186.412 License application -- Temporary license -- Personal identification card -- Child identification program -- Renewal of license by mail by citizens in military serving out-of-state -- Limited e - Kentucky Statutes

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Page 1 of 8 186.412 License application -- Temporary license -- Personal identification card -- Child identification program -- Renewal of license by mail by citizens in
military serving out-of-state -- Limited exemption for citizens with expired
licenses who are returning from military -- Medical insignia -- Anatomical gift
-- Limitation on number of licenses -- Married woman's name -- Witnesses for
anatomical gifts. (1) (a) A person who was under the age of eighteen (18) years at the time of application for an instruction permit and is eighteen (18) years of age or older
may apply for an operator's license to operate a motor vehicle, motorcycle, or
moped if the person has possessed the valid instruction permit for at least one
hundred eighty (180) days and has completed a driver training program under
KRS 186.410(4). (b) A person who has attained the age of eighteen (18) years and is under the age of twenty-one (21) at the time of application for an instruction permit may
apply for an operator's license to operate a motor vehicle, motorcycle, or
moped if the person has possessed the valid instruction permit for at least one
hundred eighty (180) days. (c) A person who is at least twenty-one (21) years of age at the time of application for an instruction permit may apply for an operator's license to
operate a motor vehicle, motorcycle, or moped if the person has possessed the
valid instruction permit for at least thirty (30) days. (2) Except as provided in subsection (4) of this section, a person shall apply for an operator's license in the office of the circuit clerk of the county where the person
lives. Except as provided in subsection (8)(b) and (c) of this section, the application
form shall require the person's:
(a) Full legal name and signature;
(b) Date of birth;
(c) Social Security number, federal tax identification number, a letter from the Social Security Administration declining to issue a Social Security number, or
a notarized affidavit from the applicant to the Transportation Cabinet swearing
that the person either does not have a Social Security number, or refuses to
divulge his or her Social Security number, based upon religious convictions; (d) Sex;
(e) Present Kentucky resident address, exclusive of a post office box address alone; (f) Other information necessary to permit the application of United States citizens to also serve as an application for voter registration; (g) A brief physical description of the applicant;
(h) A statement if the person has previously been licensed as an operator in another state; Page 2 of 8 (i) Proof of the person's Kentucky residency, including but not limited to a deed or property tax bill, utility agreement or utility bill, or rental housing
agreement; and (j) Other information the cabinet may require by administrative regulation promulgated under KRS Chapter 13A. (3) A permanent resident shall present one (1) of the following documents issued by the United States Department of Homeland Security, United States Bureau of
Citizenship and Immigration Services:
(a) An I-551 card with a photograph of the applicant; or
(b) A form with the photograph of the applicant or a passport with a photograph of the applicant on which the United States Department of Homeland
Security, United States Bureau of Citizenship and Immigration Services has
stamped the following: "Processed for I-551. Temporary evidence of lawful
admission for permanent residence. Valid until -----. Employment authorized." (4) If the person is not a United States citizen and has not been granted status as a permanent resident of the United States, the person's application for an original
operator's license shall be submitted to either the Transportation Cabinet in
Frankfort or a Transportation Cabinet field office.
