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1 AN ACT relating to elections.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3 Section 1. KRS 116.025 is amended to read as follows:
4 (1) Every person who is a resident of this state and the precinct in which he or she
5 offers to vote on or before the day of[preceding the closing of the registration books
6 for] any primary, general, or special election, who possesses on the day of any
7 election the qualifications set forth in Section 145 of the Constitution, exclusive of
8 the durational residency requirements, who is not disqualified under that section or
9 under any other statute, and who is registered as provided in this chapter, may vote
10 for all officers to be elected by the people and on all public questions submitted for
11 determination at that election, in the precinct in which he or she is qualified to vote.
12 Any person who shall have been convicted of any election law offense which is a
13 felony shall not be permitted to vote until his or her civil rights have been restored
14 by executive pardon.
15 (2) Any person charged with or indicted for a crime, whether or not in custody for
16 same, who has not yet been convicted of the offense and who is not otherwise
17 ineligible to vote, may vote for all offices to be elected by the people and on all
18 public questions submitted for determination at that election, in the precinct in
19 which he or she is qualified to vote.
20 (3) A registered voter who changes his or her place of residence from one (1) precinct
21 to another within the same county while the registration books are closed shall be
22 permitted to update the voting records and to vote in the present election at the
23 appropriate precinct for the current address as set forth in KRS 116.085(3).
24 (4) Notwithstanding any provision of law to the contrary, any registered voter who
25 changes his or her place of residence from one (1) precinct to another within the
26 same county prior to the closing of the registration books and who fails to transfer
27 his or her registration with the county clerk prior to the date the registration books
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1 are closed shall be permitted to vote in the present election at the appropriate
2 precinct for the current address as set forth in KRS 116.085(2).
3 (5) Any registered voter who changes his or her place of residence to a different county
4 while the registration books are closed shall be permitted to vote at the appropriate
5 precinct for his or her former residence in the present election and shall thereafter
6 transfer his or her voter registration.
7 (6) Any registered voter who changes his or her place of residence to a different county
8 and fails to register to vote in the county of current residence prior to the date the
9 registration books are closed shall not be eligible to vote in the present election in
10 the county of current residence or the county of former residence.
11 (7) Any registered voter who changes his or her place of registration to a different state
12 while the registration books are closed in the new state of residence before a
13 presidential election shall be permitted to cast an absentee ballot for President and
14 Vice President only, notwithstanding subsection (1) of this section, by mail or at the
15 county clerk's office of the former residence or other place designated by the county
16 board of elections and approved by the State Board of Elections.
17 Section 2. KRS 116.045 is amended to read as follows:
18 (1) Any person may:
19 (a) Register as a voter during the period registration is open if he or she
20 possesses, or will possess on the day of the next regular election, the
21 qualifications set forth in KRS 116.025;
22 (b) Register at the precinct on the day of the election as provided in subsection
23 (9) of this section, if he or she has not registered during the period
24 registration is open; or
25 (c) Preregister as a voter as prescribed in subsection (10) of this section.
26 (2) The county clerk shall cause all registration to be closed, except for registration
27 under subsections (9) and (10) of this section, the fourth Tuesday preceding
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1 through the first Monday following any primary or general election, and the twenty-
2 eight (28) days prior to and seven (7) days following any special election. If the last
3 day of registration falls on a state or federal holiday, the period runs until the end of
4 the next day which is not a Saturday or Sunday nor a state or federal holiday.
5 During the period that registration is closed, the county clerk may accept and
6 process registrations. Any voter who registers during the period that registration is
7 closed, except for any registered voter who transfers his or her registration pursuant
8 to KRS 116.085(2) or (3), or who registers at the precinct under subsection (9) of
9 this section, shall not be permitted to vote in the upcoming election.
10 (3) In all counties, the county clerk shall receive registrations, transfers, or changes of
11 party affiliation at branch offices at any place in the county during those periods that
12 the registration books are open except for those transfers pursuant to KRS
13 116.085(2) or 116.085(3). However, notice in the manner provided by KRS Chapter
14 424 shall be given at least three (3), but not more than fourteen (14), days in
15 advance of the time and place of any branch registration, and ten (10) days' written
16 notice shall be given to the county executive committee of each major political
17 party in the county in which the branch registration is to be held.
