AN ACT relating to motor vehicles.
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SB 71 — AN ACT relating to motor vehicles.
Last action — signed by Governor (Acts Ch. 74)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 05, 2021. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
705 added · 944 removed705 line(s) added, 944 removed.
UNOFFICIALCHAPTER COPY74 211 RSCHAPTER 74 ( SB 71/GA71 ) AN ACT relating to motor vehicles.
Page 1 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA (8)[(7)] "Cabinet" means the Kentucky Transportation Cabinet;
PageLegislative 2Research ofCommission 32PDF SB007110.100Version -ACTS 238OF -THE XXXXGENERAL GAASSEMBLY UNOFFICIAL COPY 21 RS SB 71/GA (18)[(17)] "Disabled persons vehicle certificate" means a certificate granting authority for the operation of one (1) or more disabled persons vehicles transporting passengers for hire;
(b) Mental health, intellectual disabilities, or comprehensive care under KRS Page 3 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA Chapter 202A, 202B, 210, or 645;
CHAPTER 74 3 (37)[(35)] "Motor vehicle" means any motor-propelled vehicle used for the Page 4 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA transportation of passengers or property on a public highway, including any such vehicle operated as a unit in combination with other vehicles;
(45)[(43)] "Property certificate" means a certificate granting authority for the Page 5 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA transportation of property, other than household goods, not exempt under KRS 281.605;
(52)[(48)] "Tariff" means the listing of compensation received by a motor carrier for Page 6 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA household goods that includes the manner in which and the amount of fares an authorized motor carrier may charge;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (54)[(50)] "Taxicab certificate" means a certificate granting authority for the operation of one (1) or more taxicabs transporting passengers for hire;
and (c) Seizure towing, which is the towing of a motor vehicle for law enforcement Page 7 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA purposes involving the:
(63)[(55)] "Transportation network company service" or "TNC service" means a Page 8 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA prearranged passenger transportation service offered or provided through the use of a transportation network company mobile application or digital network to connect potential passengers with transportation network company drivers;
CHAPTER 74 5 (64)[(56)] "Transportation network company vehicle" or "TNC vehicle" means a privately owned or leased motor vehicle, designed or constructed with not more than eight (8) regular seats, operating under a transportation network company certificate;
and (66)[(58)] "U-Drive-It certificate" means a certificate granting authority for the operation of one (1) or more U-Drive-Its.U- Drive-Its.
A NEW SECTION OF KRS CHAPTER 281 IS CREATED TO Page 9 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA READ AS FOLLOWS:
(c) Owner of a disabled motor vehicle has provided consent to the towing Page 10 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA company to stop or perform a towing service;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (5) (a) Except as provided in subsections (6) and (7) of this section, the owner or operator of a disabled motor vehicle, in consultation with law enforcement or with authorized state or local government personnel, may:
(7) The authority of an owner or operator of a disabled motor vehicle to summon the towing company of the owner's or operator's choice under subsection (5) of this Page 11 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA section shall be superseded by a law enforcement officer or by authorized state or local government personnel if:
and Page 12 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA (b) The color, make, model, year, vehicle identification number, and license plate number of the disabled motor vehicle.
A towing company shall retain the record created under subsection (10) or (11) of this section for a period of two (2) years from the date the disabled motor vehicle was towed and, CHAPTER 74 7 throughout the two (2) year period, make the record available for inspection and copying, not later than forty-eight (48) hours after receiving a written request from a law enforcement agency, the Attorney General, the disabled motor vehicle's owner, or an authorized agent of the disabled motor vehicle's owner.
(1) (a) This section applies to any towing company that engages in, or offers to Page 13 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA engage in, private property towing.
(b) This section does not apply to the towing of a motor vehicle from a tow-tow-away away zone that is not located on private property.
Upon the owner's or operator's payment of the amount specified, the towing company shall release the motor vehicle to the owner or operator and give the owner or operator Page 14 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA a receipt showing the full amount of the fee the towing company normally charges for the release of a motor vehicle and the amount of the fee paid by the owner or operator.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (3) (a) Any towing company or storage facility shall post a rate sheet at its place of business and shall make the rate sheet available upon a customer's request.