(a) The application form shall be accompanied by the person's documentation issued by the United States Department of Homeland Security, United States
Bureau of Citizenship and Immigration Services, authorizing the person to be
in the United States and, if applicable, the person's international driving
permit. The application form of a special status individual with a K-1 status
shall be accompanied by an original or certified copy of the person's
completed marriage license signed by the official who presided over the
marriage ceremony and two (2) witnesses. The application form of a special
status individual with a K-1 status shall also include the person's petition to
enter the United States for the purpose of marriage that contains the name of
the prospective spouse. If the name of the prospective spouse on the petition
does not match the name of the spouse on the marriage license, the
Transportation Cabinet shall not be required to issue an operator's license. (b) The Transportation Cabinet shall, within fifteen (15) days of receipt of the application, review the person's documentation and determine if the person
will be issued a Kentucky operator's license. If the review of an application
will take longer than fifteen (15) days, the cabinet shall continue the review,
but the cabinet shall be required to make a determination in all cases within
thirty (30) days of receipt of the application. (c) If the cabinet determines the person may be issued an operator's license, the cabinet shall issue the person an official form that the person shall take to the
office of the circuit clerk of the county where the person resides. The circuit
clerk shall review the person's documentation and the official form issued by
the Transportation Cabinet. If the documentation is verified as accurate, and if
the person successfully completes the examinations required under KRS
186.480, the circuit clerk shall issue the person a Kentucky operator's license. Page 3 of 8 (d) Except as provided in paragraphs (e) and (f) of this subsection, a person who is not a United States citizen and who has not been granted status as a
permanent resident of the United States shall apply to renew an operator's
license, or obtain a duplicate operator's license, in the office of the circuit
clerk in the county in which the person resides. (e) If a person is renewing an operator's license or is applying for a duplicate license after July 15, 2002, and the person's documentation issued by the
United States Department of Homeland Security, United States Bureau of
Citizenship and Immigration Services, has not been reviewed by the either the
Transportation Cabinet in Frankfort or a Transportation Cabinet field office
under the provisions of this subsection, the person shall be required to apply
for the renewal or duplicate with either the Transportation Cabinet in
Frankfort or a Transportation Cabinet field office. (f) If a person has any type of change in the person's immigration status, the person shall apply to renew an operator's license with either the Transportation
Cabinet in Frankfort or a Transportation Cabinet field office. (5) The circuit clerk shall issue an operator's license bearing a color photograph of the applicant and other information the cabinet may deem appropriate. The photograph
shall be taken by the circuit clerk so that one (1) exposure will photograph the
applicant and the application simultaneously. When taking the photograph, the
applicant shall be prohibited from wearing sunglasses or any other attire that
obscures any features of the applicant's face as determined by the clerk. The clerk
shall require an applicant to remove sunglasses or other obscuring attire before
taking the photograph required by this subsection. Any person who refuses to
remove sunglasses or other attire prohibited by this section as directed by the clerk
shall be prohibited from receiving an operator's license. The operator's license
issued by the cabinet shall not contain the applicant's Social Security number. The
cabinet shall promulgate administrative regulations pursuant to KRS Chapter 13A
that develop a numbering system that uses an identification system other than Social
Security numbers. If an applicant does not have a Social Security number, or the
applicant has submitted a notarized affidavit refusing to divulge his or her Social
Security number based upon religious convictions, the Transportation Cabinet shall
assign the applicant a unique identifying number. The license shall also designate
by color coding and use the phrase "under 21" if the licensee is under the age of
twenty-one (21); "CDL" if the license is issued pursuant to KRS Chapter 281A; or
"under 21 CDL" if the licensee holds a commercial driver's license issued pursuant
to KRS Chapter 281A and is under the age of twenty-one (21). (6) Every applicant shall make oath to the circuit clerk as to the truthfulness of the statements contained in the form. (7) (a) Except as provided in subsection (8) of this section, the circuit clerk shall issue a color photo personal identification card to any person who is a
Kentucky resident and who resides in the county who complies with the
provisions of this section and who applies in person in the office of the circuit
clerk. An application for a personal identification card shall be accompanied Page 4 of 8 by the same information as is required for an operator's license under
subsection (2) of this section, except if a person does not have a fixed,
permanent address, the person may use as proof of residency a signed letter
from a homeless shelter, health care facility, or social service agency currently
providing the person treatment or services and attesting that the person is a
resident of Kentucky. (b) It shall be permissible for the application form for a personal identification card to include as a person's most current resident address a mailing address,
