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AN ACT relating to the military. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 40.010 is amended to read as follows: 3
As used in this chapter[, the following terms have the following respective meanings, 4
unless another meaning is clearly required by the context]: 5
(1) "Administrator" means the adjutant general of the Commonwealth; 6
(2) "Veteran" means a person who served in the active Armed Forces of the United 7
States, during the Spanish American War, World War I, World War II, or the 8
Korean conflict, for a period of ninety (90) days or more (exclusive of time spent 9
AWOL; or in penal confinement as a result of a sentence imposed by court-martial; 10
or in service for which no allowance is made according to KRS 40.040), with some 11
portion of service within the respective hereinafter prescribed dates, who is still in 12
the Armed Forces, or was released, separated, discharged, or retired therefrom 13
under honorable conditions; 14
(3) "Duty in active Armed Forces" includes active duty, and any period of inactive duty 15
training during which the individual concerned was disabled; and if a person in the 16
active Armed Forces was released, separated, or discharged therefrom by reason of 17
disability incurred in line of duty before serving as much as ninety (90) days, such 18
person shall be qualified for entitlement to a bonus payment under this chapter, 19
notwithstanding failure to remain in service for the minimum time otherwise 20
prescribed; 21
(4) "Armed Forces" means the United States Army, Navy, Marine Corps, Air Force, 22
Space Force, and Coast Guard, including the reserve components thereof on active 23
duty; 24
(5) "Qualified veteran" means a person answering to the specifications set forth in 25
subsections (2) and (3), and who 26
(a) Was a resident of the Commonwealth at the time of entry into active service 27 UNOFFICIAL COPY 24 RS BR 1226
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in the Armed Forces and for at least six (6) months prior thereto; and 1
(b) Who has not received a bonus or like compensation from another state; and 2
(c) Who is not subject to the forfeiture provisions of this chapter; 3
(6) "Resident of the Commonwealth at the time of entry into the active service" means 4
any person who gave the Commonwealth of Kentucky, or any specific place in this 5
Commonwealth, as his or her place of residence at such time of entry, without 6
regard to the place of enlistment, commission, or induction. Conclusive and 7
exclusive evidence of such giving of place of residence shall be the official records 8
on file in the Department of Defense of the United States, or any official record 9
thereof in the files of the United States Department of Veterans Affairs; but if it be 10
shown to the satisfaction of the administrator that for any reason no such record was 11
made, or that the same has been lost, misplaced, or destroyed, or that an 12
authenticated copy thereof cannot be obtained within a reasonable time, other 13
evidence of bona fide residence may be accepted if deemed sufficient by the 14
administrator; 15
(7) "Resident," in any context other than as in subsection (6), means a legal resident as 16
determined by generally established principles of law, as may be defined, and 17
subject to proof, according to such regulations as the administrator may promulgate; 18
(8) "Beneficiary" means, in this order, widow, child or children (sharing equally), 19
mother, father, and no other; 20
(9) (a) "Widow" means a woman who was the wife of a veteran at the time of his 21
death, and who had not deserted him (except where there was a separation 22
which was due to the misconduct of, or procured by, the veteran without the 23
fault of the wife), and who had not remarried, (unless the purported 24
remarriage was void or had been annulled); 25
(b) The term "widow" also includes "widower" in the case of a man who was the 26
husband of a female veteran at the time of her death; 27 UNOFFICIAL COPY 24 RS BR 1226
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(10) "Child" means a person: 1
(a) Who is under the age of eighteen (18); or 2
(b) Who, before attaining the age of eighteen (18) years, became permanently 3
incapable of self-support; or 4
(c) Who, after attaining the age of eighteen (18) years and until completion of 5
education or training (but not after attaining the age of twenty-one (21) years) 6
is pursuing a course of instruction at a bona fide educational institution; and 7
who, in relationship to the veteran, is a child born in lawful wedlock; a legally 8
adopted child; a stepchild who is a member of a veteran's household or was a 9
member at the time of the veteran's death; or a child born out of wedlock, but, 10
as to the alleged father, only if acknowledged in writing signed by him, or if 11
he had, before his death, been judicially decreed to be the father of such child; 12
(11) "Mother" means a mother, a mother through adoption, or a woman who for a period 13
of not less than one (1) year stood in the relationship of a mother to a qualified 14
veteran before his or her entry into active service in the Armed Forces, or if two (2) 15
persons stood in such relationship for one (1) year or more, the person who last 16
stood in such relationship before the veteran's last entry into active service in the 17
Armed Forces; 18
(12) "Father" means a father, a father through adoption, or a man who for a period of not 19
less than one (1) year stood in the relationship of a father to a qualified veteran 20
before his or her entry into active service in the Armed Forces, or if two (2) persons 21
stood in such relationship for one (1) year or more, the person who last stood in 22
such relationship before the veteran's last entry into active service in the Armed 23
Forces; 24
(13) "In the continental United States" means any place in the District of Columbia and 25
the states of the United States which are on the North American continent, 26
exclusive of Alaska; 27 UNOFFICIAL COPY 24 RS BR 1226
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(14) "Outside the continental United States" means any place elsewhere than as defined 1
in subsection (13); 2
(15) "Spanish-American War": 3
(a) Means the period beginning on April 21, 1898, and ending on July 4, 1902; 4
(b) Includes the Philippine Insurrection and the Boxer Rebellion; and 5
(c) In the case of a veteran who served with the United States military forces 6
engaged in hostilities in the Moro Province, means the period beginning on 7
April 21, 1898, and ending on July 15, 1903; 8
(16) "World War I": 9
(a) Means the period beginning on April 6, 1917, and ending on November 11, 10
1918; and 11
(b) In the case of a veteran who served with the United States military forces in 12
Russia, means the period beginning on April 6, 1917, and ending on April 1, 13
1920; and 14
(c) Any service between April 6, 1917, and July 1, 1921, if some part thereof was 15
between April 6, 1917, and November 11, 1918, both dates being inclusive; 16
(17) "World War II" means the period beginning December 7, 1941, and ending 17
December 31, 1946; 18
(18) "Korean conflict" means the period beginning on June 27, 1950, and ending 19
January 31, 1955; 20
(19) "Bonus" and "veterans' bonus" means the compensation authorized by this chapter; 21
(20) "Bonus claim" means a claim or potential claim for a veterans' bonus; 22
(21) "Claimant" means one who seeks to obtain payment of a bonus claim. 23
Section 2. KRS 40.400 is amended to read as follows: 24
As used in KRS 40.410 to 40.560[, the following terms have the following respective 25
meanings, unless another meaning is clearly required by the context]: 26
(1) "Department of Military Affairs" means the office of the adjutant general, 27 UNOFFICIAL COPY 24 RS BR 1226
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Commonwealth of Kentucky; 1
(2) "Administrator" means the individual designated by the adjutant general to carry 2
out the responsibilities of KRS 40.410 to 40.560; 3
(3) "Armed Forces" means the United States Army, Navy, Marine Corps, Air Force, 4
Space Force, and Coast Guard, including the reserve components thereof on active 5
duty, other than for training, and shall not include the merchant marine; 6
(4) "Qualified veteran" means any person whose period of active duty service meets the 7
criteria set forth in subsection (5) or (6) of this section; 8
(5) "Qualifying Vietnam service" means service by any person who: 9
(a) Served as a member of the Armed Forces of the United States in Vietnam or 10
its contiguous waters or airspace, as defined in United States Department of 11
Defense Directive 1348.15, October 1, 1965, for a period of at least thirty (30) 12
days, unless such period was lessened as a result of death or medical 13
evacuation, during the period July 1, 1958, through May 15, 1975; or served 14
as a member of the Armed Forces of the United States in the Dominican 15
Republic, Congo, Thailand, Laos, or Cambodia, or participated in aerial 16
missions in the airspace over same, for a period of at least thirty (30) days, 17
unless such period was lessened as a result of death or medical evacuation, 18
during the period July 3, 1965, through May 15, 1975; or served as a member 19
of the Armed Forces of the United States and was awarded, or was eligible for 20
award of, the Vietnam Service Medal established by United States 21
Department of Defense Directive 1348.15, October 1, 1965; 22
(b) Was released, separated, or discharged from the Armed Forces under other 23
than dishonorable conditions or who is presently serving on active duty; 24
(c) Was a resident of the Commonwealth at the time of entry into active service 25
in the Armed Forces and for at least six (6) months prior thereto; and 26
(d) Has not received a similar bonus for such service from any other state; 27 UNOFFICIAL COPY 24 RS BR 1226
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(6) "Qualifying Vietnam era service" means service by any person who: 1
(a) Served in the Armed Forces of the United States on active duty, including 2
service in a reserve component thereof other than for training, for at least 3
ninety (90) consecutive days, exclusive of time lost as AWOL or in penal 4
confinement, during the period August 5, 1964, to May 15, 1975, but whose 5
service was in a location not included in subsection (5)(a) of this section; 6
(b) Was released, separated, or discharged from the Armed Forces under other 7
than dishonorable conditions or is still serving on active duty; 8
(c) Was a resident of the Commonwealth at the time of his or her entry into 9
active service in the Armed Forces and for at least six (6) months prior 10
thereto; and 11
(d) Has not received a similar bonus for such service from any other state; 12
(7) "Resident of the Commonwealth at the time of entry into the active service" means 13
any person who gave the Commonwealth of Kentucky, or any specific place in this 14
Commonwealth, as his or her place of residence at the time of entry. Conclusive 15
and exclusive evidence of the giving of place of residence shall be the official 16
records on file in the Department of Defense of the United States, or any official 17
record thereof in the files of the United States Department of Veterans Affairs; but 18
if it be shown to the satisfaction of the administrator that for any reason no such 19
record was made, or that it has been lost, misplaced, destroyed, or was in error, or 20
that an authenticated copy thereof cannot be obtained within a reasonable time, 21
other evidence of bona fide residence may be accepted if deemed sufficient by the 22
administrator; 23
(8) "Resident," in any context other than as in subsections (5) and (6) of this section, 24
