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AN ACT relating to motor vehicles and making an appropriation. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 281A.010 is amended to read as follows: 3
As used in this chapter: 4
(1) "Alcohol" means: 5
(a) Beer, ale, port, or stout and other similar fermented beverages, including sake 6
or similar products, of any name or description containing one-half of one 7
percent[percentum] (0.5%) or more of alcohol by volume, brewed or 8
produced from malt, wholly or in part, or from any substitute therefor; 9
(b) Wine of not less than one-half of one percent[percentum] (0.5%) of alcohol 10
by volume; 11
(c) Distilled spirits, which means that substance known as ethyl alcohol, ethanol, 12
or spirits of wine in any form, including all dilutions and mixtures thereof 13
from whatever source or by whatever process produced; or 14
(d) Any substance containing ethyl alcohol, hydrated oxide of ethyl, spirit of 15
wine, or any distilled spirits including but not limited to ethanol, methanol, 16
propanol, and isopropanol;[.] 17
(2) "Alcohol concentration" means: 18
(a) The number of grams of alcohol per one hundred (100) milliliters of blood; 19
(b) The number of grams of alcohol per two hundred ten (210) liters of breath; or 20
(c) The number of grams of alcohol per sixty-seven (67) milliliters of urine;[.] 21
(3) "Cabinet" means the Transportation Cabinet;[ of the Commonwealth of Kentucky.] 22
(4) "Commerce" means: 23
(a) Any trade, traffic, or transportation within the jurisdiction of the United States 24
between a place in a state and a place outside of the state, including a place 25
outside of the United States; and 26
(b) Trade, traffic, and transportation in the United States that affects any trade, 27 UNOFFICIAL COPY 24 RS BR 1664
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traffic, and transportation described in paragraph (a) of this subsection;[.] 1
(5) "Commercial driver's license[,]" or "CDL[,]" means a license issued to an 2
individual in accordance with the requirements of this chapter or, if the license is 3
issued by another state in accordance with the Federal Commercial Motor Vehicle 4
Safety Act, to an individual that authorizes the individual to drive any class of 5
commercial motor vehicle;[.] 6
(6) "Commercial driver's license information system" or "CDLIS" means the national 7
information system established to serve as a clearinghouse for locating information 8
related to the licensing and identification of commercial motor vehicle drivers;[.] 9
(7) "Commercial learner's[driver's instruction] permit" or "CLP" means a permit 10
issued pursuant to KRS 281A.120;[.] 11
(8) "Commercial motor vehicle[,]" or "CMV[,]" means a motor vehicle or combination 12
motor vehicle used in commerce that is: 13
(a) Designed to carry property and has a gross vehicle weight rating as 14
determined by federal regulation which has been adopted into cabinet 15
administrative regulations pursuant to KRS Chapter 13A; 16
(b) Designed to transport sixteen (16) or more passengers, including the driver; 17
(c) Transporting hazardous materials and is required to be placarded in 18
accordance with[ Title] 49 C.F.R. pt.[, Code of Federal Regulations, Part] 19
172; or 20
(d) Any other vehicle that is required by cabinet administrative regulation, 21
pursuant to KRS Chapter 13A, to be operated by a licensed commercial 22
driver;[.] 23
(9) "Controlled substance" means any substance so classified under[ Section 102(6) of 24
the Controlled Substances Act,] 21 U.S.C. sec. 802(6), and includes all substances 25
listed on Schedules I through V[,] of[ Title] 21 C.F.R. pt.,[ Code of Federal 26
Regulations, Part] 1308, as adopted by the Transportation Cabinet by administrative 27 UNOFFICIAL COPY 24 RS BR 1664
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regulation pursuant to KRS Chapter 13A. It shall also include those substances 1
defined or listed in KRS Chapter 218A;[.] 2
(10) "Conviction" means an unvacated adjudication of guilt, or a determination that a 3
person has violated or failed to comply with the law in a court of original 4
jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail 5
or collateral deposited to secure the person's appearance in court, a plea of guilty, a 6
plea of nolo contendere, or Alford plea entered and accepted by the court, the 7
payment of a fine or court cost, or violation of a condition of release without bail, 8
regardless of whether or not the penalty is rebated, suspended, or probated;[.] 9
(11) "Disqualification" means any of the following actions: 10
(a) The suspension, revocation, or cancellation of a CDL by the Commonwealth 11
or the jurisdiction of issuance; 12
(b) Any withdrawal of a person's privilege to drive a commercial motor vehicle 13
by the Commonwealth or another jurisdiction as a result of a violation of state 14
or local law relating to motor vehicle traffic control, other than parking, 15
vehicle weight, or vehicle defect violations; or 16
(c) A determination by the Federal Motor Carrier Safety Administration that a 17
person is not qualified to operate a commercial motor vehicle under 49 C.F.R. 18
pt. 391;[.] 19
(12) "Drive" means to drive, operate, or be in physical control of a motor vehicle;[.] 20
(13) "Driver" means any person who drives, operates, or is in physical control of a 21
commercial motor vehicle, or who is required to hold a commercial driver's 22
license;[.] 23
(14) "Driver's license" and "operator's license" mean[means] a license issued by a state 24
to an individual that authorizes the individual to drive a motor vehicle;[.] 25
(15) "Employee" means any operator of a commercial motor vehicle, including full-26
time, regularly employed drivers; casual, intermittent, or occasional drivers; leased 27 UNOFFICIAL COPY 24 RS BR 1664
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drivers and independent, owner-operator contractors while in the course of 1
operating a commercial motor vehicle who are either directly employed by, under 2
lease to, or operating in a manner indicating employment to an employer;[.] 3
(16) "Employer" means any person, including the United States, a state, or a political 4
subdivision of a state, who owns or leases a commercial motor vehicle, or assigns a 5
person to drive a commercial motor vehicle;[.] 6
(17) "Felony" means any offense under state or federal law that is punishable by death or 7
imprisonment for a term exceeding one (1) year;[.] 8
(18) "Gross combination weight rating[,]" or "GCWR[,]" is the gross vehicle weight 9
rating of power unit plus the gross vehicle weight rating of any towed unit. In the 10
absence of a value specified by the manufacturer, GCWR shall be determined by 11
adding the gross vehicle weight rating of the power unit,[ and] the total weight of 12
the towed unit, and the weight of the load being carried[therein];[.] 13
(19) "Gross vehicle weight rating[,]" or "GVWR[," means the value specified by the 14
manufacturer as the maximum loaded weight of a single, a combination or an 15
articulated vehicle;[.] 16
(20) "Hazardous materials" has the same meaning as in 49 C.F.R. sec. 383.5;[.] 17
(21) "Highway" shall include any way or place of any nature when any part of it is open 18
to the use of the public as a matter of right, license, or privilege for the use of 19
vehicular traffic;[.] 20
(22) "Imminent hazard" means a condition that presents a substantial likelihood that 21
death, serious illness, severe personal injury, or a danger to health, property, or the 22
environment exists;[.] 23
(23) "Moped" shall have the same meaning as in KRS 186.010(5);[.] 24
(24) "Motor vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled 25
or drawn by mechanical power used on highways, or any other vehicle required to 26
be registered under the laws of this state, but shall not include any vehicle, machine, 27 UNOFFICIAL COPY 24 RS BR 1664
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tractor, trailer, or semitrailers operated exclusively on a rail;[.] 1
(25) "NDR" means the national driver register;[.] 2
(26) "Out-of-service order" means a declaration by an authorized enforcement officer of 3
a federal, state, Canadian, Mexican, or local jurisdiction that a driver, commercial 4
motor vehicle, or a motor carrier operation is out of service pursuant to 49 C.F.R. 5
secs.[sec.] 386.72, 392.5, 395.13, or 396.9; comparable laws or regulations; or the 6
North American Uniform Out-of-Service Criteria;[.] 7
(27) "Resident" means a person who has established Kentucky as his or her state of 8
domicile. Proof of residency shall include but not be limited to a deed or property 9
tax bill, utility agreement or utility bill, or rental housing agreement;[.] 10
(28) "School bus" means a vehicle that meets the specification of KRS 156.153 used to 11
transport preprimary, primary, or secondary school students between school and 12
home, or to and from school-sponsored events. A school bus shall not include a bus 13
used as a common carrier;[.] 14
(29) "Serious traffic violation" means a conviction when operating a commercial motor 15
vehicle of: 16
(a) Excessive speeding, involving a single charge of any speed fifteen (15) miles 17
per hour or more, above the specified speed limit; 18
(b) Reckless driving, as defined under state or local law, including conviction of 19
driving a commercial motor vehicle in willful or wanton disregard for the 20
safety of persons or property; 21
(c) Improper or erratic traffic lane changes; 22
(d) Following the vehicle ahead too closely; 23
(e) A violation of any state or local law related to motor vehicle traffic control, 24
other than a parking violation, arising in connection with a fatal accident; 25
(f) Driving a commercial motor vehicle without a CDL; 26
(g) Driving a commercial motor vehicle without a CDL in one's possession or 27 UNOFFICIAL COPY 24 RS BR 1664
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refusing to display a CDL upon request; 1
(h) Driving a commercial motor vehicle without the proper class of CDL or 2
endorsements, or both, for the specific vehicle type or types being operated or 3
for the passengers or type or types of cargo being transported; or 4
(i) Any conviction of an offense that requires mandatory suspension under KRS 5
186.560 or a serious violation as defined by[ Title] 49 C.F.R. pt.[of the Code 6
of Federal Regulations Part] 383[ or as amended by the Federal Highway 7
Administration];[.] 8
(30) "Severe forms of trafficking in persons" has the same meaning as in 22 U.S.C. 9
sec. 7102"; 10
(31) "State" means a state of the United States and the District of Columbia;[.] 11
(32)[(31)] "State police" means the Department of Kentucky State Police; and[.] 12
(33)[(32)] "Vehicle" means every device in, upon, or by which any person or property is 13
or may be transported or drawn along a public highway, except devices moved by 14
human or animal power, used exclusively upon stationary rails or tracks, or which 15
derives its power from overhead wires. 16
Section 2. KRS 281A.120 is amended to read as follows: 17
(1) A commercial learner's[driver's instruction] permit may be issued to an individual 18
twenty-one (21) years and older who: 19
(a) Has complied with the criminal history background check required by KRS 20
281A.300; 21
(b) Holds a valid Kentucky Class D operator's license; 22
(c) Is a citizen or permanent resident of the United States, or can provide to the 23
cabinet documentation issued by the United States Citizenship and 24
Immigration Services in the United States Department of Homeland Security, 25
authorizing the person to be in the United States and to be employed while in 26
the United States; and 27 UNOFFICIAL COPY 24 RS BR 1664
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(d) Has passed the vision and knowledge tests required for a commercial driver's 1
license of the class vehicle to be driven. Commercial learner's[Instruction] 2
permits shall be class specific. 3
(2) A commercial learner's[driver's instruction] permit may be issued to a resident 4
eighteen (18) years of age who: 5
(a) Has complied with the criminal history background check required by KRS 6
281A.300; 7
(b) Holds a valid Kentucky Class D operator's license; 8
(c) Is a citizen or permanent resident of the United States, or can provide to the 9
cabinet documentation issued by the United States Citizenship and 10
Immigration Services in the United States Department of Homeland Security, 11
authorizing the person to be in the United States and to be employed while in 12
the United States; and 13
(d) Has passed the vision and knowledge tests required for a commercial driver's 14
license of the class vehicle to be driven. 15
A commercial learner's[driver's license instruction] permit issued under this 16
subsection shall be valid only for the operation of a commercial motor vehicle in 17
intrastate commerce that is not a school bus or a vehicle hauling hazardous material. 18
The CLP[instruction permit] shall be class specific and shall contain[ an] a"K"["I"] 19
restriction noting that the commercial driver is limited to Kentucky intrastate 20
commerce. 21
(3) A commercial learner's[driver's instruction] permit shall not be issued to a resident 22
for a period to exceed one hundred eighty (180) days. Only one (1) renewal or 23
reissuance may be granted within a two (2) year period for the same class of 24
vehicle. The holder of a commercial learner's[driver's instruction] permit may, 25
unless otherwise disqualified, drive a commercial motor vehicle on the highways of 26
Kentucky only when accompanied by the holder of a commercial driver's license 27 UNOFFICIAL COPY 24 RS BR 1664
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valid for the type of vehicle driven and who occupies a seat beside the permit 1
holder for the purpose of giving instruction in driving the commercial motor 2
vehicle. 3
(4) [A person who is not a resident who is enrolled in a program offering commercial 4
truck driving under the Kentucky Community and Technical College System or a 5
proprietary school licensed under KRS Chapter 165A may be issued a provisional 6
Class D license that allows an applicant to include a commercial driver's instruction 7
permit into a single license that shall be valid for ninety (90) days. The fee for a 8
provisional Class D license shall be the same as for a regular Class D license. A 9
provisional Class D license may be renewed for one (1) ninety (90) day period. A 10
person issued a provisional Class D license under this subsection shall be required 11
to convert the license to a regular Kentucky CDL or return to the person's state of 12
domicile and transfer the Kentucky provisional Class D license to his or her state of 13
domicile. A provisional Class D license issued under this subsection shall not be 14
converted to a regular Class D license unless the applicant satisfies all Kentucky 15
residency requirements. ]A commercial learner's[driver's instruction] permit shall 16
contain the same elements and meet the same[, in addition to other information 17
