UNOFFICIAL COPY 25 RS BR 300
Page 1 of 33
XXXX 2/6/2025 11:16 AM Jacketed
AN ACT relating to motor vehicle insurance. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 186A.040 is amended to read as follows: 3
(1) As used in this section, unless the context requires otherwise: 4
(a) "Accessible online insurance verification system" or "system" means the 5
accessible online insurance verification system established by the 6
department under this section; 7
(b) "Commercial motor vehicle" means a motor vehicle that is covered by 8
commercial motor vehicle insurance; 9
(c) "Commercial motor vehicle insurance" means coverage: 10
1. Provided to an insured, regardless of the number of vehicles or entities 11
covered, under a commercial coverage form; and 12
2. Rated from a commercial manual approved by the Department of 13
Insurance; 14
(d) "Department" means the Department of Vehicle Regulation; 15
(e) "IICMVA" means the Insurance Industry Committee on Motor Vehicle 16
Administration or a successor organization; 17
(f) "Insurer" means an insurer that provides coverage for the security required 18
under KRS 304.39-080; 19
(g) "Personal motor vehicle" means a motor vehicle that is not covered by 20
commercial motor vehicle insurance; and 21
(h) "Requestor" means the authorized personnel of any of the following: 22
1. The department; 23
2. Any District or Circuit Court of this state; 24
3. Any county clerk of this state; 25
4. Any law enforcement agency of this state; or 26
5. Any other entities authorized by the department, to the extent 27 UNOFFICIAL COPY 25 RS BR 300
Page 2 of 33
XXXX 2/6/2025 11:16 AM Jacketed
permitted by state and federal privacy laws. 1
(2) (a) The department[ of Vehicle Regulation] shall: 2
1. Provide and receive information on the insurance status of motor 3
vehicles registered in[ the Commonwealth of] Kentucky in accordance 4
with this section and[pursuant to] KRS 304.39-087 and 304.39-085;[. 5
The department shall provide appropriate insurance information to the 6
Commonwealth Office of Technology for inclusion in the AVIS 7
database to assist in identifying uninsured motor vehicles] 8
2. Establish an accessible online insurance verification system that: 9
a. Is used for verification of whether motor vehicles are covered by 10
the security required under KRS 304.39-080; 11
b. Is interfaced with AVIS; 12
c. Beginning not later than October 1, 2026, is: 13
i. Operational; and 14
ii. Available to insurers; 15
d. Beginning not later than January 1, 2027, is accessible by 16
requestors to assist the requestors in the identification of motor 17
vehicles that are not in compliance with KRS 304.39-080; and 18
e. Includes information that enables the department to make 19
inquiries to insurers by using multiple data elements for greater 20
matching accuracy; 21
3. On or before January 1, 2026, promulgate an emergency and ordinary 22
administrative regulation in accordance with KRS Chapter 13A to 23
establish, implement, and effectuate the accessible online insurance 24
verification system, which: 25
a. Shall: 26
i. Except as otherwise provided in this section, establish 27 UNOFFICIAL COPY 25 RS BR 300
Page 3 of 33
XXXX 2/6/2025 11:16 AM Jacketed
guidelines and requirements for the system that are 1
consistent with IICMVA guidelines; 2
ii. Include appropriate provisions to secure the system's data 3
against unauthorized access; 4
iii. Specify, in accordance with subsection (3) of this section, 5
the information that insurers shall electronically submit, 6
and the format, manner, and frequency of the electronic 7
submissions, to the system for personal motor vehicles and 8
commercial motor vehicles; and 9
iv. Establish a period of not less than six (6) months but not 10
more than twelve (12) months from the date of all requests 11
and responses that system data shall be retained; and 12
b. May establish an alternative method of reporting, in lieu of 13
reporting to the system, for insurers who write one thousand 14
(1,000) or fewer policies or contracts that provide coverage for 15
the security required under KRS 304.39-080; and 16
4. Make any amendments to the administrative regulation promulgated 17
under this section or any other administrative regulation related to the 18
system that are necessary to establish, implement, operate, or maintain 19
the accessible online insurance verification system, which shall 20
include any necessary improvements to or replacement of the system. 21
(b) The department may contract with a private service provider who has 22
successfully implemented similar systems in other states to assist in 23
establishing, implementing, operating, and maintaining the accessible 24
online insurance verification system. 25
(c) 1. Notwithstanding KRS 13A.100, the department shall: 26
a. By January 1, 2026, publish on its website and distribute to 27 UNOFFICIAL COPY 25 RS BR 300
Page 4 of 33
XXXX 2/6/2025 11:16 AM Jacketed
motor vehicle insurers authorized to do business in Kentucky a 1
final detailed guide of the accessible online insurance 2
verification system; 3
b. Periodically review, make any necessary updates to, and publish 4
on its website any updates to the guide referenced in this 5
subparagraph; and 6
c. Distribute any updates made to the guide referenced in this 7
subparagraph to motor vehicle insurers authorized to do 8
business in Kentucky. 9
2. The guide referenced in subparagraph 1. of this paragraph shall not 10
conflict with, or impose requirements that are not set out or 11
incorporated by reference in, an administrative regulation 12
promulgated by the department under this section. 13
3. The Department of Insurance shall assist the department in making 14
the distributions required under this paragraph. 15
(d) The department and any contracted private service provider shall each 16
maintain a contact person for insurers during the implementation and 17
operation of the accessible online insurance verification system. 18
(3)[(2)] (a) Except as otherwise provided in this section, insurers that provide 19
coverage for the security required under KRS 304.39-080 for personal 20
motor vehicles shall: 21
1. Cooperate with the department in the implementation, operation, 22
maintenance, and any necessary improvements to or replacement of 23
the accessible online insurance verification system; and 24
2. On and after January 1, 2027: 25
a. Send to the department: 26
i. A list of the vehicle identification numbers (VINs) of the 27 UNOFFICIAL COPY 25 RS BR 300
Page 5 of 33
XXXX 2/6/2025 11:16 AM Jacketed
personal motor vehicles that are covered by the insurer; 1
and 2
ii. The name of each policyholder for each personal motor 3
vehicle covered by the insurer as specified by the 4
department; 5
b. Provide access to any other insurance status information for 6
personal motor vehicles that are covered by the insurer as 7
specified by the department; and 8
c. Submit the information required under this subparagraph 9
electronically to the department through the accessible online 10
insurance verification system. 11
(b) 1. In lieu of compliance with Section 9 of this Act, an insurer may opt to 12
submit insurance status information for commercial motor vehicles 13
electronically to the department through the accessible online 14
insurance verification system. 15
2. An insurer that opts to submit insurance status information under this 16