means a legal resident as determined by generally established principles of law, as 25
may be defined, and subject to proof, according to the regulations the administrator 26
promulgates; 27 UNOFFICIAL COPY 24 RS BR 1226
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(9) "Beneficiary" means the following persons who were alive at the time of 1
application, in this order: widow, if none to the child or children equally, if none to 2
the mother and father equally, but if the father is dead, the mother, if living, shall 3
take the whole amount; but if the mother is dead, the father, if living, shall take the 4
whole amount; 5
(10) (a) "Widow" means a woman who was the wife of a qualified veteran at the time 6
of his death; 7
(b) The term "widow" also includes "widower" in the case of a man who was the 8
husband of a female qualified veteran at the time of her death; 9
(11) "Child" means a person: 10
(a) Who is under the age of eighteen (18) at the time application is made or who 11
was under the age of eighteen (18) at the time of the veteran's death; 12
(b) Who, before attaining the age of eighteen (18), became permanently incapable 13
of self-support; or 14
(c) Who, after attaining the age of eighteen (18) and until completion of 15
education or training, but not after attaining the age of twenty-three (23), is 16
pursuing a course of instruction at a bona fide educational institution; and 17
who, in relationship to the veteran, is a legitimate child; a legally adopted 18
child; a stepchild who is a member of a qualified veteran's household or was a 19
member at the time of the veteran's death; or an illegitimate child, but, as to 20
the alleged father, only if acknowledged in writing signed by him or if he had, 21
before his death, been judicially decreed to be the father of such child; 22
(12) "Mother" means a mother, a mother through adoption, or a woman who for a period 23
of not less than one (1) year stood in the relationship of a mother to a qualified 24
veteran before his or her entry into active service in the Armed Forces, or if two (2) 25
persons stood in such relationship for one (1) year or more, the person who last 26
stood in such relationship before the veteran's last entry into active service in the 27 UNOFFICIAL COPY 24 RS BR 1226
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Armed Forces; 1
(13) "Father" means a father, a father through adoption, or a man who for a period of not 2
less than one (1) year stood in the relationship of a father to a qualified veteran 3
before his or her entry into active service in the Armed Forces, or if two (2) persons 4
stood in such relationship for one (1) year or more, the person who last stood in 5
such relationship before the veteran's last entry into active service in the Armed 6
Forces; 7
(14) "In the continental United States" means any place in the District of Columbia and 8
the states of the United States which are on the North American continent, 9
exclusive of Alaska; 10
(15) "Outside the continental United States" means any place elsewhere than as defined 11
in subsection (14) of this section; 12
(16) "Bonus" and "Vietnam veterans' bonus" mean the compensation authorized by KRS 13
40.410 to 40.560; 14
(17) "Bonus claim" means a claim or potential claim for a Vietnam veterans' bonus; and 15
(18) "Claimant" means one who seeks to obtain payment of a bonus claim. 16
Section 3. KRS 156.730 is amended to read as follows: 17
ARTICLE I 18
Purpose 19
It is the purpose of this compact to remove barriers to educational success imposed on 20
children of military families because of frequent moves and deployment of their parents 21
by: 22
A. Facilitating the timely enrollment of children of military families and ensuring that 23
they are not placed at a disadvantage due to difficulty in the transfer of education 24
records from the previous school district(s) or variations in entrance/age 25
requirements; 26
B. Facilitating the student placement process through which children of military 27 UNOFFICIAL COPY 24 RS BR 1226
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families are not disadvantaged by variations in attendance requirements, 1
scheduling, sequencing, grading, course content, or assessment; 2
C. Facilitating the qualification and eligibility for enrollment, educational programs, 3
and participation in extracurricular academic, athletic, and social activities; 4
D. Facilitating the on-time graduation of children of military families; 5
E. Providing for promulgation and enforcement of administrative rules implementing 6
the provisions of this compact; 7
F. Providing for the uniform collection and sharing of information between and among 8
member states, schools, and military families under this compact; 9
G. Promoting coordination between this compact and other compacts affecting military 10
children; and 11
H. Promoting flexibility and cooperation between the educational system, parents, and 12
students in order to achieve educational success for students. 13
ARTICLE II 14
Definitions 15
As used in this compact, unless the context clearly requires a different construction: 16
A. "Active duty" means full-time duty status in the active uniformed service of the 17
United States, including members of the National Guard and Reserve on active duty 18
orders pursuant to 10 U.S.C. chs.[secs.] 1209 and 1211; 19
B. "Children of military families" means a school-aged child or children enrolled in 20
kindergarten through twelfth (12th) grade, in the household of an active duty 21
member; 22
C. "Compact commissioner" means the voting representative of each compacting state 23
appointed pursuant to Article VIII of this compact; 24
D. "Deployment" means the period of one (1) month prior to a service member's 25
departure from his or her home station on military orders through six (6) months 26
after return to the home station; 27 UNOFFICIAL COPY 24 RS BR 1226
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E. "Educational records" means those official records, files, and data directly related to 1
a student and maintained by the school or local education agency, including but not 2
limited to records encompassing all the material kept in the student's cumulative 3
folder such as general identifying data, records of attendance and of academic work 4
completed, records of achievement and results of evaluative tests, health data, 5
disciplinary status, test protocols, and individualized education programs; 6
F. "Extracurricular activities" means a voluntary activity sponsored by the school or 7
local education agency or an organization sanctioned by the local education agency. 8
Extracurricular activities include but are not limited to preparation for and 9
involvement in public performances, contests, athletics competitions, 10
demonstrations, displays, and club activities; 11
G. "Interstate Commission on Educational Opportunity for Military Children" means 12
the commission created under Article IX of this compact, which is generally 13
referred to as "Interstate Commission"; 14
H. "Local education agency" means a public authority legally constituted by the state 15
as an administrative agency to provide control of and direction for kindergarten 16
through twelfth (12th) grade public educational institutions; 17
I. "Member state" means a state that has enacted this compact; 18
J. "Military installation" means a base, camp, post, station, yard, center, homeport 19
facility for any ship, or other activity under the jurisdiction of the Department of 20
Defense, including any leased facility, which is located within any of the several 21
States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin 22
Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. 23
Territory. Such term does not include any facility used primarily for civil works, 24
rivers, and harbor projects, or flood control projects; 25
K. "Non-member state" means a state that has not enacted this compact; 26
L. "Receiving state" means the state to which a child of a military family is sent, 27 UNOFFICIAL COPY 24 RS BR 1226
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brought, or caused to be sent or brought; 1
M. "Rule" means a written statement by the Interstate Commission promulgated 2
pursuant to Article XII of this compact that is of general applicability, implements, 3
interprets, or prescribes a policy of the compact, or an organizational, procedural, or 4
practice requirement of the Interstate Commission, and has the force and effect of 5
statutory law in a member state, and includes the amendment, repeal, or suspension 6
of an existing rule; 7
N. "Sending state" means the state from which a child of a military family is sent, 8
brought, or caused to be sent or brought; 9
O. "State" means a state of the United States, the District of Columbia, the 10
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, 11
the Northern Marianas Islands, and any other U.S. Territory; 12
P. "Student" means the child of a military family for whom the local education agency 13
receives public funding and who is formally enrolled in kindergarten through 14
twelfth (12th) grade; 15
Q. "Transition" means the formal and physical process of transferring from school to 16
school or the period of time in which a student moves from one school in the 17
sending state to another school in the receiving state; 18
R. "Uniformed service(s)" means the Army, Navy, Air Force, Marine Corps, and 19
Coast Guard, as well as the Commissioned Corps of the National Oceanic and 20
Atmospheric Administration, and Public Health Services; and 21
S. "Veteran" means a person who served in the uniformed services and who was 22
discharged or released therefrom under conditions other than dishonorable. 23
ARTICLE III 24
Applicability 25
A. Except as otherwise provided in this section, this compact shall apply to the 26
children of: 27 UNOFFICIAL COPY 24 RS BR 1226
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1. Active duty members of the uniformed services as defined in this compact, 1
including members of the National Guard and Reserve on active duty orders 2
pursuant to 10 U.S.C. chs.[secs.] 1209 and 1211; 3
2. Members or veterans of the uniformed services who are severely injured and 4
medically discharged or retired for a period of one (1) year after medical 5
discharge or retirement; and 6
3. Members of the uniformed services who die on active duty or as a result of 7
injuries sustained on active duty for a period of one (1) year after death. 8
B. The provisions of this interstate compact shall only apply to local education 9
agencies as defined in this compact. 10
C. The provisions of this compact shall not apply to the children of: 11
1. Inactive members of the National Guard and Military Reserves; 12
2. Members of the uniformed services now retired, except as provided for in this 13
section; 14
3. Veterans of the uniformed services, except as provided for in this section; and 15
4. Other U.S. Department of Defense personnel and other federal agency civilian 16
and contract employees not defined as active duty members of the uniformed 17
services. 18
ARTICLE IV 19
Educational Records and Enrollment 20
A. Unofficial or "hand-carried" educational records: In the event that official 21
educational records cannot be released to the parents for the purpose of transfer, the 22
custodian of the records in the sending state shall prepare and furnish to the parent a 23
complete set of unofficial educational records containing uniform information as 24
determined by the Interstate Commission. Upon receipt of the unofficial 25
educational records by a school in the receiving state, the school shall enroll and 26
appropriately place the student based on the information provided in the unofficial 27 UNOFFICIAL COPY 24 RS BR 1226
