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HB 410/FN/LM (BR 1242) - J. DuPlessis, M. Dossett, R. Meyer, J. Petrie

     AN ACT relating to operator's licenses and personal identification cards 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, including KYTC mobile units; establish a base renewal period of 8 years for operator's licenses and personal ID cards; require drivers under 18 who apply for an instruction permit 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; provide exceptions for applicants for non-enhanced documents; 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 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; require name changes through marriage, divorce, or other name changes to conform to an applicant's name on file with the Social Security Administration; allow photoless IDs for individuals with religious objections; 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, their spouses and dependents; allow a 90-day extension for active duty military members, their spouses and dependents returning home to renew their licenses; 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 voluntary enhanced secure licenses and personal ID cards; identify features of the system; give all applicants, including individuals coming into Kentucky from another state, the option to apply for an enhanced secure identity document; allow current holders of non-enhanced secure identity documents the option to apply for an enhanced secure identity document; allow individuals ineligible under federal standards for an enhanced secure identity document to apply for a non-enhanced secure identity document; set same fees for both enhanced secure and non-enhanced secure identity documents; clarify that electronic connectivity with agencies or organizations must 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; 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 186.401 to redefine "driver's license" and define "operator's license"; 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 186.4125 to 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 non-enhanced secure identity document; 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; amend KRS 186.442 to clarify procedures for the issuance of a restricted "Kentucky Only" operator's license; 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; 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; establish a $30 application fee for operator's licenses and personal identification cards for applicants that are not US citizens or permanent residents; 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; 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 federal law 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 established by the Transportation Cabinet for application and issuance of CDLs and eliminate outdated references; amend KRS 186.010 to define "identity document" and "travel ID"; 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 from the 2017 Regular Session, with other sections of the Act taking effect January 1, 2019; amend KRS 15A.358, 186.4125, 186.430, 186.435, 186.440, 186.450, 186.480, 186.490, 186.520, 186.535, 186.570, 186.579, 189.011, 281A.140, and 281A.160 to conform; repeal KRS 186.495 and 186.5315; EFFECTIVE 1/1/2019; APPROPRIATION.


AMENDMENTS

     HCS1/LM - Retain original provisions with the following exceptions: clarify operator’s license and personal ID card application procedures for immigrants who are not permanent residents to streamline the process and require only one trip to the Cabinet Office, rather than two; restrict immigrants who are not permanent residents to receiving only a standard license or personal ID card; eliminate language inserted in error in the original draft that would have prohibited the issuance of a Travel IDs to an applicant who is not the owner or possessor of the address listed on the application form; eliminate the prohibition of headdresses that do not obscure the face from being worn when taking a photograph for a license or ID card; add an exemption for application by alternative technology instead of the circuit clerk; make technical change to eliminate existing reference to a fee for instruction permits and insert new language referencing the fee set forth in Section 21 of the Act.
     HFA1( J. DuPlessis ) - Add a valid United States passport and a valid permanent residency card as options to a certified birth certificate for presentation when applying for a voluntary travel ID.

     Feb 16, 2017 - introduced in House
     Feb 21, 2017 - to Appropriations & Revenue (H)
     Feb 24, 2017 - posted in committee
     Feb 28, 2017 - reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 01, 2017 - 2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, March 2, 2017; floor amendment (1) filed to Committee Substitute
     Mar 07, 2017 - 3rd reading, passed 77-19 with Committee Substitute and floor amendment (1)
     Mar 08, 2017 - received in Senate; to Transportation (S); taken from Transportation (S); 1st reading; returned to Transportation (S)
     Mar 14, 2017 - taken from Transportation (S); 2nd reading; returned to Transportation (S)
     Mar 15, 2017 - reported favorably, to Rules; posted for passage in the Regular Orders of the Day for Wednesday, March 15, 2017; 3rd reading, passed 26-11; received in House; enrolled, signed by Speaker of the House; enrolled, signed by President of the Senate; delivered to Governor
     Mar 21, 2017 - signed by Governor (Acts, ch. 100)