18 (4) Any person may register to vote or may change his or her party affiliation in any of
19 the following ways:
20 (a) In person, including registration or change of party affiliation on the day of
21 any election under subsection (9) of this section;
22 (b) By mail;
23 (c) By means of the federal post card application, if the person is a resident of
24 Kentucky and a member of the Armed Forces, or a dependent of members of
25 the Armed Forces, or overseas citizen;
26 (d) By mail-in application form prescribed by the Federal Election Commission
27 pursuant to the National Voter Registration Act of 1993; or
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1 (e) By other methods of registration, or reregistration, approved by the State
2 Board of Elections, including the use of voluntary interested groups and
3 political parties, under the proper supervision and directions of the county
4 clerk, which may include door to door canvassing.
5 (5) Upon receipt of the form prescribed by the State Board of Elections or the Federal
6 Election Commission pursuant to the National Voter Registration Act of 1993,
7 properly filled out and signed by the applicant, the county clerk, or the precinct
8 officer in the case of a person registering on the day of the election at the precinct
9 under subsection (9) of this section, shall register the applicant.
10 (6) Any individual or group shall have access to a reasonable number of voter
11 registration forms including the mail-in application form prescribed by the Federal
12 Election Commission pursuant to the National Voter Registration Act of 1993 in the
13 county clerk's office. The individual or group shall act under the proper supervision
14 and directions of the county clerk and shall return these completed forms to the
15 county clerk for official registration by the county clerk.
16 (7) No later than December 31, 1994, the Transportation Cabinet shall equip all driver's
17 license agencies to comply with the provisions of the National Voter Registration
18 Act of 1993. The Secretary of State shall provide assistance and interpretation to the
19 Transportation Cabinet in determining the requirements of the National Voter
20 Registration Act of 1993.
21 (8) The county clerk shall enter the specific party identification of the voter with a
22 political party, political organization, or political group as defined in KRS 118.015,
23 or independent status, as indicated by the voter on the voter registration form, into
24 the statewide voter registration system. The State Board of Elections shall
25 promulgate regulations under KRS Chapter 13A to provide for:
26 (a) Tracking of the registration of voters identifying with political organizations
27 and political groups as defined in KRS 118.015, and voters of independent
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1 status; and
2 (b) Preregistration as established in subsection (10) of this section.
3 (9) Any person who has not registered prior to the time the registration books are
4 closed under subsection (2) of this section and who possesses all other
5 qualifications for registration may register or change party affiliation at his or
6 her precinct of residence on the day of the election. When a person applies to
7 register to vote at the precinct on election day, the voter shall be permitted to vote
8 in the present election at the appropriate precinct for his or her current address
9 upon affirmation of his or her current address. Before being permitted to vote,
10 the voter shall confirm his or her identity as required by KRS 117.227 and
11 complete the affidavit, which is required to be completed by a voter whose right to
12 vote is challenged. The subscribed oaths shall be delivered to the county clerk and
13 investigated in accordance with KRS 117.245.
14 (10) A person who is otherwise qualified may preregister on or after that person's
15 sixteenth birthday and may vote in any election or primary occurring on or after
16 that person's eighteenth birthday or as established in Section 6 of this Act.
17 Section 3. KRS 116.0452 is amended to read as follows:
18 (1) For the purpose of determining whether a voter registration application is received
19 during the period in which registration books are open under KRS 116.045(2), an
20 application shall be deemed timely received:
21 (a) In the case of registration with a motor vehicle driver's license application, if
22 the valid voter registration form of the applicant is accepted by the circuit
23 clerk before the registration books are closed;
24 (b) In the case of registration by mail, if the valid voter registration form of the
25 applicant is legibly postmarked before the registration books are closed;
26 (c) In the case of registration with a voter registration agency, if the valid voter
27 registration form of the applicant is accepted at the voter registration agency
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1 before the registration books are closed; and
2 (d) In any other case, if the valid voter registration form of the applicant is
3 received by the appropriate county clerk, no later than 4 p.m. local time,
4 before the registration books are closed.