paragraph shall comply with any specifications and requirements 17
established by the department under subsection (2)(a)3.a.iii. of this 18
section for the information. 19
(c) Insurers may contract for the services of a third-party vendor to facilitate or 20
otherwise comply with the requirements of this section. 21
(d) Insurers shall not be subject to civil or administrative liability for libel, 22
slander, or any other relevant tort, and no civil cause of action of any 23
nature shall arise against an insurer or an authorized employee of an 24
insurer for any good-faith efforts to comply with this section, including but 25
not limited to submitting, or providing access to, any information or data 26
required or permitted under this section, even if the information or data is 27 UNOFFICIAL COPY 25 RS BR 300
Page 6 of 33
XXXX 2/6/2025 11:16 AM Jacketed
inaccurate or incomplete. 1
(4) (a) As used in this subsection, "domestic" insurer and "foreign" insurer have 2
the same meanings as in KRS 304.1-070. 3
(b) There is created a technical advisory committee whose duties shall be to: 4
1. Review the establishment, implementation, operation, and 5
maintenance of the accessible online insurance verification system; 6
and 7
2. Make recommendations to the department to ensure that the 8
accessible online insurance verification system is: 9
a. Efficient and operational upon implementation; and 10
b. Consistent with the objectives and requirements of this section. 11
(c) The technical advisory committee shall be composed of the following seven 12
(7) members: 13
1. Four (4) voting members appointed by the commissioner of the 14
Department of Insurance in accordance with paragraph (d) of this 15
subsection; 16
2. The president of the Kentucky County Clerk's Association or the 17
president's designee, who shall serve as a voting ex officio member; 18
3. The commissioner of the Department of Insurance or the 19
commissioner's designee, who shall serve as a voting ex officio 20
member; and 21
4. The commissioner of the department or the commissioner's designee, 22
who shall serve as a nonvoting ex officio member and as chair of the 23
committee. 24
(d) 1. The commissioner of the Department of Insurance shall, in 25
accordance with this paragraph, appoint to the technical advisory 26
committee one (1) representative for each of the four (4) insurers: 27 UNOFFICIAL COPY 25 RS BR 300
Page 7 of 33
XXXX 2/6/2025 11:16 AM Jacketed
a. Identified by the Department of Insurance under this paragraph; 1
and 2
b. That designate, upon request and within a reasonable amount of 3
time, an individual to serve as a representative on the committee. 4
2. The Department of Insurance shall identify the following four (4) 5
insurers: 6
a. The domestic property and casualty insurer that has the largest 7
dollar amount of direct written premiums for motor vehicle 8
insurance in Kentucky as of the date of the notification made 9
under subparagraph 4. of this paragraph; 10
b. The two (2) foreign property and casualty insurers that have the 11
largest dollar amounts of direct written premiums for motor 12
vehicle insurance in Kentucky as of the date of the notification 13
made under subparagraph 4. of this paragraph; and 14
c. A domestic or foreign property and casualty insurer with direct 15
written premiums for motor vehicle insurance in Kentucky 16
designated by the commissioner of the Department of Insurance 17
to represent small and medium-sized insurers in Kentucky's 18
motor vehicle insurance market. 19
3. If an insurer identified by the Department of Insurance under 20
subparagraph 2. of this paragraph declines or fails, within a 21
reasonable amount of time, to designate an individual to serve as a 22
representative of the insurer on the technical advisory committee, the 23
Department of Insurance shall identify: 24
a. For an insurer identified under subparagraph 2.a. of this 25
paragraph, the domestic property and casualty insurer with the 26
next largest dollar amount of direct written premiums for motor 27 UNOFFICIAL COPY 25 RS BR 300
Page 8 of 33
XXXX 2/6/2025 11:16 AM Jacketed
vehicle insurance in Kentucky as of the date that the previously 1
identified domestic property and casualty insurer declined or 2
failed to designate a representative; 3
b. For an insurer identified under subparagraph 2.b. of this 4
paragraph, the foreign property and casualty insurer with the 5
next largest dollar amount of direct written premiums for motor 6
vehicle insurance in Kentucky as of the date that the previously 7
identified foreign property and casualty insurer declined or 8
failed to designate a representative; and 9
c. For an insurer identified under subparagraph 2.c. of this 10
paragraph, an insurer that meets the requirements of that 11
subdivision. 12
4. The Department of Insurance shall: 13
a. Request each insurer identified by the Department of Insurance 14
under subparagraph 2. of this paragraph, and if applicable, 15
subparagraph 3. of this paragraph, to designate an individual to 16
serve as a representative of the insurer on the technical advisory 17
committee; and 18
b. Appoint the individual designated by the insurer notified under 19
this subparagraph to the technical advisory committee. 20
5. Each member appointed under this paragraph shall serve a four (4) 21
year term and may be reappointed. 22
6. Vacancies of members appointed under this paragraph shall be filled: 23
a. Within thirty (30) days of the vacancy; and 24
b. In the same manner as the original appointment. 25
(e) Prior to making a filing under KRS Chapter 13A or publishing and 26
distributing, as applicable, the department shall submit drafts of the 27 UNOFFICIAL COPY 25 RS BR 300
Page 9 of 33
XXXX 2/6/2025 11:16 AM Jacketed
following to the technical advisory committee for review and 1
recommendations: 2
1. Any new, amended, or repealer emergency or ordinary administrative 3
regulation, along with any forms required under KRS 13A.230, 4
required or permitted under this section or otherwise related to the 5
system; and 6
2. The final detailed guide, including any updates to the final detailed 7
guide, required under subsection (2)(c) of this section. 8
(f) In addition to the requirements of paragraph (e) of this subsection, the 9
department shall keep the technical advisory committee informed about, 10
and consult with the committee regarding, the establishment, 11
implementation, operation, and maintenance of the accessible online 12
insurance verification system. 13
(g) All meetings of, and communications to and from, the technical advisory 14
committee shall be exempt from the requirements of the Open Meetings Act, 15
KRS 61.805 to 61.850. 16
(5) (a) The department shall immediately make a notification to a motor vehicle 17
owner upon any of the following: 18
1. Notification to the department[ of Vehicle Regulation] from an 19
insurer[insurance company] of cancellation or nonrenewal of the 20
owner's commercial motor vehicle insurance[a policy] pursuant to 21
KRS 304.39-085;[, or] 22
2. Prior to January 1, 2027[on and after January 1, 2006], if the vehicle 23
identification number (VIN) of the owner's[a] personal motor vehicle, 24
as defined in subsection (1)(a) of Section 10 of this Act, does not 25
appear in the database created by KRS 304.39-087 for two (2) 26
consecutive reporting months; or 27 UNOFFICIAL COPY 25 RS BR 300
Page 10 of 33
