2013 Kentucky Revised Statutes CHAPTER 186 - LICENSING OF MOTOR VEHICLES, OPERATORS, AND TRAILERS 186.164 Collection and distribution of special license plate fees -- Design, printing, and replacement -- Application process -- Voluntary contribution for designated group -- Administrative regulations -- Audit of special license plate funds.
Download as PDF
186.164 Collection and distribution of special license plate fees -- Design,
printing, and replacement -- Application process -- Voluntary contribution
for designated group -- Administrative regulations -- Audit of special
license plate funds.
(1)
(2)
(3)
(4)
(5)
(6)
The SF portion of the fee required under KRS 186.162 shall include the fee to
reflectorize all license plates under KRS 186.240. All EF fees required under
KRS 186.162 shall be collected at the time of an initial or renewal application
by the county clerk who shall forward the EF fee to the cabinet. The cabinet
shall remit EF fees to the group or organization identified in KRS 186.162 on a
quarterly basis. The cabinet may retain any investment income earned from
holding EF fees designated to be remitted under this subsection to offset
administrative costs incurred by the cabinet in the administration of EF fees.
A special license plate shall be the color and design selected by the group or
organization identified in subsection (13) of this section, contingent upon the
approval of the Transportation Cabinet. In addition to the design selected for a
special license plate, the name "Kentucky," an annual renewal decal, and any
combination of letters or numerals required by the cabinet in the design shall
also appear on the plate.
Except as provided in KRS 186.162, the total initial fee for a special license
plate created under this chapter shall be twenty-eight dollars ($28), of which
the Transportation Cabinet shall receive twenty-five dollars ($25) and the
county clerk shall receive three dollars ($3), and the total renewal fee shall be
fifteen dollars ($15), of which the Transportation Cabinet shall receive twelve
dollars ($12) and the county clerk shall receive three dollars ($3). The
twenty-five dollar ($25) initial fee and twelve dollar ($12) renewal fee received
by the Transportation Cabinet under this subsection shall include an applicant's
registration fee required under KRS 186.050.
An actual metal special license plate shall be issued on the same schedule as
regular license plates are issued under KRS 186.240. The cabinet shall have
the discretion to extend the time period that will exist between the date a metal
special license plate is issued and the date that regular plates are issued under
KRS 186.240. A renewal registration decal shall be issued all other years
during the owner's or lessee's birth month, except as provided in KRS
186.041(2), 186.042(5), and 186.174(2). A person seeking a special license
plate for a vehicle provided as part of the person's occupation shall conform to
the requirements of KRS 186.050(14).
(a) If a special license plate issued under this chapter deteriorates to the
point that the lettering, numbering, or images on the face of the plate are
not legible, the plate shall be replaced free of charge, if the owner or
lessee has not transferred the vehicle to which the plate was issued
during the current licensing period.
(b) If a special license plate issued under this chapter is lost, stolen, or
damaged in an accident, the county clerk shall issue a new plate upon
payment of a three dollar ($3) county clerk fee, if the owner or lessee has
not transferred the vehicle to which the plate was issued during the
current licensing period.
Upon the sale, transfer, or termination of a lease of a vehicle with any special
(7)
(8)
(9)
license plate issued under this chapter, the owner or lessee shall remove the
special plate and return it and the certificate of registration to the county clerk.
The county clerk shall reissue the owner or lessee a regular license plate and a
certificate of registration upon payment of a three dollar ($3) county clerk fee. If
the owner or lessee requests, the county clerk shall reissue the special plate
upon payment of a three dollar ($3) county clerk fee for use on any other
vehicle of the same classification and category owned, leased, or acquired by
the person during the current licensing period. If the owner or lessee has the
special plate reissued to a vehicle which has been previously registered in this
state, the regular license plate that is being replaced shall be returned to the
county clerk who shall forward the plate to the Transportation Cabinet.
A special license plate may be issued to the owner or lessee of a motor vehicle
that is required to be registered under KRS 186.050(1), (3)(a), or (4)(a), except
a special license plate shall not be issued to a taxicab, airport limousine, or
U-Drive-It registered and licensed under this chapter or KRS Chapter 281. A
person applying for a special license plate shall apply in the office of the county
clerk in the county of the person's residence, except as provided in KRS
186.168(3). All special license plates issued under this chapter may be
combined with a personalized license plate under the provisions of KRS
186.174. The fee to combine a special license plate with a personalized license
plate shall be as established in KRS 186.162(3).
Within thirty (30) days of termination from election to, appointment to, or
membership with any group or organization, an applicant to whom a special
license plate was issued under this chapter shall return the special license
plate to the county clerk of the county of his or her residence, unless the
person is merely changing his or her status with the group or organization to
retired.
A group wanting to create a special license plate that is not authorized under
this chapter on June 20, 2005, shall comply with the following conditions before
being eligible to apply for a special license plate:
(a) The group shall be nonprofit and based, headquartered, or have a
chapter in Kentucky;
(b) The group may be organized for, but shall not be restricted to, social,
civic, or entertainment purposes;
(c) The group, or the group's lettering, logo, image, or message to be placed
on the license plate, if created, shall not discriminate against any race,
color, religion, sex, or national origin, and shall not be construed, as
determined by the cabinet, as an attempt to victimize or intimidate any
person due to the person's race, color, religion, sex, or national origin;
(d) The group shall not be a political party and shall not have been created
primarily to promote a specific political belief;
(e) The group shall not have as its primary purpose the promotion of any
specific faith, religion, or antireligion;
(f) The name of the group shall not be the name of a special product or
brand name, and shall not be construed, as determined by the cabinet, as
promoting a product or brand name; and
(g)
(10)
(11)
(12)
(13)
The group's lettering, logo, image, or message to be placed on the
license plate, if created, shall not be obscene, as determined by the
cabinet.