(4) An itemized invoice of actual towing charges assessed by a towing company for a Page 15 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA completed tow shall be made available to the owner of the motor vehicle or the owner's agent no later than one (1) business day after:
Page 16 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA (a) Be retained by the towing company for a period of two (2) years from the date of issuance;
CHAPTER 74 9 (c) Stolen or misappropriated and its removal from the public ways has been ordered by police, other public authority, or by private person or business;
Page 17 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA or (d) In any other situation, involuntarily towed or transported by order of police, other authority, or by private person or business.
Page 18 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA (c) The name, address, and telephone number where the vehicle will be located;
(1) This section applies to towing companies that tow and store motor vehicles, and to storage facilities that store vehicles towed by a towing company, regardless of Page 19 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA whether the towing company and the storage facilities are affiliates.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) A properly identified owner or lienholder of the motor vehicle;
(4) A towing company or storage facility shall accept payment made by any of the Page 20 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA following means from an individual seeking to release a motor vehicle:
(2) All services rendered by a towing company or storage facility, including warranty Page 21 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA or no-cost services, shall be recorded on an invoice.
CHAPTER 74 11 (1) A towing company shall not:
(a) Upon payment of all costs incurred against a motor vehicle towed and stored under this chapter, refuse to release the motor vehicle to a properly Page 22 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA identified owner or lienholder of the motor vehicle or to an authorized representative of the insurance company insuring the motor vehicle or the insurance company's contracted provider, if the motor vehicle is covered by an active policy of insurance.
(b) Proceeds shall then be applied to satisfy the lien, with any surplus disbursed as Page 23 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA provided in subsection (5) of this section.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 4.
(4) The sale under this section shall be held at the self-service storage facility, the location of the self-contained storage unit where the personal property is stored, or a Page 24 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA publicly accessible Web site.
Notices to the occupant shall be sent to the occupant at the occupant's Page 25 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA last known address.
CHAPTER 74 13 (1) [When a motor vehicle has been involuntarily towed or transported pursuant to order of police, other public authority, or private person or business for any reason or when the vehicle has been stolen or misappropriated and its removal from the public ways has been ordered by police, other public authority, or by private person or business, or in any other situation where a motor vehicle has been involuntarily towed or transported by order of police, other authority, or by private person or business, the police, other authority, private person or business shall attempt to ascertain from the Transportation Cabinet the identity of the registered owner of the motor vehicle or lessor of a motor carrier as defined in KRS Chapter 281 and within Page 26 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA ten (10) business days of the removal shall, by certified mail, attempt to notify the registered owner at the address of record of the make, model, license number and vehicle identification number of the vehicle and of the location of the vehicle, and the requirements for securing the release of said motor vehicle.
(b) [Prior to payment of fees and release of a vehicle, a towing or storage company shall not refuse the right of physical inspection of the towed vehicle Page 27 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA by the owner or an insurance company representative.
A lien on a vehicle under this subsection shall be subject to prior recorded liens, unless released by any existing lienholder pursuant to paragraph (c) of subsection (1) of this section.subsection.
Show all 49 changed lines (9 more)
Such notification, in addition to the requirements of Section 6 of this Act[ The letter] shall include the make, model, license number, vehicle Page 28 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA identification number, owner's name and last known address, and tentative date of sale for the vehicle, and state that the towing company or storage facility seeks to obtain a new title free and clear of any liens, excluding tax liens.
If a lienholder does not exercise the right to take possession of the motor vehicle under this paragraph within forty-fiveforty- Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY five (45) days of notification, and all lienholders agree in writing, the towtowing company or storage facility may obtain a new title under Section 14 of this Act free and clear of any liens, excluding tax liens.
Page 29 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA (c) Educational materials, including but not limited to calculators, books, papers, and school supplies;
(4)[(6)] The storage or towing company shall not be responsible for contents in a vehicle's trunk or other locked compartment to which the storage or towing company is without access, unless the towing company intentionally opens the area Page 30 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA without the owner's consent.
