Title 601 | Chapter 009 | Regulation 076E
601 KAR 9:076REG
A proposed version of this document exists.
STATEMENT OF EMERGENCY
601 KAR 9:076E
This new emergency administrative regulation is being promulgated to comply with Senate Bill 136 of the 2025 Regular Session. Senate Bill 136 amends Subtitle 20 of KRS Chapter 304, to require the commissioner to promulgate emergency and ordinary administrative regulations to identify the nationally accredited used car valuation guides to be used by insurers when determining the retail value of wrecked, destroyed, or damaged vehicles. This administrative regulation is being filed on an emergency basis to meet the July 1, 2025, effective date. This emergency administrative regulation will be replaced by its companion ordinary administrative regulation pursuant to KRS Chapter 13A. The companion ordinary administrative regulation is identical to this emergency administrative regulation.
ANDY BESHEAR, Governor
JIM GRAY, Secretary
TRANSPORTATION CABINET
Department of Vehicle Regulation
Division of Motor Vehicle Licensing
(New Emergency Administrative Regulation)
601 KAR 9:076E.Vehicle valuation guides.
Section 1.
All valuations conducted pursuant to KRS Chapter 186A shall be made based upon J. D. Power Valuation Services. Values shall be delivered through used car data files and the J.D. Power online value tool located at www.jdpowervalues.com. This valuation service shall provide value guidebooks for:(1)
Official Used Car Guide;(2)
Official Older Used Car Guide;(3)
Motorcycle, snowmobile, ATV, personal watercraft appraisal guide;(4)
Classic, collectible, exotic, and muscle car appraisal guide; and(5)
Recreational vehicles appraisal guide.HISTORY: COMPILER'S NOTE: 2025 RS HB 6, enacted by the General Assembly on March 27, 2025, altered the information to be provided at the time an administrative regulation is filed. Aside from formatting changes necessary to upload the regulation into the LRC's publication application, this regulation has been published as submitted by the agency.
JIM GRAY, Secretary
MATTHEW COLE, Commissioner
APPROVED BY AGENCY: July 9, 2025
FILED WITH LRC: July 10, 2025 at 2:15 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 21, 2025, at 10:00 a.m. EST, at the Kentucky Transportation Cabinet, 200 Mero Street, Frankfort, Kentucky 40622. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) working days prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through 11:59 p.m. on August 31, 2025. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person below.
CONTACT PERSON: Jon Johnson, Staff Attorney Manager/Assistant General Counsel, Transportation Cabinet, Office of Legal Services, 200 Mero Street, Frankfort, Kentucky 40622, phone (502) 564-7650, fax (502) 564-5238, email jon.johnson@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jon Johnson
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes and identifies the nationally accepted car valuation guides or tools to be used to value vehicles.
(b) The necessity of this administrative regulation:
This administrative regulation is required to comply with the requirements of 2025 SB 136, Section 12, a new subsection of subtitle 20 of KRS Chapter 304. This administrative regulation is also being promulgated to meet a deadline established by 2025 legislation. This deadline is July 1, 2025.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation establishes and identifies the nationally accepted car valuation guides or tools that are available to, and shall be used by, property, casualty, and property and casualty insurers when determining the value of a wrecked, destroyed, or damaged motor vehicle under KRS Chapter 186A.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation establishes and identifies the nationally accepted car valuation guides or tools that are available to, and shall be used by, property, casualty, and property and casualty insurers when determining the value of a wrecked, destroyed, or damaged motor vehicle under KRS Chapter 186A.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is a new regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation will affect state and local governments, as well as individuals and businesses that deal with the valuation of motor vehicles.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
This administrative regulation establishes and identifies the nationally accepted car valuation guides or tools that are available to, and shall be used by, property, casualty, and property and casualty insurers when determining the value of a wrecked, destroyed, or damaged motor vehicle under KRS Chapter 186A. All entities will have to use established and identified nationally accepted car valuation guides authorized by this regulation.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The cost to all listed entities will be negligible.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
These entities will be able to value vehicles with a nationally recognized accurate and reliable source.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
Costs for term from May 1, 2024, through April 30, 2025 totaled $358,340.00 dollars.
(b) On a continuing basis:
Costs are projected to increase an average of 5 % annually.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Kentucky Department of Revenue.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No.
(9) TIERING: Is tiering applied?
Tiering does not apply.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
KRS Chapter 186A.
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
This administrative regulation is required to comply with the requirements of 2025 RS SB 136, Section 12. This administrative regulation is also being promulgated to meet a deadline established by 2025 legislation.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
Kentucky Transportation Cabinet, Kentucky Department of Revenue, local governments, local and state law enforcement.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
$358,340.00.
