Title 601 | Chapter 012 | Regulation 080
SUPERSEDED
This document is no longer current.
TRANSPORTATION CABINET
Department of Vehicle Regulation
Division of Drivers Licensing
(New Administrative Regulation)
601 KAR 12:080.Drivers license or personal ID renewal or replacement for persons without an established and fixed nighttime residence.
Section 1.
Definitions.(1)
"Homeless individual" means a person at least eighteen (18) years of age who lacks a fixed, regular, and nighttime residence.(2)
"Homeless youth" is defined by 42 U.S.C. § 11434a(2) and KRS 186.4122.Section 2.
Procedures for renewing an Operator's License, Duplicate Operator's License or Personal Identification Card.(1)
All applicants who meet the definition of homeless individual shall complete form TC 94-199 to renew an operator's license, receive a duplicate operator's license, or to receive an initial, renewal, or duplicate personal identification card. This form shall not be used for issuance of an initial operator's license.(2)
All applicants who meet the definition of homeless youth and who are between the ages of sixteen (16) and seventeen (17) years old but younger than eighteen (18) years of age, shall complete Form TC94-198 to receive a personal identification card.Section 3.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"TC94-198", October 2023; and(b)
"TC94-199", September 2023.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Driver Licensing, 2nd Floor, Transportation Cabinet Office Building, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.(3)
This material is also available on Transportation Cabinet's Web site at https://transportation.ky.gov/Organizational-Resources/Pages/Forms-Library-(TC-94).aspx.JIM GRAY, Secretary
MATTHEW COLE, Commissioner
APPROVED BY AGENCY: December 13, 2023
FILED WITH LRC: December 15, 2023 at 11:20 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Wednesday, February 21, 2024, at 10:00 a.m. EST, at the Kentucky Transportation Cabinet, 200 Mero Street, Frankfort, Kentucky 40622. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) working days prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through February 29, 2024. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person below.
CONTACT PERSON: Jon Johnson, Staff Attorney Manager/Assistant General Counsel, Transportation Cabinet, Office of Legal Services, 200 Mero Street, Frankfort, Kentucky 40622, phone (502) 782-8180, fax (502) 564-5238, email Jon.Johnson@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jon Johnson
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation establishes procedures whereby an applicant for a renewal or duplicate operator's license or an applicant for an initial, renewal, or duplicate personal identification card, who does not have an established and fixed nighttime residence of regular return may use a service providers address as proof of residency. It establishes procedures for a homeless youth who is at least sixteen (16) years of age but less than eighteen (18) years of age to obtain a personal identification card without a signature of a parent or guardian.
(b) The necessity of this administrative regulation:
This regulation is needed to provide persons experiencing homelessness a means by which to obtain a credential.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This regulation established the minimum standards needed to achieve the intent of KRS 186.412 and KRS 186.4122.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation establishes forms as set out in KRS 186.412 and KRS 186.4122 for persons experiencing homelessness to complete in order to obtain a credential.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
N/A
(b) The necessity of the amendment to this administrative regulation:
N/A
(c) How the amendment conforms to the content of the authorizing statutes:
N/A
(d) How the amendment will assist in the effective administration of the statutes:
N/A
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation would impact organizations that serve the homeless population, including the coalition for the homeless. As of January 2020, the US Department of Housing and Urban Development (HUD) estimated that on any given day, Kentucky has 4,011 people experiencing homelessness.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Agencies currently providing services to the homeless population to assist then with obtaining a homeless ID, would complete the TC 94-199 instead of writing a letter on behalf of the homeless person.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There is no cost associated with this administrative regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Compliance with this administrative regulation will allow prompt notice of missing persons to be distributed to all electronic message boards on Kentucky interstates and parkways.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There is no cost associated with implementing this administrative regulation.
(b) On a continuing basis:
There is no cost associated with implementing this administrative regulation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
There is no cost associated with implementing this administrative regulation, therefore there is no source of the funding to be used for the implementation and enforcement of this administrative regulation.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There is no cost associated with implementing this administrative regulation, therefore there is no need for an increase in fees or funding in order to implement this administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish any fees or directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
No tiering is required.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
Kentucky State Police and KSP sub-grantees; Kentucky Transportation Cabinet, Department of Vehicle Regulation, Division of Motor Carriers; Environmental and Public Protection Cabinet; the Cabinet for Health and Family Services
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 186.412, KRS 186.4122, 49 C.F.R. (1978)
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation. This administrative regulation should cause no effect on the expenditures and revenues of a state or local government agency.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation is not expected to generate revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation is not expected to generate revenue.
(c) How much will it cost to administer this program for the first year?
This administrative regulation is not expected to generate costs.
(d) How much will it cost to administer this program for subsequent years?
This administrative regulation is not expected to generate costs.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
No revenues will be generated by this program.
Expenditures (+/-):
No expenditures will be generated by this program.
Other Explanation:
n/a
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
(c) How much will it cost the regulated entities for the first year?
(d) How much will it cost the regulated entities for subsequent years?
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)]
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
: N/A
(2) State compliance standards.
: N/A
(3) Minimum or uniform standards contained in the federal mandate.