required by the cabinet, those] requirements as those for commercial driver's 18
licenses set forth in KRS 281A.170[. The commercial driver's instruction permit 19
shall not contain the permit holder's Social Security number but shall include a 20
color photo of the permit holder]. 21
Section 3. KRS 281A.140 is amended to read as follows: 22
(1) The application for a commercial driver's license or commercial learner's[driver's 23
instruction] permit shall include the following information: 24
(a) The applicant's full legal name, any[including] nicknames or other names by 25
which he or she is known, and present Kentucky resident address[ of the 26
applicant]. If the applicant's mailing address is different from the resident 27 UNOFFICIAL COPY 24 RS BR 1664
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address, the mailing address shall also be included[. If the applicant is not a 1
resident, the application shall include the person's resident address in the 2
person's state of domicile and the address of the Kentucky driver training 3
school where the applicant is currently enrolled]; 4
(b) A physical description of the applicant including sex, height, weight, eye 5
color, and race; 6
(c) The applicant's date of birth; 7
(d) The applicant's Social Security number; 8
(e) The applicant's signature; 9
(f) Certifications including those required by[ Title] 49 C.F.R.[, Code of Federal 10
Regulations,] secs. 383.71, 383.73, and 384.206, as adopted by the cabinet; 11
(g) A consent to release driving record information; 12
(h) A valid Class D operator's license issued pursuant to KRS 186.4102 and 13
186.412; 14
(i) A birth certificate if the applicant does not hold a valid operator's license at 15
the time of application; 16
(j) The name of every jurisdiction in which the applicant has previously been 17
licensed to drive any type of motor vehicle during the ten (10) year period 18
immediately preceding the date of the application; and 19
(k) Any other information required by the cabinet. 20
(2) The cabinet or state police may require any other information needed in order to 21
process the application. 22
(3) When the holder of a commercial driver's license changes his or her name or 23
residence, the information shall be reported to the cabinet within ten (10) days. The 24
holder of a Class A, B, or C license shall make an application for a duplicate license 25
within thirty (30) days of changing his or her name or address. 26
(4) Any person whose commercial driver's license has been legitimately lost or 27 UNOFFICIAL COPY 24 RS BR 1664
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destroyed shall make an application for a duplicate. [: 1
(a) ]A person applying for a[the first] duplicate within the time period for which 2
the original license was issued[,] shall apply to the Transportation Cabinet. 3
The person shall provide the cabinet with proof of the person's identity and a 4
notarized affidavit with a raised seal explaining in detail the loss or 5
destruction of the original license. 6
[(b) A person applying for a second or subsequent duplicate within the time period 7
for which the original license was issued, shall apply to the Transportation 8
Cabinet in Frankfort or a Transportation Cabinet field office. The person shall 9
provide the cabinet with proof of the person's identity and a notarized 10
affidavit explaining in detail the loss or destruction of the previous duplicate 11
issued. The Transportation Cabinet shall, within thirty (30) days of receipt of 12
the application, review the person's proof of identity and affidavit and 13
determine if the person will be issued a duplicate.] 14
(5) A person who is a resident of this state shall not drive a commercial motor vehicle 15
under the authority of a commercial driver's license issued by another jurisdiction. 16
(6) Any person who knowingly falsifies information or certifications required to obtain 17
a commercial driver's license, a commercial driver's license permit, or a duplicate 18
commercial driver's license subsequent to an administrative hearing conducted in 19
accordance with KRS 186.570, shall be subject to suspension, revocation, or 20
cancellation of his or her commercial driver's license for a period of at least sixty 21
(60) consecutive days. 22
Section 4. KRS 281A.160 is amended to read as follows: 23
(1) (a) Except as provided in subsection (4) of this section, the State Police shall be 24
responsible for administering both the knowledge and skills test required by 25
KRS 281A.130. 26
(b) Prior to taking the knowledge test, a first-time applicant for a hazardous 27 UNOFFICIAL COPY 24 RS BR 1664
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materials endorsement shall complete the entry level driver training 1
required under 49 C.F.R. pt. 380. 2
(c) Applicants who fail the written knowledge test shall be permitted to retake the 3
written test on the next day the tests are administered. Applicants who fail the 4
written test six (6) times shall be required to wait three (3) days before taking 5
the knowledge test again. Applicants who subsequently fail the written test 6
three (3) additional times shall be required to wait three (3) days prior to 7
retaking the test. 8
(2) (a) Except as provided for in subsection (3) of this section, at the time a CDL 9
permit is issued: 10
1. An applicant who has held a Kentucky operator's license for thirty (30) 11
days or longer shall pay a skills-testing fee of fifty dollars ($50); and 12
2. An applicant who has held a Kentucky operator's license for less than 13
thirty (30) days or an applicant who holds an out-of-state operator's 14
license and commercial learner's permit shall pay a skills-testing fee of 15
one hundred fifty dollars ($150). 16
(b)[ A person applying under subsection (8) of this section shall pay a skills-17
testing fee of one hundred fifty dollars ($150). 18
(c)] There is created within the State Treasury a trust fund to be known as the 19
State Police CDL skills-testing fund. The fund shall be administered by the 20
State Police and shall receive all skills-testing and retesting fees collected 21
under paragraph[paragraphs] (a)[ and (b)] of this subsection and subsection 22
(6)(e) of this section, in addition to any grants, gifts, or appropriations of state 23
or federal moneys and any interest earned on moneys in the fund. Moneys in 24
the fund shall not lapse and shall be carried forward to the next succeeding 25
fiscal year. The State Police CDL skills-testing fund shall be used by the State 26
Police to contract with and train civilian CDL skills examiners and to improve 27 UNOFFICIAL COPY 24 RS BR 1664
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the logistics of the CDL skills-testing process. 1
(c)[(d)] The State Police, upon request of an applicant who has passed both the 2
vision and knowledge tests, and has successfully completed all of the entry 3
level driver training required under 49 C.F.R. pt. 380 for the license class 4
and endorsements the applicant seeks, may schedule the applicant for the 5
skills test at the first available test date at a test site designated by the State 6
Police but not less than fourteen (14) days after the applicant has filed the 7
application and been issued a CDL permit. Except in extenuating 8
circumstances, a retest for a failed portion of the skills test shall be given 9
within three (3) days of a request of a retest. 10
(d)[(e)] An applicant shall provide a class representative commercial vehicle, for 11
the class of CDL for which the applicant is testing, in which to take the skills 12
test. Unless the State Police grant an exemption at the time the application for 13
testing is made, the vehicle supplied under this paragraph shall be unloaded. 14
Upon arrival for the skills test, the applicant shall have in his or her 15
possession a valid Kentucky operator's license and a valid CDL permit. A 16
CDL-licensed driver who is at least twenty-one (21) years old shall 17
accompany the applicant at all times the applicant is in operation of a 18
commercial vehicle. 19
(3) A testing fee shall not be charged to: 20
(a) An individual applying for a CDL with an "S" endorsement as defined in KRS 21
281A.170; or 22
(b) Military personnel applying for a CDL under KRS 281A.165. 23
(4) The State Police may authorize a third party to administer the skills test specified by 24
this section if: 25
(a) The test is the same that would otherwise be administered by the state; and 26
(b) The third party has entered into an agreement with this Commonwealth which 27 UNOFFICIAL COPY 24 RS BR 1664
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complies with requirements of[ Title] 49 C.F.R. sec.[, Code of Federal 1
Regulations, Part] 383.75, as adopted by the Transportation Cabinet. 2
(5) The State Police shall promulgate administrative regulations in accordance 3
with[under] KRS Chapter 13A that establish procedures that ensure an arm's-length 4
relationship is maintained between a third-party tester and any owner, officer, or 5
employee of any program offering commercial truck driving under the Kentucky 6
Community and Technical College System or a proprietary school licensed under 7
KRS Chapter 165A. 8
(6) (a) Applicants shall be permitted to take the skills test for a particular class 9
vehicle an unlimited number of times; however, an applicant shall not retest 10
more than one (1) time in any twenty-four (24) hour period. 11
(b) The skills test shall consist of three (3) separate portions: pre-trip inspection, 12
basic maneuvering, and road skills. An applicant must achieve a score of at 13
least eighty percent (80%) on each portion of the skills test before a CDL may 14
be issued to the applicant. An applicant who passes one (1) or more portions 15
of the skills test but does not pass all portions of the skills test shall retest only 16
on those portions of the skills test the applicant failed. 17
(c) An applicant who fails any portion of the skills test four (4) times shall be 18
notified by the State Police that the applicant is required to wait one (1) week 19
before retaking a portion of this skills test again. 20
(d) Failure of an applicant to notify the State Police at least forty-eight (48) hours 21
prior to missing an appointment for a skills test, or provide a written medical 22
excuse from a licensed physician, advanced registered nurse practitioner, or 23
physician's assistant, shall be considered a failure[,] on all parts of the skills 24
test scheduled to be given[,] for the purposes of determining number of 25
failures, waiting periods, and retesting fees under paragraphs (c) and (e) of 26
this subsection for individual applicants. The fees for a missed appointment 27 UNOFFICIAL COPY 24 RS BR 1664
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failure shall be forfeited and retained in the State Police CDL skills-testing 1
fund established under this section. If the forty-eight (48) hour notice or 2
medical excuse is given, the fee shall be applied to the rescheduled test. A 3
missed appointment failure under this paragraph shall not be reported as a 4
failure to the board. 5
(e) Except as provided for in paragraph (d) of this subsection, at the time of 6
application for a retest under this subsection, the applicant shall pay a 7
retesting fee of fifty dollars ($50). 8
(7) (a) An applicant who seeks reinstatement of a commercial driver's license after a 9
suspension, withdrawal, revocation, or disqualification of less than one (1) 10
year shall pay the reinstatement fee as prescribed by KRS 281A.150(7) and 11
shall receive his or her commercial driver's license with all endorsement and 12
restrictions that were in effect at the time of suspension. An applicant who 13
seeks reinstatement of a commercial driver's license after a suspension, 14
withdrawal, revocation, or disqualification of one (1) year or more shall 15
submit to the skills, knowledge, and vision tests. 16
(b) Subject to paragraphs (c) and (d) of this subsection, a person who possessed a 17
Kentucky commercial driver's license that has expired for a period of less than 18
five (5) years and was not subject to suspension, withdrawal, revocation, or 19
disqualification for any reason at the time of expiration may have that license 20
reinstated, with all endorsements, without submitting to the skills and 21
knowledge tests by applying to the cabinet for renewal. Upon submission of 22
medical certification, driver self-certifications required under KRS 23
281A.140(1)(f), successful completion of any necessary criminal background 24
check, and review of the person's driving history record, the cabinet shall 25
issue a renewal CDL, with all endorsements, to an applicant under this 26
paragraph. 27 UNOFFICIAL COPY 24 RS BR 1664
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(c) A person who otherwise meets the requirements of paragraph (b) of this 1
subsection whose CDL was subject to suspension or revocation solely for 2
failure to provide medical certification may apply for renewal of a CDL under 3
paragraph (b) of this subsection. 4
(d) If the CDL held by a person who otherwise meets the requirements of 5
paragraph (b) of this subsection carried a hazardous materials endorsement, 6
and the applicant wishes to retain that endorsement, he or she shall complete 7
any examinations required for a hazardous materials endorsement renewal in 8
KRS 281A.180(2) prior to renewing the CDL under paragraph (b) of this 9
subsection. 10
(8)[ An applicant who is not a resident of the Commonwealth, possesses both a valid 11
operator's license and a commercial driver's instruction permit, and has complied 12
with all necessary federal requirements may take a commercial driver's license 13
skills test under this section. 14
(9)] (a) The commissioner of the Department of Kentucky State Police shall 15
promulgate administrative regulations in accordance with[pursuant to the 16
provisions of] KRS Chapter 13A to implement the provisions of this section. 17
(b) The State Police shall promulgate administrative regulations in accordance 18
with[under] KRS Chapter 13A to set forth the qualifications for contract 19
examiners retained under subsection (2)(b)[(c)] of this section. 20
Section 5. KRS 281A.170 is amended to read as follows: 21
(1) The commercial driver's license shall be marked "commercial driver's license" and 22
"CDL" and shall be, to the maximum extent practicable, tamper proof. It shall 23
include but is not limited to the following information: 24
(a) The name and present resident address of the licensee; 25
(b) The licensee's photograph; 26
(c) A physical description of the licensee including sex, height, weight, and eye 27 UNOFFICIAL COPY 24 RS BR 1664
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color; 1
(d) The licensee's date of birth; 2
(e) The licensee's signature; 3
(f) The class or type of commercial motor vehicle or vehicles that the person is 4
authorized to drive together with any endorsements or restrictions; 5
(g) The name of this state; 6
(h) The dates between which the license is valid; and 7
