Last Action | signed by Governor (Acts Ch. 110) |
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Title | AN ACT relating to civil liability for the theft of motor fuel. |
Bill Documents |
Bill
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Bill Request Number | 1489 |
Sponsor | J. Westwood |
Summary of Original Version | Create new sections of KRS Chapter 411 to outline specific civil liability and related procedures for financial recovery after the theft of motor fuel for motor vehicles and motorboats; define "motor fuel," "retailer," "retail facility," and "vehicle"; authorize retailers to mail a notice demanding payment from the owner of a vehicle that receives motor fuel without making proper payment to the retailer; allow retailers to impose a $30 service charge in addition to recovering the cost of the motor fuel; impose a civil penalty in the amount of the greater of the price of the motor fuel or $100 if the owner has not made payment within 30 days after the notice was mailed; require that retailers conspicuously display notice of the service charge on the premises from which the motor fuel was received; forbid further collection efforts if the vehicle owner disputes the retailer's claim within the 30 days after the notice was mailed; limit retailers to collecting payment only pursuant to a court judgment once the owner has disputed the claim; indicate that civil liability under motor theft recovery statutes does not preclude other civil or criminal liability; direct the Transportation Cabinet to promulgate administrative regulations to establish a system for the release of appropriate vehicle owner personal information to retailers; forbid the disclosure of any information outside that allowed by relevant federal law; allow the cabinet to integrate motor fuel theft information system into its existing information sharing systems operated under KRS Chapter 187. |
Index Headings of Original Version |
Boats and Boating - Motor fuel for motor vehicles and motorboats, civil liability for retail theft of Civil Actions - Motor fuel for motor vehicles and motorboats, civil liability for retail theft of Federal Laws and Regulations - Federal protection of personal information, recovery of payment for stolen motor fuel subject to Fees - Motor fuel, service charges attached to recovery of payment for retail theft of Financial Responsibility - Motor fuel, repayment and additional charges for retail theft of Notices - Motor fuel, required notices for repayment and service charges regarding retail theft of State Agencies - Transportation Cabinet, motor fuel, information distribution for financial recovery after theft of Fuel - Motor fuel for motor vehicles and motorboats, repayment and additional charges for retail theft of Motor Vehicles - Motor fuel for motor vehicles and motorboats, repayment and additional charges for retail theft of Trade Practices and Retailing - Motor fuel for motor vehicles and motorboats, repayment and additional charges for retail theft of Transportation - Motor fuel for motor vehicles and motorboats, repayment and additional charges for retail theft of |
Proposed Amendments |
Senate Floor Amendment 1 House Floor Amendment 1 |
Votes | Vote History |
02/04/08 |
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02/06/08 |
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02/14/08 |
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02/15/08 |
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02/19/08 |
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02/20/08 |
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02/21/08 |
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02/25/08 |
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02/28/08 |
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03/04/08 |
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03/18/08 |
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03/19/08 |
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03/20/08 |
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03/24/08 |
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03/26/08 |
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03/28/08 |
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04/01/08 |
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04/02/08 |
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04/14/08 |
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Amendment | Senate Floor Amendment 1 |
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Sponsor | R. Stivers II |
Summary | Insert provision requiring that the demand notice sent to the motor vehicle owner include the date and time of the alleged non-payment for the fuel. |
Index Headings |
Boats and Boating - Motor fuel for motor vehicles and motorboats, civil liability for retail theft of Civil Actions - Motor fuel for motor vehicles and motorboats, civil liability for retail theft of Federal Laws and Regulations - Federal protection of personal information, recovery of payment for stolen motor fuel subject to Fees - Motor fuel, service charges attached to recovery of payment for retail theft of Financial Responsibility - Motor fuel, repayment and additional charges for retail theft of Notices - Motor fuel, required notices for repayment and service charges regarding retail theft of State Agencies - Transportation Cabinet, motor fuel, information distribution for financial recovery after theft of Fuel - Motor fuel for motor vehicles and motorboats, repayment and additional charges for retail theft of Motor Vehicles - Motor fuel for motor vehicles and motorboats, repayment and additional charges for retail theft of Trade Practices and Retailing - Motor fuel for motor vehicles and motorboats, repayment and additional charges for retail theft of Transportation - Motor fuel for motor vehicles and motorboats, repayment and additional charges for retail theft of |
Amendment | House Floor Amendment 1 |
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Sponsor | R. Webb |
Summary | Retain original provisions, except require retailers to include surveillance video photographs or other photographic evidence with the notice of nonpayment sent to the owner of a vehicle for retail theft of motor fuel; delete a description of what an employee observed from the list of attachments to the notice of nonpayment; remove the retailer's ability to collect the price of motor fuel plus connected civil penalties on a disputed claim pursuant to a court judgment; grant the ability to collect the price of motor fuel only on a disputed claim through civil liability under KRS 411.095 or any other applicable law. |
Index Headings |
Boats and Boating - Motor fuel for motor vehicles and motorboats, civil liability for retail theft of Civil Actions - Motor fuel for motor vehicles and motorboats, civil liability for retail theft of Federal Laws and Regulations - Federal protection of personal information, recovery of payment for stolen motor fuel subject to Fees - Motor fuel, service charges attached to recovery of payment for retail theft of Financial Responsibility - Motor fuel, repayment and additional charges for retail theft of Notices - Motor fuel, required notices for repayment and service charges regarding retail theft of State Agencies - Transportation Cabinet, motor fuel, information distribution for financial recovery after theft of Fuel - Motor fuel for motor vehicles and motorboats, repayment and additional charges for retail theft of Motor Vehicles - Motor fuel for motor vehicles and motorboats, repayment and additional charges for retail theft of Trade Practices and Retailing - Motor fuel for motor vehicles and motorboats, repayment and additional charges for retail theft of Transportation - Motor fuel for motor vehicles and motorboats, repayment and additional charges for retail theft of |
Last updated: 8/28/2019 8:09 AM (EDT)