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records pending validation by the official records, as quickly as possible. 1
B. Official educational records/transcripts: Simultaneous with the enrollment and 2
conditional placement of the student, the school in the receiving state shall request 3
the student's official record from the school in the sending state. Upon receipt of 4
this request, the school in the sending state will process and furnish the official 5
educational records to the school in the receiving state within ten (10) days or 6
within such time as is reasonably determined under the rules promulgated by the 7
Interstate Commission. 8
C. Immunizations: Compacting states shall give thirty (30) days from the date of 9
enrollment, or within such time as is reasonably determined under the rules 10
promulgated by the Interstate Commission, for students to obtain any 11
immunization(s) required by the receiving state. For a series of immunizations, 12
initial vaccinations must be obtained within thirty (30) days or within such time as 13
is reasonably determined under the rules promulgated by the Interstate 14
Commission. 15
D. Kindergarten and first grade entrance age: Students shall be allowed to continue 16
their enrollment at the grade level in the receiving state commensurate with their 17
grade level (including kindergarten) from a local education agency in the sending 18
state at the time of transition, regardless of age. A student that has satisfactorily 19
completed the prerequisite grade level in the local education agency in the sending 20
state shall be eligible for enrollment in the next highest grade level in the receiving 21
state, regardless of age. A student transferring after the start of the school year in 22
the receiving state shall enter the school in the receiving state on their validated 23
level from an accredited school in the sending state. 24
ARTICLE V 25
Placement and Attendance 26
A. Course placement: When the student transfers before or during the school year, the 27 UNOFFICIAL COPY 24 RS BR 1226
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receiving state shall initially honor placement of the student in educational courses 1
based on the student's enrollment in the sending state school and/or educational 2
assessments conducted at the school in the sending state if the courses are offered. 3
Course placement includes but is not limited to Honors, International 4
Baccalaureate, Advance Placement, vocational, technical, and career pathways 5
courses. Continuing the student's academic program from the previous school and 6
promoting placement in academically and career challenging courses should be 7
paramount when considering placement. This does not preclude the school in the 8
receiving state from performing subsequent evaluations to ensure appropriate 9
placement and continued enrollment of the student in the course(s). 10
B. Educational program placement: The receiving state shall initially honor placement 11
of the student in educational programs based on current educational assessments 12
conducted at the school in the sending state or participation/placement in like 13
programs in the sending state. Such programs include but are not limited to: 14
1. Gifted and talented programs; and 15
2. English as a second language (ESL). 16
This does not preclude the school in the receiving state from performing subsequent 17
evaluations to ensure appropriate placement of the student. 18
C. Special education services: 19
1. In compliance with the federal requirements of the Individuals with 20
Disabilities Education Act (IDEA), 20 U.S.C.A. sec. 1400 et seq., the 21
receiving state shall initially provide comparable services to a student with 22
disabilities based on his or her current Individualized Education Program 23
(IEP); and 24
2. In compliance with the requirements of Section 504 of the Rehabilitation Act, 25
29 U.S.C.A. sec. 794, and with Title II of the Americans with Disabilities Act, 26
42 U.S.C.A. secs. 12131 to 12165[12131-12165], the receiving state shall 27 UNOFFICIAL COPY 24 RS BR 1226
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make reasonable accommodations and modifications to address the needs of 1
incoming students with disabilities, subject to an existing 504 or Title II Plan, 2
to provide the student with equal access to education. This does not preclude 3
the school in the receiving state from performing subsequent evaluations to 4
ensure appropriate placement of the student. 5
D. Placement flexibility: Local education agency administrative officials shall have 6
flexibility in waiving course or program prerequisites, or other preconditions for 7
placement in courses or programs offered under the jurisdiction of the local 8
education agency. 9
E. Absence as related to deployment activities: A student whose parent or legal 10
guardian is an active member of the uniformed services, as defined by this compact, 11
and has been called to active duty for, is on leave from, or immediately returned 12
from deployment to a combat zone or combat support posting, shall be granted 13
additional excused absences at the discretion of the local education agency 14
superintendent to visit with his or her parent or legal guardian relative to such leave 15
or deployment of the parent or guardian. 16
ARTICLE VI 17
Eligibility 18
A. Eligibility for enrollment: 19
1. Special power of attorney, relative to the guardianship of a child of a military 20
family and executed under applicable law shall be sufficient for the purposes 21
of enrollment and all other actions requiring parental participation and 22
consent; 23
2. A local education agency shall be prohibited from charging local tuition to a 24
transitioning military child placed in the care of a non-custodial parent or 25
other person standing in loco parentis who lives in the jurisdiction other than 26
that of the custodial parent; and 27 UNOFFICIAL COPY 24 RS BR 1226
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3. A transitioning military child, placed in the care of a non-custodial parent or 1
other person standing in loco parentis who lives in a jurisdiction other than 2
that of the custodial parent, may continue to attend the school in which he or 3
she was enrolled while residing with the custodial parent. 4
B. Eligibility for extracurricular participation: State and local education agencies shall 5
facilitate the opportunity for transitioning military children's inclusion in 6
extracurricular activities, regardless of application deadlines, to the extent they are 7
otherwise qualified. 8
ARTICLE VII 9
Graduation 10
In order to facilitate the on-time graduation of children of military families, state and 11
local education agencies shall incorporate the following procedures: 12
A. Waiver requirements: Local education agency administrative officials shall waive 13
specific courses required for graduation if similar course work has been 14
satisfactorily completed in another local education agency or shall provide 15
reasonable justification for denial. Should a waiver not be granted to a student who 16
would qualify to graduate from the sending school, the local education agency shall 17
provide alternative means of acquiring required coursework so that graduation may 18
occur on time. 19
B. Exit exams - States shall accept: 20
1. Exit or end-of-course exams required for graduation from the sending state; 21
2. National norm-referenced achievement tests; or 22
3. Alternative testing, in lieu of testing requirements for graduation in the 23
receiving state. 24
In the event the above alternatives cannot be accommodated by the receiving state 25
for a student transferring in his or her senior year, then the provisions of Article 26
VII, C shall apply. 27 UNOFFICIAL COPY 24 RS BR 1226
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C. Transfers during senior year: Should a military student transferring at the beginning 1
or during his or her senior year be ineligible to graduate from the receiving local 2
education agency after all alternatives have been considered, the sending and 3
receiving local education agencies shall ensure the receipt of diploma from the 4
sending local education agency if the student meets the graduation requirements of 5
the sending local education agency. In the event that one of the states in question is 6
not a member of this compact, the member state shall use best efforts to facilitate 7
the on-time graduation of the student in accordance with sections A and B of this 8
Article. 9
ARTICLE VIII 10
State Coordination 11
A. Each member state shall, through the creation of a State Council or use of an 12
existing body or board, provide for the coordination among its agencies of 13
government, local education agencies, and military installations concerning the 14
state's participation in, and compliance with, this compact and Interstate 15
Commission activities. While each member state may determine the membership of 16
its own State Council, its membership must include at least: 17
1. The state superintendent of education; 18
2. A superintendent of a school district with a high concentration of military 19
children; 20
3. A representative from a military installation; 21
4. One legislative member each from the General Assembly's Senate and House 22
of Representatives, to be chosen respectively by the President of the Senate 23
and the Speaker of the House of Representatives. The respective leaders will 24
then forward the names of their chosen members to the Governor. The 25
members shall serve at the pleasure of the President and Speaker; 26
5. One representative from the executive branch of government; and 27 UNOFFICIAL COPY 24 RS BR 1226
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6. Other offices and stakeholder groups the State Council deems appropriate. 1
A member state that does not have a school district deemed to contain a high 2
concentration of military children may appoint a superintendent from another 3
school district to represent local education agencies on the State Council. 4
B. The State Council of each member state shall appoint or designate a military family 5
education liaison to assist military families and the state in facilitating the 6
implementation of this compact. 7
C. The compact commissioner responsible for the administration and management of 8
the state's participation in the compact shall be appointed by the Governor or as 9
otherwise determined by each member state. 10
D. The compact commissioner and the military family education liaison designated 11
herein shall be ex-officio members of the State Council, unless either is already a 12
voting member of the State Council. 13
ARTICLE IX 14
Interstate Commission on Educational Opportunity for Military Children 15
The member states hereby create the "Interstate Commission on Educational Opportunity 16
for Military Children." The activities of the Interstate Commission are the formation of 17
public policy and are a discretionary state function. The Interstate Commission shall: 18
A. Be a body corporate and joint agency of the member states and shall have all the 19
responsibilities, powers, and duties set forth herein, and such additional powers as 20
may be conferred upon it by a subsequent concurrent action of the respective 21
legislatures of the member states in accordance with the terms of this compact. 22
B. Consist of one Interstate Commission voting representative from each member state 23
who shall be that state's compact commissioner. 24
1. Each member state represented at a meeting of the Interstate Commission is 25
entitled to a vote. 26
2. A majority of the total member states shall constitute a quorum for the 27 UNOFFICIAL COPY 24 RS BR 1226
