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AN ACT relating to motor vehicles. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 304.39-087 is amended to read as follows: 3
(1) (a) [As used in this section, unless the context requires otherwise, "personal 4
motor vehicle" means: 5
(a) A private passenger motor vehicle that is not used as a public or livery 6
conveyance for passengers, nor rented to others; and 7
(b) Any other four-wheel motor vehicle that weighs six thousand (6,000) pounds 8
or less which is not used in the occupation, profession, or business of the 9
insured. 10
(2) Beginning January 1, 2006, ]Every insurer[insurance company] that provides 11
security covering[writes liability insurance on personal] motor vehicles 12
registered in Kentucky shall, within fifteen (15) days of the date of the 13
coverage or termination[between the first and fifteenth day of each month], 14
send to the Department of Vehicle Regulation[ a list of] the vehicle 15
identification number (VIN) of, and any other information required by the 16
department under paragraph (b) of this subsection for,[numbers (VINs) of] 17
each[ personal] motor vehicle that: 18
1. Becomes covered by security[liability insurance] issued by the insurer 19
for the first time or after a break in coverage; or 20
2. Has security issued by the insurer terminated due to cancellation, 21
nonrenewal, or any other reason[as of the last day of the preceding 22
month and the name of each personal motor vehicle insurance 23
policyholder]. 24
(b) The information required under paragraph (a) of this subsection shall be 25
submitted[ either] electronically to[or by paper copy at the option of] the 26
Department of Vehicle Regulation, which shall establish by administrative 27 UNOFFICIAL COPY 24 RS BR 968
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regulation: 1
1. The format for the submission of information; and 2
2. Any information relating to the coverage or termination that insurers 3
must submit to the department in addition to VINs. 4
(2)[(3)] In the absence of malice, fraud, or gross negligence, an[any] insurer and any 5
authorized employee of the[an] insurer shall not be subject to civil liability for libel, 6
slander, or any other relevant tort, and no civil cause of action of any nature shall 7
arise against the insurer or authorized employee, for submission of the information 8
required by[ subsection (2) of] this section, including submission of inaccurate or 9
incomplete information. 10
Section 2. KRS 186A.040 is amended to read as follows: 11
(1) (a) In accordance with this chapter and KRS Chapters 186 and 304, the 12
Department of Vehicle Regulation shall: 13
1. Provide and receive information on the insurance status of motor 14
vehicles registered in[ the Commonwealth of] Kentucky;[ pursuant to 15
KRS 304.39-087 and 304.39-085. The department shall ] 16
2. Continuously review and reconcile the information received under 17
subparagraph 1. of this paragraph to identify motor vehicles that are 18
not in compliance with Section 15 of this Act; and 19
3. Indicate[Provide] appropriate insurance information[ to the 20
Commonwealth Office of Technology for inclusion] in[ the] AVIS[ 21
database] to assist the department, county clerks, and law enforcement 22
in identifying[ uninsured] motor vehicles that are not in compliance 23
with Section 15 of this Act. 24
(b) If requested by the Department of Vehicle Regulation, the Commonwealth 25
Office of Technology shall provide support and assistance to implement and 26
effectuate this subsection. 27 UNOFFICIAL COPY 24 RS BR 968
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(2) (a) Upon indication in AVIS that a motor vehicle owner is not in compliance 1
with Section 15 of this Act[notification to the Department of Vehicle 2
Regulation from an insurance company of cancellation or nonrenewal of a 3
policy pursuant to KRS 304.39-085, or on and after January 1, 2006, if the 4
vehicle identification number (VIN) of a personal motor vehicle does not 5
appear in the database created by KRS 304.39-087 for two (2) consecutive 6
reporting months], the department shall immediately make a[ determination as 7
to the] notification under this subsection to the motor vehicle owner if one 8
(1) of the following does not occur within fifteen (15) days of the AVIS 9
indication: 10
1. AVIS lists the vehicle identification number of the motor vehicle as an 11
insured vehicle; or 12
2. AVIS indicates that an affidavit for the motor vehicle has been 13
provided in accordance with Section 3 of this Act[of the insured]. 14
(b) The notification to the owner shall: 15
1. Be in writing; 16
2. Specify the motor vehicle to which the notification pertains; and[to the 17
insured shall ] 18
3. State that: 19
a. The owner's insurance[insured's] policy or affidavit is no longer 20
valid;[ and that ] 21
b. The owner[insured] shall have ten (10)[thirty (30)] days to: 22
i. Show proof of insurance in compliance with Section 15 of 23
this Act to the county clerk or the department; 24
ii. Present an affidavit in accordance with Section 3 of this 25
Act to the county clerk or the department; or[. The 26
department shall further inform the insured that ] 27 UNOFFICIAL COPY 24 RS BR 968
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iii. Surrender the motor vehicle's license plate to the county 1
clerk or the department; 2
c. If proof[evidence] of insurance in compliance with Section 15 of 3
this Act, an affidavit in accordance with Section 3 of this Act, or 4
the motor vehicle's license plate is not received by the county 5
clerk or the department within ten (10) days of the date listed on 6
the notification,[thirty (30) days] the department shall revoke the 7
registration of the motor vehicle; and[ until: 8
1. The person presents proof of insurance to the county clerk and pays the 9
reinstatement fee required by KRS 186.180;] 10
d. If the registration for the owner's motor vehicle is revoked under 11
subdivision c. of this subparagraph, the owner shall, within 12
twenty (20) days from the date of revocation, either: 13
i. Reinstate the registration in accordance with subsection (4) 14
of Section 11 of this Act; or 15
ii. Surrender the motor vehicle's license plate to the county 16
clerk or the department. 17
[2. The person presents proof in the form of an affidavit stating, under 18
penalty of perjury as set forth in KRS 523.030, that the failure to 19
maintain motor vehicle insurance on the vehicle specified in the 20
department's notification is the result of the inoperable condition of the 21
motor vehicle; 22
3. The person presents proof in the form of an affidavit stating, under 23
penalty of perjury as set forth in KRS 523.030, that the failure to 24
maintain motor vehicle insurance on the vehicle specified in the 25
department's notification is the result of the seasonal nature of the 26
vehicle. The affidavit shall explain that when the vehicle is out of 27 UNOFFICIAL COPY 24 RS BR 968
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dormancy and when the seasonal use of the vehicle is resumed, the 1
proper security will be obtained; or 2
4. The person presents proof in the form of an affidavit stating, under 3
penalty of perjury as set forth in KRS 523.030, that he or she requires a 4
registered motor vehicle in order to carry out his or her employment and 5
that the motor vehicle that he or she drives during the course of his or 6
her employment meets the security requirement of Subtitle 39 of KRS 7
Chapter 304. The person shall also declare in the affidavit that he or she 8
will operate a motor vehicle only in the course of his or her 9
employment. If a person has his or her motor vehicle registration 10
revoked in accordance with this subsection three (3) times within any 11
twelve (12) month period, the revocations shall constitute a violation of 12
KRS 304.39-080. The department shall notify the county attorney to 13
begin prosecution for violation of subtitle 39 of KRS Chapter 304. 14
(b) The Department of Vehicle Regulation shall be responsible for notification to 15
the appropriate county attorney that a motor vehicle is not properly insured, if 16
the insured does not respond to notification set out by paragraph (a) of this 17
subsection. The notice that the department gives to the county attorney in 18
accordance with paragraph (a) of this subsection shall include a certified copy 19
of the person's driving record which shall include: 20
1. The notice that the department received from an insurance company that 21
a person's motor vehicle insurance policy has been canceled or has not 22
been renewed; and 23
2. A dated notice that the department sent to the person requiring the 24
person to present proof of insurance to the county clerk. 25
Upon notification by the department, a county attorney shall immediately 26
begin prosecution of the person who had his or her motor vehicle registration 27 UNOFFICIAL COPY 24 RS BR 968
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revoked three (3) times within any twelve (12) month period in accordance 1
with paragraph (a) of this subsection. 2
(c) The certified copies sent by the department described in paragraph (b) of this 3
subsection, shall be prima facie evidence of a violation of KRS 304.39-080. 4
(d) If the insured provides proof of insurance to the clerk within the thirty (30) 5
day notification period, the department shall ensure action is taken to denote a 6
valid insurance policy is in force.] 7
(3) (a) In developing the mechanism to electronically transfer information pursuant 8
to KRS 304.39-083 and 304.39-087, the commissioner of the Department of 9
Vehicle Regulation shall: 10
1. Consult with the commissioner of the Department of Insurance and 11
insurers of[ personal] motor vehicles to adopt a standardized system of 12
organizing, recording, and transferring the information so as to 13
minimize insurer administrative expenses; and[. The commissioner of 14
vehicle regulation shall ] 15
2. To the maximum extent possible, utilize nationally recognized 16
electronic data information systems such as those developed by the 17
American National Standards Institute or the American Association of 18
Motor Vehicle Administrators. 19
(b) Notwithstanding any other provision of law:[, ] 20
1. Information obtained by the department pursuant to KRS 304.39-083 21
and 304.39-087 shall not be: 22
a. Subject to the Kentucky Open Records Act, KRS 61.870[61.872] 23
to 61.884; or[, and shall not be ] 24
b. Disclosed, used, sold, accessed, or utilized in any manner, or 25
released by the department to any person, corporation, or state 26
or[and] local agency, except: 27 UNOFFICIAL COPY 24 RS BR 968
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i. In accordance with state law for the purposes specified by 1
this section; or 2
ii. In response to a specific individual request for the 3
information authorized pursuant to the[ federal] Driver's 4
Privacy Protection Act, 18 U.S.C. sec.[secs.] 2721 et seq.; 5
2. The department shall institute measures to ensure that only authorized 6
persons are permitted to access the information referenced in this 7
paragraph for the purposes specified by this section; and[.] 8
3. Persons who knowingly release or disclose the information referenced 9
in this paragraph[from the database created by KRS 304.39-087] for a 10
purpose other than those[ described as] authorized by this 11