5 (2) In the case of registration at the precinct on election day, a voter registration
6 application shall be deemed timely received if the valid voter registration form of
7 the applicant is received by the precinct officer in the correct precinct of residence
8 of the voter before the polls close on election day.
9 (3) The county clerk shall send notice to each applicant of the disposition of the
10 application.
11 (4)[(3)] The name of a registered voter shall not be removed from the registration
12 books except:
13 (a) Upon request of the voter;
14 (b) As provided by KRS 116.113, upon notice of death, declaration of
15 incompetency, or conviction of a felony; or
16 (c) Upon failure to respond to a confirmation mailing sent pursuant to KRS
17 116.112(3) and failure to vote or appear to vote and, if necessary, correct the
18 registration record of the voter's address in an election during the period
19 beginning on the date of the notice and ending on the day after the date of the
20 second general election for Federal office that occurs after the date of the
21 notice.
22 (5)[(4)] The identity of the voter registration agency or circuit clerk's office through
23 which any particular voter is registered shall not be disclosed to the public, but the
24 county clerk shall provide the State Board of Elections with a report of how many
25 voters have registered to vote at the precincts on election day.
26 (6) The State Board of Elections shall develop informational materials about voter
27 registration in Spanish, which shall be distributed along with voter registration
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1 applications. Not later than January 1, 2022, the State Board of Elections shall
2 provide for voter registration applications in Spanish.
3 Section 4. KRS 116.046 is amended to read as follows:
4 (1) (a) The county clerk shall provide voter registration forms and preregistration
5 forms to each principal or assistant principal of every public high school, each
6 area vocational school, and upon request, private schools.
7 (b) Each school[, who] shall designate a person[ in each school] who shall be
8 responsible for informing students and school personnel, not less than once
9 during each school year, of the availability of the registration and
10 preregistration forms and assist them in properly registering or
11 preregistering. The completed forms shall be returned to the county clerk, for
12 official registration or preregistration by the county clerk.
13 (c) Each school district shall submit an annual report to the Legislative
14 Research Commission documenting the dissemination of the information
15 required by this subsection, the total number of students that have
16 registered and preregistered to vote in each school, and a plan for
17 encouraging students to register.
18 (2) Any person designated to assist in registration or preregistration in subsection (1)
19 of this section shall fulfill this responsibility in an impartial and fair manner and
20 shall not recruit a registrant or preregistrant for any particular party.
21 (3) The State Board of Education shall implement programs of public education, not
22 less than once during each school year, regarding elections, voting procedures, and
23 election fraud, which shall include an audio-visual presentation for high school
24 sophomores, juniors, and seniors. The State Board of Education, after consultation
25 with the State Board of Elections, shall update the public education programs
26 required by this section as relevant statutory changes occur, as different types of
27 voting machines are used, or as more effective methods of presentation shall be
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1 developed.
2 Section 5. KRS 116.048 is amended to read as follows:
3 (1) The following agencies are designated as voter registration agencies in accordance
4 with the National Voter Registration Act of 1993, with additional voter registration
5 agencies added thereto:
6 (a) Agencies that provide benefits under public assistance under Title IV-A of the
7 Federal Social Security Act, the Special Supplemental Food Program for
8 Women, Infants, and Children, the Kentucky Medical Assistance Program, or
9 the Food Stamps Program;
10 (b) Armed Forces recruitment offices;
11 (c) Other agencies as the Secretary of State shall determine to be providing public
12 assistance;[ and]
13 (d) Other agencies as the Secretary of State shall determine to be state-funded
14 programs primarily engaged in providing services to persons with disabilities;
15 (e) All other state agencies, which means any department, office, commission,
16 board, or authority within the executive department, and includes state-
17 supported universities and colleges, but does not include local boards of
18 education; and
19 (f) Each public library as defined in KRS 171.125, including any branch or
20 service outlet.