(i) Any other information required by the cabinet, except for a person's Social 8
Security number. 9
(2) A commercial driver's license issued under this chapter shall contain a denotation 10
that either: 11
(a) The commercial driver's license is a voluntary travel ID identity document 12
that complies with the security standards set forth by Pub. L. No. 109-13, 13
Title II, and may be used for identification for federal purposes; or 14
(b) The commercial driver's license shall not be used for federal identification 15
purposes. 16
(3) A commercial driver's license shall be issued with classifications, endorsements, 17
and restrictions. Vehicles that require an endorsement shall not be driven unless the 18
proper endorsement appears on the license and the applicant has passed the 19
knowledge and skills test required by the State Police. 20
(a) Classifications: 21
1. Class A - Any combination of vehicles with a gross vehicle weight 22
rating of twenty-six thousand and one (26,001) pounds or more, if the 23
gross vehicle weight rating of the vehicle being towed is in excess of ten 24
thousand (10,000) pounds. Licensees with an "A" classification may 25
with the proper endorsement drive Class B and C vehicles;[.] 26
2. Class B - Any single vehicle with a gross vehicle weight rating of 27 UNOFFICIAL COPY 24 RS BR 1664
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twenty-six thousand and one (26,001) pounds or more, and any vehicle 1
towing a vehicle not in excess of ten thousand (10,000) pounds gross 2
vehicle weight rating. Licensees with a "B" classification may with the 3
proper endorsements drive Class C vehicles;[.] 4
3. Class C - Any single vehicle with a gross vehicle weight rating of less 5
than twenty-six thousand and one (26,001) pounds or any vehicle 6
towing a vehicle with a gross vehicle weight rating not in excess of ten 7
thousand (10,000) pounds which includes: 8
a. Vehicles designed to transport sixteen (16) or more passengers, 9
including the driver; or 10
b. Vehicles used in the transportation of hazardous materials which 11
requires the vehicle to be placarded under[ Title] 49 C.F.R. secs. 12
172.500 to 172.560[, Code of Federal Regulations, Part 172, sub-13
part F], as adopted by administrative regulations of the cabinet, 14
pursuant to KRS Chapter 13A;[.] 15
4. Class D - All other vehicles not listed in any other class, including 16
mopeds; and[.] 17
5. [Class E - Moped only. 18
6. ]Class M - Motorcycles. Licensees with a "M" classification may also 19
drive mopeds[Class E vehicles]. 20
(b) Endorsements: 21
1. "H" - Authorizes the driver to operate a vehicle transporting hazardous 22
materials;[.] 23
2. "T" - Authorizes operation of double trailers and triple trailers in those 24
jurisdictions allowing the operation of triple trailers;[.] 25
3. "P" - Authorizes operation of vehicles carrying passengers;[.] 26
4. "N" - Authorizes operation of tank vehicles;[.] 27 UNOFFICIAL COPY 24 RS BR 1664
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5. "X" - Authorizes operation of combination of hazardous materials and 1
tank vehicle endorsements;[.] 2
6. "R" - Authorizes operation of all other endorsements not otherwise 3
specified; and[.] 4
7. "S" - Authorizes operation of school buses. 5
(c) The Transportation Cabinet shall promulgate administrative regulations in 6
accordance with KRS Chapter 13A to outline restrictions on the operation of 7
commercial vehicles and the associated codes to identify such restrictions, 8
which shall appear on the face of the commercial driver's license. 9
(4) Within ten (10) days after issuing a commercial driver's license, the cabinet shall 10
notify the commercial driver's license information system of that fact, providing all 11
information required to ensure identification of the person. 12
(5) A commercial driver's license issued to a resident pursuant to this chapter shall 13
expire in eight (8) years unless the license was issued to a resident under the age of 14
twenty-one (21).[ A commercial driver's license issued to a person who is not a 15
resident shall be issued for one (1) year and shall not be renewable. The fee for a 16
commercial driver's license issued to a nonresident shall be the same as the fee 17
charged to a resident.] 18
(6) A person under the age of twenty-one (21) shall not be licensed to operate a Class 19
A, B, or C vehicle unless he has a "K"[an "I"] restriction. A commercial driver 20
with a "K"[an "I"] restriction shall not drive a commercial motor vehicle in 21
interstate commerce, unless he is exempt pursuant to 49 C.F.R. sec. 391.2. A 22
commercial driver under the age of twenty-one (21) shall not be allowed to operate 23
a school bus or a vehicle transporting hazardous material in intrastate commerce. 24
(7) The holder of a commercial driver's license shall be considered to hold a valid 25
Kentucky driver's license issued under the provisions of KRS 186.4102 and 26
186.412. 27 UNOFFICIAL COPY 24 RS BR 1664
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Section 6. KRS 281A.165 is amended to read as follows: 1
(1) The cabinet may waive the written knowledge test, the driving skills test, or both, 2
for an applicant on active or reserve military service, or who is a member of the 3
National Guard, or within one (1) year of separation of service, who: 4
(a) Is currently licensed; 5
(b) Has experience driving a vehicle in the military that would require a 6
commercial driver's license to operate as a civilian; 7
(c) Has a good driving record;[ and] 8
(d) Certifies and provides verification that, during the two (2) year period 9
immediately prior to applying for a commercial driver's license, the applicant: 10
1. Drove a motor vehicle in the military that was representative of the 11
commercial driver's license class[ and endorsement] for which he or she 12
is applying; 13
2. Has not had his or her operator's license or commercial driver's license 14
suspended, revoked, or canceled, or been disqualified from operating a 15
commercial motor vehicle; 16
3. Has not been convicted of any of the disqualifying offenses in 49 C.F.R. 17
sec. 383.51(b) while operating a commercial motor vehicle, or of any 18
offense in a noncommercial vehicle that would be disqualifying under 19
49 C.F.R. sec. 383.51(b) if committed in a commercial motor vehicle; 20
4. Has not been convicted of more than one (1) serious traffic violation, as 21
defined in 49 C.F.R. sec. 383.5, while operating any type of motor 22
vehicle; 23
5. Has not been convicted of any violation of military, state, or local law 24
relating to motor vehicle traffic control, other than a parking violation, 25
arising in connection with a traffic accident, and has no record of being 26
at fault in an accident while driving a vehicle in the military that would 27 UNOFFICIAL COPY 24 RS BR 1664
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require a commercial driver's license to operate as a civilian; 1
6. Has not been convicted of any motor vehicle traffic violation that 2
resulted in an accident; and 3
7. Is or was regularly employed in a position in the Armed Forces of the 4
United States requiring operation of a commercial motor vehicle of the 5
group the applicant seeks to drive, and provides evidence of that 6
employment in accordance with subsection (4)[(5)] of this section; and 7
(e) If applying for a license endorsement, provides the verification for a testing 8
waiver required under 49 C.F.R. Sec. 838.77(c). 9
(2) The written knowledge and skills test waiver process described in subsection (1) of 10
this section shall be completed, and the commercial driver's license issued, within 11
one (1) year of separation of service. 12
(3)[ Military personnel who obtain the skills test waiver under this section shall be 13
required to take the knowledge test pursuant to KRS 281A.130. 14
(4)] Military personnel who obtain the written knowledge and skills test waiver under 15
this section shall be required to pay the application fee as prescribed by KRS 16
281A.150, but shall not be charged the skills-testing fee as prescribed by KRS 17
281A.160. 18
(4)[(5)] The cabinet shall promulgate administrative regulations in accordance 19
with[under] KRS Chapter 13A that establish an application form for waiver of the 20
written knowledge and skills test by military personnel. As part of the application 21
process, the applicant shall be required to provide: 22
(a) A copy of the applicant's DD-214 form showing the applicant's military 23
occupational specialty; and[or] 24
(b) A signed statement by the applicant's commanding officer or transportation 25
officer, on a form provided by the cabinet, attesting to the fact that the 26
applicant meets the requirements of this section. 27 UNOFFICIAL COPY 24 RS BR 1664
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Section 7. KRS 281A.190 is amended to read as follows: 1
(1) A person who holds or is required to hold a CDL shall be disqualified from driving 2
a commercial motor vehicle for a period of one (1) year if convicted of: 3
(a) Driving or being in physical control of a motor vehicle under the influence of 4
alcohol or a controlled substance; 5
(b) Driving or being in physical control of a motor vehicle while the alcohol 6
concentration of the person's blood or breath or urine is four hundredths (0.04) 7
or more; 8
(c) Leaving the scene of an accident involving a motor vehicle driven by a person 9
who holds or is required to hold a CDL; 10
(d) Using a motor vehicle in the commission of any felony listed in KRS 186.560; 11
(e) Refusing to submit to testing as required by KRS 281A.220 when driving a 12
motor vehicle; 13
(f) Committing a first violation of driving a commercial motor vehicle while the 14
person's commercial driver's license is revoked, suspended, or canceled, or 15
when the person is disqualified from operating a commercial motor vehicle; 16
or 17
(g) Causing a fatality through negligent or criminal operation of a commercial 18
motor vehicle. 19
(2) A person who holds or is required to hold a CDL shall be disqualified for life if 20
convicted of two (2) or more violations of any of the offenses specified in 21
subsection (1) of this section or any combination of those offenses[,] arising from 22
two (2) or more separate incidents. The provisions of this subsection shall only 23
apply to convictions that occurred after the disqualification dates established by the 24
Federal Motor Carrier Safety Administration. The Transportation Cabinet shall set 25
forth those dates in an administrative regulation promulgated in accordance 26
with[pursuant to] KRS Chapter 13A. 27 UNOFFICIAL COPY 24 RS BR 1664
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(3) If any violation specified in subsection (1) of this section occurred while 1
transporting a hazardous material required to be placarded, the person who holds or 2
is required to hold a CDL shall be disqualified for a period of three (3) years. 3
(4) Notwithstanding any other provisions of law, a period of suspension, revocation, or 4
disqualification imposed under the provisions of this chapter shall not be reduced. 5
However, in accordance with the provisions of[ Title] 49 C.F.R pt.[, Code of 6
Federal Regulations, Part] 383, the cabinet may establish guidelines including 7
conditions under which a disqualification of not less than ten (10) years may be 8
imposed. 9
(5) A person who holds or is required to hold a CDL shall be disqualified from driving 10
a commercial motor vehicle for life if the person is convicted[ who uses a 11
commercial motor vehicle in the commission] of any felony in which a commercial 12
motor vehicle was used and that involved:[involving] 13
(a) The manufacture, distribution, or dispensing of a controlled substance, or 14
possession with intent to manufacture, distribute, or dispense a controlled 15
substance; or 16
(b) An act or practice of severe forms of trafficking in persons. 17
(6) A person who holds or is required to hold a CDL shall be disqualified from driving 18
a commercial motor vehicle for a period of sixty (60) days if convicted of two (2) 19
serious traffic violations, or one hundred twenty (120) days consecutively if 20
convicted of three (3) serious traffic violations, committed in a commercial motor 21
vehicle arising from separate incidents occurring within a three (3) year period. 22
(7) A person who holds or is required to hold a CDL shall be disqualified for the first 23
offense from driving a commercial motor vehicle for six (6) months if the person 24
has been convicted of committing any of those offenses enumerated in KRS 25
186.610 involving a commercial motor vehicle, commercial driver's license, or 26
application for that license. For the second and each subsequent offense, the person 27 UNOFFICIAL COPY 24 RS BR 1664
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shall be disqualified from operating a commercial motor vehicle for a period of one 1
(1) year. 2
(8) The cabinet shall deny a person a commercial driver's license or shall suspend, 3
revoke, or cancel his or her commercial driving privilege, subject to a hearing 4
conducted in accordance with KRS 189A.107, when the cabinet has reason to 5
believe that the person refused to submit to a test to determine his or her alcohol 6
concentration while driving a commercial motor vehicle. 7
(9) If a person who holds or is required to hold a CDL is convicted of any of the 8
railroad crossing offenses or conduct enumerated in KRS 189.500, 189.560, and 9
189.565, then the person shall be disqualified from operating a commercial motor 10
vehicle for a period of: 11
(a) Sixty (60) days for the first offense; 12
(b) One hundred twenty (120) days for the second offense within a three (3) year 13
period; and 14
(c) One (1) year for the third or subsequent offense within a three (3) year period. 15
(10) If a person who holds or is required to hold a CDL violates an out-of-service order 16
while transporting nonhazardous materials, then the person shall be disqualified 17
from operating a commercial motor vehicle for a period of: 18
(a) One hundred eighty (180)[Ninety (90)] days for the first offense; 19
(b) Two (2) years[One (1) year] for the second offense in a separate incident 20
within a ten (10) year period; and 21
(c) Three (3) years for the third or subsequent offense in a separate incident 22
within a ten (10) year period. 23
(11) If a person who holds or is required to hold a CDL violates an out-of-service order 24
while transporting hazardous materials required to be placarded under the 49 U.S.C. 25
sec. 5101 et seq., or operating a commercial motor vehicle designed to transport 26
sixteen (16) or more passengers, including the driver, then the person shall be 27 UNOFFICIAL COPY 24 RS BR 1664
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disqualified from operating a commercial motor vehicle for a period of: 1
(a) One hundred eighty (180) days for the first offense; and 2
(b) Three (3) years for the second or subsequent offense in a separate incident 3
within a ten (10) year period. 4