paragraph[section] or to a person not entitled to receive it shall be 12
guilty of a Class A misdemeanor for each release or disclosure. 13
(4) (a) The owner of a motor vehicle for which the registration has been revoked 14
under this section shall be subject to a reinstatement fee of twenty dollars 15
($20). 16
(b) The reinstatement fee shall be equally divided between the county clerk and 17
the cabinet. 18
SECTION 3. A NEW SECTION OF KRS CHAPTER 186A IS CREATED TO 19
READ AS FOLLOWS: 20
(1) Subject to Section 4 of this Act, a person may provide to a county clerk or the 21
Department of Vehicle Regulation, at any time: 22
(a) Proof of insurance on a motor vehicle in compliance with Section 15 of this 23
Act in either a paper or an electronic format; 24
(b) An affidavit authorized under subsection (2) of this section for a motor 25
vehicle in either a paper or an electronic format; or 26
(c) A motor vehicle license plate for surrender. 27 UNOFFICIAL COPY 24 RS BR 968
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(2) (a) An owner, purchaser, or transferee of a motor vehicle may provide to a 1
county clerk or the Department of Vehicle Regulation an affidavit for the 2
motor vehicle, on the form promulgated under subsection (5) of this section, 3
stating under penalty of perjury as set forth in KRS 523.030 that: 4
1. The motor vehicle is inoperable; 5
2. The motor vehicle is operated seasonally, and that when the vehicle is 6
out of dormancy and the seasonal use of the vehicle is resumed, the 7
proper security will be obtained; 8
3. He or she requires a registered motor vehicle in order to carry out his 9
or her employment, the motor vehicle that he or she drives during the 10
course of his or her employment is in compliance with Section 15 of 11
this Act, and that he or she will operate the motor vehicle only in the 12
course of his or her employment; 13
4. The motor vehicle is operated exclusively on farms; or 14
5. The motor vehicle is only on the highway while being towed or hauled. 15
(b) An affidavit provided in accordance with this section: 16
1. Shall expire twelve (12) months after the date of presentation to the 17
clerk or department; 18
2. May be revoked by the affiant; 19
3. May be amended, replaced, or renewed at any time by the affiant by 20
providing a new affidavit in accordance with this section to the clerk 21
or the department; and 22
4. Shall not be in effect during any period when: 23
a. The affidavit is expired; or 24
b. The motor vehicle is owned, maintained, used, loaded, unloaded, 25
or operated in a manner that is inconsistent with the 26
circumstances set forth in the affidavit. 27 UNOFFICIAL COPY 24 RS BR 968
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(c) A clerk or the department shall provide an affiant an original or copy of any 1
affidavit provided in accordance with this section, which shall be marked by 2
the clerk or the department as having been provided in accordance with this 3
section. 4
(3) When proof of insurance, an affidavit, or a motor vehicle license plate is provided 5
to a county clerk or the Department of Vehicle Regulation in accordance with 6
this section, the clerk or the department, as applicable, shall note in AVIS with 7
respect to each motor vehicle, as applicable, that: 8
(a) Proof of insurance has been provided and the expiration date of the 9
insurance policy or coverage; 10
(b) An affidavit authorized under this section has been provided and the 11
expiration date of the affidavit; or 12
(c) A motor vehicle license plate has been surrendered and the date the license 13
plate was surrendered. 14
(4) When proof of insurance or an affidavit is provided in an electronic format, the 15
county clerk or the Department of Vehicle Regulation may require the person to 16
email the electronic proof of insurance or affidavit to the clerk or department, 17
and the clerk or department may print a copy of the proof of insurance or 18
affidavit for the clerk's or department's records. 19
(5) The commissioner of the Department of Insurance shall: 20
(a) Create, through administrative regulations promulgated pursuant to KRS 21
Chapter 13A: 22
1. Forms for the affidavits authorized under subsection (2) of this 23
section; and 24
2. A notice to applicants seeking a renewal of their motor vehicle 25
registration that: 26
a. Lists and explains the exceptions to maintaining continuous 27 UNOFFICIAL COPY 24 RS BR 968
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motor vehicle insurance under Section 15 of this Act; and 1
b. Informs the applicant that forms for completing an affidavit 2
under subsection (2) of this section are available: 3
i. In the county clerk's office; and 4
ii. At a website address listed in the notice; and 5
(b) Make the forms described in paragraph (a) of this subsection available to 6
the public in each county clerk's office and on the Department of 7
Insurance's website. 8
(6) As used in this section: 9
(a) "Electronic format" means the display of an image on any electronic 10
device, including a cellular phone or any other type of portable electronic 11
device, depicting a current valid representation of the proof of insurance or 12
affidavit; and 13
(b) "Proof of insurance on a motor vehicle in compliance with Section 15 of 14
this Act" means that all of the following are satisfied: 15
1. Either of the following are provided to the clerk or the department: 16
a. An insurance card provided under Section 17 of this Act; or 17
b. Any other documentation determined by the commissioner of the 18
Department of Insurance through the promulgation of an 19
administrative regulation pursuant to KRS Chapter 13A; 20
2. The card or other documentation provided under subparagraph 1. of 21
this paragraph includes: 22
a. The vehicle identification number of the motor vehicle or 23
another indication that the motor vehicle is covered or secured; 24
and 25
b. A coverage or security period that indicates that the coverage or 26
security is currently in effect; and 27 UNOFFICIAL COPY 24 RS BR 968
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3. At the time the card or other documentation is provided under 1
subparagraph 1. of this paragraph, there is not an indication in AVIS 2
that the coverage or security for the motor vehicle was terminated 3
after the date when the card or documentation indicates that the 4
coverage or security became effective. 5
Section 4. KRS 186A.042 is amended to read as follows: 6
(1) (a) Except as otherwise provided in this section[On and after January 1, 2006], a 7
county clerk shall not process an application for, nor issue, the following for 8
any motor vehicle, as defined in KRS 304.39-020, unless one (1) of the 9
circumstances in paragraph (b) of this subsection is satisfied[a]: 10
1.[(a)] A Kentucky title and registration or renewal of registration; 11
2.[(b)] A replacement plate, decal, or registration certificate; 12
3.[(c)] A duplicate registration; 13
4.[(d)] A transfer of registration; or 14
5.[(e)] A temporary tag.[;] 15
(b) At the time of the application: 16
1. AVIS: 17
a. Lists[ for any personal motor vehicle as defined in KRS 18
304.39-087(1) if AVIS does not list] the vehicle identification 19
number of the[ personal] motor vehicle as an insured vehicle; or 20
b. Indicates that an unexpired affidavit for the motor vehicle has 21
been provided in accordance with Section 3 of this Act; or 22
2. The applicant provides an affidavit for the motor vehicle in 23
accordance with Section 3 of this Act[, except as provided in subsection 24
(2) of this section]. 25
(2) If none of the circumstances in subsection (1)(b) of this section are 26
satisfied[AVIS does not list the vehicle identification number of the personal motor 27 UNOFFICIAL COPY 24 RS BR 968
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vehicle as an insured vehicle], the county clerk may process the application if: 1
(a) The applicant presents proof of insurance in accordance with subsection 2
(1)(a) of Section 3 of this Act[has an insurance card in paper or electronic 3
format that indicates the required security is currently in full force on the 4
personal motor vehicle if the paper or electronic proof of insurance card was 5
effective no more than forty-five (45) days before the application is submitted 6
to the county clerk]; or 7
(b) The owner of the motor vehicle: 8
1. Is serving in the Armed Forces outside of Kentucky;[,] and[ the owner ] 9
2. Provides an affidavit by the provost marshal of the base where the 10
owner is stationed stating that the motor vehicle is covered by security 11
as required by Subtitle 39 of KRS Chapter 304. 12
(3) When processing an application for renewal of a motor vehicle registration, a 13
county clerk shall provide the applicant with a copy of the notice promulgated 14
under subsection (5)(a)2. of Section 3 of this Act. 15
(4) This section shall not apply to any transactions involving Kentucky motor vehicle 16
dealers who are licensed as required by KRS 190.030. 17
[(4) For purposes of this section: 18
(a) An insurance card in an electronic format means the display of an image 19
subject to immediate download or transmission from the applicant's insurer or 20
agent to the applicant on any portable electronic device, including a cellular 21
phone or any other type of portable electronic device, but shall not include a 22
photographic copy of a paper insurance card on a portable electronic device; 23
and 24
(b) The county clerk may require the applicant to e-mail the electronic insurance 25
card to the clerk, and the clerk may print a copy of the card for the clerk's 26
records.] 27 UNOFFICIAL COPY 24 RS BR 968
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Section 5. KRS 186A.100 is amended to read as follows: 1
(1) (a) A motor vehicle dealer licensed under KRS 186.070 who sells a vehicle for 2
use upon the highways of this state shall equip the vehicle with a temporary 3
tag executed in the manner prescribed below, which shall be valid for sixty 4
(60) days from the date the vehicle is delivered to the purchaser. 5
(b) The cost of the tag shall be two dollars ($2), of which the county clerk shall 6
retain one dollar ($1). 7
(c) A motor vehicle dealer licensed under KRS 186.070 shall apply to the county 8
clerk of the county in which the dealer maintains his or her principal place of 9
business for issuance of temporary tags. Application shall be made for such 10
tags on forms supplied to the county clerk by the Transportation Cabinet. 11
(2) The county clerk of any county who receives a proper application for issuance of 12
temporary tags shall record the number of each tag issued upon the application of 13
the dealer for such tags, or if a group of consecutively numbered temporary tags are 14
issued to a dealer in connection with a single application, record the beginning and 15
ending numbers of the group on the application. 16
(3) The clerk shall retain, for a period of two (2) years, one (1) copy of the dealer's 17
temporary tag application, and ensure that it reflects the numbers appearing on the 18
tags issued with respect to such application. 19
(4) (a) If the owner of a motor vehicle submits to the county clerk a properly 20
completed application for Kentucky certificate of title and registration 21
pursuant to KRS 186A.120, any motor vehicle required to be registered and 22
titled in Kentucky, that is not currently registered and titled in Kentucky, may 23