If the cabinet denies to issue a group a special license plate based upon the
conditions specified in subsection (9) of this section, the cabinet shall,
immediately upon denying to issue a group a special license plate, notify in
writing the chairperson of both the House and Senate standing committees on
transportation of the denial and the reasons upon which the cabinet based the
denial. A person seeking a personalized license plate under KRS 186.174 shall
be subject to the conditions specified in subsection (9)(c) to (g) of this section.
If the cabinet approves a request for a special license plate, the cabinet shall
begin designing and printing the plate after the group collects a minimum of
nine hundred (900) applications with each application being accompanied by a
twenty-five dollar ($25) state fee. The applications and accompanying fee shall
be submitted to the cabinet at one (1) time as a whole and shall not be
submitted individually or intermittently.
An initial applicant for, or an applicant renewing, his or her registration for a
special license plate may, at the time of application, make a voluntary
contribution that the county clerk shall forward to the cabinet. The entity that
sponsors a special plate established by the process outlined in this section
may set a requested donation amount, not to exceed ten dollars ($10), that will
automatically be added to the cost of registration or renewal, unless the
individual registering or renewing the vehicle registration opts out of
contributing that recommended amount. The cabinet shall, on an annual basis,
remit the voluntary contributions to the appropriate group identified to be used
for the declared purpose stated under subsection (13) of this section. The
cabinet may retain any investment income earned from holding voluntary
contributions designated to be remitted under this subsection to offset
administrative costs incurred by the cabinet in the administration of the
contributions. Any group or organization that receives a mandatory EF fee
under KRS 186.162 shall submit the information required under subsection
(13)(a) and (c) of this section to the Transportation Cabinet within thirty (30)
days of June 20, 2005.
If a group wants to receive a donation when the group or organization's special
license plate is initially purchased or renewed under subsection (12) of this
section, the group shall, at the time the nine hundred (900) applications are
submitted to the Transportation Cabinet, also submit a notarized affidavit to the
cabinet attesting to:
(a) The name, address, and telephone number for the group or organization.
If the group or organization does not have its headquarters in the
Commonwealth, then the name, address, and telephone number for the
group or organization's Kentucky state chapter shall be required. The
names of the officers of the group or organization shall also be required. If
the entity receiving funds under subsection (12) of this section is not a
state governmental agency, a program unit within a state governmental
agency, or is a group or organization that does not have a statewide
chapter, then an extra donation for use by the group or organization shall
be prohibited;
(b) The amount of the monetary donation the group wants to receive when a
person purchases the group or organization's special license plate; and
(c) The purpose for which the donated funds will be used by the group or
organization. Donated funds shall not be limited for use by members of
the group or organization, and shall not be used for administrative or
personnel costs of the group or organization.
(14) All funds received by a group or organization under subsection (12) of this
section shall be deposited into an account separate from all other accounts the
group or organization may have, and the account shall be audited yearly at the
expense of the group or organization. The completed audit shall be forwarded
to the Transportation Cabinet in Frankfort. One hundred percent (100%) of the
funds received by a group or organization under subsection (12) of this section
shall be used for the express purpose identified by the group in subsection (13)
of this section. Any group or organization that receives a mandatory EF fee
under KRS 186.162 shall comply with the provisions of this subsection.
(15) The secretary of the Transportation Cabinet shall promulgate administrative
regulations under KRS Chapter 13A to establish additional rules to implement
the issuance of special license plates issued under this chapter, including but
not limited to:
(a) Documentation that will be required to accompany an application for a
special license plate to provide proof of:
1.
Election to the United States Congress or the Kentucky General
Assembly;
2.
Election or appointment to the Kentucky Court of Justice;
3.
Membership in a Masonic Order, Fraternal Order of Police, or
emergency management organization;
4.
Eligibility for membership in the Gold Star Mothers of America;
5.
Eligibility as a father for associate membership in the Gold Star
Mothers of America;
6.
Eligibility for membership in the Gold Star Wives of America;
7.
Ownership of an amateur radio operator license;
8.
Receipt of the Silver Star Medal; or
9.
Receipt of the Bronze Star Medal awarded for valor.
(b) The time schedule permissible for a group or organization to request a
design change for the special license plate; and
(c) The procedures for review of proposed license plates and the standards
by which proposed special license plates are approved or rejected in
accordance with subsection (9) of this section.
(16) Any individual, group, or organization that fails to audit any funds received
under this chapter, or that intentionally uses any funds received in any way
other than attested to under subsection (13) of this section or for administrative
or personnel costs in violation of subsection (13) of this section, shall be guilty
of a Class D felony and upon conviction shall, in addition to being subject to
criminal penalties, be assessed a mandatory five thousand dollar ($5,000) fine.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 33, sec. 3, effective July 15, 2010, ch. 40,
sec. 1, effective July 15, 2010; ch. 72, sec. 2, effective July 15, 2010; and
ch. 113, sec. 3, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 30,
sec. 3, effective July 15, 2008. -- Amended 2007 Ky. Acts ch. 40, sec. 1,
effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 40, sec. 2, effective July
12, 2006; and ch. 200, sec. 1, effective July 12, 2006. -- Created 2005 Ky. Acts
ch. 133, sec. 2, effective June 20, 2005.
Legislative Research Commission Note (7/15/2010). This section was amended
by 2010 Ky. Acts chs. 33, 40, 72, and 113, which do not appear to be in conflict
and have been codified together.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.