OFFICIAL PUBLICATION OF THE KENTUCKY AUTOMOBILE DEALERS ASSOCIATION

Pub. 4 2024 Issue 1

KADA Capitol Brief

We are thrilled to report that Governor Beshear signed all three of our priority bills into law! Here’s the practical impact for you:

HB 167

What it Says
Dealers must provide contact information for a vehicle’s prior owner to a prospective customer as long as they have the written consent of the prior owner to release such information.

How It Impacts You
While uncommon, it is not unheard of for customers to expect to receive contact information for prior owners of vehicles for sale based on the earlier version of KRS 190.080. Dealers could not disclose such information under federal privacy laws. Now, dealers are only required to provide prior owner contact information if they have the written consent of the prior owner to do so.

HB 375

What it Says
Co-buyers can identify one owner as a “designated owner.” Only the designated owner is required to provide a Kentucky driver’s license, identification card or social security number in order to register a vehicle.

How It Impacts You
We know that in some situations, sales have been rejected where the co-owner did not provide a Kentucky driver’s license. This should clarify that co-buyers are NOT required to provide a driver’s license or establish Kentucky residency for a vehicle to be registered. This legislation has an emergency clause, making it immediately effective.

HB 833

What it Says
Sheriffs may appoint up to 2 dealership employees as authorized vehicle inspectors for the purpose of inspecting vehicles purchased out of state that the dealer plans to offer for resale. Franchised dealers and used vehicle dealers who average 100 sales per month are eligible to be considered for approval. WITH THIS BILL comes increased fees for inspections: $30 for inspections conducted by dealership personnel; and $15 for inspections conducted by the sheriff’s office.

How It Impacts You
This legislation could lead to major improvements in dealership efficiency by allowing — for the first time — dealership employees to become certified vehicle inspectors. We could not be more excited about this opportunity for dealers. Implementation of these provisions will take some time, and we will work with the Sheriff’s Association to make the changes as smooth for dealers as possible. Dealers should also note the increase in inspection fees (for the first time in more than 30 years) and the criminal penalty for sharing an inspector identification number.

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