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AN ACT relating to vital records. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 186.010 is amended to read as follows: 3
As used in this chapter, unless otherwise indicated: 4
(1) "Cabinet," as used in KRS 186.400 to 186.640, means the Transportation Cabinet; 5
except as specifically designated, "cabinet," as used in KRS 186.020 to 186.270, 6
means the Transportation Cabinet only with respect to motor vehicles, other than 7
commercial vehicles; "cabinet," as used in KRS 186.020 to 186.270, means the 8
Department of Vehicle Regulation when used with respect to commercial vehicles; 9
(2) "Highway" means every way or place of whatever nature when any part of it is 10
open to the use of the public, as a matter of right, license, or privilege, for the 11
purpose of vehicular traffic; 12
(3) "Manufacturer" means any person engaged in manufacturing motor vehicles who 13
will, under normal conditions during the year, manufacture or assemble at least ten 14
(10) new motor vehicles; 15
(4) "Motor vehicle" means in KRS 186.020 to 186.260, all vehicles, as defined in 16
paragraph (a) of subsection (8) of this section, which are propelled otherwise than 17
by muscular power. As used in KRS 186.400 to 186.640, it means all vehicles, as 18
defined in paragraph (b) of subsection (8) of this section, which are self-propelled. 19
"Motor vehicle" shall not include a moped as defined in this section, but for 20
registration purposes shall include low-speed vehicles and military surplus vehicles 21
as defined in this section and vehicles operating under KRS 189.283; 22
(5) "Moped" means either a motorized bicycle whose frame design may include one (1) 23
or more horizontal crossbars supporting a fuel tank so long as it also has pedals, or 24
a motorized bicycle with a step-through type frame which may or may not have 25
pedals rated no more than two (2) brake horsepower, a cylinder capacity not 26
exceeding fifty (50) cubic centimeters, an automatic transmission not requiring 27 UNOFFICIAL COPY 24 RS BR 335
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clutching or shifting by the operator after the drive system is engaged, and capable 1
of a maximum speed of not more than thirty (30) miles per hour; 2
(6) "Operator" means any person in actual control of a motor vehicle upon a highway; 3
(7) (a) "Owner" means a person who holds the legal title of a vehicle or a person who 4
pursuant to a bona fide sale has received physical possession of the vehicle 5
subject to any applicable security interest. 6
(b) A vehicle is the subject of an agreement for the conditional sale or lease, with 7
the vendee or lessee entitled to possession of the vehicle, upon performance of 8
the contract terms, for a period of three hundred sixty-five (365) days or more 9
and with the right of purchase upon performance of the conditions stated in 10
the agreement and with an immediate right of possession vested in the 11
conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to 12
possession, the conditional vendee or lessee or mortgagor shall be deemed the 13
owner. 14
(c) A licensed motor vehicle dealer who transfers physical possession of a motor 15
vehicle to a purchaser pursuant to a bona fide sale, and complies with the 16
requirements of KRS 186A.220, shall not be deemed the owner of that motor 17
vehicle solely due to an assignment to his or her dealership or a certificate of 18
title in the dealership's name. Rather, under these circumstances, ownership 19
shall transfer upon delivery of the vehicle to the purchaser, subject to any 20
applicable security interest; 21
(8) (a) "Vehicle," as used in KRS 186.020 to 186.260, includes all agencies for the 22
transportation of persons or property over or upon the public highways of this 23
Commonwealth and all vehicles passing over or upon said highways, except 24
electric low-speed scooters, road rollers, road graders, farm tractors, vehicles 25
on which power shovels are mounted, such other construction equipment 26
customarily used only on the site of construction and which is not practical for 27 UNOFFICIAL COPY 24 RS BR 335
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the transportation of persons or property upon the highways, such vehicles as 1
travel exclusively upon rails, and such vehicles as are propelled by electric 2
power obtained from overhead wires while being operated within any 3
municipality or where said vehicles do not travel more than five (5) miles 4
beyond the city limit of any municipality. 5
(b) As used in KRS 186.400 to 186.640, "vehicle" means every device in, upon, 6
or by which any person or property is or may be transported or drawn upon a 7
public highway, except electric low-speed scooters, devices moved by human 8
