HB 453 — AN ACT relating to identity documents, making an appropriation therefor, and declaring an emergency.
Last action — signed by Governor Acts ch. 51)
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 19, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
1644 added · 1614 removed1644 line(s) added, 1614 removed.
UNOFFICIAL COPY 20 RS BRHB 1247453/GA AN ACT relating to identity documents, making an appropriation therefor, and declaring an emergency.
Page 1 of 6667 BR124700.100HB045310.100 - 1247 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 1247453/GA (1) Every person except those exempted by KRS 186.420 and 186.430 shall, before operating a motor vehicle, motorcycle, or moped upon a highway, secure an operator's license as provided in this chapter.
(5) [If, for any reason, a person fails to successfully complete the required driver Page 2 of 6667 BR124700.100HB045310.100 - 1247 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 1247453/GA training pursuant to subsection (4) of this section within one (1) year of being issued an operator's license, the Transportation Cabinet shall enroll the person in state traffic school and cancel or suspend the operator's driving privileges until the person completes state traffic school.
(1) Except as provided in subsection (9) of this section, the Transportation Cabinet Page 3 of 6667 BR124700.100HB045310.100 - 1247 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 1247453/GA shall issue operator's licenses and personal identification cards bearing a photograph of the applicant and other information the cabinet may deem appropriate to qualified applicants under this chapter.
If a person who has made a declaration under Page 4 of 6667 BR124700.100HB045310.100 - 1247 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 1247453/GA this subsection wishes to rescind that declaration, the person shall notify the Kentucky Circuit Court Clerks' Trust for Life, which shall remove the notation from his or her records.
The Transportation Cabinet shall promulgate administrative regulations pursuant to KRS Chapter 13A to establish the criteria and requirements for obtaining an operator's license, instruction permit, or Page 5 of 6667 BR124700.100HB045310.100 - 1247 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 1247453/GA personal identification card without a photograph.
(2) Any person who has a seizure condition who cannot present the certification that his or her condition is controlled by drugs or a statement that he or she has been seizure-free for ninety (90) days shall be notified in writing by the cabinet that the person's privilege to operate a motor vehicle is withdrawn and of his or her right to have an informal hearing on the matter of whether he or she is an unsafe driver as a Page 6 of 6667 BR124700.100HB045310.100 - 1247 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 1247453/GA result of having the seizure condition.
(2) An applicant shall apply for an instruction permit or operator's license with the Transportation Cabinet[in the office of the circuit clerk of the county where the Page 7 of 6667 BR124700.100HB045310.100 - 1247 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 1247453/GA applicant lives], or through alternative technology.
Page 8 of 6667 BR124700.100HB045310.100 - 1247 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 1247453/GA Employment authorized." (4) Upon application for an operator's license under this section, the cabinet[circuit clerk] shall capture a photograph of the applicant in accordance with the requirements of KRS 186.4102(1).
(1) As used in this section, "applicant" means a person who is a citizen or permanent Page 9 of 6667 BR124700.100HB045310.100 - 1247 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 1247453/GA resident of the United States.
Page 10 of 6667 BR124700.100HB045310.100 - 1247 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 1247453/GA (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, except if an applicant does not have a fixed, permanent address, the applicant may 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.
(8) (a) An applicant may be issued a personal identification card if the applicant currently holds a valid Kentucky instruction permit or operator's license, Page 11 of 6667 BR124700.100HB045310.100 - 1247 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 1247453/GA except that a person shall not hold more than one (1) license or personal identification card that is a voluntary travel ID identity document which indicates that it meets the requirements for federal identification under Pub.
If there is no photo on file, the license shall be issued without a photograph and shall show in the space provided for the photograph the legend "valid without photo and signature." Page 12 of 6667 BR124700.100HB045310.100 - 1247 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 1247453/GA (3) (a) 1.
(4) (a) Any person who served in the active Armed Forces of the United States, including the Coast Guard, and any member of the National Guard or Reserve Component who completed the member's term of service and was released, separated, discharged, or retired therefrom under either an honorable Page 13 of 6667 BR124700.100HB045310.100 - 1247 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 1247453/GA discharge or a general under honorable conditions discharge may, at the time of initial application or application for renewal or duplicate, request that an operator's license or a personal identification card issued under this chapter bear the word "veteran" on the face or the back of the license or personal identification card.