XXXX 2/6/2025 11:16 AM Jacketed
3. On and after January 1, 2027, if the vehicle identification number 1
(VIN) of the owner's personal motor vehicle, or commercial motor 2
vehicle if the commercial motor vehicle is covered by an insurer that 3
has opted to report to the system, does not appear in the accessible 4
online insurance verification system for seven (7) consecutive days[, 5
the department shall immediately make a determination as to the 6
notification of the insured]. 7
(b) The notification required under paragraph (a) of this subsection shall: 8
1. Be in either a paper or an electronic format; 9
2. Specify each motor vehicle to which the notification pertains; and 10
3. [to the insured shall ]State that: 11
a. The owner's insurance[insured's policy] is no longer valid; and[ 12
that ] 13
b. The department shall revoke the registration of each motor 14
vehicle to which the notification pertains unless one (1) of the 15
following occurs within fourteen (14)[insured shall have thirty 16
(30)] days after the date the insurance became invalid:[ to] 17
i. The owner provides[Show] proof of insurance to the county 18
clerk or the department; or 19
ii. The accessible online insurance verification system 20
indicates that the motor vehicle or motor vehicles are 21
covered by the security required under KRS 304.39-080.[ 22
The department shall further inform the insured that if 23
evidence of insurance is not received within thirty (30) days 24
the department shall revoke the registration of the motor 25
vehicle until: 26
1. The person presents proof of insurance to the county clerk and pays the 27 UNOFFICIAL COPY 25 RS BR 300
Page 11 of 33
XXXX 2/6/2025 11:16 AM Jacketed
reinstatement fee required by KRS 186.180; 1
2. The person presents proof in the form of an affidavit stating, under 2
penalty of perjury as set forth in KRS 523.030, that the failure to 3
maintain motor vehicle insurance on the vehicle specified in the 4
department's notification is the result of the inoperable condition of the 5
motor vehicle; 6
3. The person presents proof in the form of an affidavit stating, under 7
penalty of perjury as set forth in KRS 523.030, that the failure to 8
maintain motor vehicle insurance on the vehicle specified in the 9
department's notification is the result of the seasonal nature of the 10
vehicle. The affidavit shall explain that when the vehicle is out of 11
dormancy and when the seasonal use of the vehicle is resumed, the 12
proper security will be obtained; or 13
4. The person presents proof in the form of an affidavit stating, under 14
penalty of perjury as set forth in KRS 523.030, that he or she requires a 15
registered motor vehicle in order to carry out his or her employment and 16
that the motor vehicle that he or she drives during the course of his or 17
her employment meets the security requirement of Subtitle 39 of KRS 18
Chapter 304. The person shall also declare in the affidavit that he or she 19
will operate a motor vehicle only in the course of his or her 20
employment. If a person has his or her motor vehicle registration 21
revoked in accordance with this subsection three (3) times within any 22
twelve (12) month period, the revocations shall constitute a violation of 23
KRS 304.39-080. The department shall notify the county attorney to 24
begin prosecution for violation of subtitle 39 of KRS Chapter 304. 25
(b) The Department of Vehicle Regulation shall be responsible for notification to 26
the appropriate county attorney that a motor vehicle is not properly insured, if 27 UNOFFICIAL COPY 25 RS BR 300
Page 12 of 33
XXXX 2/6/2025 11:16 AM Jacketed
the insured does not respond to notification set out by paragraph (a) of this 1
subsection. The notice that the department gives to the county attorney in 2
accordance with paragraph (a) of this subsection shall include a certified copy 3
of the person's driving record which shall include: 4
1. The notice that the department received from an insurance company that 5
a person's motor vehicle insurance policy has been canceled or has not 6
been renewed; and 7
2. A dated notice that the department sent to the person requiring the 8
person to present proof of insurance to the county clerk. 9
Upon notification by the department, a county attorney shall 10
immediately begin prosecution of the person who had his or her motor 11
vehicle registration revoked three (3) times within any twelve (12) 12
month period in accordance with paragraph (a) of this subsection.] 13
(c) An owner may present the proof of insurance required under this 14
subsection in either a paper or an electronic format[The certified copies sent 15
by the department described in paragraph (b) of this subsection, shall be prima 16
facie evidence of a violation of KRS 304.39-080]. 17
(d) When proof of insurance is provided in electronic format, the department or 18
county clerk may require the owner to email or otherwise electronically 19
submit the proof of insurance for the department's or clerk's records[If the 20
insured provides proof of insurance to the clerk within the thirty (30) day 21
notification period, the department shall ensure action is taken to denote a 22
valid insurance policy is in force]. 23
(6)[(3)] (a) In developing the mechanism to electronically transfer information 24
pursuant to this section and KRS 304.39-087 and 304.39-085, the 25
commissioner of the department[ of Vehicle Regulation] shall: 26
1. Consult with the commissioner of the Department of Insurance and 27 UNOFFICIAL COPY 25 RS BR 300
Page 13 of 33
XXXX 2/6/2025 11:16 AM Jacketed
insurers of[ personal] motor vehicles to adopt a standardized system of 1
organizing, recording, and transferring the information so as to 2
minimize insurer administrative expenses; and[. The commissioner of 3
vehicle regulation shall ] 4
2. To the maximum extent possible, utilize nationally recognized 5
electronic data information systems consistent with the requirements of 6
this section[such as those developed by the American National 7
Standards Institute or the American Association of Motor Vehicle 8
Administrators]. 9
(b) Notwithstanding any other provision of law:[, ] 10
1. Information obtained by the department pursuant to this section and 11
KRS 304.39-087 shall not be: 12
a. Subject to the Kentucky Open Records Act, KRS 61.870[61.872] 13
to 61.884; or[, and shall not be ] 14
b. Disclosed, used, sold, accessed, or utilized in any manner, or 15
released by the department to any individual, entity[person, 16
corporation], or state or[and] local agency, except: 17
i. In accordance with state law for the purposes specified by 18
this section; or 19
ii. In response to a specific individual request for the 20
information authorized pursuant to the federal Driver's 21
Privacy Protection Act, 18 U.S.C. sec.[secs.] 2721 et seq.; 22
2. The department shall institute measures to ensure that only authorized 23
persons are permitted to access the information referenced in this 24
paragraph for the purposes specified by this section; and[. ] 25
3. Persons who knowingly release or disclose information[ from the 26
database created by KRS 304.39-087] for a purpose other than those[ 27 UNOFFICIAL COPY 25 RS BR 300
Page 14 of 33
XXXX 2/6/2025 11:16 AM Jacketed
described as] authorized by this paragraph[section] or to a person not 1
entitled to receive it shall be guilty of a Class A misdemeanor for each 2