(12) A person who violates the provisions of KRS 281A.205 shall be fined fifty dollars 5
($50) for the first offense. For a subsequent offense, a violator shall be fined one 6
hundred dollars ($100) and shall have his or her school bus endorsement suspended 7
for a period of six (6) months. 8
(13) After disqualifying a commercial driver's license holder or suspending, revoking, or 9
canceling a commercial driver's license, the Transportation Cabinet shall update its 10
records to reflect that action within ten (10) days of receipt. After disqualifying a 11
commercial driver's license holder or suspending, revoking, or canceling an out-of-12
state commercial driver's license holder's privilege to operate a commercial motor 13
vehicle for at least sixty (60) days, the Transportation Cabinet shall notify the 14
licensing authority of the state which issued the commercial driver's license or 15
commercial learner's[driver's instruction] permit with this information within ten 16
(10) days. The notification shall include both the disqualification and the violation 17
that resulted in the disqualification, suspension, cancellation, or revocation. 18
(14) Upon notice from the Federal Motor Carrier Safety Administration that a driver has 19
been determined to be an imminent hazard and has been disqualified from operating 20
a commercial motor vehicle, the cabinet shall act in accordance with the provisions 21
of 49 C.F.R. sec. 383.52. The cabinet shall notify the driver of the disqualification, 22
which shall not exceed one (1) year in duration, and of the right to appeal to the 23
Federal Motor Carrier Safety Administration in accordance with 49 C.F.R. sec. 24
383.52. 25
Section 8. KRS 281A.270 is amended to read as follows: 26
The Transportation Cabinet shall[may] adopt[ in whole or in part] those federally 27 UNOFFICIAL COPY 24 RS BR 1664
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mandated requirements set forth in[ Title] 49 C.F.R. pt.[, Code of Federal Regulations, 1
Part] 383, notwithstanding the fact that the provisions may conflict with other provisions 2
of this chapter. 3
Section 9. KRS 281A.185 is amended to read as follows: 4
(1) The Commonwealth shall not mask, defer imposition of judgment, or allow an 5
individual to enter into a diversion program that would prevent a CLP or CDL 6
holder's conviction for any violation, in any type of motor vehicle, of a state or local 7
traffic control law from appearing on the CDLIS driver record, whether the driver 8
was convicted for an offense committed in the Commonwealth or another state. 9
(2) This section shall not apply to the following violations: 10
(a) Parking; 11
(b) Vehicle weight; or 12
(c) Vehicle defect. 13
Section 10. KRS 281A.090 is amended to read as follows: 14
(1) Except when driving under a commercial learner's[driver's instruction] permit and 15
accompanied by the holder of commercial driver's license valid for the vehicle 16
being driven, no person shall drive a commercial motor vehicle on the highways of 17
this state unless the person holds a valid commercial driver's license with applicable 18
endorsements valid for the vehicle he or she is driving. 19
(2) No person shall drive a commercial motor vehicle on the highways of this state 20
while his or her driving privilege for a commercial or noncommercial motor vehicle 21
is suspended, revoked, or canceled, or while he or she is subject to a 22
disqualification, or in violation of an out-of-service order. 23
(3) The licensee shall have in his or her immediate possession at all times when 24
operating a motor vehicle his or her commercial driver's license, and shall display 25
the license upon demand to the Transportation Cabinet, a license examiner, a peace 26
officer, a State Police officer, or an inspector or officer of the Department of 27 UNOFFICIAL COPY 24 RS BR 1664
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Vehicle Regulation. It shall be a defense to a violator of this subsection if the 1
person so charged produces in court a commercial driver's license, issued to him or 2
her before his or her arrest or violation and which was valid at that time. 3
Section 11. KRS 281A.130 is amended to read as follows: 4
(1) A person shall not be issued a commercial driver's license unless that person: 5
(a) Is a resident of this state; 6
(b) Holds a valid operator's license; 7
(c) Has complied with the provisions of KRS 281A.300; 8
(d) Except as provided in KRS 281A.165, has passed the knowledge and skills 9
tests for driving a commercial motor vehicle which comply with minimum 10
federal standards established by federal regulation enumerated in[ Title] 49 11
C.F.R. pt.[, Code of Federal Regulations, Part] 383, as adopted by the cabinet; 12
and 13
(e) Has satisfied all other safety requirements including those requirements 14
imposed by state law or federal regulation. The tests shall be prescribed and 15
conducted as set forth in KRS 281A.160. 16
(2) A commercial driver's license[,] or commercial learner's[driver's instruction] 17
permit shall not be issued to a person while the person is subject to a 18
disqualification from driving a commercial motor vehicle[,] or while the person's 19
driver's license or driving privilege is suspended, revoked, or canceled in any state 20
or jurisdiction. 21
(3) A commercial driver's license shall not be issued to a person who has a commercial 22
driver's license issued by any other state unless the person first surrenders all such 23
licenses, which shall be returned to the issuing jurisdiction for cancellation. 24
(4) To ensure that an applicant for a commercial driver's license or commercial 25
learner's[instruction] permit complies with the requirements of subsections (2) and 26
(3) of this section, the Transportation Cabinet shall verify through the commercial 27 UNOFFICIAL COPY 24 RS BR 1664
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driver's license information system and national driver register that the person 1
applying for a Kentucky CDL does not currently have his or her operator's license 2
or driving privilege suspended or revoked in another licensing jurisdiction. If the 3
person's operator's license or driving privilege is currently suspended or revoked in 4
another licensing jurisdiction, the Transportation Cabinet shall not issue the person 5
a Kentucky CDL until the person resolves the matter in the other licensing 6
jurisdiction and complies with the provisions of this chapter and KRS Chapter 186. 7
Section 12. KRS 281A.150 is amended to read as follows: 8
(1) Every person seeking a commercial driver's license or a commercial 9
learner's[driver's instruction] permit shall first apply in person to the cabinet. The 10
application shall be in the form prescribed by KRS 281A.140 as provided by the 11
cabinet. Except as provided in KRS 281A.160(6), each time a person applies for a 12
commercial driver's license, a commercial learner's[an instruction] permit, or seeks 13
to upgrade or change his or her commercial driver's license, the person shall be 14
required to: 15
(a) Update the application; and 16
(b) Submit the appropriate fee to the cabinet. 17
(2) In addition to the fees for an operator's license under KRS 186.531, the cabinet 18
shall set fees by administrative regulation, in accordance with[pursuant to] KRS 19
Chapter 13A, for the following applications that shall not exceed: 20
(a) Forty dollars ($40) for each application for a commercial driver's license. The 21
fee shall be based on the class, type of license, endorsement, restriction, or 22
tests to be taken; 23
(b) Thirty-five dollars ($35) for each application for a commercial 24
learner's[driver's instruction] permit; 25
(c) Fifteen dollars ($15) for each application for a change or addition in class or 26
type of license, endorsement, or restriction; and 27 UNOFFICIAL COPY 24 RS BR 1664
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(d) Forty dollars ($40) for each application for a duplicate if it is the first 1
duplicate applied for within the time period for which the original license was 2
issued. Sixty dollars ($60) for a second or subsequent duplicate applied for 3
within the time period for which the original license was issued. The fees 4
required for a duplicate shall be in addition to fees charged under subsection 5
(2)(c) of this section. 6
(3) In addition to the fees for an operator's license KRS 186.531, the cabinet shall set 7
fees by administrative regulation in accordance with[, pursuant to] KRS Chapter 8
13A, for the following commercial driver's licenses that shall not exceed: 9
(a) Forty-five dollars ($45) for each initial or renewal of a commercial driver's 10
license; 11
(b) Sixty dollars ($60) for each transfer of a commercial driver's license; and 12
(c) Thirty dollars ($30) for each initial or renewal of a commercial driver's 13
license with an "S" endorsement. 14
(4) All fees remitted to the cabinet shall be nonrefundable regardless of whether the 15
applicant completes the requirements for a commercial driver's license or is tested. 16
(5) All fees collected for the issuance of a commercial driver's license or a commercial 17
learner's[driver's instruction] permit shall be deposited into trust and agency 18
accounts to be used exclusively for the administration and implementation of this 19
chapter, except as prescribed in subsection (6) of this section. The accounts shall 20
not lapse but shall be continuing from year to year. 21
(6) All fees collected pursuant to this section[,] shall be allocated between the 22
Transportation Cabinet and Department of Kentucky State Police, except a fifty 23
cent ($0.50) issuance fee shall be allocated to the general fund from issuance of a 24
commercial driver's license permit and[.] a three dollar ($3) issuance fee shall be 25
allocated to the general fund from issuance of a commercial driver's license. 26
(7) Any applicant who seeks reinstatement of his or her commercial driving privilege 27 UNOFFICIAL COPY 24 RS BR 1664
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after a suspension, withdrawal, revocation, or disqualification shall pay a 1
reinstatement fee of fifty dollars ($50) in addition to those fees required by 2
subsection (2) of this section and shall satisfy the requirements of KRS 281A.160. 3
This fee shall not be required if his or her commercial driving privilege was 4
withdrawn only as a result of the withdrawal of his or her privilege to drive a 5
noncommercial motor vehicle. 6
(8) [Beginning July 1, 2020, ]As payment for any fee identified in this section, the 7
cabinet: 8
(a) Shall accept cash and personal checks; and 9
(b) May accept other methods of payment in accordance with KRS 45.345. 10
Section 13. KRS 281A.240 is amended to read as follows: 11
(1) Notwithstanding any law to the contrary, a person may drive a commercial motor 12
vehicle in this state if the person has a valid commercial driver's license or 13
commercial learner's[driver's license instruction] permit issued by any state, 14
Canada, or Mexico in accordance with the minimum federal standards for the 15
issuance of commercial motor vehicle driver's licenses[license], if: 16
(a) The person's driving privilege is not suspended, revoked, or canceled; and 17
(b) [if ]The person is not disqualified from driving a commercial motor vehicle or 18
subject to an out-of-service order. 19
(2) The Commonwealth of Kentucky shall give all out-of-state convictions full faith 20
and credit and treat them for sanctioning purposes under this chapter as if they 21
occurred in this state. Except as otherwise provided, when in this chapter reference 22
is made to an offense which is a violation of a provision of this chapter or other 23
Kentucky state law, the reference shall be deemed to include offenses under any 24
local ordinance, any federal law, any law, or local ordinance of another state 25
substantially similar to any provision of the Kentucky Revised Statutes. 26
Section 14. KRS 281A.300 is amended to read as follows: 27 UNOFFICIAL COPY 24 RS BR 1664
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(1) (a) Any person initially applying for, or[ initially] renewing, a Kentucky CDL 1
[instruction permit ]or CLP[operator's license,] shall be required to undergo a 2
state and national criminal history background check of state and federal 3
wanted or "hot file" records conducted by the State Police. 4
(b) All initial and renewal application forms for a Kentucky CDL or 5
CLP[instruction permit or operator's license] shall conspicuously state the 6
following: "STATE LAW REQUIRES A STATE AND NATIONAL 7
CRIMINAL HISTORY BAC KGROUND CHECK AS A CONDITION OF 8
APPLYING FOR A KENTUCKY CDL. ANY PERSON WHO REFUSES 9
TO SUBMIT TO A CRIMINAL HISTORY BACKGROUND CHECK 10
SHALL NOT BE ELIGIBLE TO APPLY FOR, OR BE ISSUED, A 11
KENTUCKY CDL." 12
(2) The results of the state and national criminal history background checks shall be 13
sent to the cabinet for review within seventy-two (72) hours. An applicant for a 14
CLP[CDL instruction permit] may enroll in a commercial driver training program 15
under the Kentucky Community and Technical College System or a proprietary 16
school licensed under KRS Chapter 165A, and may be issued a CLP[CDL 17
instruction permit] upon enrollment, however the status of the applicant retaining 18
the CLP[CDL instruction permit] shall not be determined until the results of the 19
background checks are made available to the cabinet. The cabinet shall inform an 20
applicant, based upon the criminal history background check, of the applicant's 21
eligibility to be issued a CLP[CDL instruction permit] or CDL. The cabinet shall 22
promulgate administrative regulations in accordance with[under] KRS Chapter 23
13A to specify conditions that will cause a person to be denied a CLP[CDL 24
instruction permit] or CDL based upon the person's criminal history background 25
check. 26
(3) Any fee charged by the State Police to conduct a criminal history background check 27 UNOFFICIAL COPY 24 RS BR 1664
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shall be paid by the applicant and shall not be refundable. Any fee charged to 1
conduct a criminal history background check shall be an amount not greater than 2
the actual cost of processing the request and conducting the search. 3
(4) The criminal history background checks required by this section shall be in addition 4
to any type of background check that may be required by federal statute, rule, 5
regulation, or order. 6
Section 15. KRS 281A.020 is amended to read as follows: 7
(1) It is the purpose of this chapter to implement the Federal Commercial Motor 8
Vehicle Safety Act of 1986 (Title XII of Public Law 99-570) and reduce or prevent 9
commercial vehicle accidents, fatalities and injuries by: 10
(a) Permitting commercial drivers to hold only one (1) license; 11
(b) Disqualifying commercial drivers who have committed certain serious traffic 12
violations, or other specified offenses as herein defined; and 13
(c) Strengthening commercial driver licensing and testing standards. 14