Prior to obtaining a designation requested under this subsection, the applicant shall present the cabinet[circuit clerk] with an original or copy of his or her DD-214,Veteran DD-2,Identification Card or Veteran Health Identification Card issued by the United States Department of Veterans Affairs, or a DD-214,[ DD-2,] DD-256, DD-257, or NGB-22 form as proof of veteran status.
Page 14 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA 1.
Full legal name, subject to the information available to the Kentucky Department of Corrections or a Federal Bureau of Prisons facility Page 14 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 located in Kentucky;
Page 15 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA 5.
Page 15 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 (5) The offender shall present the documentation identified in subsection (2) or (4) of this section to the cabinet[circuit clerk] within thirty (30) calendar days from the date of the release letter and shall be responsible for paying the fee for the personal identification card or operator's license pursuant to KRS 186.531.
(8) The Transportation Cabinet may enter into an agreement with the Kentucky Department of Corrections, the United States Probation Office, or the Federal Page 16 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA Bureau of Prisons to use a mobile unit to begin the issuance process in this section.
Page 16 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 (1) The Transportation Cabinet shall implement a voluntary statewide child identification program.
Page 17 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA (4) A child identification card issued under this section shall contain the child's name and the toll-free number of the Kentucky missing persons clearinghouse, Page 17 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 Department of Kentucky State Police.
Page 18 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA (1) In addition to the information required under KRS 186.412, 186.4121, 186.4122, and 186.4123, an applicant for a voluntary travel ID instruction permit, operator's Page 18 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 license, or personal identification card under KRS 186.403 shall present two (2) of the following documents upon application or renewal that show the name and physical residential address of the applicant:
(2) Any of the documents described in subsection (1) of this section that contains the name of the spouse of the applicant, together with a certified copy of the applicant's Page 19 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA marriage license or marriage certificate, shall be considered acceptable documentation of proof of residence under subsection (1) of this section.
Page 19 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 (3) The Transportation Cabinet may promulgate administrative regulations under KRS Chapter 13A to identify additional documentation that would satisfy the proof of residence requirement under this section.
Page 20 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA (h) Has approved deferred action status;
or (i) Has a pending application for adjustment of status to that of an alien lawfully Page 20 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 admitted for permanent residence in the United States or conditional permanent resident status in the United States.
Page 21 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA Section 13.
Page 21 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 (1) Any person who is not a resident of Kentucky;
Page 22 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA (11) Any person who has not filed a correct and complete application attested to in the presence of a person authorized to administer oaths;
Page 22 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 (12) Any person who cannot meet the requirements set forth in KRS 186.411(1) or (3);
(2) If the person's operator's license or driving privilege is currently suspended or revoked in another licensing jurisdiction for a traffic offense where the conviction for the offense is less than five (5) years old, the Transportation Cabinet shall not issue the person an initial or renewal Kentucky operator's license until the person Page 23 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA resolves the matter in the other licensing jurisdiction and complies with the provisions of this chapter.
Page 23 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 (3) A person whose operator's license has been suspended or revoked in another licensing jurisdiction, or the holder of a Kentucky operator's license whose driving privileges have been suspended in another licensing jurisdiction, may be issued a Kentucky license, or may renew a Kentucky license if:
(5) A person issued a Kentucky operator's license in accordance with subsection (3) of this section shall be issued an operator's license marked "Valid in Kentucky Only" Page 24 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA and shall sign a statement that the person understands that he or she may be subject to arrest and detention if stopped by a law enforcement officer in another state while Page 24 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 operating a motor vehicle on this restricted license.
(5) Any person aggrieved by a decision made as a result of an informal hearing conducted under authority of KRS 186.411 and this section may appeal, and upon Page 25 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B.
Page 25 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 Section 16.
The applicant, without another person, upon verification by the Cabinet Page 26 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA for Health and Family Services in accordance with KRS 605.102 that shall include proof of financial responsibility in accordance with KRS Page 26 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 186.590(2);
(e) A person who is at least twenty-one (21) years of age at the time of Page 27 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA application for an instruction permit shall have the instruction permit a minimum of thirty (30) days before applying for an operator's license.
Page 27 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 (f) In accordance with KRS 15A.352(5), a person whose motorcycle instruction permit has expired may apply to the cabinet[circuit clerk] to receive a motorcycle operator's license or endorsement if the person presents proof of successful completion of a motorcycle safety education course approved by the Justice and Public Safety Cabinet under KRS 15A.350 to 15A.366.