release or disclosure. 3
(7) The Commonwealth Office of Technology and the Department of Insurance shall 4
provide support and assistance to the department in carrying out the provisions of 5
this section. 6
Section 2. KRS 186A.042 is amended to read as follows: 7
(1) As used in this section, the following have the same meaning as in Section 1 of 8
this Act: 9
(a) "Accessible online insurance verification system"; and 10
(b) "Personal motor vehicle." 11
(2) [On and after January 1, 2006, ]A county clerk shall not process an application for, 12
nor issue, a: 13
(a) Kentucky title and registration or renewal of registration; 14
(b) Replacement plate, decal, or registration certificate; 15
(c) Duplicate registration; 16
(d) Transfer of registration; or 17
(e) Temporary tag; 18
for any personal motor vehicle[ as defined in KRS 304.39-087(1)] if the accessible 19
online insurance verification system[AVIS] does not list the vehicle identification 20
number of the personal motor vehicle as an insured vehicle, except as provided in 21
subsection (3)[(2)] of this section. 22
(3)[(2)] If the accessible online insurance verification system[AVIS] does not list the 23
vehicle identification number of the personal motor vehicle as an insured vehicle, 24
the county clerk may process the application if : 25
(a) The applicant has an insurance card in either a paper or an electronic format 26
that indicates the required security is currently in full force and effect on the 27 UNOFFICIAL COPY 25 RS BR 300
Page 15 of 33
XXXX 2/6/2025 11:16 AM Jacketed
personal motor vehicle if the paper or electronic proof of insurance card was 1
effective no more than seven (7)[forty-five (45)] days before the application is 2
submitted to the county clerk; or 3
(b) The owner of the motor vehicle: 4
1. Is serving in the Armed Forces outside of Kentucky;[,] and[ the owner] 5
2. Provides an affidavit by the provost marshal of the base where the 6
owner is stationed stating that the motor vehicle is covered by security 7
as required by Subtitle 39 of KRS Chapter 304. 8
(4)[(3)] This section shall not apply to any transactions involving Kentucky motor 9
vehicle dealers who are licensed as required by KRS 190.030. 10
(5)[(4)] For purposes of this section: 11
(a) An insurance card in an electronic format means the display of an image 12
subject to immediate download or transmission from the applicant's insurer or 13
insurance agent to the applicant on an[any portable] electronic device, 14
including a cellular phone or any other type of portable electronic device, but 15
shall not include a photographic copy of a paper insurance card on a portable 16
electronic device; and 17
(b) The county clerk may require the applicant to email[e-mail] the electronic 18
insurance card to the clerk, and the clerk may print a copy of the card for the 19
clerk's records. 20
Section 3. KRS 186A.100 is amended to read as follows: 21
(1) (a) A motor vehicle dealer licensed under KRS 186.070 who sells a vehicle for 22
use upon the highways of this state shall equip the vehicle with a temporary 23
tag executed in the manner prescribed below, which shall be valid for sixty 24
(60) days from the date the vehicle is delivered to the purchaser. 25
(b) The cost of the tag shall be two dollars ($2), of which the county clerk shall 26
retain one dollar ($1). 27 UNOFFICIAL COPY 25 RS BR 300
Page 16 of 33
XXXX 2/6/2025 11:16 AM Jacketed
(c) A motor vehicle dealer licensed under KRS 186.070 shall apply to the county 1
clerk of the county in which the dealer maintains his or her principal place of 2
business for issuance of temporary tags. Application shall be made for such 3
tags on forms supplied to the county clerk by the Transportation Cabinet. 4
(2) The county clerk of any county who receives a proper application for issuance of 5
temporary tags shall record the number of each tag issued upon the application of 6
the dealer for such tags, or if a group of consecutively numbered temporary tags are 7
issued to a dealer in connection with a single application, record the beginning and 8
ending numbers of the group on the application. 9
(3) The clerk shall retain, for a period of two (2) years, one (1) copy of the dealer's 10
temporary tag application, and ensure that it reflects the numbers appearing on the 11
tags issued with respect to such application. 12
(4) (a) If the owner of a motor vehicle submits to the county clerk a properly 13
completed application for Kentucky certificate of title and registration 14
pursuant to KRS 186A.120, any motor vehicle required to be registered and 15
titled in Kentucky, that is not currently registered and titled in Kentucky, may 16
be equipped with a temporary tag, which shall be valid for sixty (60) days 17
from the date of issuance, issued by the county clerk for the purpose of 18
operating the vehicle in Kentucky while assembling the necessary documents 19
in order to title and register the vehicle in Kentucky. 20
(b) The Transportation Cabinet may promulgate[establish] administrative 21
regulations in accordance with KRS Chapter 13A governing this 22
subsection[section]. 23
(5) (a) The county clerk may issue a temporary tag to the owner of a motor vehicle 24
that is currently registered and titled in Kentucky. 25
(b) A temporary tag authorized by this subsection shall be used for emergency or 26
unusual purposes as determined by the county clerk for the purpose of 27 UNOFFICIAL COPY 25 RS BR 300
Page 17 of 33
XXXX 2/6/2025 11:16 AM Jacketed
maintaining the owner's current registration. 1
(c) A temporary tag authorized by this subsection may only be issued by the 2
county clerk and shall be valid for a period of between twenty-four (24) hours 3
and seven (7) days, as determined is necessary by the clerk. 4
(d) A county clerk shall not issue a temporary tag authorized by this subsection 5
unless the owner of the motor vehicle applying for the tag presents proof of 6
motor vehicle insurance pursuant to KRS 304.39-080. [On and after January 7
1, 2006, If the motor vehicle is a personal motor vehicle as defined in KRS 8
304.39-087, ]Proof of insurance for a personal motor vehicle shall be 9
determined by the county clerk as provided in KRS 186A.042. 10
(e) A temporary tag issued pursuant to this subsection shall not be reissued by the 11
county clerk for the same owner and same motor vehicle within one (1) year 12
of issuance of a temporary tag. 13
Section 4. KRS 186.021 is amended to read as follows: 14
(1) Except as provided in subsection (2) of this section, a county clerk shall not issue a 15
replacement plate, decal, or registration certificate as provided in KRS 186.180, or a 16
registration for renewal to any person who on January 1 of any year owned a motor 17
vehicle on which state, county, city, urban-county government, school, or special 18
taxing district ad valorem taxes are delinquent. 19
(2) (a) Pursuant to KRS 134.810(4), the owner as defined in KRS 186.010(7)(a) and 20
(c) on January 1 of any year shall be liable for taxes due on a motor vehicle. 21
(b) A person other than the owner of record who applies to a county clerk to 22
transfer the registration of a motor vehicle may pay any delinquent ad valorem 23
taxes due on the motor vehicle to facilitate the county clerk's transferring 24
registration of the motor vehicle. 25
(c) The person applying shall not be required to pay delinquent ad valorem taxes 26