CHAPTER 74 15 (2) This section[ provision] shall not apply to transactions involving:
or (c) A secured party applying for a repossession title under KRS 186.045186.045(6). (6).
Page 31 of 32 SB007110.100 - 238 - XXXX GA UNOFFICIAL COPY 21 RS SB 71/GA 1.
PageSigned 32by ofGovernor 32March SB007110.10022, -2021. 238 - XXXX GA
Legislative Research Commission PDF Version
Show all 49 changed rows (9 more)
Action History
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signed by Governor (Acts Ch. 74)
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delivered to Governor
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enrolled, signed by Speaker of the House
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enrolled, signed by President of the Senate
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received in Senate
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3rd reading, passed 92-2
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posted for passage in the Regular Orders of the Day for Friday, March 5, 2021
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2nd reading, to Rules
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reported favorably, 1st reading, to Calendar
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posted in committee
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to Banking & Insurance (H)
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to Committee on Committees (H)
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received in House
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3rd reading, passed 35-1 with Committee Substitute
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posted for passage in the Consent Orders of the Day for Friday, February 26, 2021
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2nd reading, to Rules
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reported favorably, 1st reading, to Consent Calendar with Committee Substitute (1)
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to Banking & Insurance (S)
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to Committee on Committees (S)
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introduced in Senate
Sponsors
- Jared Carpenter · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 137 not signed on · 2 voted No
Sponsors (1)
- Jared Carpenter Republican
Co-sponsors (0)
None.
Not signed on (137)
137 members have not signed on to this bill.
Show all 137 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 50 | 0 | 0 | 2 |
| Unaffiliated | 36 | 1 | 0 | 3 |
| Democrat | 6 | 1 | 0 | 1 |
| Total | 92 | 2 | 0 | 6 |
| % of votes cast | 92% | 2% | 0% | 6% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| DuPlessis | — | Yea |
| Rowland | — | Yea |
| Bechler | — | Yea |
| Meredith | — | Yea |
| Bentley | — | Yea |
| Fischer | — | Yea |
| Jenkins | — | Yea |
| Santoro | — | Yea |
| Scott | — | Yea |
| Minter | — | Yea |
| Sheldon | — | Yea |
| Flood | — | Yea |
| Koenig | — | Yea |
| Palumbo | — | Yea |
| Thomas | — | Yea |
| Timoney | — | Yea |
| Burch | — | Yea |
| Goforth | — | Yea |
| Pratt | — | Yea |
| Prunty | — | Yea |
| Cantrell | — | Yea |
| Webber | — | Yea |
| Massey | — | Yea |
| Raymond | — | Yea |
| Westrom | — | Yea |
| Dixon | — | Yea |
| Hatton | — | Yea |
| Wheatley | — | Yea |
| Donohue | — | Yea |
| Heath | — | Yea |
| McCoy | — | Yea |
| Smith | — | Nay |
| Graham | — | Not Voting |
| Meeks | — | Not Voting |
| Carney | — | Not Voting |
| Huff R | — | Yea |
| Kirk McCormick | — | Yea |
| Miller C | — | Yea |
| Miller J | — | Yea |
| Stevenson C | — | Yea |
| Al Gentry | Democrat | Yea |
| Ashley Tackett Laferty | Democrat | Nay |
| George Brown Jr. | Democrat | Yea |
| Lisa Willner | Democrat | Yea |
| Mary Lou Marzian | Democrat | Not Voting |