(6) Except when accompanied by a driver training instructor affiliated with a driver training school licensed under KRS Chapter 332 or a public or nonpublic secondary school, a person with an instruction permit who is under the age of eighteen (18) years shall not operate a motor vehicle at any time when accompanied by more than Page 28 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA one (1) unrelated person who is under the age of twenty (20) years.
Show all 133 changed lines (93 more)
A peace officer shall not stop or seize a person nor issue a uniform citation for a violation of this Page 28 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 subsection if the officer has no other cause to stop or seize the person other than a violation of this subsection.
(a) The applicant is granted written permission by the Transportation Cabinet[circuit clerk of the county in which he or she resides] to take the Page 29 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA examination in another county, and the Department of Kentucky State Police agree to arrange for the examination in the other county;
or Page 29 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 (b) The applicant is tested using a bioptic telescopic device.
(1) The circuit clerk of each county shall continue to issue standard identity Page 30 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA documents until the cabinet determines that a cabinet regional office can assume those duties.
Page 30 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 (2) The circuit clerk of each county that operates an office that issues standard identity credentials shall:
Page 31 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA (1) As used in this section:
(a) "AOC Fund" means the circuit court clerk salary account created in KRS Page 31 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 27A.052;
Card Type Fee LF GF MCF OL (initial/renewal) $48 $48 $0 $0 OL (Under 21) (Up to 4 years) $18 $18 $0 $0 Any OL, MC, or combination (duplicate/corrected) $15 $13.25 $1.75 $0 Motor vehicle IP (3 years) $18 $16 $2 $0 Motorcycle IP (1 year) $18 $13 $1 $4 Motorcycle OL (initial/renewal) $48 $38 $0 $10 Combination vehicle/MC OL (initial/renewal) $58 $48 $0 $10 PIDC (initial/renewal) $28 $25 $3 $0 PIDCPage (duplicate/corrected)32 $15of $13.5067 $1.50HB045310.100 $0- [Card1247 Fee- RoadXXXX LicenseGA AOCUNOFFICIAL GFCOPY MC20 PageRS 32HB of453/GA 66PIDC BR124700.100(duplicate/corrected) -$15 1247$13.50 -$1.50 XXXX$0 Jacketed[Card UNOFFICIALFee COPYRoad 20License RSAOC BRGF 1247MC Type Fund Fund Fund Fund OL (initial/renewal) $48 $31 $7 $10 $0 $0 OL (Under 21) (Up to 4 years) $18 $8.50 $5 $4.50 $0 $0 Any OL, MC OL or combination (duplicate /corrected) $15 $5.25 $4 $4 $1.75 $0 Motor vehicle IP (3 years) $18 $6 $5 $5 $2 $0 Motorcycle IP (1 year) $18 $6 $5 $2 $1 $4 Motorcycle OL (initial/renewal) $48 $19.50 $9 $9.50 $0 $10 Combination vehicle/MC OL (initial/renewal) $58 $28 $7 $13 $0 $10 PIDC (initial/renewal) $28 $11 $8 $6 $3 $0 PIDC (duplicate/corrected) $15 $6 $4 $3.50 $1.50 $0] (3) The fees imposed for standard operator's licenses, instruction permits, and personal identification cards shall be as follows:[.] (a) If the identity document is issued through a circuit clerk's office, the fees received shall be distributed as shown in the table.
The fees shown, unless Page 33 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA otherwise noted, are for an eight (8) year period:
Card Fee Road License AOC GF MC Type Fund Fund Fund Fund OL (initial/renewal) $43 $28 $7 $8 $0 $0 OL (Under 21) (Up to 4 years) $15 $7.50 $4 $3.50 $0 $0 Any OL, MC OL or combination (duplicate /corrected) $15 $5.25 $4 $4 $1.75 $0 Motor vehicle IP (3 years) $15 $5 $4 $4 $2 $0 Motorcycle IP (1 year) $15 $5 $4 $1 $1 $4 Motorcycle OL (initial/renewal) $43 $17.50 $8 $7.50 $0 $10 Combination vehicle/MC OL (initial/renewal) $53 $25 $7 $11 $0 $10 PIDC (initial/renewal) $23 $8 $8 $4 $3 $0 PIDC (duplicate/corrected) $15 $6 $4 $3.50 $1.50 $0 PIDC (no fixed address) KRS 186.4122(5) and 186.4123(5) $10 $0 $5 $5 $0 $0 Page 34 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA (b) If the identity document is issued through a Transportation Cabinet office, the fees received shall be distributed as shown in the table.