be equipped with a temporary tag, which shall be valid for sixty (60) days 24
from the date of issuance, issued by the county clerk for the purpose of 25
operating the vehicle in Kentucky while assembling the necessary documents 26
in order to title and register the vehicle in Kentucky. 27 UNOFFICIAL COPY 24 RS BR 968
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(b) The Transportation Cabinet may promulgate[establish] administrative 1
regulations in accordance with KRS Chapter 13A governing this 2
subsection[section]. 3
(5) (a) The county clerk may issue a temporary tag to the owner of a motor vehicle 4
that is currently registered and titled in Kentucky. 5
(b) A temporary tag authorized by this subsection shall be used for emergency or 6
unusual purposes as determined by the county clerk for the purpose of 7
maintaining the owner's current registration. 8
(c) A temporary tag authorized by this subsection may only be issued by the 9
county clerk and shall be valid for a period of between twenty-four (24) hours 10
and seven (7) days, as determined is necessary by the clerk. 11
(d) A county clerk shall not issue a temporary tag authorized by this subsection 12
unless[ the owner of the motor vehicle applying for the tag presents] proof of[ 13
motor vehicle] insurance or an affidavit for the motor vehicle is presented to, 14
or confirmed in AVIS by, the clerk in compliance with Sections 3 and 4 of 15
this Act[pursuant to KRS 304.39-080. On and after January 1, 2006, If the 16
motor vehicle is a personal motor vehicle as defined in KRS 304.39-087, 17
proof of insurance shall be determined by the county clerk as provided in 18
KRS 186A.042]. 19
(e) A temporary tag issued pursuant to this subsection shall not be reissued by the 20
county clerk for the same owner and same motor vehicle within one (1) year 21
of issuance of a temporary tag. 22
Section 6. KRS 186A.115 is amended to read as follows: 23
(1) (a) Except as otherwise provided in this section, the owner of every vehicle 24
brought into this state and required to be titled in this state shall, before 25
submitting his or her application for title to the county clerk, have the vehicle 26
together with his or her application for title and its supporting documents 27 UNOFFICIAL COPY 24 RS BR 968
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inspected by a certified inspector in the county in which the application for 1
title is to be submitted to the county clerk. 2
(b) An owner of a military surplus vehicle seeking title in this state shall, before 3
submitting his or her application for title to the county clerk, have the vehicle 4
together with his or her application for title and its supporting documents 5
inspected by a certified inspector in the county in which the application for 6
title is to be submitted to the county clerk. 7
(2) For inspections under this section: 8
(a) The certified inspector shall be certified through the Department of Vehicle 9
Regulation following requirements set forth by the department by regulation 10
and shall be designated by the county sheriff. The certified inspector will be 11
held responsible for all certifications required pursuant to this chapter and will 12
be liable for any and all penalties prescribed in this chapter, and shall be 13
available during regular office hours at any and all offices and branches that 14
issue applications for titles; 15
(b) There shall be a five dollar ($5) fee for this certification, payable to the 16
sheriff's office, upon completion of certification; 17
(c) There shall be an additional fee of ten dollars ($10) per trip when it becomes 18
necessary for the certified inspector to travel to the site of the vehicle rather 19
than bringing the vehicle to the sheriff's inspection area; and 20
(d) An inspection conducted in one (1) county within the Commonwealth of 21
Kentucky under this subsection, and the fees paid for that inspection under 22
this subsection, shall be honored by the certified inspector, sheriff, and county 23
clerk in all other counties within this state. A second inspection shall not be 24
required and additional fees shall not be required. 25
(3) (a) The Transportation Cabinet may require that modifications be made to a 26
military surplus vehicle. 27 UNOFFICIAL COPY 24 RS BR 968
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(b) Any modifications required by the cabinet under this subsection[section] shall 1
be made to the military surplus vehicle prior to its inspection. 2
(4) (a) The Transportation Cabinet shall promulgate administrative regulations 3
pursuant to KRS Chapter 13A to implement the provisions of subsections 4
(1)(b) and (3) of this section, including but not limited to vehicle modification 5
requirements and the creation of a separate inspection form. 6
(b) The Transportation Cabinet shall note that military vehicles were originally 7
manufactured under the federally mandated requirements set forth in 49 8
C.F.R. sec. 571.7 and shall only require these vehicles to meet applicable 9
federal motor vehicle safety standards. 10
(5) The following vehicles are excluded from the requirement of inspection by a 11
certified inspector prior to titling in this state: 12
(a) New motor vehicles sold by a dealer licensed in this state; 13
(b) Vehicles required to be registered in this state by reason of lack of a 14
reciprocity agreement with another state and for which a nonnegotiable 15
registration document is to be issued; 16
(c) Motor vehicles operated by a motor carrier under a nonnegotiable certificate 17
or permit issued by the Department of Vehicle Regulation; 18
(d) Motor vehicles owned by servicemen or servicewomen who are residents of 19
Kentucky stationed outside of Kentucky may be inspected by the post provost 20
or similar officer of the camp, post, or station. The post provost or similar 21
officer shall submit an affidavit stating the name of the owner, the 22
identification or serial number, the make, body style, current license or title 23
number, if any, and state in which currently registered or titled, if any, of the 24
motor vehicle; 25
(e) Motor vehicles purchased in another state by persons who are residents of 26
Kentucky but are temporarily residing out of state for at least thirty (30) days, 27 UNOFFICIAL COPY 24 RS BR 968
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but not longer than nine (9) months, may after the purchase of the vehicle be 1
inspected by the state police, a local law enforcement agency, or the vehicle 2
inspection program of another state. If an inspector in another state examines 3
a vehicle under this paragraph, the purchaser may request the inspector to 4
complete an affidavit stating the name of the owner, the vehicle identification 5
number, the vehicle make and body style, the current state of registration, if 6
any, and the current vehicle license or title number, if any. The Transportation 7
Cabinet shall create an affidavit form containing at a minimum this 8
information and shall post the form on the cabinet's website[ Internet Web 9
site]. A person using an inspector in another state under this paragraph shall 10
comply with all requirements of that state's inspection program, including 11
payment of fees charged in that state. A person registering a motor vehicle for 12
the first time in Kentucky under this paragraph shall transmit the application 13
for registration, all supporting documentation, and payment for registration 14
and usage tax to the county clerk of the county in which the person resides, 15
and upon receipt of the appropriate documentation, the county clerk shall 16
register the vehicle; and 17
(f) Motor vehicles no longer located in Kentucky but which require inspection in 18
order to issue a corrected Kentucky title due to error in vehicle identification 19
or serial number may be inspected by an inspector authorized to inspect 20
vehicle identification or serial number by the laws of the state or foreign 21
country where application for a new title has been submitted. 22
(6) When presented to a certified inspector for inspection or to a county clerk for 23
processing, the owner's application for a first certificate of registration or title in his 24
or her name shall be accompanied by proof of insurance or an affidavit for the 25
motor vehicle, which shall be presented to, or confirmed in AVIS by, the clerk in 26
compliance with Sections 3 and 4 of this Act,[KRS 304.39-080] and one (1) of the 27 UNOFFICIAL COPY 24 RS BR 968
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following documents as applicable: 1
(a) If the vehicle is a new vehicle not previously registered in this state, the 2
properly assigned manufacturer's statement of origin for the vehicle for which 3
registration or title is sought; 4
(b) If the vehicle was last registered in this state, and is a vehicle for which a title 5
is not required in this state, a certificate of registration, or if the vehicle is one 6
for which a certificate of title is required in this state, a properly assigned 7
certificate of title; 8
(c) If the vehicle was last previously titled in another state, a properly assigned 9
certificate of title; 10
(d) If the application refers to a vehicle previously registered in another country, 11
the documents of that country establishing ownership of the vehicle; 12
(e) If the application refers to a vehicle last previously registered in another 13
country by a person on active duty in the Armed Forces of the United States, 14
the county clerk may accept on behalf of the Department of Vehicle 15
Regulation evidence of ownership provided the applicant by the United States 16
Department of Defense; and 17
(f) Except as provided in KRS 186A.072(2)(c) governing custom-built 18
motorcycles, if the application relates to a vehicle which has been specially 19
constructed or reconstructed, that fact shall be stated in the application, and 20
the application shall be accompanied by the documents specified by 21
administrative regulations of the Department of Vehicle Regulation. 22
(7) When registration or title is sought in this state and the certified inspector is 23
requested to inspect a vehicle pursuant to this section, the[ certified] inspector shall: 24
(a) Personally and physically inspect the vehicle;[, when registration or title is 25
sought in this state, on the following points:] 26
(b)[(a)] [He or she shall ]Ensure that the application is legible and properly 27 UNOFFICIAL COPY 24 RS BR 968
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executed to the extent required at the time of execution; 1
(c)[(b)] [He or she shall ]Compare the vehicle identification number as 2
appearing on both the vehicle identification number plate, and the federal 3
safety standards label of the vehicle which is sought to be registered or titled, 4
with the corresponding number inscribed on the application, and its 5
supporting documentation, and ensure that the vehicle identification number 6
appearing at each described location appears legitimate and that they are 7
consistent with each other; 8
(d)[(c)] [He or she shall ]Examine the primary odometer of the vehicle and 9
legibly record the reading in the space provided in the inspection section of 10
the application; and 11
(e)[(d)] After exercising due diligence in inspecting the vehicle, the application, 12
and its supporting documentation, and finding that they appear to be in order, 13