21 (2) A voter registration agency that provides service or assistance in conducting voter
22 registration shall:
23 (a) Distribute with each application for its service or assistance, and with each
24 recertification, renewal, or change of address form, the office's own voter
25 registration application form that complies with the requirements of Section 7
26 of Public Law 103-31, the National Voter Registration Act of 1993;
27 (b) Provide a form that includes:
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1 1. The question, "If you are not registered to vote where you live now,
2 would you like to apply to register to vote here today?";
3 2. If the agency provides public assistance, the statement, "Applying to
4 register or declining to register to vote will not affect the amount of
5 assistance that you will be provided by this agency.";
6 3. Boxes for the applicant to check to indicate whether the applicant would
7 like to register or declines to register to vote (failure to check either box
8 being deemed to constitute a declination to register for purposes of
9 paragraph (c) of this subsection), together with the statement in close
10 proximity to the boxes and in prominent type, "IF YOU DO NOT
11 CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE
12 DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.";
13 4. The statement, "If you would like help in filling out the voter
14 registration application form, we will help you. The decision whether to
15 seek or accept help is yours. You may fill out the application form in
16 private."; and
17 5. The statement, "If you believe that someone has interfered with your
18 right to register or to decline to register to vote, your right to privacy in
19 deciding whether to register or in applying to register to vote, or your
20 right to choose your own political party or other political preference, you
21 may file a complaint with __________________.", the blank being filled
22 by the name, address, and telephone number of the appropriate official
23 to whom a complaint should be addressed; and
24 (c) Provide to each applicant who does not decline to register to vote the same
25 degree of assistance with regard to the completion of the registration
26 application form as is provided by the office with regard to the completion of
27 its own forms, unless the applicant refuses assistance.
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1 (3) (a) At each voter registration agency, the following services shall be made
2 available:
3 1. Distribution of mail voter registration forms;
4 2. Assistance to applicants in completing voter registration application
5 forms, unless the applicant refuses assistance; and
6 3. Acceptance of completed voter registration application forms for
7 transmittal to the county clerk of the county of the applicant's voting
8 residence.
9 (b) If a voter registration agency designated under subsection (1)(d) of this section
10 provides services to a person with a disability at the person's home, the agency
11 shall provide the services described in paragraph (a) of this subsection at the
12 person's home.
13 (4) A person who provides services described in subsection (3) of this section shall not:
14 (a) Seek to influence an applicant's political preference or party registration;
15 (b) Display any material indicating the person's political preference or party
16 allegiance;
17 (c) Make any statement to an applicant or take any action the purpose or effect of
18 which is to discourage the applicant from registering to vote; or
19 (d) Make any statement to an applicant or take any action the purpose or effect of
20 which is to lead the applicant to believe that a decision to register or not to
21 register to vote has any bearing on the availability of services or benefits.
22 (5) The State Board of Elections may designate requirements for record keeping and
23 document retention it deems necessary to comply with the National Voter
24 Registration Act of 1993 and the provisions of this chapter.
25 (6) (a) A completed registration application accepted at a voter registration agency
26 shall be transmitted to the county clerk of the county of the applicant's voting
27 residence or the State Board of Elections not later than ten (10) days after the
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1 date of acceptance.
2 (b) If a registration application is accepted within five (5) days before the last day
3 for registration to vote in an election, the application shall be transmitted to
4 the county clerk of the county of the applicant's voting residence or the State
5 Board of Elections not later than five (5) days after the date of acceptance.
6 (7) All state agencies serving as voter registration agencies under subsection (1)(e) of
7 this section shall develop and submit to the Legislative Research Commission,
8 beginning not later than six (6) months after the effective date of this Act, and
9 annually thereafter, a plan for implementing the requirements of this section
10 with a particular emphasis on encouraging voter registration among the persons
11 that each particular state agency serves.
12 Section 6. KRS 116.055 is amended to read as follows:
13 Before a person shall be qualified to vote in a primary election, he shall possess all the
14 qualifications required of voters in a regular election. In addition, he shall be a registered
15 member of the party in whose primary election he seeks to vote[, and shall have been
16 registered as a member of that party on December 31 immediately preceding the primary
17 election, or, in the case of new registrations made after December 31 immediately
18 preceding the primary election, he shall have registered and remained registered as a
19 member of that party]. No person shall be allowed to vote for any party candidates or
20 slates of candidates other than that of the party of which he is a registered member. The
21 qualifications shall be determined as of the date of the primary, without regard to the
22 qualifications or disqualifications as they may exist at the succeeding regular election,
23 except that minors seventeen (17) years of age who will become eighteen (18) years of
24 age on or before the day of the regular election shall be entitled to vote in the primary if
25 preregistered as established in Section 2 of this Act, or as otherwise qualified. However,
26 any registered voter, whether registered as a member of a party, political organization,
27 political group, or as an independent, shall be qualified to vote in primary elections for
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1 candidates listed in all nonpartisan races.
