Kentucky SB 30: AN ACT relating to crime victims' rights. Repeal and reenact or repeal, reenact, and amend various sections of the Crime Victims' Bill of Rights to change statutory definition of "victim"; require that restitution to the victim be made when possible; repeal KRS 421.540; provide for a delayed contingent effective date of November 6, 2018, upon ratification of a proposed constitutional amendment providing protection of crime victims' rights.

Bill Text

CHAPTER 133
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CHAPTER 133
( SB 30 )
AN ACT relating to motor vehicles.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 190.058 is amended to read as follows:
(1) The Motor Vehicle Commission is hereby created as an agency of the Commonwealth to carry out the
functions and duties conferred upon it by this section.
(2) The commission shall consist of twelve (12) members, eleven (11) of whom shall be appointed by the
Governor, and the twelfth shall be the commissioner of the Department of Vehicle Regulation. The appointed
members shall be:
(a) One (1) representative of an automobile manufacturer;
(b) One (1) representative of automobile wholesalers;
(c) One (1) representative of consumers who shall have no direct financial interest in the industry;
(d) Four (4) new motor vehicle dealers, but no more than two (2) shall represent the same automobile
manufacturer as a franchise dealer; and
(e) Four (4) used motor vehicle dealers.
(3) In addition to the requirements of membership on the commission in subsection (2) of this section, the
following requirements shall apply to the composition of the commission:
(a) No more than seven (7) members shall be from the same political party; and
(b) From the eight (8) members specified in subsection (2)(d) and (e) of this section, seven (7) shall be
from separate Supreme Court districts.
(4) Each member shall serve for a term of three (3) years. The staggered terms of membership dating from the
gubernatorial appointments of July 15, 1982, shall remain in effect.
(5) (a) Members of the commission shall qualify by taking the constitutional oath of office which shall, with
the certificate of appointment, be evidence of the authority of the member to act.
(b) Each member of the commission shall be entitled to two hundred dollars ($200) per day for each day
actually engaged in the duties of the office, including time spent in necessary travel to and from
meetings and otherwise, together with all travel and other necessary expenses incurred while
performing official duties.
(6) The commission shall hold a regular annual meeting in September of each year and elect a
chairperson[chairman] and vice chairperson[chairman] to serve for the ensuing year. The commission shall
have regular meetings as the majority of the members specifies and special meetings at the request of any five
(5) members. Reasonable notice of all meetings shall be given as commission administrative regulations
prescribe.
(7) A member of the commission shall not participate in the deliberations of the commission and shall not vote on
any matter before the commission in which the member has a financial interest or is an interested party. A
member shall voluntarily disqualify himself or herself from deliberating or voting upon matters that affect the
member but shall not be required to disqualify from matters of general interest affecting the member, the
member's employer, or a business unit in which the member has a financial interest as a member of a class of
persons to be affected by an administrative regulation or order of the commission.
(8) A majority of the commissioners, excluding any disqualified commissioner, shall constitute a quorum for the
transaction of any business, for the performance of any duty, or for the exercise of any power of the
commission. A vacancy in the commission, whether due to disqualification or otherwise, shall not impair the
right of the remaining commissioners to exercise all the powers of the commission.
(9) The commission shall employ an executive director who shall be the chief administrative officer of the
commission. The executive director[He] shall maintain all minutes of the commission proceedings and shall

ACTS OF THE GENERAL ASSEMBLY 2
be custodian of the files and records of the commission. The executive director shall employ the staff
authorized by the commission. The commission may, by interagency contract, utilize assistance of any state
agency.
(10) (a) There is hereby created in the state treasury a trust and agency account to be known as the motor
vehicle commission fund. The fund shall consist of all license fees paid to the commission under this
chapter, state appropriations, gifts, grants, and federal funds.
(b) The fund shall be administered by the commission.
(c) Amounts deposited in the fund shall be used for carrying out the duties of the commission under this
chapter.
(d) Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal year shall not lapse
but shall be carried forward into the next fiscal year[The commission shall deposit all moneys
received by it from license fees paid under this law with the State Treasurer, who shall keep them in a
separate fund to be known as the "Motor Vehicle Commission Fund." The commission may use this
fund for salaries, wages, per diem, professional and consulting fees, grants, loans, contracts, travel
expenses, equipm