[the certified inspector shall ]execute the preprinted certificate of inspection 14
according to its terms by printing in the spaces provided his or her first name, 15
middle initial, and last name, and his or her title; the name of the county in 16
which he or she serves; and the telephone number including the telephone 17
area code of his or her agency, and sign in ink his or her signature in the space 18
provided, and print the month, day, and year in which his or her inspection 19
was made, certifying under penalty of forgery in the second degree the 20
character, accuracy, and date of his or her inspection. 21
(8) The certified inspector shall refrain from executing the certificate of inspection if: 22
(a) He or she has not personally and physically inspected the vehicle in 23
accordance with this section; 24
(b) He or she has reason to believe that the vehicle displays an unlawfully altered 25
vehicle identification number; 26
(c) The application and any of its copies are illegible or otherwise improperly 27 UNOFFICIAL COPY 24 RS BR 968
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executed, or contain information reasonably believed to be inaccurate or 1
fraudulent; 2
(d) The documentation required in support of any application is not present, or 3
not consistent with the vehicle and the owner's application or appears 4
fraudulent; or 5
(e) He or she has probable cause to believe the vehicle is stolen. 6
(9) (a) Inspections on motor vehicles that meet the definition of a "historic vehicle" 7
under KRS 186.043(2) and are brought into this state shall be limited to 8
verification of the vehicle identification number with supporting 9
documentation for purposes of titling. 10
(b) Inspections on motor vehicles that meet the definition of a classic motor 11
vehicle project as set forth in KRS 186A.510 shall be limited to verification of 12
the vehicle identification number with supporting documentation for purposes 13
of issuing a classic motor vehicle project certificate of title under KRS 14
186A.535(1). 15
Section 7. KRS 186A.220 is amended to read as follows: 16
(1) Except as otherwise provided in this chapter, when any motor vehicle dealer 17
licensed in this state buys or accepts[ such] a motor vehicle in trade, which has been 18
previously registered or titled for use in this or another state, and which the 19
dealer[he] holds for resale, the dealer[he] shall not be required to obtain a 20
certificate of title for it, but shall, within fifteen (15) days after acquiring the[such] 21
vehicle, notify the county clerk of the assignment of the motor vehicle to the[his] 22
dealership and pay the required transferor fee. 23
(2) Upon purchasing[ such] a motor vehicle or accepting it in trade, the dealer shall 24
obtain from the[his] transferor, properly executed, all documents required by KRS 25
186A.215, to include the odometer disclosure statement thereon, together with a 26
properly assigned certificate of title. 27 UNOFFICIAL COPY 24 RS BR 968
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(3) The dealer shall execute his or her application for assignment upon documents 1
designated by the Department of Vehicle Regulation[,] to the county clerk of the 2
county in which the dealer[he] maintains his or her principal place of business. 3
The[Such] clerk shall enter the assignment upon the automated system. 4
(4) (a) The dealer shall retain the properly assigned certificate of title received from 5
the[his] transferor[,] and may make any reassignments thereon until the forms 6
for dealer assignment on the certificate of title are exhausted. 7
(b) The Department of Vehicle Regulation may, if it deems it warranted, provide 8
a special document to allow for additional dealer assignments without 9
requiring system generated documents. 10
(5) (a) When a dealer assigns the vehicle to a purchaser for use, the dealer[he] shall 11
deliver the properly assigned certificate of title, and other documents if 12
appropriate, to the[such] purchaser, who shall make application for 13
registration and a certificate of title thereon. 14
(b) The dealer may, with the consent of the purchaser, deliver the assigned 15
certificate of title, and other appropriate documents of a new or used vehicle, 16
directly to the county clerk, and on behalf of the purchaser, make application 17
for registration and a certificate of title. In so doing, the dealer shall require 18
from the purchaser proof of insurance in compliance with[as mandated by] 19
KRS 304.39-080 or an affidavit authorized under Section 3 of this Act 20
before delivering possession of the vehicle. 21
(c) Notwithstanding the provisions of KRS 186.020, 186A.065, 186A.095, 22
186A.215, and 186A.300, if a dealer elects to deliver the title documents to 23
the county clerk and has not received a clear certificate of title from a prior 24
owner, the dealer shall retain the documents in his or her possession until the 25
certificate of title is obtained. 26
(d) When a dealer assigns a vehicle to a purchaser for use under paragraph (a) of 27 UNOFFICIAL COPY 24 RS BR 968
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this subsection, the transfer and delivery of the vehicle is effective 1
immediately upon the delivery of all necessary legal documents, or copies 2
thereof, including proof of insurance in compliance with[as mandated by] 3
KRS 304.39-080 or an affidavit authorized under Section 3 of this Act. 4
(6) The department may make available, upon proper application from a licensed motor 5
vehicle dealer, electronic means by which the dealer can interface directly with 6
AVIS and the department. If the department grants this access, all fees currently 7
required for the issuance of a certificate of title shall continue to be charged and 8
remitted to the appropriate parties as provided by statute. 9
(7) The Department of Vehicle Regulation shall assure that the automated system is 10
capable of accepting instructions from the county clerk that a certificate of title 11
shall not be produced under a dealer registration situation. 12
Section 8. KRS 186A.990 is amended to read as follows: 13
(1) Any person who knowingly gives false, fraudulent, or erroneous information in 14
connection with an application for the registration, and when required, titling of a 15
vehicle, or any application for assignment of a vehicle identification number, or 16
replacement documents, or gives information in connection with his or her review 17
of applications, or falsely certifies the truthfulness and accuracy of information 18
supplied in connection with the registration and when required, titling of a vehicle, 19
shall be guilty of forgery in the second degree. 20
(2) Any person who violates KRS 186A.260 or KRS 186A.275 to 186A.285 shall be 21
guilty of a Class D felony. 22
(3) Any person who violates KRS 186A.300 to 186A.315 shall be guilty of a Class D 23
felony. 24
(4) Any person who operates a motor vehicle or trailer upon the highways of this state 25
without a temporary tag when one is required, or with one that is expired, 26
improperly executed, or displayed on a vehicle other than the one[ (1)] to which it 27 UNOFFICIAL COPY 24 RS BR 968
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was legitimately and lawfully issued, shall be guilty of a Class B misdemeanor. 1
(5) Any person who violates the disclosure provisions of KRS 186A.530(8) shall be 2
guilty of a Class A misdemeanor. 3
(6) (a) The Department of Vehicle Regulation shall make a notification in AVIS of 4
a violation of subsection (2)(b)3.d. of Section 2 of this Act relating to a 5
motor vehicle, as soon as practicable after the violation occurs, unless at the 6
time of entry: 7
1. The motor vehicle's registration has been reinstated in accordance 8
with subsection (4) of Section 11 of this Act; or 9
2. The motor vehicle license plate has been surrendered. 10
(b) Members of the Department of Kentucky State Police and local police 11
agencies may seize a motor vehicle license plate if, at the time of seizure: 12
1. AVIS indicates a violation of subsection (2)(b)3.d. of Section 2 of this 13
Act relating to the motor vehicle; and 14
2. The motor vehicle's registration has not been reinstated under 15
subsection (4) of Section 11 of this Act. 16
(7) Any person who violates any provisions of this chapter, or regulations promulgated 17
pursuant thereto, and for which a specific penalty is not prescribed by statute, shall 18
be guilty of a Class A misdemeanor. 19
(8)[(7)] Criminal remedies or sanctions provided in this chapter are in addition to, and 20
not exclusive of, any other criminal remedies or sanctions provided elsewhere in the 21
statutes. 22
Section 9. KRS 186.021 is amended to read as follows: 23
(1) Except as provided in subsection (2) of this section, a county clerk shall not issue a 24
replacement plate, decal, or registration certificate as provided in KRS 186.180[,] or 25
a registration for renewal to any person who on January 1 of any year owned a 26
motor vehicle on which state, county, city, urban-county government, school, or 27 UNOFFICIAL COPY 24 RS BR 968
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special taxing district ad valorem taxes are delinquent. 1
(2) (a) Pursuant to KRS 134.810(4), the owner, as defined in KRS 186.010(7)(a) and 2
(c), on January 1 of any year shall be liable for taxes due on a motor vehicle. 3
(b) A person other than the owner of record who applies to a county clerk to 4
transfer the registration of a motor vehicle may pay any delinquent ad valorem 5
taxes due on the motor vehicle to facilitate the county clerk's transferring 6
registration of the motor vehicle. 7
(c) The person applying shall not, as a condition of registration, be required to 8
pay delinquent ad valorem taxes due on any other motor vehicle owned by the 9
owner of record from which the applicant[he] is purchasing the[his] motor 10
vehicle[ as a condition of registration]. 11
(3) A county clerk shall not issue a replacement plate, decal, or registration certificate 12
as provided in KRS 186.180[,] or a registration renewal for any motor vehicle 13
unless proof of insurance or an affidavit for the motor vehicle is provided to, or 14
confirmed in AVIS by, the clerk in compliance with Sections 3 and 4 of this 15
Act[that is not insured in compliance with KRS 304.39-080. Each applicant for 16
registration renewal shall present proof of compliance to the county clerk in a 17
manner prescribed in administrative regulations issued by the Department of 18
Insurance. On and after January 1, 2006, If the motor vehicle is a personal motor 19
vehicle as defined in KRS 304.39-087, proof of insurance shall be determined by 20
the county clerk as provided in KRS 186A.042]. 21
Section 10. KRS 186.068 is amended to read as follows: 22
(1) (a) Individual sellers or owners of motor vehicles that would ordinarily be 23
registered under KRS 186.050(3) may obtain a transit tag from the 24
Transportation Cabinet in order to transport the motor vehicle out of state. 25
(b) The fee for each transit tag issued shall be five dollars ($5). 26
(2) A transit tag issued under this section shall be issued only for a motor vehicle which 27 UNOFFICIAL COPY 24 RS BR 968
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is ineligible for: 1
(a) Registration under KRS 186.050; or 2
(b) Temporary registration under KRS 186A.100. 3
