KRS § 186.4123 — KY Code / Title XVI / Chapter 186 / Section 186.4123
186.4123 Personal identification card application for non-United States citizen or permanent resident -- Photograph -- Scanning of application documents -- Proof of residency -- Applicant without fixed residence -- Immigration documentation -- Immigration status and personal identity verification -- Term of identification card
Status: in_force

186.4123 Personal identification card application for non-United States citizen or

permanent resident -- Photograph -- Scanning of application documents --

Proof of residency -- Applicant without fixed residence -- Immigration

documentation -- Immigration status and personal identity verification --

Term of identification card.

(1) As used in this section, "applicant" means a person who:

(a) Is not a United States citizen;

(b) Has not been granted status as a permanent resident of the United States; and

(c) Does not meet the minimum requirements for federal recognition in Section

202 of the REAL ID ACT of 2005, as amended, in 49 U.S.C. sec. 30301 note,

and has not been admitted to the United States as a nonimmigrant pursuant to

a compact of free association between the United States and the Republic of

the Marshall Islands, the Republic of Palau, or the Federated States of

Micronesia.

(2) The Transportation Cabinet shall issue a personal identification card to an applicant

who:

(a) Is a Kentucky resident;

(b) Applies in person to either the Transportation Cabinet in Frankfort or a

Transportation Cabinet field office; and

(c) Complies with the provisions of this section.

(3) Upon application for a personal identification card under this section, the cabinet

shall capture a photograph of the applicant in accordance with KRS 186.4102(1).

(4) The cabinet shall electronically scan the documents required for application under

this section, supporting documents, and the photograph of the applicant into the

cabinet's database.

(5) (a) An application for a personal identification card shall be accompanied by the

same information as is required for an operator's license under KRS 186.412,

along with other documents required under this section, except if an applicant

does not have an established and fixed nighttime residence of regular return,

the applicant may:

1. Until July 1, 2025, use as proof of residency a signed letter from a

homeless shelter, health care facility, or social service agency currently

providing the applicant treatment or services and attesting that the

applicant is a resident of Kentucky; or

2. On or after July 1, 2025, follow the procedures outlined in KRS

186.412(3).

(b) An applicant who does not have an established and fixed nighttime residence

of regular return shall not be issued a voluntary travel ID personal

identification card.

(c) It shall be permissible for the application form for a personal identification

card to include as an applicant's most current resident address a mailing

address or an address provided on a voter registration card.

(d) If the applicant is not the legal owner or possessor of the address provided on

the application form, the applicant shall swear that he or she has permission

from the legal owner, authorized agent for the legal owner, or possessor to use

the address for purposes of obtaining the personal identification card.

(6) The application form under this section shall be accompanied by the applicant's

documentation issued by the United States Department of Homeland Security,

United States Bureau of Citizenship and Immigration Services, authorizing the

applicant to be in the United States. The Transportation Cabinet shall verify the

information submitted under this subsection through the Systematic Alien

Verification for Entitlements (SAVE) program.

(7) The application form of a special status individual with a K-1 status shall be

accompanied by an original or certified copy of the applicant's completed marriage

license signed by the official who presided over the marriage ceremony and two (2)

witnesses. The application form of a special status individual with a K-1 status shall

also include the applicant's petition to enter the United States for the purpose of

marriage that contains the name of the prospective spouse. If the name of the

prospective spouse on the petition does not match the name of the spouse on the

marriage license, the Transportation Cabinet shall not be required to issue an

operator's license.

(8) (a) The Transportation Cabinet shall verify and validate the immigration status

and personal identity of an applicant under this section through federal

government systems and databases.

(b) If an applicant's identity and immigration status is validated, the cabinet shall

capture a photograph of the applicant, scan the required documents into the

cabinet's database, and present the applicant with a temporary personal

identification card, which shall be valid for thirty (30) days until a permanent

personal identification card is mailed to the applicant.

(c) An applicant under this section shall only be issued a standard personal

identification card.

(9) (a) An applicant shall apply to renew a personal identification card, or obtain a

duplicate personal identification card, at the Transportation Cabinet in

Frankfort or a Transportation Cabinet field office.

(b) If a person has any type of change in his or her immigration status, the person

shall apply to update with either the Transportation Cabinet in Frankfort or a

Transportation Cabinet field office within ten (10) days.

(10) (a) Every applicant for a personal identification card under this section shall

swear an oath to the Transportation Cabinet as to the truthfulness of the

statements contained on the application form.

(b) A personal identification card may be suspended or revoked if the person who

was issued the card presents false or misleading information to the cabinet

when applying for the card.

(11) (a) Except as provided in paragraph (b) of this subsection, an initial or renewal

personal identification card issued to an applicant who is not a special status

individual shall be valid for a period equal to the length of time the applicant's

documentation from the United States Department of Homeland Security,

United States Bureau of Citizenship and Immigration Services, is valid, or

eight (8) years, whichever time period is shorter.

(b) A personal identification card shall be valid for a period of one (1) year if:

1. The applicant is not a special status individual and the applicant's

documentation issued by the United States Department of Homeland

Security, United States Bureau of Citizenship and Immigration Services,

is issued for an indefinite period of time and does not have an expiration

date. The fee shall be the same as for a regular personal identification

card; or

2. The personal identification card is issued to a person who does not have

an established and fixed nighttime residence of regular return.