and animal power or used exclusively upon stationary rails or tracks, or which 9
derives its power from overhead wires; 10
(9) KRS 186.020 to 186.270 apply to motor vehicle licenses. KRS 186.400 to 186.640 11
apply to operator's licenses; 12
(10) "Dealer" means any person engaging in the business of buying or selling motor 13
vehicles; 14
(11) "Commercial vehicles" means all motor vehicles that are required to be registered 15
under the terms of KRS 186.050, but not including vehicles primarily designed for 16
carrying passengers and having provisions for not more than nine (9) passengers 17
(including driver), motorcycles, sidecar attachments, pickup trucks and passenger 18
vans which are not being used for commercial or business purposes, and motor 19
vehicles registered under KRS 186.060; 20
(12) "Resident" means any person who has established Kentucky as his or her state of 21
domicile. Proof of residency shall include but not be limited to a deed or property 22
tax bill, utility agreement or utility bill, or rental housing agreement. The possession 23
by an operator of a vehicle of a valid Kentucky operator's license shall be prima-24
facie evidence that the operator is a resident of Kentucky; 25
(13) "Special status individual" means: 26
(a) "Asylee" means any person lawfully present in the United States who 27 UNOFFICIAL COPY 24 RS BR 335
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possesses an I-94 card issued by the United States Department of Justice, 1
Immigration and Naturalization Service, on which it states "asylum status 2
granted indefinitely pursuant to Section 208 of the Immigration & Nationality 3
Act"; 4
(b) "K-1 status" means the status of any person lawfully present in the United 5
States who has been granted permission by the United States Department of 6
Justice, Immigration and Naturalization Service to enter the United States for 7
the purpose of marrying a United States citizen within ninety (90) days from 8
the date of that entry; 9
(c) "Refugee" means any person lawfully present in the United States who 10
possesses an I-94 card issued by the United States Department of Justice, 11
Immigration and Naturalization Service, on which it states "admitted as a 12
refugee pursuant to Section 207 of the Immigration & Nationality Act"; and 13
(d) "Paroled in the Public Interest" means any person lawfully present in the 14
United States who possesses an I-94 card issued by the United States 15
Department of Justice, Immigration and Naturalization Service, on which it 16
states "paroled pursuant to Section 212 of the Immigration & Nationality Act 17
for an indefinite period of time"; 18
(14) "Instruction permit" includes both motor vehicle instruction permits and motorcycle 19
instruction permits; 20
(15) "Motorcycle" means any motor driven vehicle that has a maximum speed that 21
exceeds fifty (50) miles per hour, has a seat or saddle for the use of the operator, 22
and is designed to travel on not more than three (3) wheels in contact with the 23
ground, including vehicles on which the operator and passengers ride in an enclosed 24
cab. Only for purposes of registration, "motorcycle" shall include a motor scooter, 25
an alternative-speed motorcycle, and an autocycle as defined in this section, but 26
shall not include a tractor or a moped as defined in this section; 27 UNOFFICIAL COPY 24 RS BR 335
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(16) "Low-speed vehicle" means a motor vehicle that: 1
(a) Is self-propelled using an electric motor, combustion-driven motor, or a 2
combination thereof; 3
(b) Is four (4) wheeled; and 4
(c) Is designed to operate at a speed not to exceed twenty-five (25) miles per hour 5
as certified by the manufacturer; 6
(17) "Alternative-speed motorcycle" means a motorcycle that: 7
(a) Is self-propelled using an electric motor; 8
(b) Is three (3) wheeled; 9
(c) Has a fully enclosed cab and includes at least one (1) door for entry; 10
(d) Is designed to operate at a speed not to exceed forty (40) miles per hour as 11
certified by the manufacturer; and 12
(e) Is not an autocycle as defined in this section; 13
(18) "Multiple-vehicle driving range" means an enclosed area that is not part of a 14
highway or otherwise open to the public on which a number of motor vehicles may 15
be used simultaneously to provide driver training under the supervision of one (1) 16
or more driver training instructors; 17
(19) "Autocycle" means any motor vehicle that: 18
(a) Is equipped with a seat that does not require the operator to straddle or sit 19
astride it; 20
(b) Is designed to travel on three (3) wheels in contact with the ground; 21
(c) Is designed to operate at a speed that exceeds forty (40) miles per hour as 22