| Nima Kulkarni | Democrat | Yea |
| Pamela Stevenson | Democrat | Yea |
| Tina Bojanowski | Democrat | Yea |
| Aaron Reed | Republican | Yea |
| Adam Bowling | Republican | Yea |
| Bill Wesley | Republican | Not Voting |
| Bobby McCool | Republican | Yea |
| Chris Freeland | Republican | Yea |
| Chris Fugate | Republican | Yea |
| DJ Johnson | Republican | Yea |
| Daniel Elliott | Republican | Yea |
| Daniel Fister | Republican | Yea |
| David Hale | Republican | Yea |
| David Meade | Republican | Yea |
| David W. Osborne | Republican | Yea |
| Deanna Gordon | Republican | Yea |
| Derek Lewis | Republican | Yea |
| Felicia Rabourn | Republican | Yea |
| James Tipton | Republican | Yea |
| Jason Nemes | Republican | Yea |
| Jason Petrie | Republican | Yea |
| Jennifer Decker | Republican | Yea |
| Jim Gooch Jr. | Republican | Yea |
| John Blanton | Republican | Yea |
| Josh Branscum | Republican | Yea |
| Josh Bray | Republican | Yea |
| Josh Calloway | Republican | Yea |
| Ken Fleming | Republican | Yea |
| Ken Upchurch | Republican | Yea |
| Kim Banta | Republican | Not Voting |
| Kim King | Republican | Yea |
| Kimberly Poore Moser | Republican | Yea |
| Mark Hart | Republican | Yea |
| Mary Beth Imes | Republican | Yea |
| Matt Lockett | Republican | Yea |
| Matthew Koch | Republican | Yea |
| Myron Dossett | Republican | Yea |
| Nancy Tate | Republican | Yea |
| Patrick Flannery | Republican | Yea |
| Randy Bridges | Republican | Yea |
| Richard White | Republican | Yea |
| Ryan Dotson | Republican | Yea |
| Samara Heavrin | Republican | Yea |
| Savannah Maddox | Republican | Yea |
| Scott Lewis | Republican | Yea |
| Scott Sharp | Republican | Yea |
| Shane Baker | Republican | Yea |
| Shawn McPherson | Republican | Yea |
| Steve Bratcher | Republican | Yea |
| Steve Riley | Republican | Yea |
| Steven Rudy | Republican | Yea |
| Suzanne Miles | Republican | Yea |
| T.J. Roberts | Republican | Yea |
| Thomas Huff | Republican | Yea |
| William Lawrence | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 17 | 0 | 0 | 2 |
| Republican | 16 | 1 | 0 | 0 |
| Democrat | 2 | 0 | 0 | 0 |
| Total | 35 | 1 | 0 | 2 |
| % of votes cast | 92% | 3% | 0% | 5% |
How each member voted (38)
| Member | Party | Vote |
|---|---|---|
| Alvarado | — | Yea |
| Turner | — | Yea |
| Kerr | — | Yea |
| Schickel | — | Yea |
| Buford | — | Yea |
| Schroder | — | Yea |
| McGarvey | — | Yea |
| Smith | — | Yea |
| Westerfield | — | Yea |
| Meredith | — | Yea |
| Southworth | — | Yea |
| Embry | — | Yea |
| Thayer | — | Yea |
| Yates | — | Yea |
| Hornback | — | Yea |
| Parrett | — | Yea |
| Thomas | — | Yea |
| Castlen | — | Not Voting |
| Harper Angel | — | Not Voting |
| Gerald A. Neal | Democrat | Yea |
| Karen Berg | Democrat | Yea |
| Brandon J. Storm | Republican | Yea |
| Christian McDaniel | Republican | Yea |
| Danny Carroll | Republican | Yea |
| David P. Givens | Republican | Yea |
| Jared Carpenter | Republican | Yea |
| Jason Howell | Republican | Yea |
| Jason Nemes | Republican | Yea |
| Jimmy Higdon | Republican | Nay |
| Julie Raque Adams | Republican | Yea |
| Max Wise | Republican | Yea |
| Mike Wilson | Republican | Yea |
| Phillip Wheeler | Republican | Yea |
| Rick Girdler | Republican | Yea |
| Robby Mills | Republican | Yea |
| Robert Stivers | Republican | Yea |
| Robin L. Webb | Republican | Yea |
| Stephen West | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 71?
- SB 71 is sponsored by Jared Carpenter (Republican).
- What is the current status of SB 71?
- This bill has been enacted into law. Introduced January 05, 2021. Enacted.
- Where can I track SB 71?
- Track SB 71 free on One Click Politics — get push/email alerts when it moves.
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