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transaction of business, unless a larger quorum is required by the bylaws of 1
the Interstate Commission. 2
3. A representative shall not delegate a vote to another member state. In the 3
event the compact commissioner is unable to attend a meeting of the Interstate 4
Commission, the Governor or State Council may delegate voting authority to 5
another person from their state for a specified meeting. 6
4. The bylaws may provide for meetings of the Interstate Commission to be 7
conducted by telecommunication or electronic communication. 8
C. Consist of ex-officio, non-voting representatives who are members of interested 9
organizations. Such ex-officio members, as defined in the bylaws, may include but 10
not be limited to members of the representative organizations of military family 11
advocates, local education agency officials, parent and teacher groups, the U.S. 12
Department of Defense, the Education Commission of the States, the Interstate 13
Agreement on the Qualification of Educational Personnel, and other interstate 14
compacts affecting the education of children of military members. 15
D. Meet at least once each calendar year. The chairperson may call additional meetings 16
and, upon the request of a simple majority of the member states, shall call 17
additional meetings. 18
E. Establish an executive committee, whose members shall include the officers of the 19
Interstate Commission and such other members of the Interstate Commission as 20
determined by the bylaws. Members of the executive committee shall serve a one 21
(1) year term. Members of the executive committee shall be entitled to one (1) vote 22
each. The executive committee shall have the power to act on behalf of the 23
Interstate Commission, with the exception of rulemaking, during periods when the 24
Interstate Commission is not in session. The executive committee shall oversee the 25
day-to-day activities of the administration of the compact including enforcement 26
and compliance with the provisions of the compact, its bylaws and rules, and other 27 UNOFFICIAL COPY 24 RS BR 1226
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such duties as deemed necessary. The U.S. Department of Defense shall serve as an 1
ex-officio, nonvoting member of the executive committee. 2
F. Establish bylaws and rules that provide for conditions and procedures under which 3
the Interstate Commission shall make its information and official records available 4
to the public for inspection or copying. The Interstate Commission may exempt 5
from disclosure information or official records to the extent they would adversely 6
affect personal privacy rights or proprietary interests. 7
G. Give public notice of all meetings and all meetings shall be open to the public, 8
except as set forth in the rules or as otherwise provided in the compact. The 9
Interstate Commission and its committees may close a meeting, or portion thereof, 10
where it determines by two-thirds vote that an open meeting would be likely to: 11
1. Relate solely to the Interstate Commission's internal personnel practices and 12
procedures; 13
2. Disclose matters specifically exempted from disclosure by federal and state 14
statute; 15
3. Disclose trade secrets or commercial or financial information which is 16
privileged or confidential; 17
4. Involve accusing a person of a crime, or formally censuring a person; 18
5. Disclose information of a personal nature where disclosure would constitute a 19
clearly unwarranted invasion of personal privacy; 20
6. Disclose investigative records compiled for law enforcement purposes; or 21
7. Specifically relate to the Interstate Commission's participation in a civil action 22
or other legal proceeding. 23
H. Certify, for a meeting or portion of a meeting closed pursuant to this provision, by 24
the Interstate Commission's legal counsel or designee, that the meeting may be 25
closed and in so doing reference each relevant exemptible provision. The Interstate 26
Commission shall keep minutes which shall fully and clearly describe all matters 27 UNOFFICIAL COPY 24 RS BR 1226
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discussed in a meeting and shall provide a full and accurate summary of actions 1
taken, and the reasons therefore, including a description of the views expressed and 2
the record of a roll call vote. All documents considered in connection with an action 3
shall be identified in such minutes. All minutes and documents of a closed meeting 4
shall remain under seal, subject to release by a majority vote or the Interstate 5
Commission. 6
I. Collect standardized data concerning the educational transition of the children of 7
military families under this compact as directed through its rules which shall 8
specify the data to be collected, the means of collection, and data exchange and 9
reporting requirements. Such methods of data collection, exchange, and reporting 10
shall, in so far as is reasonably possible, conform to current technology and 11
coordinate its information functions with the appropriate custodian of records as 12
identified in the bylaws and rules. 13
J. Create a process that permits military officials, education officials, and parents to 14
inform the Interstate Commission if and when there are alleged violations of the 15
compact or its rules or when issues subject to the jurisdiction of the compact or its 16
rules are not addressed by the state or local education agency. This subsection shall 17
not be construed to create a private right of action against the Interstate 18
Commission or any member state. 19
ARTICLE X 20
Powers and Duties of the Interstate Commission 21
The Interstate Commission shall have the following powers: 22
A. To provide for dispute resolution among member states; 23
B. To promulgate rules and take all necessary actions to effect the goals, purposes, and 24
obligations as enumerated in this compact. The rules shall have the force and effect 25
of statutory law and shall be binding in the compact states to the extent and in the 26
manner provided in this compact; 27 UNOFFICIAL COPY 24 RS BR 1226
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C. To issue, upon request of a member state, advisory opinions concerning the 1
meaning or interpretation of the interstate compact, its bylaws, rules, and actions; 2
D. To enforce compliance with the compact provisions, the rules promulgated by the 3
Interstate Commission, and the bylaws, using all necessary and proper means, 4
including but not limited to the use of judicial process; 5
E. To establish and maintain offices which shall be located within one or more of the 6
member states; 7
F. To purchase and maintain insurance and bonds; 8
G. To borrow, accept, hire, or contract for services of personnel; 9
H. To establish and appoint committees including but not limited to an executive 10
committee as required by Article IX, Section E, which shall have the power to act 11
on behalf of the Interstate Commission in carrying out its powers and duties 12
hereunder; 13
I. To elect or appoint such officers, attorneys, employees, agents, or consultants and 14
to fix their compensation, define their duties and determine their qualifications to 15
establish the Interstate Commission's personnel policies and programs relating to 16
conflicts of interest, rates of compensation, and qualifications of personnel; 17
J. To accept any and all donations and grants of money, equipment, supplies, 18
materials, and services, and to receive, utilize, and dispose of them; 19
K. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, 20
improve, or use any property, whether real, personal, or mixed; 21
L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose 22
of any property, whether real, personal, or mixed; 23
M. To establish a budget and make expenditures; 24
N. To adopt a seal and bylaws governing the management and operation of the 25
Interstate Commission; 26
O. To report annually to the legislatures, governors, judiciary, and state councils of the 27 UNOFFICIAL COPY 24 RS BR 1226
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member states concerning the activities of the Interstate Commission during the 1
preceding year. Such reports shall also include any recommendations that may have 2
been adopted by the Interstate Commission; 3
P. To coordinate education, training and public awareness regarding the compact, its 4
implementation, and operation for officials and parents involved in such activity; 5
Q. To establish uniform standards for the reporting, collecting, and exchanging of data; 6
R. To maintain corporate books and records in accordance with the bylaws; 7
S. To perform such functions as may be necessary or appropriate to achieve the 8
purposes of this compact; and 9
T. To provide for the uniform collection and sharing of information between and 10
among member states, schools, and military families under this compact. 11
ARTICLE XI 12
Organization and Operation of the Interstate Commission 13
A. The Interstate Commission shall, by a majority of the members present and voting, 14
within twelve (12) months after the first Interstate Commission meeting, adopt 15
bylaws to govern its conduct as may be necessary or appropriate to carry out the 16
purposes of the compact, including but not limited to: 17
1. Establishing the fiscal year of the Interstate Commission; 18
2. Establishing an executive committee and such other committees as may be 19
necessary; 20
3. Providing for the establishment of committees and for governing any general 21
or specific delegation of authority or function of the Interstate Commission; 22
4. Providing reasonable procedures for calling and conducting meetings of the 23
Interstate Commission and ensuring reasonable notice of each such meeting; 24
5. Establishing the titles and responsibilities of the offices and staff of the 25
Interstate Commission; 26
6. Providing a mechanism for concluding the operations of the Interstate 27 UNOFFICIAL COPY 24 RS BR 1226
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Commission and the return of surplus funds that may exist upon the 1
termination of the compact after the payment and reserving of all of its debts 2
and obligations; and 3
7. Providing "start up" rules for initial administration of the compact. 4
B. The Interstate Commission shall, by a majority of the members, elect annually from 5
among its members a chairperson, a vice-chairperson, and a treasurer, each of 6
whom shall have such authority and duties as may be specified in the bylaws. The 7
chairperson, or in the chairperson's absence or disability, the vice-chairperson, shall 8
preside at all meetings of the Interstate Commission. The officers so elected shall 9
serve without compensation or remuneration from the Interstate Commission; 10
provided that, subject to the availability of budgeted funds, the officers shall be 11
reimbursed for ordinary and necessary costs and expenses incurred by them in the 12
performance of their responsibilities as officers of the Interstate Commission. 13
C. Executive Committee, Officers, and Personnel: 14
1. The executive committee shall have authority and duties as may be set forth in 15
the bylaws, including but not limited to: 16
a. Managing the affairs of the Interstate Commission in a manner 17
consistent with the bylaws and purposes of the Interstate Commission; 18
b. Overseeing an organizational structure within, and appropriate 19
procedures for, the Interstate Commission to provide for the creation of 20
rules, operating procedures, and administrative and technical support 21
functions; and 22
c. Planning, implementing, and coordinating communications and 23
activities with other state, federal, and local government organizations in 24
order to advance the goals of the Interstate Commission. 25
