2018 Kentucky Revised Statutes CHAPTER 186 - LICENSING OF MOTOR VEHICLES, OPERATORS, AND TRAILERS .4123 Personal identification card application for non-United States citizen or permanent resident -- Photograph -- Scanning of application documents -- Proof of residency -- Immigration documentation -- Immigration status and personal identity verification -- Term of identification card. (Effective January 1, 2019)
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186.4123
Personal identification card application for non-United States
citizen or permanent resident -- Photograph -- Scanning of application
documents -- Proof of residency -- Immigration documentation -Immigration status and personal identity verification -- Term of
identification card. (Effective January 1, 2019)
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As used in this section, "applicant" means a person who is not a United States
citizen and has not been granted status as a permanent resident of the United
States.
The Transportation Cabinet shall issue a personal identification card to an
applicant who:
(a) Is a Kentucky resident;
(b) Applies in person to either the Transportation Cabinet in Frankfort or a
Transportation Cabinet field office; and
(c) Complies with the provisions of this section.
Upon application for a personal identification card under this section, the
cabinet shall capture a photograph of the applicant in accordance with KRS
186.4102(1).
The cabinet shall electronically scan the documents required for application
under this section, supporting documents, and the photograph of the applicant
into the cabinet's database.
(a) An application for a personal identification card shall be accompanied by
the same information as is required for an operator's license under KRS
186.412, along with other documents required under this section, except if
an applicant does not have a fixed, permanent address, the applicant may
use as proof of residency a signed letter from a homeless shelter, health
care facility, or social service agency currently providing the applicant
treatment or services and attesting that the applicant is a resident of
Kentucky. An applicant who does not have a fixed, permanent address
shall not be issued a voluntary travel ID personal identification card.
(b) It shall be permissible for the application form for a personal identification
card to include as an applicant's most current resident address a mailing
address or an address provided on a voter registration card.
(c) 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 application form under this section shall be accompanied by the
applicant's documentation issued by the United States Department of
Homeland Security, United States Bureau of Citizenship and Immigration
Services, authorizing the applicant to be in the United States. The
Transportation Cabinet shall verify the information submitted under this
subsection through the Systematic Alien Verification for Entitlements (SAVE)
program.
The application form of a special status individual with a K-1 status shall be
accompanied by an original or certified copy of the applicant'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 applicant'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.
(8) (a) The Transportation Cabinet shall verify and validate the immigration
status and personal identity of an applicant under this section through
federal government systems and databases.
(b) If an applicant's identity and immigration status is validated, the cabinet
shall capture a photograph of the applicant, and scan the required
documents into the cabinet's database, and shall present the applicant
with a temporary personal identification card, which shall be valid for thirty
(30) days until a permanent personal identification card is mailed to the
applicant.
(c) An applicant under this section shall only be issued a standard personal
identification card.
(9) (a) An applicant shall apply to renew a personal identification card, or obtain
a duplicate personal identification card, at the Transportation Cabinet in
Frankfort or a Transportation Cabinet field office.
(b) If a person has any type of change in his or her immigration status, the
person shall apply to update with either the Transportation Cabinet in
Frankfort or a Transportation Cabinet field office within ten (10) days.
(10) (a) Every applicant for a personal identification card under this section shall
swear an oath to the Transportation Cabinet as to the truthfulness of the
statements contained on the application form.
(b) 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.
(11) (a) Except as provided in paragraph (b) of this subsection, an initial or
renewal personal identification card issued to an applicant who is not a
special status individual shall be valid for a period equal to the length of
time the applicant's documentation from the United States Department of
Homeland Security, United States Bureau of Citizenship and Immigration
Services, is valid, or eight (8) years, whichever time period is shorter.
(b) An initial or renewal personal identification card shall be valid for a period
of one (1) year if:
1.
The applicant is not a special status individual and the applicant's
documentation issued by the United States Department of
Homeland Security, United States Bureau of Citizenship and
Immigration Services, 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; or
2.
The personal identification card is issued to a person who does not
have a fixed, permanent address.
Effective:January 1, 2019
History: Created 2017 Ky. Acts ch. 100, sec. 5, effective January 1, 2019.
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