Card Fee Road License AOC GF MC Page 33 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 Type Fund Fund Fund Fund OL (initial/renewal) $43 $28 $7 $8 $0 $0 OL (Under 21) (Up to 4 years) $15 $7.50 $4 $3.50 $0 $0 Any OL, MC OL or combination (duplicate /corrected) $15 $5.25 $4 $4 $1.75 $0 Motor vehicle IP (3 years) $15 $5 $4 $4 $2 $0 Motorcycle IP (1 year) $15 $5 $4 $1 $1 $4 Motorcycle OL (initial/renewal) $43 $17.50 $8 $7.50 $0 $10 Combination vehicle/MC OL (initial/renewal) $53 $25 $7 $11 $0 $10 PIDC (initial/renewal) $23 $8 $8 $4 $3 $0 PIDC (duplicate/corrected) $15 $6 $4 $3.50 $1.50 $0 PIDC (no fixed address) KRS 186.4122(5) and 186.4123(5) $10 $0 $5 $5 $0 $0 (b) If the identity document is issued through a Transportation Cabinet office, the fees received shall be distributed as shown in the table.
The fees shown, Page 34 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 unless otherwise noted, are for an eight (8) year period:
(6) Any fee for any identity document applied for using alternative technology under Page 35 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA KRS 186.410 and 186.4122 shall be distributed in the same manner as a document applied for in person with the cabinet[circuit clerk].
Page 35 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 (7) (a) An applicant for an original or renewal operator's license, permit, commercial driver's license, motorcycle operator's license, or personal identification card shall be requested by the cabinet[clerk] to make a donation to promote an organ donor program.
(c)] The donation under this subsection shall be added to the regular fee for an original or renewal motor vehicle operator's license, permit, commercial driver's license, motorcycle operator's license, or personal identification card.
or (b) An applicant who is applying for a instruction permit, operator's license, or Page 36 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA personal identification card without a photo under KRS 186.4102(9).
(9) (a) Except for individuals exempted under paragraph (c) of this subsection, an Page 36 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 applicant for relicensing after revocation or suspension shall pay a reinstatement fee of forty dollars ($40).
(10) Beginning July 1, 2020, as payment for any fee identified in this section, the cabinet:
(a) Shall accept cash and personal checks;
and (b) May accept other methods of payment in accordance with KRS 45.345.
(1) From the portion of the fee for each eight (8) year original or renewal operator's license which is assigned to the photo license account[road fund] under KRS 186.531, two dollars ($2) shall be credited to a special account within the road fund, and shall be used exclusively by the Transportation Cabinet for the purpose of expanding the state driver education program, and two dollars ($2) shall be paid to Page 37 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA the fiscal court of the county where the driver's license is issued to be used by the fiscal court for county road purposes.
(2) From the fee for each annual registration of a motorcycle pursuant to KRS 186.050, four dollars ($4) shall be credited to a special account within the road fund and shall Page 37 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 be used exclusively for the purpose of the motorcycle safety education program fund pursuant to KRS 186.050.
The school shall be composed of uniform education and Page 38 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA training elements designed to create a lasting influence on new drivers and a corrective influence on traffic offenders.
District Courts may in lieu of assessing penalties for traffic offenses, other than for KRS 189A.010, sentence offenders to state traffic school and no other.[ The Transportation Cabinet shall enroll a person in state traffic school who fails to complete a driver's education course pursuant to KRS 186.410(5).] Page 38 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 (2) If a District Court stipulates in its judgment of conviction that a person attend state traffic school, the court shall indicate this in the space provided on the abstract of conviction filed with the Transportation Cabinet.
(4) Persons participating in the state traffic school as provided in this section shall pay a fee of fifteen dollars ($15) to defray the cost of operating the school, except that if enrollment in state traffic school is to satisfy the requirement of KRS 186.410(4)(c), Page 39 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA a fee shall not be assessed.
(a) A person convicted of any violation of traffic codes set forth in KRS Chapters Page 39 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 177, 186, or 189, and who is otherwise eligible, may in the sole discretion of the trial judge, be sentenced to attend state traffic school.
The Page 40 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA court shall issue a summons for the person to appear and the person shall demonstrate to the court why an alternative sentence should not be imposed.
(b) Offenders alleged to have violated KRS 189A.010 or 304.39-080, offenders Page 40 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 holding a commercial driver's license under KRS Chapter 281A, or offenders coming within the provisions of subsection (5)(b) or (c) of this section shall be excluded from participation in a county attorney-operated program.