2. The executive committee may, subject to the approval of the Interstate 26
Commission, appoint or retain an executive director for such period, upon 27 UNOFFICIAL COPY 24 RS BR 1226
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such terms and conditions, and for such compensation, as the Interstate 1
Commission may deem appropriate. The executive director shall serve as 2
secretary to the Interstate Commission, but shall not be a member of the 3
Interstate Commission. The executive director shall hire and supervise such 4
other persons as may be authorized by the Interstate Commission. 5
D. The Interstate Commission's executive director and its employees shall be immune 6
from suit and liability, either personally or in their official capacity, for a claim for 7
damage to or loss of property or personal injury or other civil liability caused or 8
arising out of or relating to an actual or alleged act, error, or omission that occurred, 9
or that such person had a reasonable basis for believing occurred, within the scope 10
of Interstate Commission employment, duties, or responsibilities; provided, that 11
such person shall not be protected from suit or liability for damage, loss, injury, or 12
liability caused by the intentional or willful and wanton misconduct of such person. 13
1. The liability of the Interstate Commission's executive director and employees 14
or Interstate Commission representatives, acting within the scope of such 15
person's employment or duties for acts, errors, or omissions occurring within 16
such person's state may not exceed the limits of liability set forth under the 17
constitution and laws of that state for state officials, employees, and agents. 18
The Interstate Commission is considered to be an instrumentality of the states 19
for the purposes of any such action. Nothing in this subsection shall be 20
construed to protect such person from suit or liability for damage, loss, injury, 21
or liability caused by intentional or willful and wanton misconduct of such 22
person. 23
2. The Interstate Commission shall defend the executive director and its 24
employees and, subject to the approval of the Attorney General or other 25
appropriate legal counsel of the member state represented by an Interstate 26
Commission representative, shall defend such Interstate Commission 27 UNOFFICIAL COPY 24 RS BR 1226
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representative in any civil action seeking to impose liability arising out of an 1
actual or alleged act, error, or omission that occurred within the scope of 2
Interstate Commission employment, duties, or responsibilities, or that the 3
defendant had a reasonable basis for believing occurred within the scope of 4
the Interstate Commission employment, duties, or responsibilities, provided 5
that the actual or alleged act, error, or omission did not result from intentional 6
or willful and wanton misconduct on the part of such persons. 7
3. To the extent not covered by the state involved, member state, or the Interstate 8
Commission, the representatives or employees of the Interstate Commission 9
shall be held harmless in the amount of a settlement or judgment, including 10
attorney's fees and costs, obtained against such persons arising out of an 11
actual or alleged act, error, or omission that occurred within the scope of 12
Interstate Commission employment, duties, or responsibilities, or that such 13
persons had a reasonable basis for believing occurred within the scope of 14
Interstate Commission employment, duties, or responsibilities, provided that 15
the actual or alleged act, error, or omission did not result from intentional or 16
willful and wanton misconduct on the part of such persons. 17
ARTICLE XII 18
Rulemaking Functions of the Interstate Commission 19
A. Rulemaking Authority: The Interstate Commission shall promulgate reasonable 20
rules in order to effectively and efficiently achieve the purposes of this compact. 21
Notwithstanding the foregoing, in the event the Interstate Commission exercises its 22
rulemaking authority in a manner that is beyond the scope of the purposes of this 23
Act, or the powers granted hereunder, then such an action by the Interstate 24
Commission shall be invalid and have no force or effect. 25
B. Rulemaking Procedure: Rules shall be made pursuant to a rulemaking process that 26
substantially conforms to the "Model State Administrative Procedure Act," of 1981, 27 UNOFFICIAL COPY 24 RS BR 1226
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Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to 1
the operations of the Interstate Commission. 2
C. Not later than thirty (30) days after a rule is promulgated, any person may file a 3
petition for judicial review of the rule; provided, that the filing of such a petition 4
shall not stay or otherwise prevent the rule from becoming effective unless the court 5
finds that the petitioner has a substantial likelihood of success. The court shall give 6
deference to the actions of the Interstate Commission consistent with applicable law 7
and shall not find the rule to be unlawful if the rule represents a reasonable exercise 8
of the Interstate Commission's authority. 9
D. If a majority of the legislatures of the compacting states rejects a Rule by enactment 10
of a statute or resolution in the same manner used to adopt the compact, then such 11
rule shall have no further force and effect in any compacting state. 12
ARTICLE XIII 13
Oversight, Enforcement, and Dispute Resolution 14
A. Oversight: 15
1. The executive, legislative, and judicial branches of state government in each 16
member state shall enforce this compact and shall take all actions necessary 17
and appropriate to effectuate the compact's purposes and intent. The 18
provisions of this compact and the rules promulgated hereunder shall have 19
standing as statutory law. 20
2. All courts shall take judicial notice of the compact and the rules in any 21
judicial or administrative proceeding in a member state pertaining to the 22
subject matter of this compact which may effect the powers, responsibilities, 23
or actions of the Interstate Commission. 24
3. The Interstate Commission shall be entitled to receive all service of process in 25
any such proceeding, and shall have standing to intervene in the proceeding 26
for all purposes. Failure to provide service of process to the Interstate 27 UNOFFICIAL COPY 24 RS BR 1226
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Commission shall render a judgment or order void as to the Interstate 1
Commission, this compact, or promulgated rules. 2
B. Default, Technical Assistance, Suspension, and Termination - If the Interstate 3
Commission determines that a member state has defaulted in the performance of its 4
obligations or responsibilities under this compact, the bylaws, or promulgated rules, 5
the Interstate Commission shall: 6
1. Provide written notice to the defaulting state and other member states of the 7
nature of default, the means of curing the default, and any action taken by the 8
Interstate Commission. The Interstate Commission shall specify the 9
conditions by which the defaulting state must cure its default; and 10
2. Provide remedial training and specific technical assistance regarding the 11
default. 12
3. If the defaulting state fails to cure the default, the defaulting state shall be 13
terminated from the compact upon an affirmative vote of a majority of the 14
member states and all rights, privileges, and benefits conferred by this 15
compact shall be terminated from the effective date of termination. A cure of 16
the default does not relieve the offending state of obligations or liabilities 17
incurred during the period of default. 18
4. Suspension or termination of membership in the compact shall be imposed 19
only after all other means of securing compliance have been exhausted. 20
Notice of intent to suspend or terminate shall be given by the Interstate 21
Commission to the Governor, the majority and minority leaders of the 22
defaulting state's legislature, and each of the member states. 23
5. The state which has been suspended or terminated is responsible for all 24
assessments, obligations, and liabilities incurred through the effective date of 25
suspension or termination, including obligations the performance of which 26
extends beyond the effective date of suspension or termination. 27 UNOFFICIAL COPY 24 RS BR 1226
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6. The Interstate Commission shall not bear any costs relating to any state that 1
has been found to be in default or which has been suspended or terminated 2
from the compact unless otherwise mutually agreed upon in writing between 3
the Interstate Commission and the defaulting state. 4
7. The defaulting state may appeal the action of the Interstate Commission by 5
petitioning the U.S. District Court for the District of Columbia or the federal 6
district where the Interstate Commission has its principal offices. The 7
prevailing party shall be awarded all costs of such litigation, including 8
reasonable attorney's fees. 9
C. Dispute Resolution: 10
1. The Interstate Commission shall attempt, upon the request of a member state, 11
to resolve disputes which are subject to the compact and which may arise 12
among member states and between member and non-member states. 13
2. The Interstate Commission shall promulgate a rule providing for both 14
mediation and binding dispute resolution for disputes as appropriate. 15
D. Enforcement: 16
1. The Interstate Commission, in the reasonable exercise of its discretion, shall 17
enforce the provisions and rules of this compact. 18
2. The Interstate Commission may by majority vote of the members initiate legal 19
action in the United States District Court for the District of Columbia or, at 20
the discretion of the Interstate Commission, in the federal district where the 21
Interstate Commission has its principal offices, to enforce compliance with 22
the provisions of the compact, its promulgated rules, and bylaws against a 23
member state in default. The relief sought may include both injunctive relief 24
and damages. In the event judicial enforcement is necessary the prevailing 25
party shall be awarded all costs of such litigation, including reasonable 26
attorney's fees. 27 UNOFFICIAL COPY 24 RS BR 1226
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3. The remedies herein shall not be the exclusive remedies of the Interstate 1
Commission. The Interstate Commission may avail itself of any other 2
remedies available under state law or the regulation of a profession. 3
ARTICLE XIV 4
Financing of the Interstate Commission 5
A. The Interstate Commission shall pay, or provide for the payment of, the reasonable 6
expenses of its establishment, organization, and ongoing activities. 7
B. The Interstate Commission may levy on and collect an annual assessment from each 8
member state to cover the cost of the operations and activities of the Interstate 9
Commission and its staff, which must be in a total amount sufficient to cover the 10
Interstate Commission's annual budget as approved each year. The aggregate annual 11
assessment amount shall be allocated based upon a formula to be determined by the 12
Interstate Commission, which shall promulgate a rule binding upon all member 13
states. 14
C. The Interstate Commission shall not incur obligations of any kind prior to securing 15
the funds adequate to meet the same; nor shall the Interstate Commission pledge the 16
credit of any of the member states except by and with the authority of the member 17
state. 18
D. The Interstate Commission shall keep accurate accounts of all receipts and 19
disbursements. The receipts and disbursements of the Interstate Commission shall 20