: N/A
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
N/A
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
TRANSPORTATION CABINET
Department of Vehicle Regulation
Division of Drivers Licensing
(New Administrative Regulation)
601 KAR 12:080.Drivers license or personal ID renewal or replacement for persons without an established and fixed nighttime residence.
Section 1.
Definitions.(1)
"Homeless individual" means a person at least eighteen (18) years of age who lacks a fixed, regular, and nighttime residence.(2)
"Homeless youth" is defined by 42 U.S.C. § 11434a(2) and KRS 186.4122.Section 2.
Procedures for renewing an Operator's License, Duplicate Operator's License or Personal Identification Card.(1)
All applicants who meet the definition of homeless individual shall complete form TC 94-199 to renew an operator's license, receive a duplicate operator's license, or to receive an initial, renewal, or duplicate personal identification card. This form shall not be used for issuance of an initial operator's license.(2)
All applicants who meet the definition of homeless youth and who are between the ages of sixteen (16) and seventeen (17) years old but younger than eighteen (18) years of age, shall complete Form TC94-198 to receive a personal identification card.Section 3.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"TC94-198", October 2023; and(b)
"TC94-199", September 2023.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Driver Licensing, 2nd Floor, Transportation Cabinet Office Building, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.(3)
This material is also available on Transportation Cabinet's Web site at https://transportation.ky.gov/Organizational-Resources/Pages/Forms-Library-(TC-94).aspx.JIM GRAY, Secretary
MATTHEW COLE, Commissioner
APPROVED BY AGENCY: December 13, 2023
FILED WITH LRC: December 15, 2023 at 11:20 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Wednesday, February 21, 2024, at 10:00 a.m. EST, at the Kentucky Transportation Cabinet, 200 Mero Street, Frankfort, Kentucky 40622. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) working days prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through February 29, 2024. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person below.
CONTACT PERSON: Jon Johnson, Staff Attorney Manager/Assistant General Counsel, Transportation Cabinet, Office of Legal Services, 200 Mero Street, Frankfort, Kentucky 40622, phone (502) 782-8180, fax (502) 564-5238, email Jon.Johnson@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jon Johnson
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation establishes procedures whereby an applicant for a renewal or duplicate operator's license or an applicant for an initial, renewal, or duplicate personal identification card, who does not have an established and fixed nighttime residence of regular return may use a service providers address as proof of residency. It establishes procedures for a homeless youth who is at least sixteen (16) years of age but less than eighteen (18) years of age to obtain a personal identification card without a signature of a parent or guardian.
(b) The necessity of this administrative regulation:
This regulation is needed to provide persons experiencing homelessness a means by which to obtain a credential.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This regulation established the minimum standards needed to achieve the intent of KRS 186.412 and KRS 186.4122.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation establishes forms as set out in KRS 186.412 and KRS 186.4122 for persons experiencing homelessness to complete in order to obtain a credential.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
N/A
(b) The necessity of the amendment to this administrative regulation:
N/A
(c) How the amendment conforms to the content of the authorizing statutes:
N/A
(d) How the amendment will assist in the effective administration of the statutes:
N/A
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation would impact organizations that serve the homeless population, including the coalition for the homeless. As of January 2020, the US Department of Housing and Urban Development (HUD) estimated that on any given day, Kentucky has 4,011 people experiencing homelessness.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Agencies currently providing services to the homeless population to assist then with obtaining a homeless ID, would complete the TC 94-199 instead of writing a letter on behalf of the homeless person.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There is no cost associated with this administrative regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Compliance with this administrative regulation will allow prompt notice of missing persons to be distributed to all electronic message boards on Kentucky interstates and parkways.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There is no cost associated with implementing this administrative regulation.
(b) On a continuing basis:
There is no cost associated with implementing this administrative regulation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
There is no cost associated with implementing this administrative regulation, therefore there is no source of the funding to be used for the implementation and enforcement of this administrative regulation.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There is no cost associated with implementing this administrative regulation, therefore there is no need for an increase in fees or funding in order to implement this administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish any fees or directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
No tiering is required.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
Kentucky State Police and KSP sub-grantees; Kentucky Transportation Cabinet, Department of Vehicle Regulation, Division of Motor Carriers; Environmental and Public Protection Cabinet; the Cabinet for Health and Family Services
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 186.412, KRS 186.4122, 49 C.F.R. (1978)
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation. This administrative regulation should cause no effect on the expenditures and revenues of a state or local government agency.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation is not expected to generate revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation is not expected to generate revenue.
(c) How much will it cost to administer this program for the first year?
This administrative regulation is not expected to generate costs.
(d) How much will it cost to administer this program for subsequent years?
This administrative regulation is not expected to generate costs.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
No revenues will be generated by this program.
Expenditures (+/-):
No expenditures will be generated by this program.
Other Explanation:
n/a
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
(c) How much will it cost the regulated entities for the first year?
(d) How much will it cost the regulated entities for subsequent years?
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)]
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
: N/A
(2) State compliance standards.
: N/A
(3) Minimum or uniform standards contained in the federal mandate.
: N/A
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
N/A
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.