(3) (a) The Transportation Cabinet shall promulgate administrative regulations 4
pursuant to KRS Chapter 13A to establish application forms and procedures 5
for the issuance of transit tags. 6
(b) The application for a transit tag under this section shall be accompanied by: 7
1. Proof of vehicle ownership; and 8
2. Either: 9
a. Proof of insurance[ coverage] in compliance with KRS 304.39-10
080; or 11
b. An affidavit authorized under Section 3 of this Act. 12
(4) A transit tag issued under this section shall be placed on a motor vehicle in the same 13
manner as a regular license plate. 14
(5) Transit tags issued under this section shall: 15
(a) Expire fifteen (15) days from the date of issuance;[,] and[ shall ] 16
(b) Be designed in a manner that clearly identifies the expiration date on the face 17
of the tag in a tamper-resistant manner. 18
(6) This section shall not apply to motor vehicle dealers or distributors licensed under 19
KRS Chapter 190. 20
Section 11. KRS 186.180 is amended to read as follows: 21
(1) (a) If an[the] owner loses his or her copy of a registration or transfer receipt, the 22
owner[he or she] may obtain a duplicate from the county clerk who issued the 23
present owner's copy of the receipt if:[by] 24
1. [Presenting the clerk ]Proof of insurance or an affidavit for[on] the 25
motor vehicle is provided to, or confirmed in AVIS by, the clerk in 26
compliance with Sections 3 and 4 of this Act, except that proof of 27 UNOFFICIAL COPY 24 RS BR 968
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insurance or an affidavit shall not be required for duplicates applied 1
for by motor vehicle dealers as defined in KRS 190.010;[KRS 304.39-2
080, and by ] 3
2. The owner files[Filing] an affidavit, upon a form furnished by the 4
cabinet; and[. ] 5
3. The owner pays[shall pay] to the clerk a fee of three dollars ($3)[, 6
except proof of insurance shall not be required for duplicates applied for 7
by motor vehicle dealers as defined in KRS 190.010]. 8
(b) When an[the] owner's copy of any registration or transfer receipt shows that 9
the spaces provided thereon for noting and discharging security interests have 10
been exhausted, the owner may obtain a duplicate from[apply to] the county 11
clerk who issued the receipt if:[in order to obtain a duplicate thereof.] 12
1. The owner surrenders[shall surrender] his or her copy of the current 13
receipt to the clerk;[ and provide ] 14
2. Proof of insurance or an affidavit for[on] the motor vehicle is provided 15
to, or confirmed in AVIS by, the clerk in compliance with Sections 3 16
and 4 of this Act, except that proof of insurance or an affidavit shall 17
not be required for duplicates applied for by motor vehicle dealers as 18
defined in KRS 190.010; and[KRS 304.39-080, before a duplicate may 19
be issued.] 20
3. The owner pays[shall pay] the clerk a fee of three dollars ($3)[, except 21
proof of insurance shall not be required for duplicates applied for by 22
motor vehicle dealers as defined in KRS 190.010]. 23
(c) Any security interest which has been discharged as shown by the records of 24
the clerk or upon the owner's copy of the current receipt shall be omitted from 25
the duplicate receipt to be issued by the clerk. 26
(2) (a) If an[the] owner loses a registration plate, the owner[he or she] shall: 27 UNOFFICIAL COPY 24 RS BR 968
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1. Surrender his or her registration receipt to the county clerk from whom 1
it was obtained; and 2
2. File a written statement as to the loss of the plate. 3
(b) [Upon presenting the clerk proof of insurance on the motor vehicle in 4
compliance with KRS 304.39-080, and upon the payment of the sum of three 5
dollars ($3) for each plate and a fee of three dollars ($3) to the clerk for his or 6
her services, ]The owner shall be issued another registration receipt and a 7
plate or plates, which shall bear a different number from that of the lost plate, 8
if: 9
1. Proof of insurance or an affidavit for the motor vehicle is provided to, 10
or confirmed in AVIS by, the clerk in compliance with Sections 3 and 11
4 of this Act; and 12
2. The owner pays the sum of: 13
a. Three dollars ($3) for each plate; and 14
b. Three dollars ($3) to the clerk for his or her services. 15
(c) The clerk shall: 16
1. Retain the owner's statement;[ and ] 17
2. Retain, as applicable, a copy of the owner's proof of insurance or 18
affidavit;[, and shall ] 19
3. Make a notation on the triplicate copy of the surrendered registration 20
receipt stating the number of the registration receipt replacing it; and[. ] 21
4. Forward the original copy of the surrendered receipt[ shall be 22
forwarded] to the cabinet. 23
(d) The cabinet shall: 24
1. Immediately[forthwith] cancel the registration corresponding to the 25
number of the lost plate; and 26
2. Report[.] the cancellation[ shall be reported by the cabinet] to the 27 UNOFFICIAL COPY 24 RS BR 968
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commissioner of the Department of Kentucky State Police. 1
(e) Any person finding a lost registration plate shall deliver it to the 2
Transportation Cabinet or to any county clerk for forwarding it to the cabinet. 3
(3) (a) If an[the] owner moves from one (1) county into another county of the 4
Commonwealth, the owner[he or she] may obtain from the county clerk of 5
his or her county of residence a new registration receipt and registration 6
plate bearing the name of the county of residence if:[. In order to obtain a new 7
registration plate, the owner shall surrender ] 8
1. The owner surrenders his or her current registration receipt and current 9
registration plate to the[ county] clerk;[. Upon being provided with ] 10
2. Proof of insurance or an affidavit for[on] the motor vehicle is provided 11
to, or confirmed in AVIS by, the clerk in compliance with Sections 3 12
and 4 of this Act[KRS 304.39-080, the clerk]; and[ shall provide the 13
owner with a new registration receipt and plate bearing the county 14
name] 15
3. The owner pays a fee of five dollars ($5) to the clerk, of which the 16
clerk shall be entitled to three dollars ($3) and the cabinet shall be 17
entitled to two dollars ($2). 18
(b) The surrendered receipt and plate shall be forwarded by the county clerk to 19
the[ Transportation] cabinet.[ The fee for this registration shall be five dollars 20
($5) of which the clerk shall be entitled to three dollars ($3) and the cabinet 21
shall be entitled to two dollars ($2).] 22
(4) If an[the] owner's registration is revoked as a result of the provisions set forth in 23
KRS 186A.040(2), the owner may have his or her registration reinstated by the 24
county clerk who issued the present owner's copy of the receipt if[by presenting the 25
clerk proof of]: 26
(a) The owner pays the clerk the reinstatement fee required under Section 2 of 27 UNOFFICIAL COPY 24 RS BR 968
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this Act; and 1
(b) Proof of insurance or an affidavit on the motor vehicle is provided to, or 2
confirmed in AVIS by, the clerk in compliance with Sections 3 and 4 of this 3
Act[KRS 304.39-080 and by filing an affidavit upon a form furnished by the 4
cabinet; or 5
(b) A valid compliance or exemption certificate in compliance with KRS 224.20-6
720 or issued under the authority of an air pollution control district under 7
KRS 224.20-760. 8
(5) The owner of a motor vehicle that has the vehicle's registration revoked under KRS 9
186.290 shall pay to the clerk a fee of twenty dollars ($20), which shall be equally 10
divided between the county clerk and the cabinet. 11
(6) On and after January 1, 2006, If the motor vehicle is a personal motor vehicle as 12
defined in KRS 304.39-087, proof of insurance required under this section shall be 13
determined by the county clerk as provided in KRS 186A.042]. 14
Section 12. KRS 186.190 is amended to read as follows: 15
(1) (a) Except as provided for in paragraph (e) of this subsection, when a motor 16
vehicle that has been previously registered changes ownership, the registration 17
plate shall not remain upon the motor vehicle, but shall be retained by the 18
seller and may be transferred to another vehicle owned or leased by the seller 19
in accordance with paragraph (b) or (c) of this subsection. 20
(b) An individual who sells a motor vehicle which has a valid registration plate 21
may transfer that plate to another vehicle of the same classification at the time 22
the individual transfers the vehicle. If the individual does not have a vehicle to 23
transfer the plate to at the time the individual sells a vehicle, the individual 24
may hold the registration plate for the period of registration. At any time 25
during the period of registration, the individual shall notify the county clerk 26
and transfer the plate to a vehicle of the same classification that he or she has 27 UNOFFICIAL COPY 24 RS BR 968
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obtained prior to operating that vehicle on a public highway. If the plate 1
transfer occurs in the final month in which the existing registration is still 2
valid, the individual shall be required to renew the registration on the newly 3
acquired vehicle. 4
(c) An individual who trades in a motor vehicle with a valid registration plate 5
during the purchase of a motor vehicle from a licensed motor vehicle dealer 6
shall remove the plate from the vehicle offered in trade. A photocopy of the 7
valid certificate of registration shall be included with the application for title 8
and registration for the purchased vehicle, and the plate shall be retained by 9
the purchaser. The dealer shall equip the purchased vehicle with a temporary 10
tag in accordance with KRS 186A.100 before the buyer may operate it on the 11
highway. When the buyer receives a valid certificate of registration from the 12
county clerk, the buyer shall remove the temporary tag and affix the 13
registration plate to the vehicle. 14
(d) All vehicle transfers and registration plate transfers shall be initiated within 15
the fifteen (15) day period established under KRS 186.020 and 186A.070. 16
(e) This subsection shall not apply to transfers between motor vehicle dealers 17
licensed under KRS Chapter 190. A secured party who repossesses a vehicle 18
shall comply with KRS 186.045(6). 19
(2) (a) A person shall not purchase, sell, or trade any motor vehicle without 20
delivering to the county clerk of the county in which the sale or trade is made: 21
1. The title;[,] and 22
2. A notarized affidavit, if required and available under KRS 138.450, 23
attesting to the total and actual consideration paid or to be paid for the 24
motor vehicle. 25
(b) Except for transactions handled by a motor vehicle dealer licensed pursuant to 26
KRS Chapter 190,[ the person who is purchasing the vehicle shall present] 27 UNOFFICIAL COPY 24 RS BR 968
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proof of insurance or an affidavit shall be provided to, or confirmed in AVIS 1
by, the county clerk in compliance with Sections 3 and 4 of this Act[KRS 2
304.39-080 to the county clerk] before the clerk transfers the registration on 3
the vehicle.[ Proof of insurance shall be in the manner prescribed in 4
administrative regulations promulgated by the Department of Insurance 5
pursuant to KRS Chapter 13A. On and after January 1, 2006, If the motor 6
vehicle is a personal motor vehicle as defined in KRS 304.39-087, proof of 7