be subject to the audit and accounting procedures established under its bylaws. 21
However, all receipts and disbursements of funds handled by the Interstate 22
Commission shall be audited yearly by a certified or licensed public accountant and 23
the report of the audit shall be included in and become part of the annual report of 24
the Interstate Commission. 25
ARTICLE XV 26
Member States, Effective Date, and Amendment 27 UNOFFICIAL COPY 24 RS BR 1226
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A. Any state is eligible to become a member state. 1
B. The compact shall become effective and binding upon legislative enactment of the 2
compact into law by no less than ten (10) of the states. The effective date shall be 3
no earlier than December 1, 2007. Thereafter it shall become effective and binding 4
as to any other member state upon enactment of the compact into law by that state. 5
The governors of non-member states or their designees shall be invited to 6
participate in the activities of the Interstate Commission on a non-voting basis prior 7
to adoption of the compact by all states. 8
C. The Interstate Commission may propose amendments to the compact for enactment 9
by the member states. No amendment shall become effective and binding upon the 10
Interstate Commission and the member states unless and until it is enacted into law 11
by unanimous consent of the member states. 12
ARTICLE XVI 13
Withdrawal and Dissolution 14
A. Withdrawal: 15
1. Once effective, the compact shall continue in force and remain binding upon 16
each and every member state, provided that a member state may withdraw 17
from the compact by specifically repealing the statute which enacted the 18
compact into law. 19
2. Withdrawal from this compact shall be by the enactment of a statute repealing 20
the same, but shall not take effect until one (1) year after the effective date of 21
such statute and until written notice of the withdrawal has been given by the 22
withdrawing state to the Governor of each other member state jurisdiction. 23
3. The withdrawing state shall immediately notify the chairperson of the 24
Interstate Commission in writing upon the introduction of legislation 25
repealing this compact in the withdrawing state. The Interstate Commission 26
shall notify the other member states of the withdrawing state's intent to 27 UNOFFICIAL COPY 24 RS BR 1226
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withdraw within sixty (60) days of its receipt thereof. 1
4. The withdrawing state is responsible for all assessments, obligations, and 2
liabilities incurred through the effective date of withdrawal, including 3
obligations the performance of which extends beyond the effective date of 4
withdrawal. 5
5. Reinstatement following withdrawal of a member state shall occur upon the 6
withdrawing state reenacting the compact or upon such later date as 7
determined by the Interstate Commission. 8
B. Dissolution of Compact: 9
1. This compact shall dissolve effective upon the date of the withdrawal or 10
default of the member state which reduces the membership in the compact to 11
one (1) member state. 12
2. Upon the dissolution of this compact, the compact becomes null and void and 13
shall be of no further force or effect, and the business and affairs of the 14
Interstate Commission shall be concluded and surplus funds shall be 15
distributed in accordance with the bylaws. 16
ARTICLE XVII 17
Severability and Construction 18
A. The provisions of this compact shall be severable, and if any phrase, clause, 19
sentence, or provision is deemed unenforceable, the remaining provisions of the 20
compact shall be enforceable. 21
B. The provisions of this compact shall be liberally construed to effectuate its 22
purposes. 23
C. Nothing in this compact shall be construed to prohibit the applicability of other 24
interstate compacts to which the states are members. 25
ARTICLE XVIII 26
Binding Effect of Compact and Other Laws 27 UNOFFICIAL COPY 24 RS BR 1226
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A. Other Laws: 1
1. Nothing herein prevents the enforcement of any other law of a member state 2
that is not inconsistent with this compact. 3
2. All member states' laws conflicting with this compact are superseded to the 4
extent of the conflict. 5
B. Binding Effect of the Compact: 6
1. All lawful actions of the Interstate Commission, including all rules and 7
bylaws promulgated by the Interstate Commission, are binding upon the 8
member states. 9
2. All agreements between the Interstate Commission and the member states are 10
binding in accordance with their terms. 11
3. In the event any provision of this compact exceeds the constitutional limits 12
imposed on the legislature of any member state, such provision shall be 13
ineffective to the extent of the conflict with the constitutional provision in 14
question in that member state. 15
Section 4. KRS 156.735 is amended to read as follows: 16
(1) Notwithstanding any other statutes to the contrary, students of civilian military 17
employees and of persons serving in the National Guard and Reserves shall be 18
afforded the same rights as students of military families under KRS 156.730 if the 19
parents are required to move to perform their job responsibilities resulting in the 20
students having to change schools. 21
(2) As used in this section, "student" means the child of a civilian military employee or 22
National Guard or Reserve personnel for whom the local education agency 23
receives public funding and who is formally enrolled in kindergarten through 24
twelfth grade. 25
Section 5. KRS 154.12-203 is amended to read as follows: 26
(1) There is created the Kentucky Commission on Military Affairs. The commission 27 UNOFFICIAL COPY 24 RS BR 1226
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shall be a separate administrative body of state government within the meaning of 1
KRS Chapter 12. 2
(2) It shall be the purpose of the Kentucky Commission on Military Affairs to: 3
(a) Address matters of military significance to Kentucky; 4
(b) Maintain a cooperative and constructive relationship between state agencies 5
and the military entities in Kentucky, as necessary to ensure coordination and 6
implementation of unified, comprehensive, statewide strategies involved with, 7
or affected by, the military; 8
(c) Advise the Governor, the General Assembly, the Kentucky congressional 9
delegation, and other appropriate government officials on all matters in which 10
the military services and the Commonwealth have mutual interests, needs, and 11
concerns; 12
(d) Take action to promote and optimize state and Department of Defense 13
initiatives that will improve the military value of Kentucky's National Guard, 14
active, and reserve military force structure and installations, and improve the 15
quality of life for military personnel residing in the Commonwealth; 16
(e) Coordinate, as necessary, the state's interest in future Department of Defense 17
base closure and restructuring activities; 18
(f) Recommend state, federal, and local economic development projects which 19
would promote, foster, and support economic progress through military 20
presence in the Commonwealth; 21
(g) Promote and assist the private sector in developing spin-off investments, 22
employment, and educational opportunities associated with high-technology 23
programs and activities at Kentucky's military installations; 24
(h) Recommend to the Kentucky Economic Development Partnership the long-25
range options and potential for the defense facilities located in Kentucky; 26
(i) Develop strategies to encourage military personnel to retire and relocate in 27 UNOFFICIAL COPY 24 RS BR 1226
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Kentucky and promote those leaving the military as a viable quality 1
workforce for economic development and industrial recruitment; and 2
(j) Allocate available grant money to qualified applicants to further the purposes 3
of paragraphs (a) to (i) of this subsection. 4
(3) The Kentucky Commission on Military Affairs shall consist of: 5
(a) The Governor or a designated representative; 6
(b) The secretary of the Cabinet for Economic Development or a designated 7
representative; 8
(c) The adjutant general of the Commonwealth or a designated representative; 9
(d) The executive director of the Office of Homeland Security or a designated 10
representative; 11
(e) The secretaries of the following cabinets or their designees: 12
1. Finance and Administration; 13
2. Justice and Public Safety; 14
3. Energy and Environment; 15
4. Transportation; 16
5. Health and Family Services; 17
6. Personnel; 18
7. Education and Labor; 19
8. Public Protection; and 20
9. Tourism, Arts and Heritage; 21
(f) The Attorney General or a designated representative; 22
(g) The commissioner of the Department of Veterans' Affairs or a designated 23
representative; 24
(h) The executive director of the Kentucky Commission on Military Affairs or a 25
designated representative; 26
(i) The chairperson of the Kentucky Committee for Employer Support of the 27 UNOFFICIAL COPY 24 RS BR 1226
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Guard and Reserve; 1
(j) Kentucky's Civilian Aides to the Secretary of the United States Army; 2
(k) The chairperson of the Senate Veterans, Military Affairs, and Public 3
Protection Committee and the chairperson of the House of Representatives 4
Veterans, Military Affairs, and Public Safety Committee; 5
(l) The Chief Justice or a designated representative; 6
(m) The commander or the designee of the commander of each of the following as 7
nonvoting, ex officio members: 8
1. U.S. Army Cadet Command; 9
2. U.S. Army Human Resources Command; 10
3. U.S. Army Recruiting Command; 11
4. 84th Training Command; 12
5. One Hundredth Division (Institutional Training); 13
6. 101st Airborne Division; 14
7. Blue Grass Army Depot; 15
8. Fort Campbell Garrison; 16
9. Fort Knox Garrison; 17
10. U.S. Army Reserve Aviation Command[11th Theatre Aviation 18
Command, U.S. Army Reserve]; 19
11. U.S. Army Corps of Engineers, Louisville District; 20
12. Adjutant General of the U.S. Army; 21
13. U.S. Coast Guard Sector Ohio Valley; 22
14. First Army Division East; 23
15. 1st Theater Sustainment Command; and 24
16. Fifth (V) Corps; and 25
(n) Five (5) at-large members appointed by the Governor, who shall be residents 26
of counties significantly impacted by military installations. 27 UNOFFICIAL COPY 24 RS BR 1226
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(4) The terms of the five (5) at-large members shall be staggered so that two (2) 1
appointments shall expire at two (2) years, one (1) appointment shall expire at three 2
(3) years, and two (2) appointments shall expire at four (4) years, from the dates of 3
initial appointment. 4
(5) (a) The commission shall establish an executive committee consisting of the 5
secretary of the Cabinet for Economic Development, the adjutant general of 6
the Commonwealth, the commissioner of the Department of Veterans' Affairs, 7
the executive director of the Kentucky Commission on Military Affairs, and 8
the five (5) at-large members. The chair and vice chair of the Kentucky 9
Commission on Military Affairs shall be appointed by the Governor from 10
among the members of the executive committee. 11
(b) The chair and vice chair of the commission shall also serve as chair and vice 12
chair of the executive committee. 13
(c) The executive committee shall serve as the search committee for an executive 14
director of the commission and shall have any other authority the commission 15
delegates to it. 16
(6) The commission shall meet one (1) time each year, and may meet at other times on 17
call of the chair, to establish the commission's goals and to review issues identified 18
and recommendations made by the executive committee. A majority of the 19
