Kentucky Statutes 190.058 – Motor Vehicle Commission — Membership — Powers — Duties
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(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), 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), 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 chairman and vice 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. He shall maintain all minutes of the commission proceedings and shall 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) 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, equipment, office rent and expenses, and other necessary expenses incurred in carrying out its duties under this section as provided by legislative appropriation. Notwithstanding KRS § 45.229, at the close of each biennium, the unexpended balance remaining in the motor vehicle commission fund shall not lapse but shall be carried forward to the next biennium.
(11) The commission shall administer the provisions of this section, establish the qualifications of manufacturers and dealers, and ensure that the distribution and sale of new motor vehicles are conducted as provided in this chapter and under the commission’s administrative regulations.
(12) The commission may issue orders and make determinations necessary to carry out the provisions of KRS § 190.010 to KRS § 190.080. The orders shall set forth the findings on which the order is based, and the reason for the particular action taken. All orders shall be signed by the chairman or vice chairman and attested by the executive director.
(13) The commission may hold hearings that shall be conducted in accordance with KRS Chapter 13B. A member of the commission shall not participate in the deliberations of the commission and shall not vote on any matter if the member has been disqualified on any of the grounds under KRS § 13B.040.
(14) The commission may cause legal proceedings to be instituted to enforce the provisions of this section and its administrative regulations, orders, and decisions. If it appears from any investigation of a possible violation of any other law or administrative regulation that a violation of the provisions of KRS § 190.010 to
190.080 may have occurred, the matter shall be referred to the commission to determine whether proceedings under KRS § 190.010 to KRS § 190.080 are appropriate. The commission may make contracts and execute instruments necessary or convenient to the exercise of its power or performance of its duties.
(15) The availability of administrative procedures under this section shall not preclude the utilization of other remedies for violation of the provisions of this chapter which
are available to the affected parties, including actions for injunctive relief.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 83, sec. 3, effective July 15, 2014. — Amended
1998 Ky. Acts ch. 263, sec. 1, effective July 15, 1998. — Amended 1996 Ky. Acts ch.
318, sec. 80, effective July 15, 1996. — Amended 1992 Ky. Acts ch. 235, sec. 5, effective July 14, 1992; and ch. 452, sec. 8, effective July 14, 1992. — Amended
1984 Ky. Acts ch. 357, sec. 8, effective July 13, 1984. — Created 1982 Ky. Acts ch.
374, sec. 1, effective July 15, 1982.
(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:
Terms Used In Kentucky Statutes 190.058
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Biennium: means the two (2) year period commencing on July 1 in each even- numbered year and ending on June 30 in the ensuing even-numbered year. See Kentucky Statutes 446.010
- Commission: means the Motor Vehicle Commission. See Kentucky Statutes 190.010
- Commissioner: means the commissioner of the department. See Kentucky Statutes 190.010
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Vehicle Regulation. See Kentucky Statutes 190.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Franchise: means the agreement or contract between any new motor vehicle manufacturer, written or otherwise, and any new motor vehicle dealer that purports to fix the legal rights and liabilities of the parties to an agreement or contract, and pursuant to which the dealer purchases and resells the franchise product, along with any addendums to the franchise agreement. See Kentucky Statutes 190.010
- Manufacturer: means any person, partnership, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new motor vehicles, or imports for distribution through distributors of new motor vehicles, or any partnership, firm, association, joint venture, corporation, or trust, resident or nonresident, which is controlled by the manufacturer. See Kentucky Statutes 190.010
- Motor vehicle: means every vehicle intended primarily for use and operation on the public highways that is self-propelled, including low-speed motor vehicles as defined in KRS §. See Kentucky Statutes 190.010
- Oath: A promise to tell the truth.
- Quorum: The number of legislators that must be present to do business.
- Sale: means the issuance, transfer, agreement for transfer, exchange, lease, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of any motor vehicle or interest in it, or of any franchise related to it, as well as any option, subscription, other contract, or solicitation looking to a sale, offer to attempt to sell in any form, whether spoken or written. See Kentucky Statutes 190.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
(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), 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), 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 chairman and vice 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. He shall maintain all minutes of the commission proceedings and shall 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) 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, equipment, office rent and expenses, and other necessary expenses incurred in carrying out its duties under this section as provided by legislative appropriation. Notwithstanding KRS § 45.229, at the close of each biennium, the unexpended balance remaining in the motor vehicle commission fund shall not lapse but shall be carried forward to the next biennium.
(11) The commission shall administer the provisions of this section, establish the qualifications of manufacturers and dealers, and ensure that the distribution and sale of new motor vehicles are conducted as provided in this chapter and under the commission’s administrative regulations.
(12) The commission may issue orders and make determinations necessary to carry out the provisions of KRS § 190.010 to KRS § 190.080. The orders shall set forth the findings on which the order is based, and the reason for the particular action taken. All orders shall be signed by the chairman or vice chairman and attested by the executive director.
(13) The commission may hold hearings that shall be conducted in accordance with KRS Chapter 13B. A member of the commission shall not participate in the deliberations of the commission and shall not vote on any matter if the member has been disqualified on any of the grounds under KRS § 13B.040.
(14) The commission may cause legal proceedings to be instituted to enforce the provisions of this section and its administrative regulations, orders, and decisions. If it appears from any investigation of a possible violation of any other law or administrative regulation that a violation of the provisions of KRS § 190.010 to
190.080 may have occurred, the matter shall be referred to the commission to determine whether proceedings under KRS § 190.010 to KRS § 190.080 are appropriate. The commission may make contracts and execute instruments necessary or convenient to the exercise of its power or performance of its duties.
(15) The availability of administrative procedures under this section shall not preclude the utilization of other remedies for violation of the provisions of this chapter which
are available to the affected parties, including actions for injunctive relief.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 83, sec. 3, effective July 15, 2014. — Amended
1998 Ky. Acts ch. 263, sec. 1, effective July 15, 1998. — Amended 1996 Ky. Acts ch.
318, sec. 80, effective July 15, 1996. — Amended 1992 Ky. Acts ch. 235, sec. 5, effective July 14, 1992; and ch. 452, sec. 8, effective July 14, 1992. — Amended
1984 Ky. Acts ch. 357, sec. 8, effective July 13, 1984. — Created 1982 Ky. Acts ch.
374, sec. 1, effective July 15, 1982.