insurance shall be determined by the county clerk as provided in KRS 8
186A.042.] 9
(3) (a) Upon delivery of the title[,] and a notarized affidavit, if required and available 10
under KRS 138.450, attesting to the total and actual consideration paid or to 11
be paid for the motor vehicle to the county clerk of the county in which the 12
sale or trade was made, the seller shall pay to the county clerk a transfer fee of 13
two dollars ($2), which shall be remitted to the Transportation Cabinet. 14
(b) If an affidavit is required, and available, the signatures on the affidavit shall 15
be individually notarized before the county clerk shall issue to the purchaser a 16
transfer of registration bearing the same data and information as contained on 17
the original registration receipt, except the change in name and address. 18
(c) The seller shall pay to the county clerk a fee of six dollars ($6) for the 19
clerk's[his] services. 20
(4) (a) If the owner junks or otherwise renders a motor vehicle unfit for future use, 21
the owner[he] shall deliver the registration plate and registration receipt to the 22
county clerk of the county in which the motor vehicle is junked. 23
(b) The county clerk shall return the plate and motor vehicle registration receipt 24
to the Transportation Cabinet. 25
(c) The owner shall pay to the county clerk one dollar ($1) for the clerk's[his] 26
services. 27 UNOFFICIAL COPY 24 RS BR 968
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(5) A licensed motor vehicle dealer shall not be required to pay the transfer fee 1
provided by this section, but shall be required to pay the county clerk's fee provided 2
by this section. 3
(6) The motor vehicle registration receipt issued by the clerk under this section shall 4
contain information required by the Department of Vehicle Regulation. 5
Section 13. KRS 186.232 is amended to read as follows: 6
(1) The county clerk shall not transfer the registration on any motor vehicle or trailer 7
against which a tax lien has been filed until the taxes have been paid and the lien 8
has been released. 9
(2) The county clerk shall not transfer the registration of any motor vehicle unless[ the 10
transferee presents] proof of insurance or an affidavit is provided to, or confirmed 11
in AVIS by, the clerk in compliance with Sections 3 and 4 of this Act[KRS 304.39-12
080] and KRS 186.190. 13
(3) (a) If a notarized affidavit is required and available under KRS 138.450, the 14
county clerk shall not transfer the registration of a motor vehicle unless the 15
notarized affidavit attesting to the total and actual consideration paid or to be 16
paid for the motor vehicle is presented to the clerk at the time of the transfer. 17
(b) If a notarized affidavit is required but is not available, the county clerk shall 18
contact the Department of Revenue to determine the "retail price" of the 19
vehicle and any taxes due prior to transferring the vehicle. 20
(4) The county clerk shall not transfer title on a motor vehicle if there are delinquent ad 21
valorem taxes on the motor vehicle. 22
Section 14. KRS 189.636 is amended to read as follows: 23
If, in the investigation of any motor vehicle accident or traffic violation it appears that 24
any operator of a motor vehicle involved therein is not in compliance with Section 15 of 25
this Act[uninsured], the law enforcement officer making the investigation shall issue a 26
citation to the operator[owner of the vehicle requiring such owner] to appear in a court of 27 UNOFFICIAL COPY 24 RS BR 968
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proper jurisdiction for violation of Section 15 of this Act[KRS 304.39-110]. 1
Section 15. KRS 304.39-080 is amended to read as follows: 2
(1) (a) "Security covering the vehicle" is the insurance or other security so provided. 3
(b) The vehicle for which the security is so provided is the "secured vehicle." 4
(2) "Basic reparation insurance" includes a contract, self-insurance, or other legal 5
means under which the obligation to pay basic reparation benefits arises. 6
(3) This Commonwealth, its political subdivisions, municipal corporations, and public 7
agencies may continuously provide, pursuant to subsection (6) of this section, 8
security for the payment of basic reparation benefits in accordance with this subtitle 9
for injury arising from maintenance or use of motor vehicles owned by those 10
entities and operated with their permission. 11
(4) The United States and its public agencies and any other state, its political 12
subdivisions, municipal corporation, and public agencies may provide, pursuant to 13
subsection (6) of this section, security for the payment of basic reparation benefits 14
in accordance with this subtitle for injury arising from maintenance or use of motor 15
vehicles owned by those entities and operated with their permission. 16
(5) (a) Except for entities described in subsections (3) and (4) of this section and 17
except as provided in paragraph (b) of this subsection, every owner or 18
operator of a motor vehicle registered in Kentucky[this Commonwealth] or 19
operated in Kentucky[this Commonwealth] with an owner's permission shall 20
continuously provide with respect to the motor vehicle while it is either 21
present or registered in Kentucky[this Commonwealth], and any other person 22
may provide with respect to any motor vehicle, by a contract of insurance or 23
by qualifying as a self-insurer, security for the payment of basic reparation 24
benefits in accordance with this subtitle and security for payment of tort 25
liabilities, arising from maintenance or use of the motor vehicle. 26
(b) The security described in paragraph (a) of this subsection shall not be 27 UNOFFICIAL COPY 24 RS BR 968
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required during any period when an affidavit provided in accordance with 1
Section 3 of this Act is in effect. 2
(c) The owner of a motor vehicle who fails to maintain security on a motor 3
vehicle in accordance with this subsection shall have his or her motor vehicle 4
registration revoked in accordance with KRS 186A.040 and shall be subject to 5
the penalties in KRS 304.99-060. 6
(d) An owner who permits another person to operate a motor vehicle without 7
security on the motor vehicle as required by this subtitle shall be subject to the 8
penalties in KRS 304.99-060. 9
(6) Security may be provided by a contract of insurance or by qualifying as a self-10
insurer or obligated government in compliance with this subtitle. 11
(7) Self-insurance, subject to approval of the commissioner[ of insurance], is effected 12
by filing with the commissioner in satisfactory form: 13
(a) A continuing undertaking by the owner or other appropriate person to pay tort 14
liabilities or basic reparation benefits, or both, and to perform all other 15
obligations imposed by this subtitle; 16
(b) Evidence that appropriate provision exists for prompt and efficient 17
administration of all claims, benefits, and obligations provided by this 18
subtitle; and 19
(c) Evidence that reliable financial arrangements, deposits, or commitments exist 20
providing assurance, substantially equivalent to that afforded by a policy of 21
insurance, complying with this subtitle, for payment of tort liabilities, basic 22
reparation benefits, and all other obligations imposed by this subtitle. 23
(8) An entity described in subsection (3) or (4) of this section may provide security by 24
lawfully obligating itself to pay basic reparation benefits in accordance with this 25
subtitle. 26
(9) (a) A person providing security pursuant to subsection (7) of this section is a 27 UNOFFICIAL COPY 24 RS BR 968
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"self-insurer." 1
(b) An entity described in subsection (3) or (4) of this section that has provided 2
security pursuant to subsection (6) of this section is an "obligated 3
government." 4
Section 16. KRS 304.39-110 is amended to read as follows: 5
(1) Except as provided in this section, the requirement of security for payment of basic 6
reparation benefits and tort liabilities under Section 15 of this Act is fulfilled by 7
providing: 8
(a) Either: 9
1. Split limits liability coverage of not less than twenty-five thousand 10
dollars ($25,000) for all damages arising out of bodily injury sustained 11
by any one (1) person, and not less than fifty thousand dollars ($50,000) 12
for all damages arising out of bodily injury sustained by all persons 13
injured as a result of any one (1) accident, plus liability coverage of not 14
less than twenty-five thousand dollars ($25,000) for all damages arising 15
out of damage to or destruction of property, including the loss of use 16
thereof, as a result of any one (1) accident arising out of ownership, 17
maintenance, use, loading, or unloading, of the secured vehicle; or 18
2. Single limits liability coverage of not less than sixty thousand dollars 19
($60,000) for all damages whether arising out of bodily injury or 20
damage to property as a result of any one (1) accident arising out of 21
ownership, maintenance, use, loading, or unloading, of the secured 22
vehicle; 23
(b) That the liability coverages apply to accidents during the contract period in a 24
territorial area not less than the United States of America, its territories and 25
possessions, and Canada; and 26
(c) Basic reparation benefits, as defined in KRS 304.39-020(2), in accordance 27 UNOFFICIAL COPY 24 RS BR 968
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with this subtitle. 1
(2) (a) Subject to the provisions on approval of terms and forms, the requirement of 2
security for payment of tort liabilities may be met by a contract the coverage 3
of which is secondary or excess to other applicable valid and collectible 4
liability insurance. 5
(b) To the extent[ the] secondary or excess coverage applies to liability within the 6
minimum security required by this subtitle, the coverage[ it] must be subject 7
to conditions consistent with the system of required liability insurance 8
established by this subtitle. 9
(3) Security for a motorcycle is fulfilled by providing[ only] the coverages set forth in 10
subsections (1)(a) and (b) of this section. 11
(4) Each insurer that provides security covering a motor vehicle may offer a policy or 12
contract period of twelve (12) months. 13
Section 17. KRS 304.39-117 is amended to read as follows: 14
(1) (a) Each insurer that[issuing an insurance contract which] provides security 15
covering a motor vehicle shall provide to the insured, in compliance with 16
administrative regulations promulgated by the commissioner[department], 17
written proof in the form of an insurance card that the insured has in full force 18
and effect the[an insurance contract providing] security required under[in 19
conformity with] this subtitle. 20
(b) An insurer may provide an insurance card in either a paper or an electronic 21
format. 22
(2) [If an owner enters into an insurance contract on a newly acquired motor vehicle, or 23
changes insurance carriers on an existing motor vehicle, the owner shall keep the 24
paper insurance card or a portable electronic device to download the insurance card 25
in his or her motor vehicle for forty-five (45) days from the date the coverage took 26
effect as prima facie evidence that the required security is currently in full force and 27 UNOFFICIAL COPY 24 RS BR 968