members shall constitute a quorum for the transaction of the commission's business. 20
Members' designees shall have voting privileges at commission meetings. 21
(7) Members of the commission shall serve without compensation, but shall be 22
reimbursed for their necessary travel expenses actually incurred in the discharge of 23
their duties on the commission, subject to Finance and Administration Cabinet 24
administrative regulations. 25
(8) The commission may establish committees or work groups composed of 26
commission members and citizens as necessary to advise the commission in 27 UNOFFICIAL COPY 24 RS BR 1226
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carrying out its responsibilities, duties, and powers. Citizen members of committees 1
or work groups shall not have a vote. 2
(9) The commission may promulgate necessary administrative regulations as prescribed 3
by KRS Chapter 13A. 4
(10) The commission may adopt bylaws and operating policies necessary for its efficient 5
and effective operation. 6
(11) There shall be an executive director, who shall be the administrative head and chief 7
executive officer of the commission, recommended by the executive committee, 8
approved by the commission, and appointed by the Governor. The executive 9
director shall have authority to hire staff, contract for services, expend funds, and 10
operate the normal business activities of the commission. 11
(12) The Kentucky Commission on Military Affairs and its executive committee shall be 12
an independent agency attached to the Office of the Governor. 13
Section 6. KRS 186.041 is amended to read as follows: 14
(1) Each initial and renewal application by a person who meets the criteria of paragraph 15
(a) of this section and each initial application by a person who meets the criteria of 16
paragraph (b), (c), or (d) of this section for a special military license plate shall be 17
accompanied by proof as set forth in subsection (10) of this section that the person 18
is associated with the United States Army, United States Navy, United States Air 19
Force, United States Marine Corps, United States Space Force, United States Coast 20
Guard, United States Coast Guard Auxiliary, Kentucky National Guard, Merchant 21
Marines with service between December 7, 1941, and August 15, 1945, or Civil Air 22
Patrol in one (1) of the following ways: 23
(a) A member of the Armed Forces of the United States; 24
(b) A retired member; 25
(c) A member of the National Guard or Reserve component who has completed 26
his or her term of service, or has retired with a minimum of twenty (20) years 27 UNOFFICIAL COPY 24 RS BR 1226
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of service; or 1
(d) A veteran who received a discharge under honorable conditions, or the 2
veteran's surviving spouse, and: 3
1. Performed one hundred eighty (180) days of active-duty service; 4
2. Received an early release due to injuries or other medical condition, or 5
at the convenience of the service; 6
3. Received a hardship discharge; 7
4. Was separated or retired due to a disability; or 8
5. Was determined to have a service-connected disability incurred during 9
the enlistment. 10
(2) The member, retired member, veteran, reservist, or his or her spouse who is eligible 11
under subsection (9) of this section may purchase an unlimited number of special 12
military-related license plates described in subsection (1) of this section, annually 13
for vehicles they own or lease. A disabled veterans license plate shall expire on July 14
31. 15
(3) A recipient of the Distinguished Service Cross, Navy Cross, or Air Force Cross 16
shall be eligible for a Service Cross license plate upon submission of an application 17
to the Kentucky Department of Veterans' Affairs. The recipient shall be required to 18
include with the initial application for a Service Cross license plate a copy of the 19
general order that authorized the award and the recipient's Department of Defense 20
form number 214. The Department of Veterans' Affairs shall verify the 21
documentation submitted with the application for a Service Cross license plate, and 22
if the individual applying for the plate is confirmed to be a recipient of the 23
Distinguished Service Cross, Navy Cross, or Air Force Cross, the Department of 24
Veterans' Affairs shall submit the applicant's name to the Transportation Cabinet's 25
Division of Motor Vehicle Licensing not later than September 1 preceding the year 26
that the Service Cross license plate is to be initially issued or renewed. When the 27 UNOFFICIAL COPY 24 RS BR 1226
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Service Cross license plate is ready, the plate shall be sent to the county clerk in the 1
county of the applicant's residence. The Transportation Cabinet's Division of Motor 2
Vehicle Licensing shall inform each applicant in writing that the Service Cross 3
license plate is ready and may be picked up at the county clerk's office. The 4
Transportation Cabinet shall prescribe the type of application form required by this 5
subsection and shall supply the Department of Veterans' Affairs with the 6
application form required by this subsection. 7
(4) A person who is a former prisoner of the enemy during World War I, World War II, 8
the Korean War, or the Vietnam War, or the spouse of a deceased former prisoner 9
of war, shall be eligible for a former prisoner of war license plate by submitting 10
written proof from the United States Department of Veterans Affairs or other 11
appropriate federal agency stating the period of time the person or person's spouse 12
was a prisoner of war. If a former prisoner of war dies with a vehicle licensed as 13
authorized under this section, the person's surviving spouse may retain the license 14
plate for use on the same vehicle or on another vehicle that complies with KRS 15
186.164(7). 16
(5) A person who is certified by the Kentucky chapter of the Pearl Harbor Survivors 17
Association as being a survivor of the attack on Pearl Harbor shall be eligible for a 18
Pearl Harbor license plate and shall be required to attach to the special military-19
related license plate application written evidence from the Kentucky chapter of the 20
Pearl Harbor Survivors Association that the person: 21
(a) Was a member of the United States Armed Forces on December 7, 1941; 22
(b) Was on station on December 7, 1941, during the hours of 7:55 a.m. to 9:45 23
a.m., Hawaii time, at Pearl Harbor, the island of Oahu, or offshore at a 24
distance not to exceed three (3) miles; 25
(c) Was discharged honorably from the United States Armed Forces; and 26
(d) Is certified by the Kentucky chapter of the Pearl Harbor Survivors 27 UNOFFICIAL COPY 24 RS BR 1226
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Association. 1
(6) A person who is eligible to receive a Gold Star Mothers, Gold Star Fathers, or Gold 2
Star Spouses license plate under KRS 186.164(15)(a) may receive up to two (2) 3
Gold Star Mothers, Gold Star Fathers, or Gold Star Spouses license plates free of 4
charge and may purchase additional license plates by paying the same fee as for 5
special military-related plates issued under KRS 186.162(2)(d) annually for 6
vehicles he or she owns or leases. 7
(7) The surviving spouse of a Purple Heart recipient, or a Kentucky National Guard 8
member or a retired member, who possessed a vehicle licensed with the Purple 9
Heart recipient special license plate or the Kentucky National Guard special license 10
plate, may retain the license plate for use on the same vehicle or another vehicle 11
that complies with KRS 186.164(7). The surviving spouse may renew the license 12
plate indefinitely, provided the appropriate registration fee is paid annually. 13
(8) A person who is attending or who is a graduate of the United States Air Force 14
Academy, the United States Military Academy, the United States Naval Academy, 15
the United States Coast Guard Academy, or the United States Merchant Marine 16
Academy shall be eligible for a special military service academy license plate. A 17
special military service academy license plate under this subsection shall use the 18
same plate template as the standard special military license plate under subsection 19
(1) of this section, with stickers to identify the various service academies. The 20
Transportation Cabinet shall promulgate administrative regulations pursuant to 21
KRS Chapter 13A to establish the proof required to demonstrate current attendance 22
at or graduation from a service academy. An eligible applicant may receive up to 23
two (2) special military service academy license plates. 24
(9) (a) The legally married spouse of a member of the Armed Forces of the United 25
States who meets the criteria for a special military license plate under 26
subsection (1) of this section shall be eligible for a special military license 27 UNOFFICIAL COPY 24 RS BR 1226
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plate. A special military license plate under this subsection shall use the same 1
template as the standard special military license plate under subsection (1) of 2
this section, with a sticker identifying the plate as that of a military spouse. 3
(b) An applicant who is eligible for a special military license plate under this 4
subsection shall present as proof of eligibility an original or copy of his or her 5
marriage certificate establishing marriage to the member of the Armed Forces 6
of the United States and an original or copy of one (1) of the following: 7
1. His or her unexpired DD-1173 form; or 8
2. Any identification document outlined in subsection (10) of this section 9
issued to his or her spouse. 10
(10) Prior to receiving a special military-related plate requested under subsection (1) of 11
this section, the applicant shall present as proof of eligibility, an original or copy of 12
his or her: 13
(a) Unexpired Veteran Identification Card or Veteran Health Identification Card 14
issued by the United States Department of Veterans Affairs; 15
(b) DD-2, DD-214, DD-256, DD-257, or NGB-22 form; or 16
(c) Unexpired Geneva Conventions Identification Card issued by the United 17
States Department of Defense. 18
Section 7. KRS 186.162 (Effective January 1, 2024) is amended to read as 19
follows: 20
(1) As used in this section and in KRS 186.043, 186.164, 186.166, 186.1722, and 21
186.174: 22
(a) "Special license plate" means a unique license plate issued under this chapter 23
to a group or organization that readily identifies the operator of the motor 24
vehicle or motorcycle bearing the plate as a member of a group or 25
organization, or a supporter of the work, goals, or mission of a group or 26
organization. The term shall not include regular license plates issued under 27 UNOFFICIAL COPY 24 RS BR 1226
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KRS 186.240; 1
(b) "Street rod" means a modernized private passenger motor vehicle 2
manufactured prior to the year 1949, or designed or manufactured to resemble 3
a vehicle manufactured prior to 1949; 4
(c) "SF" means the portion of an initial or renewal fee to obtain a special license 5
plate that is dedicated for use by the Transportation Cabinet; 6
(d) "CF" means the county clerk's fee for issuing a motor vehicle registration as 7
established under KRS 186.040(1). If a CF amount is charged for a license 8
plate listed in this section, the applicant for that plate shall also pay the fees 9
identified in KRS 186.040(6). If a CF amount is not charged, the applicant 10
shall not be required to pay those fees; and 11
(e) "EF" means the portion of an initial or renewal fee to obtain a special license 12
plate that is mandated by this chapter to be dedicated for use by a particular 13
group or organization. 14