certified by the manufacturer; 23
(d) Allows the operator and passenger to ride either side-by-side or in tandem in a 24
seating area that may be enclosed with a removable or fixed top; 25
(e) Is equipped with a three (3) point safety belt system; 26
(f) May be equipped with a manufacturer-installed air bags or a roll cage; 27 UNOFFICIAL COPY 24 RS BR 335
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(g) Is designed to be controlled with a steering wheel and pedals; and 1
(h) Is not an alternative-speed motorcycle as defined in this section; 2
(20) "Military surplus vehicle" means a multipurpose wheeled surplus military vehicle 3
that: 4
(a) Is not operated using continuous tracks; 5
(b) Was originally manufactured for and sold directly to the Armed Forces of the 6
United States; and 7
(c) Was originally manufactured under the federally mandated requirements set 8
forth in 49 C.F.R. sec. 571.7; 9
(21) "Livestock" means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, 10
and any other animals of the bovine, ovine, porcine, caprine, equine, or camelid 11
species; 12
(22) "Identity document" means an instruction permit, operator's license, or personal 13
identification card issued under KRS 186.4102, 186.412, 186.4121, 186.4122, and 14
186.4123 or a commercial driver's license issued under KRS Chapter 281A; 15
(23) "Travel ID," as it refers to an identity document, means a document that complies 16
with Pub. L. No. 109-13, Title II; 17
(24) "Motor scooter" means a low-speed motorcycle that is: 18
(a) Equipped with wheels greater than sixteen (16) inches in diameter; 19
(b) Equipped with an engine greater than fifty (50) cubic centimeters; 20
(c) Designed to operate at a speed not to exceed fifty (50) miles per hour; 21
(d) Equipped with brake horsepower of two (2) or greater; and 22
(e) Equipped with a step-through frame or a platform for the operator's feet; 23
(25) "Alternative technology," as used in KRS 186.400 to 186.640, means methods used 24
by the cabinet to facilitate the issuance of operator's licenses and personal 25
identification cards outside of the normal in-person application at a cabinet office, 26
including but not limited to a cabinet mobile unit or online services; 27 UNOFFICIAL COPY 24 RS BR 335
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(26) "Electric motorcycle" means the same as "motorcycle" or "motor scooter" as 1
defined in this section, that is powered by a: 2
(a) Battery or equivalent energy storage device that can be charged with an 3
electric plug using an external electricity source; or 4
(b) Combination of an internal combustion engine and electric motor; 5
(27) "Electric vehicle" means any vehicle that has plug-in charging capability, regardless 6
of whether the vehicle is powered by: 7
(a) An electric motor only; or 8
(b) A combination of an internal combustion engine and electric power;[ and] 9
(28) "Hybrid vehicle" means any vehicle that does not have plug-in charging capability 10
and is powered by a combination of an internal combustion engine and an electric 11
motor; and 12
(29) "Electronic Verification of Vital Events system" or "EVVE system" means the 13
system maintained by the National Association for Public Health Statistics and 14
Information Systems that allows users to query participating states' vital records 15
systems to corroborate data from birth records submitted by an applicant. 16
Section 2. KRS 186.412 (Effective until July 1, 2025) is amended to read as 17
follows: 18
(1) As used in this section, "applicant" means a person who is a citizen or permanent 19
resident of the United States. 20
(2) An applicant shall apply for an instruction permit or operator's license with the 21
Transportation Cabinet, or through alternative technology. Except as provided in 22
KRS 186.417, the application form shall require the applicant's: 23
(a) Full legal name and signature; 24
(b) Date of birth; 25
(c) Social Security number or a letter from the Social Security Administration 26
declining to issue a Social Security number; 27 UNOFFICIAL COPY 24 RS BR 335
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(d) Sex; 1
(e) Present Kentucky resident address, exclusive of a post office box address 2
alone; 3
(f) Other information necessary to permit the application of United States citizens 4
to also serve as an application for voter registration; 5
(g) A brief physical description of the applicant; 6
(h) Proof of the applicant's Kentucky residency, including but not limited to a 7
deed or property tax bill, utility agreement or utility bill, or rental housing 8
agreement; and 9
(i) Other information the cabinet may require by administrative regulation 10
promulgated under KRS Chapter 13A. 11