due on any other motor vehicle owned by the owner of record from which he 27 UNOFFICIAL COPY 25 RS BR 300
Page 18 of 33
XXXX 2/6/2025 11:16 AM Jacketed
is purchasing his motor vehicle as a condition of registration. 1
(3) (a) A county clerk shall not issue a replacement plate, decal, or registration 2
certificate as provided in KRS 186.180, or a registration renewal for any 3
motor vehicle that is not insured in compliance with KRS 304.39-080. 4
(b) Each applicant for registration renewal shall present proof of compliance to 5
the county clerk in a manner prescribed in administrative regulations issued 6
by the Department of Insurance. 7
(c) [On and after January 1, 2006, if the motor vehicle is a personal motor vehicle 8
as defined in KRS 304.39-087, ]Proof of insurance for a personal motor 9
vehicle shall be determined by the county clerk as provided in KRS 10
186A.042. 11
Section 5. KRS 186.040 is amended to read as follows: 12
(1) (a) Upon receiving the application and fee, the county clerk shall issue to the 13
owner a certificate of registration containing the information required by 14
subsection (2) of this section and a registration plate. 15
(b) If the cabinet finds that there is a shortage of materials suitable for making 16
plates, or that a substantial saving will result, it may require by an 17
administrative regulation promulgated in accordance with KRS Chapter 13A 18
and with the approval of the Governor that the previously issued plates 19
continue to be used for a designated period. 20
(c) Except as provided in subsection (3) of this section and in KRS 186.162, for 21
services performed, the owner shall pay the county clerk the sum of six 22
dollars ($6) for each registration, or if the registration exceeds a twelve (12) 23
month period, the clerk shall receive a fee of nine dollars ($9). 24
(2) The certificate of registration shall contain the registration number, the name and 25
post office address of the owner, and such other information as the cabinet may 26
require. 27 UNOFFICIAL COPY 25 RS BR 300
Page 19 of 33
XXXX 2/6/2025 11:16 AM Jacketed
(3) Thirty dollars ($30) of the registration fee under KRS 186.050 for a motor vehicle 1
that has a declared gross vehicle weight with any towed unit of forty-four thousand 2
and one (44,001) pounds or greater shall be distributed to the county clerk of the 3
county where the vehicle is registered. 4
(4) (a) Any person requesting a certificate of registration or renewal of registration of 5
any type of motor vehicle shall have the opportunity to donate one dollar ($1) 6
to the child care assistance account. 7
(b) The one dollar ($1) donation shall be added to the regular fee for vehicle 8
registration. 9
(c) One (1) donation may be made per issuance or renewal of vehicle registration. 10
(d) Donation to the child care assistance account shall be voluntary and may be 11
refused by the applicant at the time of the issuance or renewal of any vehicle 12
registration. 13
(5) (a) The county clerk may retain five percent (5%) of fees collected for the child 14
care assistance account under subsection (4) of this section. 15
(b) The remaining funds shall be deposited into a trust and agency account in the 16
State Treasury to the credit of the Cabinet for Health and Family Services for 17
the exclusive use as follows: 18
1.[(a)] Funds shall be made available to the agencies that administer child 19
care subsidy funds; and 20
2.[(b)] Funds shall be used as determined by the cabinet for working 21
families whose income exceeds the state income eligibility limits for 22
child day care assistance. 23
(6) (a) Except as provided in KRS 186.162, in addition to the registration fee 24
provided for county clerks in subsections (1) and (3) of this section, an 25
additional three dollars ($3) per registration shall be collected at the time of 26
registration. 27 UNOFFICIAL COPY 25 RS BR 300
Page 20 of 33
XXXX 2/6/2025 11:16 AM Jacketed
(b) This additional fee shall be distributed as follows: 1
1.[(a)] One dollar ($1) shall be placed in an agency fund to provide 2
additional funds exclusively for technological improvements or 3
replacement of the AVIS system. The operation and maintenance of 4
AVIS shall remain as currently provided for from the operational budget 5
of the Transportation Cabinet and shall not be reduced below the 2005-6
2006 funding level; 7
2.[(b)] One dollar ($1) shall be placed in an agency trust fund to provide 8
funds exclusively for technological improvements to the hardware and 9
software in county clerk offices related to the collection and 10
administration of road fund taxes. The[ Transportation] cabinet, in 11
consultation with county clerks, shall allocate funds as necessary from 12
this fund to be used for this exclusive purpose; and 13
3.[(c)] One dollar ($1) shall be placed in a trust fund to be maintained by 14
the[ Transportation] cabinet to provide an unrestricted revenue 15
supplement, for operations of the office related to the collection and 16
administration of road fund taxes, to county clerk offices in counties 17
containing a population of less than twenty thousand (20,000), as 18
determined by the decennial census, and for no other purpose. Annually, 19
by March 1, the[ Transportation] cabinet shall calculate the amount 20
collected in the previous calendar year and distribute the entire fund 21
proportionate to each county that qualifies under this paragraph based on 22
population. This revenue shall be considered current year revenue when 23
paid to the clerk and shall not be identified as excess fees from the 24
previous year. 25
(7) Any motor vehicle registration cancelled for nonrenewal shall be subject to the 26
provisions of KRS 186.181. 27 UNOFFICIAL COPY 25 RS BR 300
Page 21 of 33
XXXX 2/6/2025 11:16 AM Jacketed
(8) (a) The owner of a motor vehicle for which the registration has been cancelled 1
under this section, or revoked under subsection (5)(b) of Section 1 of this 2
Act, shall be subject to a reinstatement fee of forty dollars ($40), payable to 3
the county clerk. 4
(b) The county clerk shall retain twenty dollars ($20) of the reinstatement fee and 5
forward the remaining twenty dollars ($20) to the cabinet. 6
(c) The portion of the reinstatement fee received by the cabinet under this 7
subsection as a result of a revocation under subsection (5)(b) of Section 1 of 8
this Act shall be placed in an agency fund to provide additional funds 9
exclusively for the establishment, implementation, operation, maintenance, 10
and any necessary improvements or replacement of the accessible online 11
insurance verification system established under Section 1 of this Act. 12
Section 6. KRS 186.180 is amended to read as follows: 13
(1) (a) If an[the] owner loses his or her copy of a registration or transfer receipt, the 14
owner[he or she] may obtain a duplicate from the county clerk who issued the 15
present owner's copy of the receipt if:[by] 16
1. [Presenting the clerk ]Proof of insurance on the motor vehicle in 17
compliance with KRS 304.39-080 is provided to the county clerk, 18
except that proof of insurance shall not be required for duplicates 19
applied for by motor vehicle dealers as defined in KRS 190.010;[, and 20
by ] 21
2. The owner files[Filing] an affidavit, upon a form furnished by the 22
cabinet; and[. ] 23
3. The owner pays[shall pay] to the county clerk a fee of three dollars 24