On a monthly basis, the county attorney shall Page 41 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA forward the fees collected pursuant to this paragraph to the Finance and Administration Cabinet to be distributed as follows:
Page 41 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 3.
Page 42 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA Section 24.
Page 42 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 and (c) Restricted to vehicles with left and right outside mirrors.
(2) ]If any person is aggrieved by any final order of the cabinet relating to the denial, revocation, suspension, or cancellation of an operator's license or motorcycle operator's Page 43 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA license other than orders of revocation or suspension when the facts render revocation or suspension mandatory, he may file a petition for judicial review in the Circuit Court of the county in which he resides, or in the Franklin Circuit Court in accordance with KRS Chapter 13B.
Page 43 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 (1) "Cabinet," as used in KRS 186.400 to 186.640, means the Transportation Cabinet;
(5) "Moped" means either a motorized bicycle whose frame design may include one (1) or more horizontal crossbars supporting a fuel tank so long as it also has pedals, or a motorized bicycle with a step-through type frame which may or may not have Page 44 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA pedals rated no more than two (2) brake horsepower, a cylinder capacity not exceeding fifty (50) cubic centimeters, an automatic transmission not requiring clutching or shifting by the operator after the drive system is engaged, and capable of a maximum speed of not more than thirty (30) miles per hour;
(7) (a) "Owner" means a person who holds the legal title of a vehicle or a person who Page 44 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 pursuant to a bona fide sale has received physical possession of the vehicle subject to any applicable security interest.
(8) (a) "Vehicle," as used in KRS 186.020 to 186.260, includes all agencies for the transportation of persons or property over or upon the public highways of this Commonwealth and all vehicles passing over or upon said highways, except electric low-speed scooters, road rollers, road graders, farm tractors, vehicles Page 45 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA on which power shovels are mounted, such other construction equipment customarily used only on the site of construction and which is not practical for the transportation of persons or property upon the highways, such vehicles as travel exclusively upon rails, and such vehicles as are propelled by electric power obtained from overhead wires while being operated within any municipality or where said vehicles do not travel more than five (5) miles Page 45 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 beyond the city limit of any municipality.
Page 46 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA (13) "Special status individual" means:
Page 46 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 (b) "K-1 status" means the status of any person lawfully present in the United States who has been granted permission by the United States Department of Justice, Immigration and Naturalization Service to enter the United States for the purpose of marrying a United States citizen within ninety (90) days from the date of that entry;
Only for purposes of registration, "motorcycle" shall include a motor scooter, Page 47 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA an alternative-speed motorcycle, and an autocycle as defined in this section, but shall not include a tractor or a moped as defined in this section;
and Page 47 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 (c) Is designed to operate at a speed not to exceed twenty-five (25) miles per hour as certified by the manufacturer;
Page 48 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA (e) Is equipped with a three (3) point safety belt system;
Page 48 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 (a) Is not operated using continuous tracks;
and (25) "Alternative technology," as used in KRS 186.400 to 186.640, means methods used by the cabinet to facilitate the issuance of operator's licenses and personal Page 49 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA identification cards outside of the normal in-person application at a cabinet office, including but not limited to a cabinet mobile unit or online services.
(1) (a) If a person's license is suspended pursuant to this chapter and the initial suspension was for a violation of KRS 189A.010(1)(a), (b), (e), or (f), the sole Page 49 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 license the person shall be eligible for is an ignition interlock license pursuant to this section.
(3) Before the Transportation Cabinet shall issue an ignition interlock license, the Page 50 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA person shall:
and (d) Provide any other information required by administrative regulations Page 50 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 promulgated by the Transportation Cabinet under KRS 189A.350.
Page 51 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA prior to the date of releasing the ignition interlock device restriction.
Failure to take any random breath alcohol concentration test unless a review of the digital image confirms that the motor Page 51 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 vehicle or motorcycle was not occupied by a driver at the time of the missed test;
or (d) If a person's license suspension was extended pursuant to KRS 189A.345, the Page 52 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA required suspension period under KRS 189A.345(1).
shall apply on a day-for-day basis toward satisfying the suspension periods Page 52 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 detailed in subsection (4) of this section.
Page 53 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA (7) (a) Except as provided in paragraph (c) of this subsection, an ignition interlock device provider may charge the following fees:
Page 53 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 2.