(2) The initial purchase fee and renewal fee for a special license plate created under this 15
chapter shall be as established in this subsection and includes the name of group or 16
organization and the total initial and renewal fee required for the plate. The amount 17
in parentheses indicates how the total fee is required to be divided: 18
(a) Disabled veterans who receive assistance to purchase a vehicle from the 19
United States Department of Veterans' Affairs, veterans declared by the 20
United States Department of Veterans' Affairs to be one hundred percent 21
(100%) service-connected disabled, and recipients of the Congressional 22
Medal of Honor: 23
1. Initial Fee: $0 ($0 SF/$0 CF/$0 EF). 24
2. Renewal Fee: $0 ($0 SF/$0 CF/$0 EF). 25
(b) Former prisoners of war and survivors of Pearl Harbor: 26
1. Initial Fee: $23 ($12 SF/$6 CF/$5 EF to the veterans' 27 UNOFFICIAL COPY 24 RS BR 1226
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program trust fund established under KRS 40.460). 1
2. Renewal Fee: $6 ($0 SF/$6 CF/$0 EF). 2
(c) Members of the Kentucky National Guard and recipients of the Purple Heart: 3
1. Initial Fee: $23 ($12 SF/$6 CF/$5 EF to the veterans' 4
program trust fund established under KRS 40.460). 5
2. Renewal Fee: $11 ($0 SF/$6 CF/$5 EF to the veterans' 6
program trust fund established under KRS 40.460). 7
(d) Members of the Civil Air Patrol; active, retired, veteran, reserve, or auxiliary 8
members of the United States Army, Navy, Air Force, Marine Corps, Space 9
Force, or Coast Guard; Merchant Marines who served between December 7, 10
1941, and August 15, 1945; recipients of the Silver Star Medal, the Legion of 11
Merit Medal, the Distinguished Flying Cross, the Air Medal, the Combat 12
Action Badge, the Combat Infantry Badge, or the Bronze Star Medal; persons 13
who wish to receive Gold Star Mothers, Gold Star Fathers, or Gold Star 14
Spouses license plates beyond the two (2) exempted from fees under KRS 15
186.041(6); individuals eligible for a special military service academy license 16
plate under KRS 186.041(8); individuals eligible for a special military unit 17
license plate under KRS 186.163; and disabled veterans who have been 18
declared to be between fifty percent (50%) and ninety-nine percent (99%) 19
service-connected disabled by the United States Department of Veterans' 20
Affairs: 21
1. Initial Fee: $23 ($12 SF/$6 CF/$5 EF to the veterans' 22
program trust fund established under KRS 40.460). 23
2. Renewal Fee: $23 ($12 SF/$6 CF/$5 EF to the veterans' 24
program trust fund established under KRS 40.460). 25
(e) Recipients of the Distinguished Service Cross, Navy Cross, or Air Force 26
Cross: 27 UNOFFICIAL COPY 24 RS BR 1226
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1. Initial Fee: $6 ($0 SF/$6 CF/$0 EF). 1
2. Renewal Fee: $6 ($0 SF/$6 CF/$0 EF). 2
(f) Disabled license plates: 3
1. Initial Fee: $18 ($12 SF/$6 CF/$0 EF). 4
2. Renewal Fee: $18 ($12 SF/$6 CF/$0 EF). 5
(g) Historic vehicles: 6
1. Initial Fee for two plates: $56 ($50 SF/$6 CF/$0 EF). 7
2. Renewal Fee: Do not renew annually. 8
(h) Members of Congress: 9
1. Initial Fee: $43 ($37 SF/$6 CF/$0 EF). 10
2. Renewal Fee: $23 ($12 SF/$6 CF/$5 EF to the veterans' 11
program trust fund established under KRS 40.460). 12
(i) Firefighters: 13
1. Initial Fee: $28 ($12 SF/$6 CF/$10 EF to the Kentucky 14
Firefighters Association). 15
2. Renewal Fee: $28 ($12 SF/$6 CF/$10 EF to the Kentucky 16
Firefighters Association). 17
(j) Emergency management: 18
1. Initial Fee: $31 ($25 SF/$6 CF/$0 EF). 19
2. Renewal Fee: $18 ($12 SF/$6 CF/$0 EF). 20
(k) Fraternal Order of Police: 21
1. Initial Fee: $41 ($25 SF/$6 CF/$10 EF to the Kentucky 22
FOP Death Benefit Fund). 23
2. Renewal Fee: $28 ($12 SF/$6 CF/$10 EF to the Kentucky 24
FOP Death Benefit Fund). 25
(l) Law Enforcement Memorial: 26
1. Initial Fee: $41 ($25 SF/$6 CF/$10 EF to the Kentucky 27 UNOFFICIAL COPY 24 RS BR 1226
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Law Enforcement Memorial Foundation, Inc.). 1
2. Renewal Fee: $28 ($12 SF/$6 CF/$10 EF to the Kentucky 2
Law Enforcement Memorial Foundation, Inc.). 3
(m) Personalized plates: 4
1. Initial Fee: $43 ($37 SF/$6 CF/$0 EF). 5
2. Renewal Fee: $43 ($37 SF/$6 CF/$0 EF). 6
(n) Street rods: 7
1. Initial Fee: $43 ($37 SF/$6 CF/$0 EF). 8
2. Renewal Fee: $18 ($12 SF/$6 CF/$0 EF). 9
(o) Nature plates: 10
1. Initial Fee: $28 ($12 SF/$6 CF/$10 EF to Kentucky 11
Heritage Land Conservation Fund established under KRS 146.570). 12
2. Renewal Fee: $28 ($12 SF/$6 CF/$10 EF to Kentucky 13
Heritage Land Conservation Fund established under KRS 146.570). 14
(p) Amateur radio: 15
1. Initial Fee: $43 ($37 SF/$6 CF/$0 EF). 16
2. Renewal Fee: $18 ($12 SF/$6 CF/$0 EF). 17
(q) Kentucky General Assembly: 18
1. Initial Fee: $43 ($37 SF/$6 CF/$0 EF). 19
2. Renewal Fee: $23 ($12 SF/$6 CF/$5 EF to the veterans' 20
program trust fund established under KRS 40.460). 21
(r) Kentucky Court of Justice: 22
1. Initial Fee: $43 ($37 SF/$6 CF/$0 EF). 23
2. Renewal Fee: $11 ($0 SF/$6 CF/$5 EF to the veterans' 24
program trust fund established under KRS 40.460). 25
(s) Masons: 26
1. Initial Fee: $41 ($25 SF/$6 CF/$10 EF to the Masonic 27 UNOFFICIAL COPY 24 RS BR 1226
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Homes of Kentucky). 1
2. Renewal Fee: $28 ($12 SF/$6 CF/$10 EF to the Masonic 2
Homes of Kentucky). 3
(t) Collegiate plates: 4
1. Initial Fee: $53 ($37 SF/$6 CF/$10 EF to the general 5
scholarship fund of the university whose name will be borne on the 6
plate). 7
2. Renewal Fee: $28 ($12 SF/$6 CF/$10 EF to the general 8
scholarship fund of the university whose name will be borne on the 9
plate). 10
(u) Independent Colleges: 11
1. Initial Fee: $41 ($25 SF/$6 CF/$10 EF to the Association of 12
Independent Kentucky Colleges and Universities for distribution to the 13
general scholarship funds of the Association's members). 14
2. Renewal Fee: $28 ($12 SF/$6 CF/$10 EF to the Association of 15
Independent Kentucky Colleges and Universities for distribution to the 16
general scholarship funds of the Association's members). 17
(v) Child Victims: 18
1. Initial Fee: $41 ($25 SF/$6 CF/$10 EF to the child victims' 19
trust fund established under KRS 41.400). 20
2. Renewal Fee: $23 ($12 SF/$6 CF/$5 EF to the child victims' 21
trust fund established under KRS 41.400). 22
(w) Kentucky Horse Council: 23
1. Initial Fee: $41 ($25 SF/$6 CF/$10 EF to the Kentucky 24
Horse Council). 25
2. Renewal Fee: $23 ($12 SF/$6 CF/$5 EF to the Kentucky 26
Horse Council). 27 UNOFFICIAL COPY 24 RS BR 1226
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(x) Ducks Unlimited: 1
1. Initial Fee: $41 ($25 SF/$6 CF/$10 EF to Kentucky Ducks 2
Unlimited). 3
2. Renewal Fee: $28 ($12 SF/$6 CF/$10 EF to Kentucky Ducks 4
Unlimited). 5
(y) Spay neuter: 6
1. Initial Fee: $28 ($12 SF/$6 CF/$10 EF to the animal control 7
and care fund established under KRS 258.119). 8
2. Renewal Fee: $23 ($12 SF/$6 CF/$5 EF to the animal control 9
and care fund established under KRS 258.119). 10
(z) Gold Star Mothers, Gold Star Fathers, or Gold Star Spouses: 11
1. Initial Fee: $0 ($0 SF/$0 CF/ $0 EF). 12
2. Renewal Fee: $0 ($0 SF/$0 CF/ $0 EF). 13
3. A person may receive a maximum of two (2) plates under this paragraph 14
free of charge and may purchase additional plates for fees as established 15
in subsection (2)(d) of this section. 16
(aa) I Support Veterans: 17
1. Initial Fee: $28 ($12 SF/$6 CF/$10 EF to the Kentucky 18
Department of Veterans' Affairs). 19
2. Renewal Fee: $23 ($12 SF/$6 CF/$5 EF to the Kentucky 20
Department of Veterans' Affairs). 21
(ab) Gold Star Siblings, Gold Star Sons, or Gold Star Daughters: 22
1. Initial Fee: $28 ($12 SF/$6 CF/$10 EF to the veterans' 23
program trust fund established under KRS 40.460). 24
2. Renewal Fee: $23 ($12 SF/$6 CF/$5 EF to the veterans' 25
program trust fund established under KRS 40.460). 26
(ac) POW/MIA Awareness: 27 UNOFFICIAL COPY 24 RS BR 1226
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1. Initial Fee: $41 ($25 SF/$6 CF/$10 EF to the veterans' 1
program trust fund established under KRS 40.460). 2
2. Renewal Fee: $28 ($12 SF/$6 CF/$10 EF to the veterans' 3
program trust fund established under KRS 40.460). 4
(ad) Special license plates established under KRS 186.164: 5
1. Initial Fee: $41 ($25 SF/$6 CF/$10 EF). 6
2. Renewal Fee: $41 ($25 SF/$6 CF/$10 EF). 7
(3) Any special license plate may be combined with a personalized license plate for a 8
twenty-five dollar ($25) state fee in addition to all other fees for the particular 9
special license plate established in this section and in KRS 186.164(3). The twenty-10
five dollar ($25) fee required under this subsection shall be divided between the 11
cabinet and the county clerk of the county where the applicant is applying for the 12
license plate with the cabinet receiving twenty dollars ($20) and the county clerk 13
receiving five dollars ($5). 14
(4) (a) A sponsoring organization of any special license plate issued under this 15
section or any special license plate established under the provisions of KRS 16
186.164 may petition the cabinet for the production of that special license 17
plate for motorcycles. 18
(b) The cabinet shall make all of the special military license plates in this section 19
available for motorcycles owned or leased by eligible individuals. 20
(c) Owners and lessees of motorcycles registered under KRS 186.050(2) may be 21
eligible to receive special license plates approved by the cabinet under 22
paragraphs (a) and (b) of this subsection. Applicants for a special license plate 23
for a motorcycle shall be required to pay the fee for a special plate as 24
prescribed in this section or in KRS 186.164. The fee paid for the special plate 25
for a motorcycle shall be in lieu of the registration fee required under KRS 26
186.050(2). 27 UNOFFICIAL COPY 24 RS BR 1226
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Section 8. KRS 186.166 is amended to read as follows: 1
(1) The Transportation Cabinet shall, unless directed otherwise by the General 2
Assembly, perpetually produce the following special license plates: military license 3
plates, military unit license plates, U.S. Congressional license plates, firefighter 4
license plates, emergency management license plates, Fraternal Order of Police 5
license plates, Law Enforcement Memorial license plates, street rod license plates, 6
nature license plates, amateur radio license plates, Kentucky General Assembly 7
license plates, Kentucky Court of Justice license plates, Masonic Order license 8
plates, collegiate license plates, independent college and university license plates, 9
child victims' trust fund license plates, Kentucky Horse Council license plates, 10
Ducks Unlimited license plates, Gold Star Mothers, Fathers, and Spouses license 11
plates, Gold Star Siblings, Sons, and Daughters license plates, Silver Star Medal 12
license plates, Legion of Merit Medal license plates, Bronze Star Medal license 13
plates, Air Medal license plates, Distinguished Flying Cross license plates, Combat 14
Action Badge license plates, Combat Infantry Badge license plates, POW/MIA 15
Awareness license plates, spay neuter license plates, service academy license plates, 16
and I Support Veterans license plates. 17
(2) The design of the plates identified for perpetual production under this section may 18
be revised upon request of a group or organization requesting a design revision 19
under the provisions of KRS 186.164(15). 20
(3) (a) The design of a Purple Heart license plate shall not include any representation 21
of the word "Kentucky" that is a registered trademark or slogan which appears 22
on a general issue license plate. 23
(b) The design of a Purple Heart license plate shall include a representation of the 24
Purple Heart medal and the words "Combat Wounded." 25