($3)[, except proof of insurance shall not be required for duplicates 25
applied for by motor vehicle dealers as defined in KRS 190.010]. 26
(b) When an[the] owner's copy of any registration or transfer receipt shows that 27 UNOFFICIAL COPY 25 RS BR 300
Page 22 of 33
XXXX 2/6/2025 11:16 AM Jacketed
the spaces provided thereon for noting and discharging security interests have 1
been exhausted, the owner may obtain a duplicate from[apply to] the county 2
clerk who issued the receipt if:[in order to obtain a duplicate thereof.] 3
1. The owner surrenders[shall surrender] his or her copy of the current 4
receipt to the county clerk;[ and provide ] 5
2. Proof of insurance on the motor vehicle in compliance with KRS 6
304.39-080 is provided to the county clerk, except that proof of 7
insurance shall not be required for duplicates applied for by motor 8
vehicle dealers as defined in KRS 190.010; and[, before a duplicate 9
may be issued.] 10
3. The owner pays to[shall pay] the county clerk a fee of three dollars 11
($3)[, except proof of insurance shall not be required for duplicates 12
applied for by motor vehicle dealers as defined in KRS 190.010]. 13
(c) Any security interest which has been discharged as shown by the records of 14
the clerk or upon the owner's copy of the current receipt shall be omitted from 15
the duplicate receipt to be issued by the county clerk. 16
(2) (a) If an[the] owner loses a registration plate, the owner[he or she] shall: 17
1. Surrender his or her registration receipt to the county clerk from whom 18
it was obtained; and 19
2. File a written statement as to the loss of the plate. 20
(b) [Upon presenting the clerk proof of insurance on the motor vehicle in 21
compliance with KRS 304.39-080, and upon the payment of the sum of three 22
dollars ($3) for each plate and a fee of three dollars ($3) to the clerk for his or 23
her services, ]The owner shall be issued another registration receipt and a 24
plate or plates, which shall bear a different number from that of the lost plate, 25
if: 26
1. Proof of insurance on the motor vehicle in compliance with KRS 27 UNOFFICIAL COPY 25 RS BR 300
Page 23 of 33
XXXX 2/6/2025 11:16 AM Jacketed
304.39-080 is provided to the county clerk; and 1
2. The owner pays to the county clerk the sum of: 2
a. Three dollars ($3) for each plate; and 3
b. Three dollars ($3) to the county clerk for his or her services. 4
(c) The county clerk shall: 5
1. Retain the owner's statement;[ and ] 6
2. Retain a copy of the owner's proof of insurance;[, and shall ] 7
3. Make a notation on the triplicate copy of the surrendered registration 8
receipt stating the number of the registration receipt replacing it; and[. ] 9
4. Forward the original copy of the surrendered receipt[ shall be 10
forwarded] to the cabinet. 11
(d) The cabinet shall: 12
1. Immediately[forthwith] cancel the registration corresponding to the 13
number of the lost plate; and 14
2. Report[.] the cancellation[ shall be reported by the cabinet] to the 15
commissioner of the Department of Kentucky State Police. 16
(e) Any person finding a lost registration plate shall deliver it to the[ 17
Transportation] cabinet or to any county clerk for forwarding it to the cabinet. 18
(3) (a) If an[the] owner moves from one (1) county into another county of the 19
Commonwealth, the owner[he or she] may obtain from the county clerk of 20
his or her county of residence a new registration receipt and new 21
registration plate bearing the name of the county of residence if:[. In order to 22
obtain a new registration plate, the owner shall surrender ] 23
1. The owner surrenders his or her current registration receipt and current 24
registration plate to the county clerk;[. Upon being provided with ] 25
2. Proof of insurance on the motor vehicle in compliance with KRS 26
304.39-080 is provided to[,] the county clerk; and[ shall provide the 27 UNOFFICIAL COPY 25 RS BR 300
Page 24 of 33
XXXX 2/6/2025 11:16 AM Jacketed
owner with a new registration receipt and plate bearing the county 1
name] 2
3. The owner pays a fee of five dollars ($5) to the county clerk, of which 3
the county clerk shall be entitled to retain three dollars ($3) and the 4
cabinet shall be entitled to two dollars ($2). 5
(b) The surrendered receipt and plate shall be forwarded to the[ Transportation] 6
cabinet.[ The fee for this registration shall be five dollars ($5) of which the 7
clerk shall be entitled to three dollars ($3) and the cabinet shall be entitled to 8
two dollars ($2).] 9
(4) If an[the] owner's registration is revoked under subsection (5)(b) of Section 1 of 10
this Act[as a result of the provisions set forth in KRS 186A.040], the owner may 11
have his or her registration reinstated by the county clerk who issued the present 12
owner's copy of the receipt if[by presenting the clerk proof of]: 13
(a) The owner pays to the county clerk the reinstatement fee required under 14
subsection (8) of Section 5 of this Act; and 15
(b) The owner provides proof of insurance on the motor vehicle in compliance 16
with KRS 304.39-080 to the county clerk[and by filing an affidavit upon a 17
form furnished by the cabinet; or 18
(b) A valid compliance or exemption certificate in compliance with KRS 224.20-19
720 or issued under the authority of an air pollution control district under 20
KRS 224.20-760]. 21
(5) The owner of a motor vehicle that has the vehicle's registration revoked under KRS 22
186.290 shall pay to the clerk a fee of twenty dollars ($20), which shall be equally 23
divided between the county clerk and the cabinet. 24
(6) [On and after January 1, 2006, if the motor vehicle is a personal motor vehicle as 25
defined in KRS 304.39-087, ]Proof of insurance for a personal motor 26
vehicle[required under this section] shall be determined by the county clerk as 27 UNOFFICIAL COPY 25 RS BR 300
Page 25 of 33
XXXX 2/6/2025 11:16 AM Jacketed
provided in KRS 186A.042. 1
Section 7. KRS 186.190 is amended to read as follows: 2
(1) (a) Except as provided for in paragraph (e) of this subsection, when a motor 3
vehicle that has been previously registered changes ownership, the registration 4
plate shall not remain upon the motor vehicle, but shall be retained by the 5
seller and may be transferred to another vehicle owned or leased by the seller 6
in accordance with paragraph (b) or (c) of this subsection. 7
(b) An individual who sells a motor vehicle which has a valid registration plate 8
may transfer that plate to another vehicle of the same classification at the time 9
the individual transfers the vehicle. If the individual does not have a vehicle to 10
transfer the plate to at the time the individual sells a vehicle, the individual 11
may hold the registration plate for the period of registration. At any time 12
during the period of registration, the individual shall notify the county clerk 13
and transfer the plate to a vehicle of the same classification that he or she has 14
obtained prior to operating that vehicle on a public highway. If the plate 15
transfer occurs in the final month in which the existing registration is still 16
valid, the individual shall be required to renew the registration on the newly 17
acquired vehicle. 18
(c) An individual who trades in a motor vehicle with a valid registration plate 19
during the purchase of a motor vehicle from a licensed motor vehicle dealer 20
