HB 724

UNOFFICIAL COPY  26 RS BR 2293
1AN ACT relating to transportation.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3Section 1. KRS 186.230 is amended to read as follows:
4 The county clerk shall see that KRS 186.005 to 186.260 in his or her county are
5 enforced. In so doing, the clerk[he] shall:
6 (1)    Take all applications as provided in KRS 186.005 to 186.260;
7 (2)    Issue the receipts on blanks furnished by the cabinet;
8 (3)    Collect the fees due the state;
9 (4)    Distribute the registration plates furnished by the Transportation Cabinet and
10Department of Vehicle Regulation and keep a complete public record of all
11registrations for the[his] county, in the clerk's[his] office;
12 (5)    Report and remit each Monday to the Transportation Cabinet all moneys collected
13during the previous week, together with a duplicate of all receipts issued by the
14clerk's office[him] during the same period. The clerk[He] shall make all checks
15payable to the State Treasurer. Unless the clerk forwards duplicates of all receipts
16issued by the clerk's office[him] during the reporting period with this[his] report
17and remits the amount shown due by the report within seven (7) days after the
18report and remittance are due, the clerk[he] shall pay a penalty of one percent (1%)
19per month or fraction thereof on the amount of money shown to be due on the
20report. The cabinet may in its discretion grant a county clerk a reasonable extension
21of time to file this[his] report and remit all moneys, not to exceed ten (10) days for
22any one (1) report. The extension, however, must be requested prior to the end of
23the seven (7) day period and shall begin to run at the end of that[said] period. All
24penalties collected under this provision shall be paid into the State Treasury as a
25part of the revenue collected under KRS 186.005 to 186.260;
26 (6)    The clerk shall mail to the Transportation Cabinet one (1) duplicate of all receipts
27issued by the clerk's office[him] within two (2) weeks of the date of issuance. The
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1Transportation Cabinet shall make the receipts pertaining to commercial vehicles
2available to the Department of Vehicle Regulation for use in assimilating data[
3therefrom];
4 (7)    Account to the Transportation Cabinet for all registration plates and receipt forms
5consigned to the clerk's office[him], at such time or times as the Transportation
6Cabinet may direct, and give the appropriate cabinet timely notice of a probable
7deficiency of plates or other supplies;
8 (8)    Any county clerk, who in collecting the taxes and fees due the state or county clerk,
9accepts in payment thereof a check which is not honored upon presentment, shall
10have a lien on the vehicle for the amount of such check. This lien shall be
11subordinate to any prior perfected lien, either contractual or statutory;
12 (9)    No person shall be permitted to sell, trade or transfer ownership of a motor vehicle
13if evidence is presented to the county clerk that any lien exists on the motor vehicle;
14and
15 (10) The county clerk shall not issue to any manufacturer or dealer any registration plate
16other than a manufacturer's or dealer's plate, or registration plate which is under a
17dealer assignment pursuant to KRS 186A.230, except when the dealer registers a
18motor vehicle under a U-Drive-It permit, without collecting designated registration
19fees and applicable taxes.
20Section 2. KRS 186.120 is amended to read as follows:
21 (1)    If any motor vehicle other than a commercial vehicle upon which the license tax has
22been paid is destroyed by fire or accident, so that the vehicle is rendered entirely
23useless the owner shall be entitled to have refunded to him or her a part of the
24license fee paid in proportion[by him proportionate] to the registration period for
25which the license was granted.
26 (2)    If any commercial vehicle upon which the license tax has been paid is destroyed by
27fire or accident so that the vehicle is rendered entirely useless the owner is entitled
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1to have refunded to him that portion of the tax which he or she had
2previously[theretofore] paid allocable to the remaining complete quarters of the
3unexpired period for which the tax was paid.
4 (3)    To obtain the refund, the owner whose motor vehicle has been destroyed shall apply
5to the Transportation Cabinet, submitting an[his] affidavit and the affidavits of two
6(2) reputable persons, attesting to the fact that the vehicle has been destroyed, and
7the manner of destruction, and shall return the original license plates to the
8Transportation Cabinet. The Transportation Cabinet shall examine all applications
9and investigate the claims for refund, and if a claim is found to be correct, it shall
10approve it for payment, whereupon the Finance and Administration Cabinet shall
11draw a warrant upon the State Treasurer in favor of the owner of the destroyed
12vehicle, and charge the amount of it to the state road fund.
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