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effect, and shall show the card to a peace officer upon request. 1
(3) As to personal motor vehicles as defined in KRS 304.39-087, the paper or 2
electronic insurance card or the database created by KRS 304.39-087 shall be 3
evidence to a peace officer who requests the card if the peace officer has access to 4
the database through AVIS. If AVIS does not list the vehicle identification number 5
of the personal motor vehicle as an insured vehicle, the ]A peace officer shall[may] 6
accept the following[a paper or electronic insurance card] as prima facie evidence 7
that a[the required security is currently in full force and effect on the personal] 8
motor vehicle is in compliance with Section 15 of this Act: 9
(a) If the peace officer has access to information about the motor vehicle's 10
compliance with Section 15 of this Act in AVIS: 11
1. AVIS lists the vehicle identification number of the motor vehicle as an 12
insured vehicle; 13
2. Both of the following are satisfied: 14
a. AVIS indicates that an affidavit for the motor vehicle has been 15
provided in accordance with Section 3 of this Act; and 16
b. The affidavit referenced in subdivision a. of this subparagraph is 17
in effect; or 18
3. An insurance card, or other proof of insurance determined by the 19
insurance commissioner under Section 3 of this Act, in either a paper 20
or an electronic format for the motor vehicle if: 21
a. The card or other proof of insurance indicates that coverage or 22
security for the motor vehicle is currently in effect; and 23
b. At the time the card or other proof of insurance is provided, 24
there is not an indication in AVIS that the coverage or security 25
was terminated; or 26
(b) If the peace officer does not have access to information about the motor 27 UNOFFICIAL COPY 24 RS BR 968
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vehicle's compliance with Section 15 of this Act in AVIS: 1
1. An insurance card, or other proof of insurance determined by the 2
insurance commissioner under Section 3 of this Act, in either a paper 3
or an electronic format for the motor vehicle that indicates that 4
coverage or security for the motor vehicle is currently in effect; or 5
2. An affidavit provided to, and marked by, a county clerk or the 6
Department of Vehicle Regulation in accordance with Section 3 of this 7
Act in either a paper or an electronic format that is in effect for the 8
motor vehicle[if the card was effective no more than forty-five (45) days 9
before the date on which the peace officer requests the card]. 10
(3)[(4)] For purposes of this section: 11
(a) An insurance card, other proof of insurance, or affidavit in an electronic 12
format means the display of an image on any[ portable] electronic device, 13
including a cellular phone or any other type of portable electronic device, 14
depicting a current valid representation of the card, other proof of insurance, 15
or affidavit; 16
(b) Whenever a person presents an[a mobile] electronic device pursuant to this 17
section, that person assumes all liability for any damage to the[ mobile] 18
electronic device; and 19
(c) When a person provides evidence of financial responsibility using an[a 20
mobile] electronic device to a peace officer, the peace officer shall only view 21
the electronic image of the insurance card, other proof of insurance, or 22
affidavit and is prohibited from viewing any other content on the[ mobile] 23
electronic device. 24
Section 18. KRS 304.99-060 is amended to read as follows: 25
(1) (a) The owner of any vehicle who fails to have in full force and effect the security 26
required by Subtitle 39 of this chapter shall: 27 UNOFFICIAL COPY 24 RS BR 968
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1. a. For the first offense within any three (3) year period, produce 1
proof of security and a receipt showing that a premium for a 2
minimum policy or contract period of six (6) months has been 3
paid. 4
b. If the owner fails to produce the proof of security required under 5
this subparagraph, the court may fine the owner not more[be 6
fined not less] than five hundred dollars ($500)[ nor more than one 7
thousand dollars ($1,000), or sentenced to not more than ninety 8
(90) days in jail, or both]; or 9
2. a. [Have the registration of the motor vehicle revoked and the license 10
plates of the vehicle suspended for a period of one (1) year or until 11
such time as proof, in a form satisfactory to the commissioner, is 12
furnished that the security is then and will remain in effect; and 13
3. ]For the second and each subsequent offense within any three 14
(3)[five (5)] year period, produce proof of security and: 15
i. A receipt showing that a premium for a minimum policy or 16
contract period of twelve (12) months has been paid; or 17
ii. Receipts showing that premiums for two (2) consecutive 18
minimum policy or contract periods of six (6) months have 19
been paid. 20
b. If the owner fails to produce the proof of security required under 21
this subparagraph, the court may fine the owner not more[have 22
his or her operator's license revoked in accordance with KRS 23
186.560, and may be sentenced to one hundred and eighty (180) 24
days in jail, or fined not less] than one thousand dollars ($1,000)[ 25
nor more than two thousand five hundred dollars ($2,500), or 26
both]. 27 UNOFFICIAL COPY 24 RS BR 968
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c. When producing proof of security under subdivision a.ii. of this 1
subparagraph, a receipt for the subsequent six (6) month period 2
shall be produced to the circuit clerk of the county where the 3
citation or charge was issued not later than ten (10) days prior to 4
the expiration of the first six (6) month period. If an owner fails 5
to comply with this subdivision, the court shall order the owner 6
to appear before it and may take appropriate action in 7
accordance with this subsection. 8
(b) [Penalties under paragraph (a) of this subsection for the first offense are 9
subject to conditional discharge, suspension, or other forms of reduction of 10
penalty by judicial discretion upon production of proof of security. 11
(c) For the second and each subsequent offense, minimum fines, suspensions, and 12
penalties under paragraph (a) of this subsection are subject to conditional 13
discharge, suspension, or other forms of reduction of penalty, by judicial 14
discretion only upon production of proof of security and a receipt showing 15
that a premium for a minimum policy period of six (6) months has been paid. 16
(d) Upon expiration of the minimum six (6) month policy period, the court shall 17
order the vehicle owner to appear before it to verify renewal of the security 18
required by Subtitle 39 of this chapter by production of proof of security and a 19
receipt showing that a premium for a minimum six (6) month policy period 20
has been paid. 21
(e) ]Except as provided in subsection (6) of this section, failure to appear shall 22
result in the suspension of the vehicle owner's operator's license pursuant to 23
KRS 186.570. 24
[(f) Unless uninterrupted coverage is maintained, cancellation or expiration of the 25
procured security before the end of the minimum six (6) month policy period 26
shall be a Class B misdemeanor. 27 UNOFFICIAL COPY 24 RS BR 968
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(g) Unless the requirement of paragraph (d) of this subsection is satisfied, the 1
court shall revoke any conditional discharge, suspension, or other form of 2
reduction of penalty granted under paragraph (c) of this subsection.] 3
(2) (a) A person who operates a motor vehicle without security on the motor vehicle 4
as required by Subtitle 39 of this chapter shall be subject to the same 5
penalties as owners under subsection (1) of this section.[: 6
(a) Be fined not less than five hundred dollars ($500) nor more than one thousand 7
dollars ($1,000) or sentenced to not more than ninety (90) days in jail, or both; 8
and] 9
(b) For purposes of this subsection, "without security on the motor vehicle" 10
means without security provided under an insurance contract or self-11
insurance maintained by either the owner or the operator of the motor 12
vehicle[For the second and each subsequent offense within any five (5) year 13
period, have his or her operator's license revoked in accordance with KRS 14
186.560, and may be sentenced to not more than one hundred eighty (180) 15
days in jail or fined not less than one thousand dollars ($1,000) nor more than 16
two thousand five hundred dollars ($2,500), or both]. 17
(3) If the person who operates a motor vehicle without security on the motor vehicle as 18
required by Subtitle 39 of this chapter is also the owner of the motor vehicle, the 19
person shall be subject to penalties under both subsection (1) and subsection (2) of 20
this section. 21
(4) The following shall be subject to a civil penalty of not less than one thousand 22
dollars ($1,000) nor more than five thousand dollars ($5,000) for each violation: 23
(a) Any person or entity that presents, causes to be presented, or collects payment 24
on a bill or claim for health care services that the person or entity knows or 25
should know were referred in violation of KRS 304.39-215; and 26
(b) Any person or entity that knowingly fails to make a timely refund required by 27 UNOFFICIAL COPY 24 RS BR 968
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KRS 304.39-215. 1
(5) A health care provider or other person or entity that enters into an arrangement or 2
scheme that the provider, person, or entity knows or should know has a principal 3
purpose of assuring referrals by the provider that, if made directly by the provider, 4
would be in violation of KRS 304.39-215 shall be subject to a civil penalty of not 5
less than five thousand dollars ($5,000) nor more than twenty-five thousand dollars 6
($25,000) per arrangement or scheme. 7
(6) (a) Any person who can show proof of insurance on a motor vehicle in 8
compliance with Section 15 of this Act, or that an affidavit provided in 9
accordance with Section 3 of this Act was in effect for a motor vehicle, at 10
the time that a citation or other charge was issued against the person for 11
violation of subsection (1), (2), or (3) of this section with respect to the 12
motor vehicle may provide, in person or by paper or electronic mail, the 13
proof of insurance or affidavit to the circuit clerk of the county where the 14
citation or charge was issued. 15
(b) Upon receipt of the proof of insurance or affidavit under paragraph (a) of 16
this subsection, the charge or charges against the person shall be dismissed 17
and no fees or costs shall be imposed. 18
(c) A person providing proof of insurance or an affidavit under paragraph (a) 19
of this subsection: 20
1. May present the proof of insurance or affidavit in either a paper or an 21
electronic format; and 22
2. Shall not be required to appear in court to provide the proof of 23
insurance or affidavit. 24
(d) For purposes of this section: 25
1. "Electronic format" means the display of an image on any electronic 26
device, including a cellular phone or any other type of portable 27 UNOFFICIAL COPY 24 RS BR 968
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electronic device, depicting a valid representation of the proof of 1
insurance or affidavit; and 2
2. The circuit clerk may require the person to email the electronic proof 3