(3) In addition to the information identified in subsection (2) of this section, a 12
permanent resident shall present one (1) of the following documents issued by the 13
United States Department of Homeland Security, United States Bureau of 14
Citizenship and Immigration Services: 15
(a) An I-551 card with a photograph of the applicant; or 16
(b) A form with the photograph of the applicant or a passport with a photograph 17
of the applicant on which the United States Department of Homeland 18
Security, United States Bureau of Citizenship and Immigration Services, has 19
stamped the following: "Processed for I-551. Temporary evidence of lawful 20
admission for permanent residence. Valid until .... (Expiration Date). 21
Employment authorized." 22
(4) Upon application for an operator's license under this section, the cabinet shall 23
capture a photograph of the applicant in accordance with the requirements of KRS 24
186.4102(1). 25
(5) (a) If an applicant submits a birth certificate as part of his or her application 26
for an operator's license under this chapter, the cabinet shall submit a 27 UNOFFICIAL COPY 24 RS BR 335
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query to the Electronic Verification of Vital Events system to validate the 1
birth certificate information with participating states' vital records. 2
(b) The cabinet shall promulgate administrative regulations, in accordance 3
with KRS Chapter 13A, to assist the applicant with follow-up questions or 4
actions, as needed, to validate the applicant's birth certificate through the 5
EVVE system. 6
(c) The cabinet shall not issue an operator's license to an applicant until the 7
cabinet validates the applicant's submitted birth certificate through the 8
EVVE system with participating states. 9
(6)[(5)] (a) Except as provided in paragraph (b) of this subsection, the cabinet shall 10
electronically scan the documents required for application under this section 11
and shall electronically retain the application, supporting documents, and the 12
photograph of the applicant. Upon completion of any required examinations 13
under KRS 186.480, the cabinet shall present the applicant with a temporary 14
operator's license or instruction permit, which shall be valid for thirty (30) 15
days until a permanent operator's license or instruction permit is mailed to the 16
applicant by the Transportation Cabinet. 17
(b) The cabinet shall only electronically scan the birth certificate of an individual 18
applying for a voluntary travel ID instruction permit or operator's license. If 19
the applicant is not seeking such a permit or license, the cabinet shall not 20
electronically scan the applicant's birth certificate. 21
(c) An applicant for an operator's license or instruction permit shall not be 22
required to surrender the applicant's birth certificate for image capture, image 23
storage, or image transmission to any entity, including the federal 24
government, unless express consent is given by the applicant during the 25
course of obtaining a voluntary travel ID license or permit. 26
(7)[(6)] An applicant shall swear an oath to the cabinet as to the truthfulness of the 27 UNOFFICIAL COPY 24 RS BR 335
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statements contained in the form. 1
Section 3. KRS 186.412 (Effective July 1, 2025) is amended to read as follows: 2
(1) As used in this section, "applicant" means a person who is a citizen or permanent 3
resident of the United States. 4
(2) An applicant shall apply for an instruction permit or operator's license with the 5
Transportation Cabinet, or through alternative technology. Except as provided in 6
KRS 186.417, the application form shall require the applicant's: 7
(a) Full legal name and signature; 8
(b) Date of birth; 9
(c) Social Security number or a letter from the Social Security Administration 10
declining to issue a Social Security number; 11
(d) Sex; 12
(e) Present Kentucky resident address, exclusive of a post office box address 13
alone; 14
(f) Other information necessary to permit the application of United States citizens 15
to also serve as an application for voter registration; 16
(g) A brief physical description of the applicant; 17
(h) Proof of the applicant's Kentucky residency, including but not limited to a 18
deed or property tax bill, utility agreement or utility bill, or rental housing 19
agreement; and 20
(i) Other information the cabinet may require by administrative regulation 21
promulgated under KRS Chapter 13A. 22
(3) (a) To satisfy the requirements of subsection (2)(e) and (h) of this section, an 23
applicant seeking to obtain a renewal or duplicate operator's license may use a 24
completed form attesting to the lack of an established and fixed nighttime 25