post office box, or an address provided on a voter registration card. (c) Every applicant for a personal identification card shall make an oath to the circuit clerk as to the truthfulness of the statements contained on the
application form. If the applicant is not the legal owner or possessor of the
address provided on the application form, the applicant shall swear that he or
she has permission from the legal owner, authorized agent for the legal owner
or possessor to use the address for purposes of obtaining the personal
identification card. The personal identification card shall designate by color
coding and by use of the phrase "under 21" if the applicant is under the age of
twenty-one (21). (d) A personal identification card shall be valid for a period of four (4) years from the date of issuance. Except as provided in this subsection, an initial or
renewal personal identification card issued to a person who is not a United
States citizen and who has not been granted status as a permanent resident of
the United States and who is not a special status individual, but who is a
Kentucky resident, shall be valid for a period equal to the length of time the
person's documentation from the United States Department of Homeland
Security, United States Bureau of Citizenship and Immigration Services is
issued, or four (4) years, whichever time period is shorter. An initial or
renewal personal identification card shall be valid for a period of two (2) years
if the person is not a special status individual and the person's documentation
issued by the United States Department of Justice, Immigration and
Naturalization Service, is issued for an indefinite period of time and does not
have an expiration date. The fee shall be the same as for a regular personal
identification card. (e) A personal identification card may be suspended or revoked if the person who was issued the card presents false or misleading information to the cabinet
when applying for the card. (8) (a) A person may be issued a personal identification card if the person currently holds a valid Kentucky instruction permit or operator's license. If a person's
instruction permit or operator's license has been suspended or revoked, the
person may be issued a temporary personal identification card. A temporary
personal identification shall be renewed annually and may be surrendered
when the person applies to have his or her instruction permit or operator's
license reinstated. Page 5 of 8 (b) Upon receipt of proper documentation provided by the Department of Corrections, the circuit clerk of the county in which a released felony offender
resides shall issue to any felony offender, if the felony offender is eligible,
released from the Department of Corrections on home incarceration, parole,
completed service of sentence, shock probation, or pardon, a personal
identification card or, if the felony offender is eligible, an operator's license.
Proper documentation under this paragraph shall consist of:
1. The offender's certificate of birth; 2. A copy of the offender's resident record card and parole certificate or
notice of discharge; 3. A photograph of the offender, printed on plastic card or paper; and 4. A release letter that shall contain the offender's:
a. Full legal name, subject to the information available to the
Department of Corrections; b. Discharge/release date; c. Signature; d. Social Security number; e. Date of birth; f. Present Kentucky address where he or she resides; and g. Physical description. The offender shall present this documentation to the circuit clerk within thirty
(30) calendar days from the date of the release letter and shall be responsible
for paying the fee for the personal identification card or operator's license
pursuant to KRS 186.531. The provisions of this paragraph shall apply only to
persons released on or after July 15, 2010. (c) Upon receipt of proper documentation provided by the Department of Corrections, the circuit clerk of the county in which a felony offender resides
shall issue to any felony offender, if the felony offender is eligible, probated or
conditionally discharged by the court and under the supervision of the
Division of Probation and Parole, a personal identification card or, if the
felony offender is eligible, an operator's license. Proper documentation under
this paragraph shall consist of:
1. The offender's certificate of birth; 2. The offender's sentencing order; 3. A photograph of the offender, printed on plastic card or paper; and 4. A notarized release letter, signed by the supervising officer verifying the
offender's status on supervision, that shall contain the offender's:
a. Full legal name, subject to the information available to the
Division of Probation and Parole; b. Signature; c. Social Security number; Page 6 of 8 d. Date of birth; e. Present Kentucky address where he or she resides; and f. Physical description. The offender shall present this documentation to the circuit clerk within thirty
(30) calendar days from the date of the notarized release letter. The offender
shall be responsible for paying the fee for the personal identification card or
operator's license pursuant to KRS 186.531. The provisions of this paragraph
shall apply only to persons released on or after July 15, 2010. (9) The Transportation Cabinet shall implement a voluntary statewide child identification program. The program shall issue a color photo personal
identification card to a child two (2) to fifteen (15) years of age. Application for a
child identification card shall be accompanied by a Social Security card and a birth
certificate for the child or other proof of the child's date of birth as provided under
subsection (2) of this section. The card shall contain the child's name and the toll-
free number of the Kentucky Missing Persons Clearinghouse, Department of
Kentucky State Police. The card shall not contain the child's Social Security
number. The cabinet shall set a four dollar ($4) fee for the child identification card.