(2) This chapter shall be liberally construed to promote the public health, safety, and 15
welfare. As applied to commercial drivers, to the extent this chapter conflicts with 16
general driver licensing provisions this chapter prevails. If this chapter is silent, 17
general driver licensing provisions shall apply. 18
(3) The issuance of a Class D[, E,] or M license as set forth in KRS 281A.170 shall be 19
in accordance with the general driver licensing statutes in KRS Chapter 186 and 20
shall be subject to the fees as set forth in KRS 186.531 in addition to any other fee 21
required by statute. 22
(4) Any administrative action taken pursuant to this chapter against a Class A, B, or C 23
license shall be in addition to any administrative action taken against a Class D[, E,] 24
or M license imposed under any other applicable statute. 25
Section 16. KRS 186.410 is amended to read as follows: 26
(1) Every person except those exempted by KRS 186.420 and 186.430 shall, before 27 UNOFFICIAL COPY 24 RS BR 1664
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operating a motor vehicle, motorcycle, or moped upon a highway, secure an 1
operator's license as provided in this chapter. 2
(2) Except as provided in KRS 186.4121, all original, renewal, and duplicate personal 3
identification cards and licenses for the operation of motor vehicles, or 4
motorcycles[, or mopeds] shall be applied for with the Transportation Cabinet, or 5
through alternative technology, and issued by the Transportation Cabinet. Subject to 6
the provisions of KRS 186.4101, applications for renewal licenses and personal 7
identification cards shall be made every eight (8) years within the birth month of the 8
applicant. A license shall not be issued until the application has been certified by 9
the cabinet and the applicant has, if required under KRS 186.635, successfully 10
completed the examinations required under KRS 186.480. 11
(3) All personal identification cards shall be issued under the provisions of KRS 12
186.4102, 186.4122, and 186.4123. 13
(4) A person under the age of eighteen (18) years who applies for an instruction permit 14
shall, at any time between the age of sixteen (16) and before the person's eighteenth 15
birthday, enroll in one (1) of the following driver training programs: 16
(a) A driver's education course administered by a school district; 17
(b) A driver training school licensed pursuant to KRS Chapter 332 which offers a 18
course meeting or exceeding the minimum standards established by the 19
Transportation Cabinet; or 20
(c) State traffic school. The person may seek to enroll in state traffic school 21
before the person's eighteenth birthday. Persons enrolling in state traffic 22
school pursuant to this paragraph shall not be required to pay a fee. 23
(5) Any applicant for any initial or renewal instruction permit, operator's license, or 24
personal identification card under KRS 186.400 to 186.640 may apply for either: 25
(a) A voluntary travel ID document; or 26
(b) A standard document that does not meet standards for federal identification 27 UNOFFICIAL COPY 24 RS BR 1664
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purposes. 1
Section 17. KRS 186.018 is amended to read as follows: 2
(1) For purposes of maintaining driving history records of operators of motor vehicles 3
of the Commonwealth, the files of the Transportation Cabinet shall be used to 4
ascertain the driving history record of each person who is licensed to operate a 5
motor vehicle within the Commonwealth. 6
(2) Except as provided in subsections (3) and (4)[subsection (2)] of this section, the 7
Transportation Cabinet shall destroy, and shall not maintain, records of moving 8
traffic convictions that are more than five (5) years old. 9
(3) [Notwithstanding, ]For any licensee who now holds, who has applied for, or has 10
ever held a commercial driver's license or commercial learner's permit[Class A, 11
B, or C license] issued pursuant to Section 2 of this Act or KRS 281A.170, the 12
cabinet shall keep conviction records indefinitely. 13
(4)[(2)] The Transportation Cabinet shall not release information on the driving 14
history record of a person under the age of twenty-one (21) whose operator license 15
has been suspended pursuant to KRS 189A.010(6). The cabinet shall destroy, and 16
shall not maintain, the record of the suspension of a person's operator's license if the 17
license was suspended pursuant to KRS 189A.010(6), within five (5) working days 18
of the person's operator's license being reinstated. This subsection shall not apply to 19
a person who holds, or is required to hold, a commercial driver's license or 20
commercial learner's permit. 21
(5)[(3)] The cabinet shall charge a fee of three dollars ($3) for any driving history 22
record, ten cents ($0.10) of which shall be deposited in a special account within the 23
road fund to be used exclusively by the Transportation Cabinet for the state driver 24
education program as designated in KRS 186.535. 25
Section 18. KRS 186.4122 is amended to read as follows: 26
(1) As used in this section, "applicant" means a person who is a citizen or permanent 27 UNOFFICIAL COPY 24 RS BR 1664
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resident of the United States. 1
(2) The Transportation Cabinet shall issue a personal identification card to an applicant 2
who: 3
(a) Is a Kentucky resident; 4
(b) Applies in person to the cabinet or through alternative technology; and 5
(c) Complies with the provisions of this section. 6
(3) Upon application for a personal identification card under this section, the cabinet 7
shall capture a photograph of the applicant in accordance with KRS 186.4102(1). 8
(4) (a) Except as provided in paragraph (b) of this subsection, the cabinet shall 9
electronically scan the documents required for application under this section 10
and shall electronically retain the application, supporting documents, and the 11
photograph of the applicant. The cabinet shall present the applicant with a 12
temporary personal identification card, which shall be valid for thirty (30) 13
days until a permanent personal identification card is mailed to the applicant 14
by the Transportation Cabinet. 15
(b) The cabinet shall only electronically scan the birth certificate of an individual 16
applying for a voluntary travel ID personal identification card. If the applicant 17
is not seeking such a document, the cabinet shall not electronically scan the 18
applicant's birth certificate. 19
(c) An applicant for a personal identification card shall not be required to 20
surrender the applicant's birth certificate for image capture, image storage, or 21
image transmission to any entity, including the federal government, unless 22
express consent is given by the applicant during the course of obtaining a 23
voluntary travel ID personal identification card. 24
(5) (a) An application for a personal identification card shall be accompanied by the 25
same information as is required for an operator's license under KRS 186.412, 26
except if an applicant does not have an established and fixed nighttime 27 UNOFFICIAL COPY 24 RS BR 1664
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residence of regular return, the applicant may: 1
1. Until July 1, 2025, use as proof of residency a signed letter from a 2
homeless shelter, health care facility, or social service agency currently 3
providing the applicant treatment or services and attesting that the 4
applicant is a resident of Kentucky; or 5
2. On or after July 1, 2025, follow the procedures outlined in KRS 6
186.412(3). 7
(b) An applicant who does not have an established and fixed nighttime residence 8
of regular return shall not be issued a voluntary travel ID personal 9
identification card. 10
(c) An applicant for a personal identification card who is at least sixteen (16) 11
years of age but less than eighteen (18) years of age shall not be required to 12
obtain a signature of a parent or legal guardian on the application if the 13
applicant has been verified as a homeless child or youth, as defined in 42 14
U.S.C. sec. 11434a(2), by at least one (1) of the following: 15
1. A director or designee of a governmental or nonprofit agency that 16
receives public or private funding to provide services to homeless 17
people; 18
2. A local educational agency liaison for homeless children and youths 19
designated pursuant to 42 U.S.C. sec. 11432(g)(1)(J)(ii), or a school 20
social worker or school counselor; 21
3. The director or director's designee of a federal TRIO Program or a 22
Gaining Early Awareness and Readiness for Undergraduate Program; or 23
4. A financial aid administrator for an institution of higher education. 24
(d) It shall be permissible for the application form for a personal identification 25
card to include as an applicant's most current resident address a mailing 26
address or an address provided on a voter registration card. 27 UNOFFICIAL COPY 24 RS BR 1664
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(e) If the applicant is not the legal owner or possessor of the address provided on 1
the application form, the applicant shall swear that he or she has permission 2
from the legal owner, authorized agent for the legal owner, or possessor to use 3
the address for purposes of obtaining the personal identification card. 4
(6) (a) Every applicant for a personal identification card under this section shall 5
swear an oath to the cabinet as to the truthfulness of the statements contained 6
on the application form. 7
(b) A personal identification card may be suspended or revoked if the person who 8
was issued the card presents false or misleading information to the cabinet 9
when applying for the card. 10
(7) A personal identification card issued under this section shall be valid for a period of 11
eight (8) years from the date of issuance, except that if the personal identification 12
card is issued to a person who does not have an established and fixed nighttime 13
residence of regular return, then the personal identification card shall be valid for 14
one (1) year from the date of issuance. 15
(8) (a) An applicant shall not[may] be issued a personal identification card if the 16
applicant currently holds a valid Kentucky instruction permit or operator's 17
license.[, except that] A person shall not hold more than one (1) license or 18
personal identification card[ that is a voluntary travel ID identity document 19
which indicates that it meets the requirements for federal identification under 20
Pub. L. No. 109-13, Title II, as referenced in KRS 186.4102(8)]. 21
(b) If a person's instruction permit or operator's license has been suspended or 22
revoked, the person may be issued a personal identification card.[ Subject to 23
the limitations in paragraph (a) of this subsection,] A personal identification 24
card shall[may] be surrendered when the person applies to have his or her 25
instruction permit or operator's license reinstated. 26
Section 19. KRS 186.4123 is amended to read as follows: 27 UNOFFICIAL COPY 24 RS BR 1664
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(1) As used in this section, "applicant" means a person who is not a United States 1
citizen and has not been granted status as a permanent resident of the United States. 2
(2) The Transportation Cabinet shall issue a personal identification card to an applicant 3
who: 4
(a) Is a Kentucky resident; 5
(b) Applies in person to either the Transportation Cabinet in Frankfort or a 6
Transportation Cabinet field office; and 7
(c) Complies with the provisions of this section. 8
(3) Upon application for a personal identification card under this section, the cabinet 9
shall capture a photograph of the applicant in accordance with KRS 186.4102(1). 10
(4) The cabinet shall electronically scan the documents required for application under 11
this section, supporting documents, and the photograph of the applicant into the 12
cabinet's database. 13
(5) (a) An application for a personal identification card shall be accompanied by the 14
same information as is required for an operator's license under KRS 186.412, 15
along with other documents required under this section, except if an applicant 16
does not have an established and fixed nighttime residence of regular return, 17
the applicant may: 18
1. Until July 1, 2025, use as proof of residency a signed letter from a 19
homeless shelter, health care facility, or social service agency currently 20
providing the applicant treatment or services and attesting that the 21
applicant is a resident of Kentucky; or 22
2. On or after July 1, 2025, follow the procedures outlined in KRS 23
186.412(3). 24
(b) An applicant who does not have an established and fixed nighttime residence 25
of regular return shall not be issued a voluntary travel ID personal 26
identification card. 27 UNOFFICIAL COPY 24 RS BR 1664
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(c) It shall be permissible for the application form for a personal identification 1
card to include as an applicant's most current resident address a mailing 2
address or an address provided on a voter registration card. 3
(d) If the applicant is not the legal owner or possessor of the address provided on 4
the application form, the applicant shall swear that he or she has permission 5
from the legal owner, authorized agent for the legal owner, or possessor to use 6
the address for purposes of obtaining the personal identification card. 7
(6) The application form under this section shall be accompanied by the applicant's 8
documentation issued by the United States Department of Homeland Security, 9
United States Bureau of Citizenship and Immigration Services, authorizing the 10
applicant to be in the United States. The Transportation Cabinet shall verify the 11
information submitted under this subsection through the Systematic Alien 12
Verification for Entitlements (SAVE) program. 13
(7) The application form of a special status individual with a K-1 status shall be 14
accompanied by an original or certified copy of the applicant's completed marriage 15
license signed by the official who presided over the marriage ceremony and two (2) 16
witnesses. The application form of a special status individual with a K-1 status shall 17
also include the applicant's petition to enter the United States for the purpose of 18
marriage that contains the name of the prospective spouse. If the name of the 19
prospective spouse on the petition does not match the name of the spouse on the 20
marriage license, the Transportation Cabinet shall not be required to issue an 21
operator's license. 22
(8) (a) The Transportation Cabinet shall verify and validate the immigration status 23
and personal identity of an applicant under this section through federal 24
government systems and databases. 25
(b) If an applicant's identity and immigration status is validated, the cabinet shall 26
capture a photograph of the applicant,[ and] scan the required documents into 27 UNOFFICIAL COPY 24 RS BR 1664
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the cabinet's database, and shall present the applicant with a temporary 1