At or below one hundred percent (100%) of the federal poverty guidelines, shall pay only twenty-five percent (25%) of fees established Page 54 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA pursuant to paragraph (a) of this subsection;
(d) Neither the Commonwealth, the Transportation Cabinet, nor any unit of state Page 54 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 or local government shall be responsible for payment of any costs associated with an ignition interlock device.
(3) The licensee shall have in his or her immediate possession at all times when operating a motor vehicle his or her commercial driver's license, and shall display the license upon demand to the Transportation Cabinet[a circuit clerk], a license examiner, a peace officer, a State Police officer, or an inspector or officer of the Page 55 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA Department of Vehicle Regulation.
Page 55 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 (a) Is a resident of this state;
(4) To ensure that an applicant for a commercial driver's license or instruction permit complies with the requirements of subsections (2) and (3) of this section, the Transportation Cabinet[circuit clerk] shall verify through the commercial driver's license information system and national driver register that the person applying for a Page 56 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA Kentucky CDL does not currently have his or her operator's license or driving privilege suspended or revoked in another licensing jurisdiction.
Page 56 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 Section 30.
Page 57 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA (j) The name of every jurisdiction in which the applicant has previously been licensed to drive any type of motor vehicle during the ten (10) year period immediately preceding the date of the application;
Page 57 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 (3) When the holder of a commercial driver's license changes his or her name or residence, the information shall be reported to the cabinet within ten (10) days.
(5) A person who is a resident of this state shall not drive a commercial motor vehicle Page 58 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA under the authority of a commercial driver's license issued by another jurisdiction.
(6) Any person who knowingly falsifies information or certifications required to obtain a commercial driver's license, a commercial driver's license permit, or a duplicate commercial driver's license subsequent to an administrative hearing conducted in accordance with KRS 186.570, shall be subject to suspension, revocation, or cancellation of his commercial driver's license for a period of at least sixty (60) Page 58 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 consecutive days.
(c) Fifteen dollars ($15) for each application for a change or addition in class or Page 59 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA type of license, endorsement, or restriction;
The fees required for a duplicate shall be in addition to fees charged under subsection Page 59 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 (2)(c) of this section.
A three dollar ($3) issuance fee shall be Page 60 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA allocated to the general fund from issuance of a commercial driver's license.
This fee shall not be required if his or her commercial driving privilege was Page 60 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 withdrawn only as a result of the withdrawal of his or her privilege to drive a noncommercial motor vehicle.
(8) Beginning July 1, 2020, as payment for any fee identified in this section, the cabinet:
(a) Shall accept cash and personal checks;
and (b) May accept other methods of payment in accordance with KRS 45.345.
An applicant for a CDL instruction permit may enroll in a commercial driver training program under the Kentucky Community and Technical College System or a proprietary school Page 61 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA licensed under KRS Chapter 165A, and may be issued a CDL instruction permit upon enrollment, however the status of the applicant retaining the CDL instruction permit shall not be determined until the results of the background checks are made available to the cabinet.
Page 61 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 (3) Any fee charged by the State Police to conduct a criminal history background check shall be paid by the applicant and shall not be refundable.
Any fee charged by any law enforcement agency to conduct a criminal history Page 62 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA background check shall be an amount not greater than the actual cost of processing the request and conducting the search.
(b) In the case of registration by mail, if the valid voter registration form of the Page 62 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 applicant is legibly postmarked before the registration books are closed;
or (c) Upon failure to respond to a confirmation mailing sent pursuant to KRS 116.112(3) and failure to vote or appear to vote and, if necessary, correct the registration record of the voter's address in an election during the period Page 63 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA beginning on the date of the notice and ending on the day after the date of the second general election for Federal office that occurs after the date of the notice.
(1) (a) Each motor vehicle driver's license application, including any renewal application, submitted to the appropriate motor vehicle authority shall serve as an application for voter registration unless the applicant fails to sign the voter Page 63 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 registration application.
(5) (a) A completed voter registration portion of an application for a motor vehicle Page 64 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA driver's license accepted by the Transportation Cabinet[a circuit clerk] shall be transmitted to the county clerk of the county of the applicant's voting residence not later than ten (10) days after the date of acceptance.
Page 64 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 Section 36.
(3) When a registered voter changes his place of residence from one (1) precinct to Page 65 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA another precinct within the same county after the registration books close, the voter shall be permitted to vote in the present election at the appropriate precinct for the current address upon affirmation of his current address and signing the precinct list as set forth in KRS 117.225.
