2006 Kentucky Revised Statutes - .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.

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 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. 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. 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; (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 Justice, Immigration and Naturalization Service: (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 Justice, Page 1 of 6 Immigration and Naturalization Service 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 Justice, Immigration and Naturalization Service, 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. (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 Justice, Immigration and Naturalization Service, 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 Page 2 of 6 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 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 Page 3 of 6 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 Justice, Immigration and Naturalization Service 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 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. (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, 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 Page 4 of 6 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 license without a photograph. The license shall show in the space provided for the photograph the legend "valid without photo and signature." (12) If a citizen of the Commonwealth has been serving in the United States military and has allowed his operator's license to expire, he shall, within ninety (90) days of returning to the Commonwealth, be permitted to renew his license without having to take a written test or road test. A citizen who does not renew his 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. 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 311.195. (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) Page 5 of 6 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; (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 12, 2006 History: 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 (7/15/94). 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. Page 6 of 6