personal identification card, which shall be valid for thirty (30) days until a 2
permanent personal identification card is mailed to the applicant. 3
(c) An applicant under this section shall only be issued a standard personal 4
identification card. 5
(9) (a) An applicant shall apply to renew a personal identification card, or obtain a 6
duplicate personal identification card, at the Transportation Cabinet in 7
Frankfort or a Transportation Cabinet field office. 8
(b) If a person has any type of change in his or her immigration status, the person 9
shall apply to update with either the Transportation Cabinet in Frankfort or a 10
Transportation Cabinet field office within ten (10) days. 11
(10) (a) Every applicant for a personal identification card under this section shall 12
swear an oath to the Transportation Cabinet as to the truthfulness of the 13
statements contained on the application form. 14
(b) A personal identification card may be suspended or revoked if the person who 15
was issued the card presents false or misleading information to the cabinet 16
when applying for the card. 17
(11) (a) Except as provided in paragraph (b) of this subsection, an initial or renewal 18
personal identification card issued to an applicant who is not a special status 19
individual shall be valid for a period equal to the length of time the applicant's 20
documentation from the United States Department of Homeland Security, 21
United States Bureau of Citizenship and Immigration Services, is valid, or 22
eight (8) years, whichever time period is shorter. 23
(b) A[An initial or renewal] personal identification card shall be valid for a period 24
of one (1) year if: 25
1. The applicant is not a special status individual and the applicant's 26
documentation issued by the United States Department of Homeland 27 UNOFFICIAL COPY 24 RS BR 1664
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Security, United States Bureau of Citizenship and Immigration Services, 1
is issued for an indefinite period of time and does not have an expiration 2
date. The fee shall be the same as for a regular personal identification 3
card; or 4
2. The personal identification card is issued to a person who does not have 5
an established and fixed nighttime residence of regular return. 6
Section 20. KRS 186.4125 is amended to read as follows: 7
[(1) ]In order to apply for a voluntary travel ID identity document under KRS 186.403, 8
the applicant shall present the applicant's certified birth certificate or a valid, unexpired, 9
United States passport or Permanent Resident Card (Form I-551). 10
[(2) For the purposes of KRS 186.400 to 186.640, an original hospital birth certificate 11
signed by the attending physician shall be acceptable as certifying the birth date of 12
an applicant for a standard instruction permit, operator's license, or personal 13
identification card. 14
(3) The Transportation Cabinet shall apply to the United States Department of 15
Homeland Security for an exception to allow birth certificates described in 16
subsection (2) of this section to be used to apply for a voluntary travel ID identity 17
document under KRS 186.403.] 18
Section 21. KRS 186.531 is amended to read as follows: 19
(1) As used in this section: 20
(a) "GF" means the general fund; 21
(b) "IP" means instruction permit; 22
(c) "License Fund" or "LF" means the KYTC photo license account created in 23
KRS 174.056; 24
(d) "MC" means motorcycle; 25
(e) "MC Fund" or "MCF" means the motorcycle safety education program fund 26
established in KRS 176.5065; 27 UNOFFICIAL COPY 24 RS BR 1664
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(f) "OL" means operator's license; and 1
(g) "PIDC" means personal identification card. 2
(2) The fees imposed for voluntary travel ID operator's licenses, instruction permits, 3
and personal identification cards shall be as follows. The fees received shall be 4
distributed as shown in the table. The fees shown, unless otherwise noted, are for an 5
eight (8) year period: 6
Card Type Fee LF GF MCF 7
OL (initial/renewal) $48 $48 $0 $0 8
OL (Under 21) (Up to 4 years) $18 $18 $0 $0 9
Any OL, MC, or combination 10
(duplicate/corrected) $15 $13.25 $1.75 $0 11
Motor vehicle IP (3 years) $18 $16 $2 $0 12
Motorcycle IP (1 year) $18 $13 $1 $4 13
Motorcycle OL (initial/renewal) $48 $38 $0 $10 14
Combination vehicle/MC OL 15
(initial/renewal) $58 $48 $0 $10 16
PIDC (initial/renewal) $28 $25 $3 $0 17
PIDC (duplicate/corrected) $15 $13.50 $1.50 $0 18
(3) Except as provided in subsection (10) of this section, the fees imposed for standard 19
operator's licenses, instruction permits, and personal identification cards shall be as 20
follows and, unless otherwise noted, are for an eight (8) year period: 21
Card Type Fee LF GF MCF 22
OL (initial/renewal) $43 $43 $0 $0 23
OL (Under 21) (Up to 4 years) $15 $15 $0 $0 24
Any OL, MC, or combination 25
(duplicate/corrected) $15 $13.25 $1.75 $0 26
Motor vehicle IP (3 years) $15 $13 $2 $0 27 UNOFFICIAL COPY 24 RS BR 1664
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Motorcycle IP (1 year) $15 $10 $1 $4 1
Motorcycle OL (initial/renewal) $43 $33 $0 $10 2
Combination vehicle/MC OL 3
(initial/renewal) $53 $43 $0 $10 4
PIDC (initial/renewal) $23 $20 $3 $0 5
PIDC (duplicate/corrected) $15 $13.50 $1.50 $0 6
PIDC (no fixed address) under 7
KRS 186.4122(5)/186.4123(5) 8
(initial, duplicate, or corrected) $10[$5 ] $10[$5 ] $0 9
$0 10
(4) The fee for a four (4) year original or renewal license issued pursuant to KRS 11
186.4101 shall be fifty percent (50%) of the amount shown in subsections (2) and 12
(3) of this section. The distribution of fees shown in subsections (2) and (3) of this 13
section shall also be reduced by fifty percent (50%) for licenses that are issued for 14
four (4) years. 15
(5) Any fee for any identity document applied for using alternative technology under 16
KRS 186.410 and 186.4122 shall be distributed in the same manner as a document 17
applied for in person with the cabinet. 18
(6) (a) An applicant for an original or renewal operator's license, permit, commercial 19
driver's license, motorcycle operator's license, or personal identification card 20
shall be requested by the cabinet to make a donation to promote an organ 21
donor program. 22
(b) The donation under this subsection shall be added to the regular fee for an 23
original or renewal motor vehicle operator's license, permit, commercial 24
driver's license, motorcycle operator's license, or personal identification card. 25
One (1) donation may be made per issuance or renewal of a license or any 26
combination thereof. 27 UNOFFICIAL COPY 24 RS BR 1664
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(c) The fee shall be paid to the cabinet and shall be forwarded by the cabinet on a 1
monthly basis to the Kentucky Circuit Court Clerks' Trust for Life, and such 2
moneys are hereby appropriated to be used exclusively for the purpose of 3
promoting an organ donor program. A donation under this subsection shall be 4
voluntary and may be refused by the applicant at the time of issuance or 5
renewal. 6
(7) In addition to the fees outlined in this section, the following individuals, upon 7
application for an initial or renewal operator's license, instruction permit, or 8
personal identification card, shall pay an additional application fee of thirty dollars 9
($30), which shall be deposited in the photo license account: 10
(a) An applicant who is not a United States citizen or permanent resident and who 11
applies under KRS 186.4121 or 186.4123; or 12
(b) An applicant who is applying for a instruction permit, operator's license, or 13
personal identification card without a photo under KRS 186.4102(9). 14
(8) (a) Except for individuals exempted under paragraph (c) of this subsection, an 15
applicant for relicensing after revocation or suspension shall pay a 16
reinstatement fee of forty dollars ($40). 17
(b) The reinstatement fee under this subsection shall be distributed by the State 18
Treasurer as follows: 19
1. Thirty-five dollars ($35) shall be deposited into the photo license 20
account; and 21
2. Five dollars ($5) shall be deposited into a trust and agency fund to be 22
used in defraying the costs and expenses of administering a driver 23
improvement program for problem drivers. 24
(c) This subsection shall not apply to: 25
1. Any person whose license was suspended for failure to meet the 26
conditions set out in KRS 186.411 when, within one (1) year of 27 UNOFFICIAL COPY 24 RS BR 1664
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suspension, the driving privileges of the individual are reinstated; or 1
2. A student who has had his or her license revoked pursuant to KRS 2
159.051. 3
(9) As payment for any fee identified in this section, the cabinet: 4
(a) Shall accept cash and personal checks; 5
(b) May accept other methods of payment in accordance with KRS 45.345; and 6
(c) May enter into billing agreements with homeless shelters, health care 7
facilities, or social service agencies that serve individuals without an 8
established and fixed nighttime residence of regular return. 9
(10) There shall be no fee assessed for the initial, renewal, or duplicate standard personal 10
identification card to an individual, if the individual: 11
(a) Does not possess a valid operator's license or a commercial driver's license; 12
and 13
(b) Is at least eighteen (18) years of age on or before the next regular election. 14
Section 22. KRS 186.060 is amended to read as follows: 15
(1) Applications for registration of motor vehicles leased or owned by a county, city, 16
urban-county, or board of education, or emergency and ambulance vehicles 17
operated by nonprofit corporations organized by units of government in the state or 18
by the state or federal government shall be submitted to the county clerk, who shall 19
enter the application into AVIS for final approval by[accompanied by a statement 20
from the head of the department of the governmental unit that leases or owns the 21
motor vehicle, certifying that the motor vehicle is leased or owned and operated by 22
the governmental unit. The application and statement shall be forwarded by the 23
county clerk to] the cabinet[, which shall give special authority to the clerk to 24
register it]. Upon receiving final approval from the cabinet[that authority], the 25
clerk shall issue a registration receipt and the official license[number] plate 26
described in KRS 186.240[(6), and report the registration to the head of the 27 UNOFFICIAL COPY 24 RS BR 1664
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department authorizing the registration. For his services in issuing such certificate 1
of registration and number plate and reporting the same, the county clerk shall be 2
entitled to a fee of three dollars ($3) in each instance, to be paid by the department 3
upon whose authorization such license was issued]. 4
(2) After the issuance of a license plate under subsection (1) of this section[such 5
registration of any vehicle leased or owned by a county, city, urban-county, or 6
board of education, or emergency and ambulance vehicles operated by nonprofit 7
corporations organized by units of government in the state, or by the state or federal 8
government and after issuance of such number plate for such vehicle so leased or 9
owned], no subsequent registration or renewal[ of same, and no subsequent renewal 10
of a number plate of the vehicle] shall be necessary so long as the vehicle is leased 11
or owned by the governmental unit, except in the case of loss or destruction of the 12
license plate. In the event of loss or destruction of the license plate, the 13
license[number] plate shall be replaced in the same manner as if no plate had ever 14
been issued. 15
(3) When a motor vehicle leased or owned by an entity allowed to use an official plate 16
under this section[a county, city, urban-county, or board of education, or 17
emergency and ambulance vehicles operated by nonprofit corporations organized 18
by units of government in the state, or by the state or federal government] is 19
transferred or sold to another governmental unit, a new license plate shall be issued 20
for the vehicle in the same manner as provided for in subsection (1) of this section 21
and shall have the same effect as given to such license plates in subsection (2) of 22
this section. 23
(4) A[No] person shall not use any license plate that has been issued for use on a 24
motor vehicle leased or owned by a governmental unit on a motor vehicle that is[,] 25
not leased or owned by an entity allowed to use an official plate under this 26
section[a county, city, urban-county, board of education, or emergency and 27 UNOFFICIAL COPY 24 RS BR 1664
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ambulance vehicles operated by nonprofit corporations organized by units of 1
government in the state, or the state or federal government, any license plate that 2
has been issued for use on a motor vehicle leased or owned by the governmental 3
unit]. 4
(5) Notwithstanding the provisions of KRS 186.020 and 186.050, a governmental 5
entity which leases a motor vehicle may have that vehicle equipped with an official 6
plate under this section. Upon termination of the lease agreement, if ownership of 7
the motor vehicle does not revert to an entity allowed to use an official plate under 8
this section, the owner of the motor vehicle shall surrender the official plates and 9
apply for registration under the provisions of KRS 186.050. 10
Section 23. KRS 186.1911 is amended to read as follows: 11
(1) In any instance where a transfer of a motor vehicle is[shall be] accompanied by a 12
certificate of title or registration and the[such] vehicle[: 13
(1) ] has had the vehicle identification number removed,[ or 14
(2) Has had the vehicle identification number] altered,[ or 15
(3) Has had the vehicle identification number] defaced, or[ 16
(4) Has had the vehicle identification number] covered, 17
the owner[ thereof] shall, before delivery of the vehicle to any other person, obtain 18
a replacement vehicle identification number from the manufacturer and affix it to 19
the vehicle at the places specified by the Department of Vehicle Regulation or 20
obtain a Kentucky identification number from the department and affix it to the 21
vehicle at the places specified by the Department of Vehicle Regulation. 22
(2) Each application for a Kentucky identification number from the department shall 23
be assessed a five dollar ($5) fee, which shall be retained by the department to 24
defray the costs of processing, producing, and transmitting the plates to the 25
applicant. 26
Section 24. KRS 186.040 is amended to read as follows: 27 UNOFFICIAL COPY 24 RS BR 1664
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(1) Upon receiving the application and fee, the county clerk shall issue to the owner a 1
certificate of registration containing the information required by subsection (2) of 2
this section and a registration plate. If the cabinet finds that there is a shortage of 3
