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2005 Summary of New State Laws - Kentucky

(Preliminary List of 2005 Enacted Legislation)

Issue

Bill #

Bill Description

House Bill 18

Amends KRS 91A.080 to permit the Department of Insurance to impose a penalty against an insurance company that willfully engages in a pattern of business of failing to properly collect and remit the fee or tax imposed by a city, county, charter county, consolidated local government, or urban-county government on insurance premiums; provide that the penalty shall be no greater than ten percent (10%) of the additional license fees or taxes determined to be owed to the local government; require the department to collect the penalty and remit it to the local government; provide that any agent or company that overpays any license fee or tax to a city, county, charter county, consolidated local government, or urban-county government must be refunded the amount overpaid; provide that if the local government fee or tax on insurance premiums was collected upon lives or risks which are discovered to be located outside the local government which was paid the fee or tax, the insurance company or agent who paid the tax shall be refunded the fees and taxes within 90 days of notice to the governmental entity paid. Signed by Governor on March 8.

House Bill 39

Permits any local government to erect motorcycle awareness signs in the right-of-way of any highway that is part of the state primary road system established under KRS 177.020. Signed by Governor on March 18.

House Bill 63

Imposes penalties on both the owner of an uninsured motor vehicle and anyone who is caught driving that vehicle. Signed by Governor on March 18.

House Bill 80

Amends KRS 186A.042 to provide that if AVIS does not list the vehicle identification number of a motor vehicle, the county clerk may process the application if the owner of the vehicle is serving in the Armed Forces outside of Kentucky, and the owner provides an affidavit by the provost marshal of the base where the owner is stationed stating that the motor vehicle is covered by security as required by Subtitle 39 of KRS Chapter 304. Signed by Governor on March 8.

House Bill 109

Amends KRS 186A.530, relating to branded titles for motor vehicles, to require that a vehicle that has been issued a previous title branded "junk," "unrebuildable," or other similar classification by another state, if rebuilt in Kentucky, carry a special brand on the title that warns that the vehicle may not be eligible to be titled for highway use in all states; amends 186A.990 to conform. Signed by Governor on March 8.

House Bill 139

Amends KRS 189.214, relating to traffic regulations governing travel trailers and recreational vehicles, to delete references to travel trailers; clarifies permissible appurtenances and the width of a recreational vehicle including the appurtenances. Signed by Governor on March 8.

House Bill 164

Amends KRS 304.35-040, pertaining to the reinsurance association of the Kentucky FAIR plan, to provide that two of the members of the association governing committee shall be from the National Association of Mutual Insurance Companies and the Property Casualty Insurers Association of America; deletes provision requiring the commissioner to approve the "FAIR" plan and articles of association. Signed by Governor on March 8.

House Bill 196

Amends KRS 186.412, relating to personal identification cards, to permit the issuance of a personal identification card to the holder of an instruction permit or an operator's license; KRS 186.531 to conform. Signed by Governor on March 11.

House Bill 275

Bill makes numerous changes to the state's producer licensing laws. Signed by Governor on March 18.

House Bill 323

Creates new sections of KRS Chapter 176 to establish an Off-road Motorcycle and ATV Commission; establishes membership and duties of the commission; attaches commission to the Transportation Cabinet for administrative purposes. Signed by Governor on March 18.

House Bill 335

Amends KRS 187.290 to change the definition of "proof of financial responsibility" for motor vehicle accidents to increase the damages one must be able to respond to from $10,000 to $25,000 for bodily injury or death on one person in any one accident, from $20,000 to $50,000 for bodily injury or death to two or more persons in any one accident, and from $5,000 to $10,000 for injury to or destruction of property of others in any one accident. Signed by Governor on March 18.

House Bill 426

Amends KRS 186.240, regarding motor vehicle license plates, to eliminate the set 5 year replating schedule and, instead, allow the Transportation Cabinet to establish a replating schedule at its discretion. Signed by Governor on March 11.

House Bill 449

Creates a new section of KRS Chapter 371 to define "construction services contract"; establish that indemnification clauses purporting to indemnify or hold harmless another person from that person's own negligence or from the negligence of his or her contractors, agents, or employees are void and unenforceable. Signed by Governor on March 18.

Senate Bill 77

Creates a motorcycle safety education program and establish program guidelines. Signed by Governor on March 18.

Senate Bill 86

Establishes minimum financial standards for workers' compensation self-insured groups to ensure that self-insured groups are providing adequate coverage for member employers' risks and liabilities under KRS Chapter 342 for injured employees of the member employers. Signed by Governor on March 1.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.

Kentucky State Resource Center