senate; to Transportation (S)
     Mar 16, 2016 - reported favorably, 1st reading, to Calendar with Committee Substitute (1)
     Mar 17, 2016 - 2nd reading, to Rules
     Mar 22, 2016 - posted for passage in the Regular Orders of the Day for Tuesday, March 22, 2016; 3rd reading, passed 26-12 with Committee Substitute (1); received in House
     Mar 23, 2016 - to Transportation (H); posting waived
     Mar 24, 2016 - reported favorably, 1st reading, to Calendar
     Mar 25, 2016 - 2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Monday, March 28, 2016
     Apr 01, 2016 - floor amendment (1) and (2) and (3-title) filed
     Apr 15, 2016 - 3rd reading; floor amendment (2) ruled not germane; passed 59-40; received in Senate; enrolled, signed by each presiding officer; delivered to Governor
     Apr 27, 2016 - vetoed