shall remove the plate from the vehicle offered in trade. A photocopy of the 21
valid certificate of registration shall be included with the application for title 22
and registration for the purchased vehicle, and the plate shall be retained by 23
the purchaser. The dealer shall equip the purchased vehicle with a temporary 24
tag in accordance with KRS 186A.100 before the buyer may operate it on the 25
highway. When the buyer receives a valid certificate of registration from the 26
county clerk, the buyer shall remove the temporary tag and affix the 27 UNOFFICIAL COPY 25 RS BR 300
Page 26 of 33
XXXX 2/6/2025 11:16 AM Jacketed
registration plate to the vehicle. 1
(d) All vehicle transfers and registration plate transfers shall be initiated within 2
the fifteen (15) day period established under KRS 186.020 and 186A.070. 3
(e) This subsection shall not apply to transfers between motor vehicle dealers 4
licensed under KRS Chapter 190. A secured party who repossesses a vehicle 5
shall comply with KRS 186.045(6). 6
(2) (a) A person shall not purchase, sell, or trade any motor vehicle without 7
delivering to the county clerk of the county in which the sale or trade is made 8
the title, and a notarized affidavit if required and available under KRS 9
138.450 attesting to the total and actual consideration paid or to be paid for 10
the motor vehicle. 11
(b) Except for transactions handled by a motor vehicle dealer licensed pursuant to 12
KRS Chapter 190, the person who is purchasing the vehicle shall present 13
proof of insurance in compliance with KRS 304.39-080 to the county clerk 14
before the clerk transfers the registration on the vehicle. 15
(c) Proof of insurance shall be in the manner prescribed in administrative 16
regulations promulgated by the Department of Insurance pursuant to KRS 17
Chapter 13A. 18
(d) [On and after January 1, 2006, if the motor vehicle is a personal motor vehicle 19
as defined in KRS 304.39-087, ]Proof of insurance for a personal motor 20
vehicle shall be determined by the county clerk as provided in KRS 21
186A.042. 22
(3) (a) Upon delivery of the title, and a notarized affidavit if required and available 23
under KRS 138.450 attesting to the total and actual consideration paid or to be 24
paid for the motor vehicle to the county clerk of the county in which the sale 25
or trade was made, the seller shall pay to the county clerk a transfer fee of two 26
dollars ($2), which shall be remitted to the Transportation Cabinet. 27 UNOFFICIAL COPY 25 RS BR 300
Page 27 of 33
XXXX 2/6/2025 11:16 AM Jacketed
(b) If an affidavit is required, and available, the signatures on the affidavit shall 1
be individually notarized before the county clerk shall issue to the purchaser a 2
transfer of registration bearing the same data and information as contained on 3
the original registration receipt, except the change in name and address. 4
(c) The seller shall pay to the county clerk a fee of six dollars ($6) for the 5
clerk's[his] services. 6
(4) (a) If the owner junks or otherwise renders a motor vehicle unfit for future use, 7
the owner[he] shall deliver the registration plate and registration receipt to the 8
county clerk of the county in which the motor vehicle is junked. 9
(b) The county clerk shall return the plate and motor vehicle registration receipt 10
to the Transportation Cabinet. 11
(c) The owner shall pay to the county clerk one dollar ($1) for the clerk's[his] 12
services. 13
(5) A licensed motor vehicle dealer shall not be required to pay the transfer fee 14
provided by this section, but shall be required to pay the county clerk's fee provided 15
by this section. 16
(6) The motor vehicle registration receipt issued by the clerk under this section shall 17
contain information required by the Department of Vehicle Regulation. 18
Section 8. KRS 186.990 is amended to read as follows: 19
(1) Any person who violates any of the provisions of KRS 186.020, 186.030, 186.040, 20
186.045(4), 186.050, 186.056, 186.060, 186.073, 186.110, 186.130, 186.140, 21
186.160, 186.170, 186.180(1) to (4)[(a)], 186.210(1), 186.230, or KRS 186.655 to 22
186.680 shall be guilty of a violation. 23
(2) Any person who violates any of the provisions of KRS 138.465, 186.072, 186.190, 24
186.200, or 186.210(2) shall be guilty of a Class A misdemeanor. 25
(3) A person who violates the provisions of KRS 186.450(4), (5), or (6) or 186.452(3), 26
(4), or (5) shall be guilty of a violation. A person who violates any of the other 27 UNOFFICIAL COPY 25 RS BR 300
Page 28 of 33
XXXX 2/6/2025 11:16 AM Jacketed
provisions of KRS 186.400 to 186.640 shall be guilty of a Class B misdemeanor. 1
(4) Any clerk or judge failing to comply with KRS 186.550(1) shall be guilty of a 2
violation. 3
(5) If it appears to the satisfaction of the trial court that any offender under KRS 4
186.400 to 186.640 has a driver's license but in good faith failed to have it on his or 5
her person or misplaced or lost it, the court may, in its discretion, dismiss the 6
charges against the defendant without fine, imprisonment, or cost. 7
(6) Any person who steals a motor vehicle registration plate or renewal decal shall be 8
guilty of a Class D felony. Displaying a canceled registration plate on a motor 9
vehicle shall be prima facie evidence of guilt under this section. 10
(7) Any person who violates the provisions of KRS 186.1911 shall be guilty of a Class 11
A misdemeanor. 12
(8) Any person who makes a false affidavit to secure a license plate under KRS 13
186.172 shall be guilty of a Class A misdemeanor. 14
(9) Any person who violates any provision of KRS 186.070 or 186.150 shall be guilty 15
of a Class A misdemeanor. 16
(10) Any person who operates a vehicle bearing a dealer's plate upon the highways of 17
this Commonwealth with intent to evade the motor vehicle usage tax or registration 18
fee shall be guilty of a Class A misdemeanor for the first offense and a Class D 19
felony for each subsequent offense. 20
(11) Any person, other than a licensed dealer or manufacturer, who procures a dealer's 21
plate with intent to evade the motor vehicle usage tax or registration fee shall be 22
guilty of a Class D felony. 23
(12) Any resident who unlawfully registers, titles, or licenses a motor vehicle in any 24
state other than Kentucky with intent to evade the motor vehicle usage tax or the 25
registration fee shall be guilty of a Class A misdemeanor if the amount of tax due is 26
less than one hundred dollars ($100), or of a Class D felony if the amount of tax due 27 UNOFFICIAL COPY 25 RS BR 300
Page 29 of 33
XXXX 2/6/2025 11:16 AM Jacketed
is more than one hundred dollars ($100), and in addition shall be liable for all taxes 1
so evaded with applicable interest and penalties. 2
Section 9. KRS 304.39-085 is amended to read as follows: 3
(1) As used in this section, the following have the same meaning as in Section 1 of 4
this Act: 5
(a) "Commercial motor vehicle"; 6
(b) "Commercial motor vehicle insurance"; and 7
(c) "Insurer." 8
(2) Every insurer that does not provide access to insurance status information for 9
commercial motor vehicles as specified by the Department of Vehicle Regulation 10
under Section 1 of this Act[authorized insurance company] shall, within one (1) 11
calendar week following the end of its accounting month, send to the Department of 12
Vehicle Regulation a list of all persons insured by it whose commercial motor 13