(4) When the boundaries of a precinct are changed by law, placing a registered voter in a new or different precinct, the clerk shall automatically transfer the voter's Page 65 of 66 BR124700.100 - 1247 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1247 registration record to the proper precinct and mail the voter a notice of the change.
(4) Moneys in the account shall be used for the purposes of hiring additional deputy Page 66 of 67 HB045310.100 - 1247 - XXXX GA UNOFFICIAL COPY 20 RS HB 453/GA circuit clerks and providing salary adjustments to deputy circuit clerks and are hereby appropriated for these purposes.
Beginning July 1, 2020, the Transportation Cabinet shall ensure the each cabinet office it opens for the purposes of issuing identity documents be open on Saturdays for processing applications for an aggregate total of eight hours each month.
This requirement shall remain in effect until June 30, 2022.
Section 39.
For fiscal years 2020-2021 and 2021-2022, the Transportation Cabinet shall ensure that a cabinet mobile unit visits, for the purposes of issuing identity documents, those counties where a permanent licensing office is not located, based upon the following schedule:
(1) For counties with a population of 25,000 or less, two times per year;
(2) For counties with a population of more than 25,000, but less than or equal to 50,000, three times per year;
(3) For counties with a population of more than 50,000, but less than or equal to 80,000, four times per year;
and (4) For counties with a population in excess of 80,000, five times per year.
The cabinet shall give advance notice of mobile unit visits under this section as part of its overall educational campaign.
Nothing in this section shall prohibit the cabinet from using a mobile unit to visit counties at any time prior to July 1, 2020, to visit a county where a permanent licensing office exists, or to visit counties more than the minimum times required by this section.
Section 40.
Page 6667 of 6667 BR124700.100HB045310.100 - 1247 - XXXX JacketedGA
Show all 133 changed rows (93 more)
Action History
-
signed by Governor Acts ch. 51)
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delivered to Governor
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enrolled, signed by President of the Senate
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enrolled, signed by Speaker of the House
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received in House
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3rd reading, passed 21-10
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posted for passage in the Regular Orders of the Day for Thursday, March 19, 2020
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reported favorably, 2nd reading, to Rules
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returned to Transportation (S)
-
1st reading
-
taken from Transportation (S)
-
to Transportation (S)
-
received in Senate
-
3rd reading, passed 81-14 with Committee Substitute (1)
-
posted for passage in the Regular Orders of the Day for Thursday, March 5, 2020
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2nd reading, to Rules
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reported favorably, 1st reading, to Calendar with Committee Substitute (1)
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posted in committee
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to Transportation (H)
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introduced in House
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 0 co-sponsors · 138 not signed on · 7 voted No
Sponsors (0)
None.
Co-sponsors (0)
None.
Not signed on (138)
138 members have not signed on to this bill.
Show all 138 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 5 | 0 | 6 |
| Republican | 9 | 5 | 0 | 0 |
| Democrat | 0 | 0 | 0 | 1 |
| Total | 21 | 10 | 0 | 7 |
| % of votes cast | 55% | 26% | 0% | 18% |
How each member voted (38)
| Member | Party | Vote |
|---|---|---|
| Alvarado | — | Yea |
| Harris | — | Yea |
| Buford | — | Yea |
| Nemes | — | Yea |
| Thayer | — | Yea |
| Hornback | — | Yea |