materials suitable for making plates, or that a substantial saving will result, it may 4
require by administrative regulation promulgated in accordance with KRS 5
Chapter 13A and with the approval of the Governor that the previously issued 6
plates continue to be used for a designated period. Except as provided in subsection 7
(3) of this section and in KRS 186.162, for services performed, the owner shall pay 8
the county clerk the sum of six dollars ($6) for each registration, or if the 9
registration exceeds a twelve (12) month period, the clerk shall receive a fee of nine 10
dollars ($9). 11
(2) The certificate of registration shall contain the registration number, the name and 12
post office address of the owner, and such other information as the cabinet may 13
require. 14
(3) An owner who registers a vehicle under KRS 186.050 that has a declared gross 15
vehicle weight with any towed unit of forty-four thousand and one (44,001) pounds 16
or greater shall pay the county clerk thirty dollars ($30) for each registration. The 17
clerk shall retain the thirty dollar ($30) fee for services performed under this 18
subsection. 19
(4) Any person requesting a certificate of registration or renewal of registration of any 20
type of motor vehicle shall have the opportunity to donate one dollar ($1) to the 21
child care assistance account. The one dollar ($1) donation shall be added to the 22
regular fee for vehicle registration. One (1) donation may be made per issuance or 23
renewal of vehicle registration. Donation to the child care assistance account shall 24
be voluntary and may be refused by the applicant at the time of the issuance or 25
renewal of any vehicle registration. 26
(5) The county clerk may retain five percent (5%) of fees collected for the child care 27 UNOFFICIAL COPY 24 RS BR 1664
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assistance account under subsection (4) of this section. The remaining funds shall 1
be deposited into a trust and agency account in the State Treasury to the credit of 2
the Cabinet for Health and Family Services for the exclusive use as follows: 3
(a) Funds shall be made available to the agencies that administer child care 4
subsidy funds; and 5
(b) Funds shall be used as determined by the cabinet for working families whose 6
income exceeds the state income eligibility limits for child day care 7
assistance. 8
(6) Except as provided in KRS 186.162, in addition to the registration fee provided for 9
county clerks in subsections (1) and (3) of this section, an additional three dollars 10
($3) per registration shall be collected by the county clerk at the time of 11
registration. This additional fee shall be distributed as follows: 12
(a) One dollar ($1) shall be placed in an agency fund to provide additional funds 13
exclusively for technological improvements or replacement of the AVIS 14
system. The operation and maintenance of AVIS shall remain as currently 15
provided for from the operational budget of the Transportation Cabinet and 16
shall not be reduced below the 2005-2006 funding level; 17
(b) One dollar ($1) shall be placed in an agency trust fund to provide funds 18
exclusively for technological improvements to the hardware and software in 19
county clerk offices related to the collection and administration of road fund 20
taxes. The Transportation Cabinet, in consultation with county clerks, shall 21
allocate funds as necessary from this fund to be used for this exclusive 22
purpose; and 23
(c) One dollar ($1) shall be placed in a trust fund to be maintained by the 24
Transportation Cabinet to provide an unrestricted revenue supplement, for 25
operations of the office related to the collection and administration of road 26
fund taxes, to county clerk offices in counties containing a population of less 27 UNOFFICIAL COPY 24 RS BR 1664
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than twenty thousand (20,000), as determined by the decennial census, and for 1
no other purpose. Annually, by March 1, the Transportation Cabinet shall 2
calculate the amount collected in the previous calendar year and distribute the 3
entire fund proportionate to each county that qualifies under this paragraph 4
based on population. This revenue shall be considered current year revenue 5
when paid to the clerk and shall not be identified as excess fees from the 6
previous year. 7
(7) Any motor vehicle registration cancelled for nonrenewal shall be subject to the 8
provisions of KRS 186.181. 9
(8) The owner of a motor vehicle for which the registration has been cancelled under 10
this section shall be subject to a reinstatement fess of forty dollars ($40), payable 11
to the county clerk. The county clerk shall retain twenty dollars ($20) of the 12
reinstatement fee and forward the remaining twenty dollars ($20) to the cabinet. 13
Section 25. KRS 186A.035 is amended to read as follows: 14
(1) All motor vehicles, including motorcycles, with a gross vehicular weight of ten 15
thousand (10,000)[six thousand (6,000)] pounds or less, first registered, or for 16
which the registration is renewed[ in this state on or after January 1, 1983], shall be 17
placed in a system of year-round registration based upon the birth date[month] of 18
the owner, in order to distribute the work of registering motor vehicles as uniformly 19
as practicable throughout the twelve (12) months of the year. 20
(2) (a) If the owner of a motor vehicle is other than an individual, the month in which 21
the owning entity came into being shall be used for purposes of this section. 22
(b) If a motor vehicle is jointly owned, the owners shall indicate to the county 23
clerk the birth date of the primary owner[month of one (1) of them] to be 24
used for purposes of this section. 25
(c) [In addition, ]If a motor vehicle is jointly owned by a married 26
couple[husband and wife], the ownership shall exist as a joint tenancy with 27 UNOFFICIAL COPY 24 RS BR 1664
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right of survivorship, unless the registration expressly states to the contrary 1
and gives an alternative specific status. One (1) of the owners shall indicate 2
to the county clerk his or her birth date to be used for purposes of this 3
section. Upon the death of one (1) of the spouses, the jointly-owned vehicle 4
shall transfer to the surviving spouse free from payment of any state-required 5
transfer[transferral] fees. 6
(3) The certificate of registration and license plate issued for a motor vehicle first 7
registered, renewed, or titled in this state[ on or after January 1, 1983,] shall be 8
valid for twelve (12) consecutive months, unless revoked in accordance with KRS 9
186A.040 or canceled by the cabinet in accordance with KRS Chapter 186 or this 10
chapter[, upon payment of the required fee, for a period beginning on the first day 11
of the month of the year in which registration is applied for, and expiring on the last 12
day of the next birth month of the owner following the month during which 13
registration is applied for. Upon the owner's request, and after payment of the 14
proper prorated fee, an owner may obtain a certificate of registration and license 15
plate valid through the last day of his second birth month following the month and 16
year in which he applied for a certificate of registration]. Any transaction relating to 17
registration or registration renewal which would cause an unexpired Kentucky 18
motor vehicle license plate to be surrendered shall have that unexpired fee prorated 19
or credited against any additional fee required by a subsequent registration. 20
(4) Except for vehicles registered under KRS 186.041, 186.042, and 186.162 that 21
have a specified, universal expiration date, after a motor vehicle has been initially 22
placed in the system of year-round registration, the owner shall renew the 23
registration annually during the owner's birth month, either by making application 24
to the county clerk or on the cabinet's website, and paying the fee required for 25
twelve (12) consecutive months of registration, which shall take effect on the first 26
day of the month succeeding the owner's birth month and shall expire on the last 27 UNOFFICIAL COPY 24 RS BR 1664
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day of the owner's next birth month. The county clerk shall be entitled to a 1
registration fee of two dollars ($2) for each registration[, or if the registration 2
exceeds a twelve (12) month period, the clerk shall receive a fee of three dollars 3
($3)]. 4
(5) At least forty-five (45) days prior to the expiration of the registration of any motor 5
vehicle previously registered in the Commonwealth as provided by subsection (1) 6
of this section, the owner of the vehicle shall be notified by mail or email on the 7
same notice required by KRS 134.805(5) of the date of expiration. Nonreceipt of 8
the notice required by this subsection shall not constitute a defense to any 9
registration-related offense. 10
(6) Any owner who fails to renew the registration of a motor vehicle during the month 11
in which the previous registration expired shall, if he or she applies for renewal of 12
the registration in some later month, pay the same fees that would have been 13
required if the registration had been renewed in the month which the previous 14
registration expired, and, if applicable, the reinstatement fee required under 15
Section 24 of this Act. 16
(7) Fees which must be prorated in carrying out the intent of this section shall be 17
prorated on the basis of twelfths of the annual registration fee. Any vehicle which is 18
registered at any time during a month shall pay the fee required for that whole 19
month plus any additional months of registration purchased consistent with the 20
intent of the section. 21
(8) The county clerk shall ensure that the certificate of registration issued to an owner 22
displays the month and year in which the registration period begins and the month 23
and year of its expiration, and shall issue to the owner a decal or decals 24
corresponding to the month and year of expiration shown in the certificate of 25
registration which shall be placed upon the corresponding license plate by the 26
owner in the manner required by administrative regulations of the Department of 27 UNOFFICIAL COPY 24 RS BR 1664
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Vehicle Regulation. 1
Section 26. KRS 281.720 is amended to read as follows: 2
Except for vehicles operating under a TNC, peer-to-peer, household goods, property, or 3
U-Drive-It certificate, the department shall prescribe and furnish a motor carrier license 4
plate, which shall at all times be displayed on each motor carrier vehicle authorized to be 5
operated under a certificate. A person shall not transfer a motor carrier license plate from 6
one (1) motor vehicle to another, except by the authority and with the consent of the 7
department. 8
Section 27. KRS 138.655 is amended to read as follows: 9
As used in KRS 138.660 to 138.7291 and 138.990(13) and (14), unless the context 10
requires otherwise: 11
(1) "Cabinet" means the Transportation Cabinet; 12
(2) "Person" includes every natural person, fiduciary, association, state or political 13
subdivision, or corporation. Whenever used in any clause describing and imposing 14
imprisonment the term "person" as applied to an association means and includes the 15
partners or members thereof, and as applied to a corporation the officers thereof; 16
(3) "Public highway" means every way or place generally open to the use of the public 17
as a matter of right for the purpose of vehicular travel notwithstanding that it may 18
be temporarily closed or travel thereon restricted for the purpose of construction, 19
maintenance, repair, or reconstruction; also including all city streets, alleys, and any 20
way or place on which a toll is charged for using such way or place; 21
(4) "Motor vehicle" means any vehicle, machine, or mechanical contrivance propelled 22
by an internal combustion engine and licensed for operation and operated upon the 23
public highways and any trailer or semitrailer attached to or having its front end 24
supported by such motor vehicle; 25
(5) "Motor carrier" means every person who operates or causes to be operated on any 26
highway in this state, any bus engaged in hauling passengers for hire operating 27 UNOFFICIAL COPY 24 RS BR 1664
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under a certificate of convenience and necessity and any commercial truck or 1
commercial tractor-trailer combination having a total of two (2) or more axles and a 2
declared gross weight above twenty-six thousand (26,000) pounds. The number of 3
axles shall include not only those axles on the power unit but if a tractor-trailer 4
combination is involved, also those axles on the trailer or semitrailer: 5
(a) "Axle" means any two (2) or more load-carrying wheels mounted in a single 6
transverse vertical plane; 7
(b) "Trailers and semitrailers" are those as defined in KRS 186.650(1) and (2), 8
except that it does not include those trailers defined in KRS 186.650(3) and 9
(4) and those exempted from regulation under KRS 186.675. The term "motor 10
carrier" shall not mean or shall not include any person operating or causing to 11
be operated a city bus; 12
(c) "Commercial" refers to any activity for business purposes; and 13
(d) For the purposes of KRS 138.660(3) motor carriers, trailers, and semitrailers 14
shall not mean a farm vehicle as defined in KRS 186.050(4) or under another 15
jurisdiction's law as a farm vehicle; 16
(6)[ "City bus" means any motor vehicle used for the transportation of persons for hire 17
exclusively within the limits of any city or within ten (10) miles of its limits over a 18
regular route and exclusively within the boundaries of this state; 19
(7)] "Heavy equipment motor carrier" means any person who operates on the public 20
highways of this state as a "motor carrier" as defined in subsection (5) of this 21
section, except that it shall not include motor vehicles used to transport persons for 22
hire; 23
(7)[(8)] "Trip permit" means a permit for the operating during a ten (10) consecutive 24
day period of any motor vehicle of any "heavy equipment motor carrier" not 25
licensed under KRS 138.665; 26
(8)[(9)] "Licensee" means for purposes of KRS 138.660 to 138.7291 any person who 27 UNOFFICIAL COPY 24 RS BR 1664
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has been granted a license as a "motor carrier" or a "heavy equipment motor 1
carrier," or any motor vehicle in which a valid trip permit is carried; 2
(9)[(10)] "Use" means the consumption of gasoline and special fuels in propelling 3
motor vehicles on the public highways; 4
(10)[(11)] "Gasoline" has the same meaning as in KRS 138.210; 5
(11)[(12)] "Special fuels" means and includes all combustible gases and liquids used for 6
the generation of power in an internal combustion engine to propel vehicles of any 7
kind upon the public highways, except that it does not include gasoline; 8