residence of regular return as established in accordance with paragraph (b) of 26
this subsection. The form developed under paragraph (b) of this subsection 27 UNOFFICIAL COPY 24 RS BR 335
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shall not be used by an applicant for an initial operator's license or instruction 1
permit. 2
(b) The cabinet shall promulgate administrative regulations in accordance with 3
KRS Chapter 13A to develop forms and procedures whereby an applicant for 4
a renewal or duplicate operator's license under this section or KRS 186.4121, 5
or an applicant for an initial, renewal, or duplicate personal identification card 6
under KRS 186.4122 or 186.4123, who does not have an established and fixed 7
nighttime residence of regular return may use as proof of residency, a form, 8
attested to by a homeless shelter, health care facility, or social service agency 9
currently providing the applicant treatment or services, that the applicant is a 10
resident of Kentucky. An applicant who does not have an established and 11
fixed nighttime residence of regular return shall not be issued a voluntary 12
travel ID operator's license under this section or KRS 186.4121. 13
(4) In addition to the information identified in subsection (2) of this section, a 14
permanent resident shall present one (1) of the following documents issued by the 15
United States Department of Homeland Security, United States Bureau of 16
Citizenship and Immigration Services: 17
(a) An I-551 card with a photograph of the applicant; or 18
(b) A form with the photograph of the applicant or a passport with a photograph 19
of the applicant on which the United States Department of Homeland 20
Security, United States Bureau of Citizenship and Immigration Services, has 21
stamped the following: "Processed for I-551. Temporary evidence of lawful 22
admission for permanent residence. Valid until .... (Expiration Date). 23
Employment authorized." 24
(5) Upon application for an operator's license under this section, the cabinet shall 25
capture a photograph of the applicant in accordance with the requirements of KRS 26
186.4102(1). 27 UNOFFICIAL COPY 24 RS BR 335
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(6) (a) If an applicant submits a birth certificate as part of his or her application 1
for an operator's license under this chapter, the cabinet shall submit a 2
query to the Electronic Verification of Vital Events system to validate the 3
birth certificate information with participating states' vital records. 4
(b) The cabinet shall promulgate administrative regulations, in accordance 5
with KRS Chapter 13A, to assist the applicant with follow-up questions or 6
actions, as needed, to validate the applicant's birth certificate through the 7
EVVE system. 8
(c) The cabinet shall not issue an operator's license to an applicant until the 9
cabinet validates the applicant's submitted birth certificate through the 10
EVVE system with participating states. 11
(7)[(6)] (a) Except as provided in paragraph (b) of this subsection, the cabinet shall 12
electronically scan the documents required for application under this section 13
and shall electronically retain the application, supporting documents, and the 14
photograph of the applicant. Upon completion of any required examinations 15
under KRS 186.480, the cabinet shall present the applicant with a temporary 16
operator's license or instruction permit, which shall be valid for thirty (30) 17
days until a permanent operator's license or instruction permit is mailed to the 18
applicant by the Transportation Cabinet. 19
(b) The cabinet shall only electronically scan the birth certificate of an individual 20
applying for a voluntary travel ID instruction permit or operator's license. If 21
the applicant is not seeking such a permit or license, the cabinet shall not 22
electronically scan the applicant's birth certificate. 23
(c) An applicant for an operator's license or instruction permit shall not be 24
required to surrender the applicant's birth certificate for image capture, image 25
storage, or image transmission to any entity, including the federal 26
government, unless express consent is given by the applicant during the 27 UNOFFICIAL COPY 24 RS BR 335
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course of obtaining a voluntary travel ID license or permit. 1
(8)[(7)] An applicant shall swear an oath to the cabinet as to the truthfulness of the 2
statements contained in the form. 3
SECTION 4. A NEW SECTION OF KRS CHAPTER 213 IS CREATED TO 4
READ AS FOLLOWS: 5
On or before January 1, 2025, the cabinet shall create and subsequently maintain a 6
central digital archive of all certificates dated January 1, 1947, or later, that are in the 7
possession of the state registrar. 8