Two dollars ($2) of the fee shall be used to cover the cabinet's cost for equipment
and supplies. Two dollars ($2) of the fee shall be an administrative fee of the circuit
clerk for issuing the card which shall be deposited by the Administrative Office of
the Courts into a trust and agency account for the circuit clerks and used for the
purposes of hiring additional deputy clerks and providing salary adjustments to
deputy clerks. The card shall expire every four (4) years on the child's birthday.
Within the time period that the child identification card is valid, the card may be
updated with a new photograph and information. The fee for an updated card shall
be four dollars ($4), with two dollars ($2) of the fee going to the cabinet and two
dollars ($2) going to the Administrative Office of the Courts in the same manner as
the fee for an initial card as described in this subsection. The descriptive data and a
photo image of the child shall be stored in the Kentucky Driver's License
Information System and may be retrieved and used by public agencies subject to the
provisions of the Driver Privacy Protection Act, 18 U.S.C. sec. 2721, and may also
be used by the Kentucky Missing Persons Clearinghouse. (10) If a citizen of the Commonwealth currently serving in the United States military is stationed or assigned to a base or other location outside the boundaries of the
Commonwealth, the citizen may renew a Class D operator's license issued under
this section by mail. If the citizen was issued an "under 21" operator's license, upon
the date of his or her twenty-first birthday, the "under 21" operator's license may be
renewed for an operator's license that no longer contains the outdated reference to
being "under 21." (11) A citizen of the Commonwealth renewing an operator's license by mail under subsection (10) of this section may have a personal designee apply to the circuit
clerk on behalf of the citizen to renew the citizen's operator's license. An operator's
license being renewed by mail under subsection (10) of this section shall be issued a Page 7 of 8 license without a photograph. The license shall show in the space provided for the
photograph the legend "valid without photo and signature." (12) (a) If a citizen of the Commonwealth has been serving in the United States military stationed or assigned to a base or other location outside the
boundaries of the Commonwealth and has allowed his or her operator's license
to expire, he or she shall, within ninety (90) days of returning to the
Commonwealth, be permitted to renew his or her license without having to
take a written test or road test. (b) A citizen who meets the criteria in paragraph (a) of this subsection shall not be convicted or cited for driving on an expired license prior to license renewal
during the ninety (90) days after the person's return to the Commonwealth if
the person can provide proof of his or her out-of-state service and dates of
assignment. (c) A citizen who meets the criteria in paragraph (a) of this subsection and who does not renew his or her license within ninety (90) days of returning to the
Commonwealth shall be required to comply with the provisions of this chapter
governing renewal of a license that has expired. (d) If a citizen of the Commonwealth has been issued an "under 21" or "under 21 CDL" operator's license and the person is unable to renew the license on the
date of his twenty-first birthday, the "under 21" or "under 21 CDL" operator's
license shall be valid for ninety (90) days beyond the date of the person's
twenty-first birthday. (13) The cabinet shall provide on each license to operate motor vehicles, motorcycles, and mopeds a space for the licensed driver's:
(a) Blood type;
(b) Medical insignia if the person provides evidence that a medical identification bracelet noting specific physical ailments or a drug allergy is being worn or
other proof as may be required by the cabinet; and (c) A statement whereby the owner of the license may certify in the presence of two (2) witnesses his willingness to make an anatomical gift under KRS
311.1917. (14) If the motor vehicle operator denotes a physical ailment or drug allergy on the operator's license, he may apply for and shall receive, for a fee of one dollar ($1)
paid to the circuit clerk, a medical insignia decal that may be affixed to the lower
left side of the front windshield of a motor vehicle. (15) An operator's license pursuant to this section shall be designated a Class D license.