of insurance or affidavit to the clerk, and the clerk may print a copy of 4
the proof of insurance or affidavit for the clerk's records. 5
Section 19. KRS 431.078 is amended to read as follows: 6
(1) Any person who has been convicted of: 7
(a) A misdemeanor, a violation, or a traffic infraction not otherwise classified as a 8
misdemeanor or violation, or a series of misdemeanors, violations, or traffic 9
infractions arising from a single incident; or 10
(b) A series of misdemeanors, violations, or traffic infractions not arising from a 11
single incident; 12
may petition the court in which he or she was convicted for expungement of the 13
person's[his] misdemeanor or violation record within that judicial district, including 14
a record of any charges for misdemeanors, violations, or traffic infractions that were 15
dismissed or amended in the criminal action. The person shall be informed of the 16
right at the time of adjudication. 17
(2) (a) Except as provided in KRS 218A.275(8) and 218A.276(8) and paragraph (b) 18
of this subsection, the petition shall be filed no sooner than five (5) years after 19
the completion of the person's sentence or five (5) years after the successful 20
completion of the person's probation, whichever occurs later. 21
(b) A petition seeking expungement of any conviction referenced in subsection 22
(6) of this section shall be filed no sooner than two (2) years after the date 23
of the conviction. 24
(3) Upon the filing of a petition, the court shall set a date for a hearing, no sooner than 25
thirty (30) days after the filing of the petition, and shall notify the county attorney; 26
the victim of the crime, if there was an identified victim; and any other person 27 UNOFFICIAL COPY 24 RS BR 968
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whom the person filing the petition has reason to believe may have relevant 1
information related to the expungement of the record. Inability to locate the victim 2
shall not delay the proceedings in the case or preclude the holding of a hearing or 3
the issuance of an order of expungement. 4
(4) Except as provided in subsection (6) of this section, for a petition brought under 5
subsection (1)(a) of this section, the court shall order expunged all records in the 6
custody of the court and any records in the custody of any other agency or official, 7
including law enforcement records, if at the hearing the court finds that: 8
(a) The offense was not a sex offense or an offense committed against a child; 9
(b) The person had not in the five (5) years prior to the filing of the petition for 10
expungement been convicted of a felony or a misdemeanor; 11
(c) No proceeding concerning a felony or misdemeanor is pending or being 12
instituted against the person; and 13
(d) The offense is not one subject to enhancement for a second or subsequent 14
offense or the time for such an enhancement has expired. 15
(5) Except as provided in subsection (6) of this section, for a petition brought under 16
subsection (1)(b) of this section, the court may order expunged all records in the 17
custody of the court and any records in the custody of any other agency or official, 18
including law enforcement records, if at the hearing the court finds that: 19
(a) The offense was not a sex offense or an offense committed against a child; 20
(b) The person had not in the five (5) years prior to the filing of the petition for 21
expungement been convicted of a felony or a misdemeanor; 22
(c) No proceeding concerning a felony or misdemeanor is pending or being 23
instituted against the person; and 24
(d) The offense is not one subject to enhancement for a second or subsequent 25
offense or the time for such an enhancement has expired. 26
(6) (a) If a petition brought under subsection (1)(a) or (b) of this section includes 27 UNOFFICIAL COPY 24 RS BR 968
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one (1) or more convictions under subsection (1), (2), or (3) of Section 18 of 1
this Act, the court shall order expunged all records in the custody of the 2
court and any records in the custody of any other agency or official, 3
including law enforcement records, of the conviction or convictions if, at 4
the hearing, the court finds that the person has not, in the two (2) years 5
prior to the filing of the petition, been convicted under subsection (1), (2), or 6
(3) of Section 18 of this Act. 7
(b) This subsection shall be retroactively and prospectively applied to 8
convictions occurring prior to and after the effective date of this section. 9
(7) Upon the entry of an order to expunge the records, the proceedings in the case shall 10
be deemed never to have occurred; the court and other agencies shall cause records 11
to be deleted or removed from their computer systems so that the matter shall not 12
appear on official state-performed background checks; the persons and the court 13
may properly reply that no record exists with respect to the persons upon any 14
inquiry in the matter; and the person whose record is expunged shall not have to 15
disclose the fact of the record or any matter relating thereto on an application for 16
employment, credit, or other type of application. 17
(8)[(7)] The filing fee for a petition under this section shall be one hundred dollars 18
($100). The first fifty dollars ($50) of each fee collected pursuant to this subsection 19
shall be deposited into a trust and agency account for deputy clerks and shall not be 20
refundable. 21
(9)[(8)] Copies of the order shall be sent to each agency or official named therein. 22
(10)[(9)] Inspection of the records included in the order may thereafter be permitted by 23
the court only upon petition by the person who is the subject of the records and only 24
to those persons named in the petition. 25
(11)[(10)] This section shall be deemed to be retroactive, and any person who has been 26
convicted of a misdemeanor prior to July 14, 1992, may petition the court in which 27 UNOFFICIAL COPY 24 RS BR 968
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he or she was convicted, or if he or she was convicted prior to the inception of the 1
District Court to the District Court in the county where he now resides, for 2
expungement of the record of one (1) misdemeanor offense or violation or a series 3
of misdemeanor offenses or violations arising from a single incident, provided that 4
the offense was not one specified in subsection (4) and that the offense was not the 5
precursor offense of a felony offense for which he or she was subsequently 6
convicted. This section shall apply only to offenses against the Commonwealth of 7
Kentucky. 8
(12)[(11)] As used in this section, "violation" has the same meaning as in KRS 500.080. 9
(13)[(12)] Any person denied an expungement prior to June 25, 2013, due to the 10
presence of a traffic infraction on his or her record may file a new petition for 11
expungement of the previously petitioned offenses, which the court shall hear and 12
decide under the terms of this section. No court costs or other fees, from the court 13
or any other agency, shall be required of a person filing a new petition under this 14
subsection. 15
Section 20. KRS 186.990 is amended to read as follows: 16
(1) Any person who violates any of the provisions of KRS 186.020, 186.030, 186.040, 17
186.045(4), 186.050, 186.056, 186.060, 186.073, 186.110, 186.130, 186.140, 18
186.160, 186.170, 186.180(1) to (4)[(a)], 186.210(1), 186.230, or KRS 186.655 to 19
186.680 shall be guilty of a violation. 20
(2) Any person who violates any of the provisions of KRS 138.465, 186.072, 186.190, 21
186.200, or 186.210(2) shall be guilty of a Class A misdemeanor. 22
(3) A person who violates the provisions of KRS 186.450(4), (5), or (6) or 186.452(3), 23
(4), or (5) shall be guilty of a violation. A person who violates any of the other 24
provisions of KRS 186.400 to 186.640 shall be guilty of a Class B misdemeanor. 25
(4) Any clerk or judge failing to comply with KRS 186.550(1) shall be guilty of a 26
violation. 27 UNOFFICIAL COPY 24 RS BR 968
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(5) If it appears to the satisfaction of the trial court that any offender under KRS 1
186.400 to 186.640 has a driver's license but in good faith failed to have it on his or 2
her person or misplaced or lost it, the court may, in its discretion, dismiss the 3
charges against the defendant without fine, imprisonment, or cost. 4
(6) Any person who steals a motor vehicle registration plate or renewal decal shall be 5
guilty of a Class D felony. Displaying a canceled registration plate on a motor 6
vehicle shall be prima facie evidence of guilt under this section. 7
(7) Any person who violates the provisions of KRS 186.1911 shall be guilty of a Class 8
A misdemeanor. 9
(8) Any person who makes a false affidavit to secure a license plate under KRS 10
186.172 shall be guilty of a Class A misdemeanor. 11
(9) Any person who violates any provision of KRS 186.070 or 186.150 shall be guilty 12
of a Class A misdemeanor. 13
(10) Any person who operates a vehicle bearing a dealer's plate upon the highways of 14
this Commonwealth with intent to evade the motor vehicle usage tax or registration 15
fee shall be guilty of a Class A misdemeanor for the first offense and a Class D 16
felony for each subsequent offense. 17
(11) Any person, other than a licensed dealer or manufacturer, who procures a dealer's 18
plate with intent to evade the motor vehicle usage tax or registration fee shall be 19
guilty of a Class D felony. 20
(12) Any resident who unlawfully registers, titles, or licenses a motor vehicle in any 21
state other than Kentucky with intent to evade the motor vehicle usage tax or the 22
registration fee shall be guilty of a Class A misdemeanor if the amount of tax due is 23
less than one hundred dollars ($100), or of a Class D felony if the amount of tax due 24
is more than one hundred dollars ($100), and in addition shall be liable for all taxes 25
so evaded with applicable interest and penalties. 26
Section 21. The following KRS section is repealed: 27 UNOFFICIAL COPY 24 RS BR 968
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304.39-085 Notification by insurance company to Department of Vehicle Regulation of 1
persons insured whose policy was terminated -- Exception. 2
Section 22. Sections 1 to 21 of this Act take effect on January 1, 2025. 3
Section 23. The Department of Vehicle Regulation shall, within 30 days of the 4
effective date of this section, promulgate emergency and ordinary administrative 5
regulations in accordance with KRS Chapter 13A to implement the requirements of 6
Sections 1 and 2 of this Act beginning on January 1, 2025. 7
Section 24. (1) The commissioner of the Department of Insurance shall: 8
(a) Within 30 days of the effective date of this section, promulgate emergency 9
and ordinary administrative regulations in accordance with KRS Chapter 13A to 10
implement the requirements of Section 3 of this Act beginning on January 1, 2025; and 11
(b) Provide and make available all forms required under subsection (5) of Section 12
3 of this Act on or before January 1, 2025. 13
(2) Notwithstanding any provision of this Act to the contrary, a person may 14
submit an affidavit under subsection (2) of Section 3 of this Act without using a form 15
required by the commissioner of the Department of Insurance during any period prior to 16
the availability of the applicable form to the public. 17