2 Section 7. KRS 117.225 is amended to read as follows:
3 (1) Any person desiring to vote on election day shall give his name and address to the
4 clerk of the election. If the person's name is listed on the precinct list furnished by
5 the State Board of Elections as provided in KRS 117.025 and if no challenge is
6 made, he shall sign his name on the precinct list in the space opposite his printed
7 name. The voter's signature shall constitute his verification that he is a properly
8 registered and qualified voter. If the person's name is not listed on the precinct list
9 furnished by the State Board of Elections, the precinct officer shall offer the
10 person the opportunity to register to vote as provided by Section 2 of this Act, and
11 the voter shall indicate his or her party registration on the form. The voter shall
12 then retire alone to cast his vote on the voting machine. The county board of
13 elections may provide to each precinct the original registration form of each voter
14 entitled to vote in that precinct. These forms shall be used to compare signatures in
15 those precincts to which the forms are provided.
16 (2) If supplemental paper ballots are used, as provided in KRS 118.215, after voting on
17 the voting machine the voter shall take the supplemental paper ballot with the stub
18 intact and retire alone to the voting booth provided for voting paper ballots. After
19 voting the supplemental paper ballot, the voter shall remove the numbered stub,
20 hand the stub to an election official and deposit the voted ballot in the locked ballot
21 box.
22 Section 8. KRS 117.365 is amended to read as follows:
23 Upon the first day a grand jury convenes after a primary, general election, or special
24 election, the county clerk shall present to the grand jury all voter assistance forms, all
25 applications for voter registration that are completed at the precinct, and all
26 applications for absentee ballots which shall have been completed in the immediately
27 preceding primary, general election, or special election. The county clerk may photocopy
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1 applications for absentee ballots, applications for voter registration that are completed
2 at the precinct, and voter assistance forms, certify them as true copies of the originals,
3 and present the grand jury with those certified copies instead of the originals. The county
4 clerk shall retain all applications for absentee ballots, all applications for voter
5 registration that are completed at the precinct, and one (1) copy of each voter assistance
6 form as part of the records of the office and shall produce certified copies of any or all of
7 them, when required, to any subsequent grand jury.
8 Section 9. KRS 150.195 is amended to read as follows:
9 (1) The department shall by administrative regulation provide for the control of the
10 design, issuance, distribution, and other matters relating to all licenses and permits
11 issued by the department.
12 (2) The department shall name each county clerk not granted an exemption from selling
13 licenses or permits by the commissioner as an agent for the sale of licenses and
14 permits or other items. The county clerk shall not appoint any other person or
15 organization, other than a paid deputy clerk, to sell licenses and permits. A county
16 clerk may, at any time during his term of office, apply in writing to the
17 commissioner for an exemption from the requirement that he sell licenses and
18 permits or other items for the department. The commissioner shall then grant the
19 exemption until the clerk requests otherwise in writing.
20 (3) The department shall sell its own licenses or permits and may name any other
21 person or organization meeting the requirements specified by statute and by the
22 department by administrative regulation as an agent for the sale of specified licenses
23 and permits or other items for the department.
24 (4) The department shall, by administrative regulation, determine:
25 (a) The number and distribution of agents in a county;
26 (b) Which licenses and permits or other items shall be sold by the department and
27 agents of the department;
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1 (c) The requirements for persons or organizations, other than county clerks, to sell
2 licenses and permits or other items issued by the department;
3 (d) The fees allowed to be retained by agents of the department;
4 (e) Matters relating to the remittance of license and permit fees and proceeds of
5 the sale of other items, procedures for accountability for licenses and permits,
6 and accountability for license and permit fees and proceeds of the sales of
7 other items;
8 (f) The license and permit term, and the date of expiration of licenses and
9 permits; and
10 (g) The manner in which the licenses, permits, and other items issued by the
11 department are designed, issued, and sold, and details relating to the
12 application for and sale of licenses, permits, and other items, the reporting of
13 license, permit, and other sales, and other matters deemed necessary by the
14 department for the proper administration and operation of a program relating
15 to the design, issuance, and sale of licenses, permits, and other items issued by
16 the department.