(16) A person shall not have more than one (1) license.
(17) Upon marriage, a woman applying for an operator's license or a color photo personal identification card shall provide the circuit clerk with her marriage license
and complete an affidavit form provided by the circuit court clerk. She shall have
the following choices in regard to her full legal name as required in subsections (2)
and (7) of this section:
(a) Use her husband's last name; Page 8 of 8 (b) Retain her maiden name;
(c) Use her maiden name hyphenated with her husband's last name;
(d) Use her maiden name as a middle name and her husband's last name as her last name; or (e) In the case of a previous marriage, retain that husband's last name. (18) Upon issuing an operator's license or personal identification card, the clerk shall draw the recipient's attention to the location on the license relating to anatomical
gifts under subsection (13)(c) of this section and offer to allow personnel in the
clerk's office to serve as the witnesses to the recipient's certification of willingness
to make an anatomical gift if the recipient is the person to whom the license is
issued. Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 98, sec. 1, effective July 15, 2010; and ch. 161, sec. 32, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 46, sec. 2, effective
June 25, 2009. -- Amended 2008 Ky. Acts ch. 2, sec. 1, effective July 15, 2008. --
Amended 2007 Ky. Acts ch. 85, sec. 192, effective June 26, 2007. -- Amended 2006
Ky. Acts ch. 65, sec. 4, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 55,
sec. 1, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 96, sec. 1, effective
July 15, 2002; ch. 261, sec. 1, effective January 1, 2003; and ch. 264, sec. 4, effective
July 15, 2002. -- Amended 2000 Ky. Acts ch. 535, sec. 1, effective July 14, 2000. --
Amended 1998 Ky. Acts ch. 52, sec. 1, effective March 16, 1998; and ch. 192, sec. 1,
effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 185, sec. 1, effective July 15,
1996; and ch. 198, sec. 5, effective October 1, 1996. -- Amended 1994 Ky. Acts
ch. 86, sec. 1, effective July 15, 1994; ch. 393, sec. 9, effective January 1, 1995; and
ch. 481, sec. 1, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 455, sec. 29,
effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 165, sec. 1, effective July 15,
1988. -- Amended 1986 Ky. Acts ch. 142, sec. 1, effective July 15, 1986. -- Amended
1984 Ky. Acts ch. 402, sec. 2, effective July 13, 1984. -- Amended 1982 Ky. Acts
ch. 236, sec. 1, effective July 15, 1982; ch. 243, sec. 1, effective July 15, 1982; and
ch. 389, sec. 2, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 349, sec. 4,
effective June 17, 1978; and ch. 434, sec. 2, effective June 17, 1978. -- Amended
1974 Ky. Acts ch. 15, sec. 1, effective January 1, 1975; and ch. 124, sec. 1. --
Amended 1970 Ky. Acts ch. 22, sec. 1; and ch. 103, sec. 1. -- Amended 1968 Ky.
Acts ch. 63, sec. 3, effective June 13, 1968. -- Created 1958 Ky. Acts ch. 60, sec. 2. Legislative Research Commission Note (7/15/2010). This section was amended by 2010 Ky. Acts chs. 98 and 161, which do not appear to be in conflict and have been
codified together. Legislative Research Commission Note (7/15/94). This section was amended by 1994 Ky. Acts chs. 86, 393, and 481. Where these Acts are not in conflict, they have been
codified together. Where Acts chs. 86 and 481 are in conflict, Acts ch. 481, which
was the last enacted by the General Assembly, prevails under KRS 446.250. 1994
Ky. Acts ch. 393 amending this section is effective January 1, 1995, according to
OAG 94-42.