| Thomas | — | Yea |
| Carroll D | — | Yea |
| Robinson | — | Yea |
| Westerfield | — | Yea |
| McGarvey | — | Yea |
| Schroder | — | Yea |
| Castlen | — | Nay |
| Schickel | — | Nay |
| Humphries | — | Nay |
| Meredith | — | Nay |
| Turner | — | Nay |
| Carroll J | — | Not Voting |
| Embry | — | Not Voting |
| Kerr | — | Not Voting |
| Parrett | — | Not Voting |
| Clark | — | Not Voting |
| Harper Angel | — | Not Voting |
| Gerald A. Neal | Democrat | Not Voting |
| Brandon Smith | Republican | Nay |
| Christian McDaniel | Republican | Yea |
| David P. Givens | Republican | Yea |
| Jared Carpenter | Republican | Yea |
| Jimmy Higdon | Republican | Yea |
| Julie Raque Adams | Republican | Yea |
| Max Wise | Republican | Nay |
| Mike Wilson | Republican | Yea |
| Phillip Wheeler | Republican | Nay |
| Rick Girdler | Republican | Yea |
| Robby Mills | Republican | Yea |
| Robert Stivers | Republican | Yea |
| Robin L. Webb | Republican | Nay |
| Stephen West | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 30 | 1 | 0 | 0 |
| Unaffiliated | 45 | 12 | 0 | 6 |
| Democrat | 6 | 1 | 0 | 0 |
| Total | 81 | 14 | 0 | 6 |
| % of votes cast | 80% | 14% | 0% | 6% |
How each member voted (101)
| Member | Party | Vote |
|---|---|---|
| Frazier | — | Yea |
| Jenkins | — | Yea |
| Minter | — | Yea |
| Sims | — | Yea |
| Bentley | — | Yea |
| Sorolis | — | Yea |
| Koenig | — | Yea |
| Nemes | — | Yea |
| Stewart | — | Yea |
| Glenn | — | Yea |
| Lewis D | — | Yea |
| Palumbo | — | Yea |
| Stone | — | Yea |
| Branham Clark | — | Yea |
| Goforth | — | Yea |
| Pratt | — | Yea |
| Graham | — | Yea |
| Massey | — | Yea |
| Prunty | — | Yea |
| Thomas | — | Yea |
| Brown G | — | Yea |
| Graviss | — | Yea |
| Raymond | — | Yea |
| Burch | — | Yea |
| McCoy | — | Yea |
| Cantrell | — | Yea |
| Webber | — | Yea |
| Donohue | — | Yea |
| Heath | — | Yea |
| Meredith | — | Yea |
| Westrom | — | Yea |
| Meyer | — | Yea |
| Rothenburger | — | Yea |
| Wheatley | — | Yea |
| Hinkle | — | Yea |
| Hoover | — | Yea |
| Miller C | — | Yea |
| Santoro | — | Yea |
| Wiederstein | — | Yea |
| Fischer | — | Yea |
| Huff T | — | Yea |
| Miller J | — | Yea |
| Sheldon | — | Yea |
| Yates | — | Yea |
| Flood | — | Yea |
| Bechler | — | Nay |
| DuPlessis | — | Nay |
| Huff R | — | Nay |
| Lewis S | — | Nay |
| Scott | — | Nay |
| Booker | — | Nay |
| Harris | — | Nay |
| Rowland | — | Nay |
| Brenda | — | Nay |
| Hatton | — | Nay |
| Lee | — | Nay |
| Schamore | — | Nay |
| Carney | — | Not Voting |
| Howard | — | Not Voting |
| Meeks | — | Not Voting |
| Rand | — | Not Voting |
| Turner | — | Not Voting |
| COMMONWEALTH OF KENTUCKY SENATE | — | Not Voting |
| Al Gentry | Democrat | Yea |
| Ashley Tackett Laferty | Democrat | Yea |
| Lisa Willner | Democrat | Nay |
| Mary Lou Marzian | Democrat | Yea |
| Nima Kulkarni | Democrat | Yea |
| Pamela Stevenson | Democrat | Yea |
| Tina Bojanowski | Democrat | Yea |
| Aaron Reed | Republican | Yea |
| Adam Bowling | Republican | Yea |
| Bobby McCool | Republican | Yea |
| Chris Freeland | Republican | Yea |
| Chris Fugate | Republican | Yea |
| Daniel Elliott | Republican | Yea |
| David Hale | Republican | Yea |
| David Meade | Republican | Yea |
| David W. Osborne | Republican | Yea |
| Greg Elkins | Republican | Yea |
| James Tipton | Republican | Yea |
| Jason Petrie | Republican | Yea |
| Jim Gooch Jr. | Republican | Yea |
| John Blanton | Republican | Yea |
| Ken Upchurch | Republican | Yea |
| Kim Banta | Republican | Yea |
| Kim King | Republican | Nay |
| Kimberly Poore Moser | Republican | Yea |
| Mark Hart | Republican | Yea |
| Matthew Koch | Republican | Yea |
| Myron Dossett | Republican | Yea |
| Nancy Tate | Republican | Yea |
| Randy Bridges | Republican | Yea |
| Richard White | Republican | Yea |
| Samara Heavrin | Republican | Yea |
| Savannah Maddox | Republican | Yea |
| Steve Bratcher | Republican | Yea |
| Steve Riley | Republican | Yea |
| Steven Rudy | Republican | Yea |
| Suzanne Miles | Republican | Yea |
| T.J. Roberts | Republican | Yea |
Subjects
Frequently asked questions
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