(12)[(13)] "Quarterly" for the purposes of KRS 138.660 to 138.7291 means a calendar 9
quarter; and 10
(13)[(14)] "Combined licensed weight" shall mean the greater of: 11
(a) The declared combined maximum gross weight of the vehicle and any towed 12
unit for registration purposes for the current registration period; or 13
(b) The highest actual combined gross weight of the vehicle and any towed unit 14
when operated on the public highways of the state during the current 15
registration period. 16
Section 28. KRS 138.665 is amended to read as follows: 17
(1) (a) Except as provided in paragraph (b) of this subsection, a license shall be 18
required of each motor carrier or heavy equipment motor carrier subject to the 19
provisions of KRS 138.660 before he or she uses or continues to use the 20
public highways of this state. 21
(b) [Notwithstanding the requirement in subsection (1)(a), the cabinet may issue a 22
trip permit for each motor vehicle subject to KRS 138.660(1) for a fee of 23
twenty dollars ($20) for each permit. ]If the vehicle is subject to those taxes in 24
KRS 138.660(1) to (3), the cabinet may issue a trip permit for each motor 25
vehicle for a fee of forty dollars ($40) for each permit. 26
(2) Application for a license or trip permit shall be made to the cabinet by using the 27 UNOFFICIAL COPY 24 RS BR 1664
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motor carrier portal[and shall contain such information as the cabinet deems 1
necessary]. 2
(3) (a) Except as provided for in paragraph (b) of this subsection, if an[The] 3
application in proper form has[having] been accepted for filing[, the bond, if 4
required, having been accepted] and approved, and the other conditions and 5
requirements of this section have[having] been complied with, the cabinet 6
shall issue a license. 7
(b) The cabinet may refuse to issue a license: 8
1. To[However, If an application for a license is filed by] any person 9
whose license has, at any time previously, been revoked for cause by the 10
cabinet;[,] or 11
2. If the cabinet is of the opinion that; 12
a. The person who made[makes] the application did[does] so as a 13
subterfuge for the real party in interest whose license, prior to the 14
time of filing the application, has been revoked for cause;[,] or 15
b. That the application is not for any other reason filed in good faith 16
or is not sufficient cause[, the cabinet may, after a hearing of 17
which the applicant shall be given ten (10) days' notice in writing 18
and in which he shall have the right to appear in person or by 19
counsel and present testimony, refuse to issue a license to that 20
person]. 21
(4) All licenses shall be valid and remain in full force and effect until suspended or 22
revoked for cause or otherwise canceled. 23
(5) A license shall not be assignable or transferable and shall be valid only for the 24
person in whose name it is issued. 25
(6) [The cabinet shall keep and file all applications and bonds, with an alphabetical 26
index thereof. 27 UNOFFICIAL COPY 24 RS BR 1664
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(7) Each holder of a license required by subsection (1) shall display his license number 1
or other identification on or in each vehicle subject to the taxes imposed by KRS 2
138.655 to 138.7291 in the manner prescribed by the cabinet. ]The cabinet may 3
require the license number or other identifier to be displayed so that it can be 4
readily recorded either manually or electronically by cabinet representatives. In 5
addition, the cabinet may require each individual unit in the license holder's fleet of 6
vehicles subject to these taxes to be uniquely identified. 7
(7)[(8)] The provisions of this section shall not apply to a nonresident motor carrier 8
engaged in transporting passengers for hire in irregular route interstate charter or 9
special operations, provided reciprocal privileges are granted to similar nonresident 10
carriers by the laws and regulations of his state. 11
Section 29. KRS 138.675 is amended to read as follows: 12
(1) If a licensee at any time files a false quarterly report of the information required or 13
fails or refuses to file the quarterly report or to pay the full amount of the tax or 14
violates any other provisions of KRS 138.655 to 138.725, inclusive, without a 15
showing that such failure was due to reasonable cause, the cabinet may cancel his 16
or her license. 17
(2) Upon voluntary surrender of the license certificate or upon receipt of a written 18
request by a licensee, the cabinet may cancel his or her license, effective sixty (60) 19
days from the date of the request, but no such license shall be canceled upon 20
surrender or request unless the licensee has, prior to the date of cancellation, paid to 21
this state all taxes, penalties, interest and fines that are due or have accrued, and 22
unless the licensee has surrendered to the cabinet his or her license certificate. 23
(3) [If upon investigation the cabinet ascertains that any motor carrier or heavy 24
equipment motor carrier to whom a license has been issued is no longer engaged as 25
such and has not been so engaged for a period of six (6) months, the cabinet may 26
cancel such license by giving the motor carrier or heavy equipment motor carrier 27 UNOFFICIAL COPY 24 RS BR 1664
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sixty (60) days' notice of cancellation mailed to his last known address in which 1
event the license certificate shall be surrendered to the cabinet. 2
(4) ]Whenever a licensee ceases to engage in business within this state, he or she shall 3
notify the cabinet in writing within fifteen (15) days after discontinuance. All taxes 4
that have accrued under KRS 138.655 to 138.725, inclusive, whether or not then 5
due, shall become due and payable concurrently with such discontinuance. The 6
licensee shall make a report and pay all such taxes and any interest and penalties 7
thereon, and shall surrender to the cabinet his license certificate. 8
(4)[(5)] If the license of a motor carrier or heavy equipment motor carrier is canceled 9
by the cabinet as provided in this section and if the licensee has paid to this state all 10
of the taxes, interest and penalties due under KRS 138.655 to 138.725 and 11
138.990(13) and (14), the cabinet shall cancel the bond filed by the licensee. 12
Section 30. KRS 138.680 is amended to read as follows: 13
(1) Every licensee shall maintain complete records on all motor vehicles, by type, 14
operating on Kentucky highways, weight and number of axles, mileage records and 15
records of all purchases, use, and other dispositions of gasoline and special fuels. 16
Such records, together with manifests of lading, invoices, and other papers 17
pertaining to gasoline or special fuels consumption, shall be retained for a period of 18
five (5) years[,] and shall be made available to the Transportation Cabinet upon 19
request for examination. 20
(2) If any licensee fails or refuses upon[ written] request to furnish any information to 21
the Transportation Cabinet concerning an audit, assessment, or verification of tax 22
information, the cabinet may make an estimate of the licensee's tax due and issue an 23
assessment against the licensee based upon the estimated tax due. Such assessment 24
may be used by the cabinet in any legal proceeding for collection of the tax. The 25
cabinet may, at any subsequent proceeding, require the taxpayer to file any reports 26
or additional information it deems necessary. 27 UNOFFICIAL COPY 24 RS BR 1664
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Section 31. KRS 138.685 is amended to read as follows: 1
(1) Every licensee shall file a quarterly tax return and pay any taxes due using the 2
motor carrier portal[with the cabinet, in the format prescribed by the cabinet, a 3
quarterly tax return]. The return shall be made under penalty of perjury and shall 4
show such information as the cabinet may require. 5
(2) The licensee shall file the return required under this section on or before the last 6
day of the next succeeding calendar month following the quarterly period to which 7
it relates. 8
[(2) The quarterly tax return shall be accompanied by a remittance covering the tax 9
due.] 10
Section 32. KRS 138.710 is amended to read as follows: 11
(1) The payments due from returns[reports] required by KRS 138.685 shall be made 12
by credit card, debit card, or[accompanied by a certified,] electronic fund 13
transfer[, or cashier's check payable to the State Treasurer] for the amount of tax 14
due for the preceding calendar quarter computed as provided in KRS 138.690[, 15
except that the cabinet may waive this requirement and accept the check of the 16
licensee if he is of sound financial condition and has established a good record of 17
compliance with the requirements of KRS 138.655 to 138.725, inclusive]. 18
(2) [The Transportation Cabinet may promulgate administrative regulations providing 19
for the payment by credit card of any tax or fee that it collects. The administrative 20
regulation may require the]A payee shall be required to add to his or her tax or 21
fee[,] the administrative charge of the financial institution. 22
Section 33. KRS 138.715 is amended to read as follows: 23
(1) If any licensee neglects or refuses to make the return or pay the tax at the time 24
provided in KRS 138.685, a penalty of twenty percent (20%) of the tax and interest 25
at the tax interest rate as defined in KRS 131.010(6) from the date when due shall 26
be paid on the tax. 27 UNOFFICIAL COPY 24 RS BR 1664
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(2) If any licensee subject to the penalty provided in subsection (1) of this section 1
submits to the department in writing the reasons for failure to comply with KRS 2
138.660 to 138.7291 and if the department finds the reasons sufficient evidence or 3
justifiable cause for modifying the penalty provided in subsection (1) of this 4
section, it may modify the penalty enacted therein to five percent (5%) of the 5
amount of the tax due and delinquent, provided the five percent (5%) penalty may 6
be reduced to one percent (1%) if the violation is the first violation by the taxpayer 7
within the twelve (12) months. 8
(3) If the penalties provided by this section are collected by proceedings in court, an 9
additional penalty of twenty percent (20%) shall be collected and distributed as is 10
authorized by KRS 134.552. Whenever any licensee neglects or refuses to make 11
and file any report for any calendar quarter as required by KRS 138.685, or files an 12
incorrect or fraudulent report, the department shall determine after an investigation 13
the amount of the liability which the licensee has incurred under KRS 138.660 to 14
138.7291 for any particular quarter and assess and collect the amount of tax and 15
penalties due. 16
(4) Any licensee who fails to make any report required under the provisions of KRS 17
138.660 to 138.7291 within the time allowed shall[may] be required to pay a 18
penalty of five hundred dollars ($500) for any offense. The penalty is to be assessed 19
and collected in the manner provided for the assessment and collection of taxes, or 20
the licensee may be proceeded against in a civil action instigated by the department. 21
In addition, such licensee may be compelled to make the required return. 22
(5) In any action for the collection of taxes due under KRS 138.660 to 138.7291 and 23
any penalties or interest imposed in connection therewith, an assessment by the 24
department of the amount of tax due and the interest or penalties due to the state 25
shall constitute prima facie evidence of the claim of the state and the burden of 26
proof shall be on the licensee to show that the assessment was incorrect or contrary 27 UNOFFICIAL COPY 24 RS BR 1664
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to law. 1
Section 34. KRS 281.752 is amended to read as follows: 2
For motor carriers and heavy equipment motor carriers as defined under KRS 3
138.655[(5) and (7)] and for the purposes of tax collection, the department may charge a 4
fee of ten dollars ($10) in each instance for the issuance of such identifying plates, decals, 5
cards, signs, or papers[,] for the identification of motor vehicles[,] operated within the 6
state. 7
Section 35. KRS 138.513 is amended to read as follows: 8
(1) (a) Beginning August 1, 2014, but before August 1, 2022, an excise tax is 9
imposed on all advance deposit account wagering licensees licensed under 10
KRS 230.260 at a rate of one-half of one percent (0.5%) of all amounts 11
wagered through the licensee by Kentucky residents; and 12
(b) Beginning August 1, 2022, an excise tax is imposed on all advance deposit 13
account wagering licensees licensed under KRS 230.260[138.675] at a rate of 14
one and one-half percent (1.5%) of all amounts wagered through the licensee 15
by Kentucky residents. 16
(2) The tax imposed by this section shall be paid, collected, administered, and 17
distributed as provided in KRS 138.530. 18
Section 36. KRS 174.990 is amended to read as follows: 19
[(1) ]Any person who willfully hauls, transports, or causes to be transported any 20
hazardous material into, out of, within, or through the Commonwealth in violation of the 21
provisions of KRS 174.400 to 174.425, or contrary to an order, or regulation issued or 22
promulgated under KRS 174.400 to 174.425, shall be fined not less than two hundred 23
fifty dollars ($250) nor more than twenty-five thousand dollars ($25,000), for each day of 24
violation. 25
[(2) Any person who operates a vehicle which transports municipal solid waste in 26
violation of KRS 174.450 and administrative regulations promulgated by the 27 UNOFFICIAL COPY 24 RS BR 1664
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cabinet pursuant to KRS 174.450 shall be fined not less than one hundred dollars 1
($100) nor more than one thousand dollars ($1,000) for each day of violation.] 2
Section 37. KRS 224.43-350 is amended to read as follows: 3
(1) In addition to its other powers, the cabinet may suspend the authority of a municipal 4
solid waste management facility to accept waste streams upon any of the following 5
grounds: 6
(a) The cabinet finds that any shipment of waste contains waste excluded by law 7
from municipal solid waste disposal facilities in the Commonwealth; 8
(b) Any part of the waste streams in question are being transported by 9
transporters whose vehicles and drivers do not comply with the provisions of 10
KRS Chapters 281 or 281A[who are not registered or certified in the 11
Commonwealth in accordance with KRS 174.450]. 12
(2) The suspension described in subsection (1) of this section shall terminate upon the 13
cabinet's determination that the basis for the suspension has been corrected. 14
Section 38. The following KRS sections are repealed: 15
174.450 License to operate a municipal solid waste transportation vehicle -- Application 16
procedures -- Placard for display -- Exemption -- Registration fees. 17
281A.310 Commercial driver's licenses and permits for nonresidents enrolled in 18
instruction programs. 19