vehicle insurance[policy] was terminated by either cancellation or nonrenewal 14
during such accounting month, except those persons whose nonrenewal was at the 15
end of a policy with a term of six (6) months or longer and who failed to make a 16
payment for the renewal of the policy. Such list shall include a description of each 17
vehicle insured under such terminating policy. 18
(3)[(2)] An insurer may[It shall be lawful for an authorized insurance company to] 19
present the information required by subsection (2)[(1)] of this section by compatible 20
computer tape approved by the Department of Vehicle Regulation. 21
[(3) On and after January 1, 2006, this section shall not apply to policies covering 22
personal motor vehicles as defined in KRS 304.39-087.] 23
Section 10. KRS 304.39-087 is amended to read as follows: 24
(1) (a) As used in this subsection[section], [unless the context requires otherwise,] 25
"personal motor vehicle" means: 26
1.[(a)] A private passenger motor vehicle that is not used as a public or 27 UNOFFICIAL COPY 25 RS BR 300
Page 30 of 33
XXXX 2/6/2025 11:16 AM Jacketed
livery conveyance for passengers, nor rented to others; and 1
2.[(b)] Any other four-wheel motor vehicle that weighs six thousand 2
(6,000) pounds or less which is not used in the occupation, profession, 3
or business of the insured. 4
(b)[(2)] Prior to January 1, 2027[Beginning January 1, 2006], every insurance 5
company that writes liability insurance on personal motor vehicles in 6
Kentucky shall, between the first and fifteenth day of each month, send to the 7
Department of Vehicle Regulation a list of the vehicle identification numbers 8
(VINs) of each personal motor vehicle covered by liability insurance issued 9
by the insurer as of the last day of the preceding month and the name of each 10
personal motor vehicle insurance policyholder. The information shall be 11
submitted either electronically or by paper copy at the option of the 12
Department of Vehicle Regulation. 13
(c)[(3)] In the absence of malice, fraud, or gross negligence, an[any] insurer and 14
any authorized employee of the[an] insurer shall not be subject to civil 15
liability for libel, slander, or any other relevant tort, and no civil cause of 16
action of any nature shall arise against the insurer or authorized employee, for 17
submission of the information required by[ subsection (2) of] this 18
subsection[section], including submission of inaccurate or incomplete 19
information. 20
(2) Every insurer that provides coverage for the security required under KRS 304.39-21
080 for personal motor vehicles, as defined in Section 1 of this Act, shall comply 22
with Section 1 of this Act. 23
Section 11. KRS 304.39-117 is amended to read as follows: 24
(1) As used in this section, the following have the same meaning as in Section 1 of 25
this Act: 26
(a) "Accessible online insurance verification system" or "system"; 27 UNOFFICIAL COPY 25 RS BR 300
Page 31 of 33
XXXX 2/6/2025 11:16 AM Jacketed
(b) "Commercial motor vehicle"; 1
(c) "Insurer"; and 2
(d) "Personal motor vehicle." 3
(2) (a) Each insurer[ issuing an insurance contract which provides security covering a 4
motor vehicle] shall provide to the insured, in compliance with administrative 5
regulations promulgated by the commissioner[department], written proof in 6
the form of an insurance card that the insured has in full force and effect 7
the[an insurance contract providing] security required under[in conformity 8
with] this subtitle. 9
(b) An insurer may provide an insurance card in either a paper or an electronic 10
format. 11
(c) For commercial motor vehicles, the insurance card shall clearly indicate 12
that the coverage is commercial or fleet coverage. 13
(3)[(2)] If an owner enters into an insurance contract on a newly acquired motor 14
vehicle, or changes insurance carriers on an existing motor vehicle, the owner shall 15
keep the paper insurance card or an[a portable] electronic device to download the 16
insurance card in his or her motor vehicle for the following number of[forty-five 17
(45)] days after[from] the date the coverage took effect as prima facie evidence that 18
the required security is currently in full force and effect, and shall show the card to 19
a peace officer upon request: 20
(a) Except as provided in paragraph (b) of this subsection, forty-five (45) days 21
for a commercial motor vehicle; or 22
(b) Seven (7) days for a: 23
1. Personal motor vehicle; or 24
2. Commercial motor vehicle if the commercial motor vehicle is covered 25
by an insurer that has opted to report to the accessible online 26
insurance verification system. 27 UNOFFICIAL COPY 25 RS BR 300
Page 32 of 33
XXXX 2/6/2025 11:16 AM Jacketed
(4)[(3)] For a[As to] personal motor vehicle or a commercial motor vehicle if the 1
commercial motor vehicle is covered by an insurer that has opted to report to the 2
accessible online insurance verification system:[vehicles as defined in KRS 3
304.39-087, ] 4
(a) The paper or electronic insurance card or the system[database created by KRS 5
304.39-087] shall be evidence to a peace officer who requests the card if the 6
peace officer has access to the system[database through AVIS]; and[. ] 7
(b) If the system[AVIS] does not list the vehicle identification number of the[ 8
personal] motor vehicle as an insured vehicle, the peace officer may accept a 9
paper or electronic insurance card as evidence that the required security is 10
currently in full force and effect on the[ personal] motor vehicle if the card 11
was effective no more than seven (7)[forty-five (45)] days before the date on 12
which the peace officer requests the card. 13
(5)[(4)] For purposes of this section: 14
(a) An insurance card in an electronic format means the display of an image on 15
any[ portable] electronic device, including a cellular phone or any other type 16
of portable electronic device, depicting a current valid representation of the 17
card; 18
(b) Whenever a person presents an[a mobile] electronic device pursuant to this 19
section, that person assumes all liability for any damage to the[ mobile] 20
electronic device; and 21
(c) When a person provides evidence of financial responsibility using an[a 22
mobile] electronic device to a peace officer, the peace officer shall only view 23
the electronic image of the insurance card and is prohibited from viewing any 24
other content on the[ mobile] electronic device. 25
Section 12. By July 1, 2025: 26
(1) The Department of Insurance shall identify and appoint the initial four insurer 27 UNOFFICIAL COPY 25 RS BR 300
Page 33 of 33
XXXX 2/6/2025 11:16 AM Jacketed
representatives to the technical advisory committee created under subsection (4) of 1
Section 1 of this Act in accordance with paragraph (d) of that subsection; and 2
(2) The Department of Vehicle Regulation shall notify the members of the 3
technical advisory committee created under subsection (4) of Section 1 of this Act of the 4
date, time, and location of the first meeting, which meeting may include remote 5
attendance and shall: 6
(a) Take place within 30 days of the date of the notification; and 7
(b) Include an informational status update from the department relating to the 8
establishment and implementation of the accessible online insurance verification system. 9
Section 13. Sections 2 and 11 of this Act take effect on January 1, 2027. 10