17 (5) No person shall make a false statement or provide any false information when
18 applying for a license or permit.
19 (6) Unless permitted to do so by administrative regulation, no person shall alter or
20 modify a license or permit in any manner.
21 (7) No employee of the department, no agent designated by the department, or no
22 employee of an agent designated by the commissioner shall knowingly make a false
23 entry upon a license or permit, license or permit record, or an application or report
24 required by this chapter or by an administrative regulation issued thereunder.
25 (8) The department and each agent designated by the commissioner shall keep a correct
26 and complete record of all licenses and permits applied for or issued, and all other
27 records required to be kept by statute or by the department by administrative
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1 regulation. License and permit records shall be public records and shall be open to
2 public inspection in the manner provided by KRS 61.870 to 61.884.
3 (9) No fee for the issuance of a license or permit issued by or on behalf of the
4 department shall be charged or collected by the department or agent of the
5 department other than the amount specified by administrative regulation. Tie-in
6 sales required to obtain a license or permit are prohibited.
7 (10) The department shall by administrative regulation develop a procedure for
8 suspending or revoking the agent status of a person or organization violating any
9 provision of this chapter, or the administrative regulations promulgated thereunder,
10 relating to the sale, reporting of, or financial accountability for the sale of licenses
11 or permits which the agent is authorized to sell on behalf of the department.
12 (a) The initial determination to suspend or revoke an agent's status shall be made
13 by the commissioner, or by his designee; and the agent shall be informed of
14 the decision in writing.
15 (b) A decision of the commissioner or his designee may be appealed to the
16 commission in writing and received by the department within ten (10) days of
17 receipt of the commissioner's notice. Hearings of appeals shall be conducted
18 in accordance with KRS Chapter 13B.
19 (c) Appeals from a final order of the commission shall be to the Franklin Circuit
20 Court in accordance with KRS Chapter 13B.
21 (11) (a) The department shall by administration regulation develop a procedure to
22 inform every applicant for a license or permit made through the department
23 of the means and methods available for the applicant to register to vote in
24 the Commonwealth.
25 (b) The procedure required by this subsection shall include, at a minimum, a
26 requirement for the display of written material in any department location
27 where an applicant can apply for a license or permit, including a
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1 department Web site, which instructs the applicant to a county clerk's office
2 or the Web site of the State Board of Elections where the applicant may
3 register to vote.
4 (c) The procedure required by this subsection may also include a requirement
5 that every applicant who applies for a license or permit through the
6 department be asked if he or she is a registered voter and, if the applicant is
7 not a registered voter, if the applicant would like a voter registration card. If
8 the procedure includes the requirement in this paragraph, the department
9 shall maintain:
10 1. An adequate supply of current voter registration cards to provide to
11 any applicant; and
12 2. Written instructions on how to complete the form and to what office
13 the form should be submitted for completion of the registration
14 process.
15 (12) Penalties which the commissioner, his designee in writing, or the commission may
16 assess are:
17 (a) A suspension of the agent's status for not less than one (1) nor more than five
18 (5) years; or
19 (b) Revocation of the agent's status permanently, if a natural person, or for not
20 less than ten (10) years to permanently, if an organization.
21 (13)[(12)] Suspension periods shall not be waived, probated, or delayed by the
22 commissioner, his designee in writing, or the commission. The commission or the
23 Franklin Circuit Court, as appropriate, may reduce a suspension period ordered by
24 the commissioner or his designee in writing, but to not less than one (1) year, and
25 may reduce a revocation to a suspension.
26 (14)[(13)] The department may experiment with computerized, electronic, or other
27 improved forms of license and permit sales by the department and its agents.
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1 Experiments may be conducted on a regional or other basis. The commission shall
2 implement any improved method of license and permit sales finally selected, on a
3 statewide basis by administrative regulation.
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