For subsequent years:
$435,340.00.
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
None.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
Property, casualty, and property and casualty insurers.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
Unknown.
For subsequent years:
Unknown.
2. Revenues:
For the first year:
Unknown.
For subsequent years:
Unknown.
3. Cost Savings:
For the first year:
Unknown.
For subsequent years:
Unknown.
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
Negligible.
(b) Methodology and resources used to reach this conclusion:
Past performance.
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(13):
No.
(b) The methodology and resources used to reach this conclusion:
Past performance.
STATEMENT OF EMERGENCY
601 KAR 9:076E
This new emergency administrative regulation is being promulgated to comply with Senate Bill 136 of the 2025 Regular Session. Senate Bill 136 amends Subtitle 20 of KRS Chapter 304, to require the commissioner to promulgate emergency and ordinary administrative regulations to identify the nationally accredited used car valuation guides to be used by insurers when determining the retail value of wrecked, destroyed, or damaged vehicles. This administrative regulation is being filed on an emergency basis to meet the July 1, 2025, effective date. This emergency administrative regulation will be replaced by its companion ordinary administrative regulation pursuant to KRS Chapter 13A. The companion ordinary administrative regulation is identical to this emergency administrative regulation.
ANDY BESHEAR, Governor
JIM GRAY, Secretary
TRANSPORTATION CABINET
Department of Vehicle Regulation
Division of Motor Vehicle Licensing
(New Emergency Administrative Regulation)
601 KAR 9:076E.Vehicle valuation guides.
Section 1.
All valuations conducted pursuant to KRS Chapter 186A shall be made based upon J. D. Power Valuation Services. Values shall be delivered through used car data files and the J.D. Power online value tool located at www.jdpowervalues.com. This valuation service shall provide value guidebooks for:(1)
Official Used Car Guide;(2)
Official Older Used Car Guide;(3)
Motorcycle, snowmobile, ATV, personal watercraft appraisal guide;(4)
Classic, collectible, exotic, and muscle car appraisal guide; and(5)
Recreational vehicles appraisal guide.HISTORY: COMPILER'S NOTE: 2025 RS HB 6, enacted by the General Assembly on March 27, 2025, altered the information to be provided at the time an administrative regulation is filed. Aside from formatting changes necessary to upload the regulation into the LRC's publication application, this regulation has been published as submitted by the agency.
JIM GRAY, Secretary
MATTHEW COLE, Commissioner
APPROVED BY AGENCY: July 9, 2025
FILED WITH LRC: July 10, 2025 at 2:15 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 21, 2025, at 10:00 a.m. EST, at the Kentucky Transportation Cabinet, 200 Mero Street, Frankfort, Kentucky 40622. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) working days prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through 11:59 p.m. on August 31, 2025. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person below.
CONTACT PERSON: Jon Johnson, Staff Attorney Manager/Assistant General Counsel, Transportation Cabinet, Office of Legal Services, 200 Mero Street, Frankfort, Kentucky 40622, phone (502) 564-7650, fax (502) 564-5238, email jon.johnson@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jon Johnson
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes and identifies the nationally accepted car valuation guides or tools to be used to value vehicles.
(b) The necessity of this administrative regulation:
This administrative regulation is required to comply with the requirements of 2025 SB 136, Section 12, a new subsection of subtitle 20 of KRS Chapter 304. This administrative regulation is also being promulgated to meet a deadline established by 2025 legislation. This deadline is July 1, 2025.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation establishes and identifies the nationally accepted car valuation guides or tools that are available to, and shall be used by, property, casualty, and property and casualty insurers when determining the value of a wrecked, destroyed, or damaged motor vehicle under KRS Chapter 186A.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation establishes and identifies the nationally accepted car valuation guides or tools that are available to, and shall be used by, property, casualty, and property and casualty insurers when determining the value of a wrecked, destroyed, or damaged motor vehicle under KRS Chapter 186A.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is a new regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation will affect state and local governments, as well as individuals and businesses that deal with the valuation of motor vehicles.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
This administrative regulation establishes and identifies the nationally accepted car valuation guides or tools that are available to, and shall be used by, property, casualty, and property and casualty insurers when determining the value of a wrecked, destroyed, or damaged motor vehicle under KRS Chapter 186A. All entities will have to use established and identified nationally accepted car valuation guides authorized by this regulation.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The cost to all listed entities will be negligible.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
These entities will be able to value vehicles with a nationally recognized accurate and reliable source.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
Costs for term from May 1, 2024, through April 30, 2025 totaled $358,340.00 dollars.
(b) On a continuing basis:
Costs are projected to increase an average of 5 % annually.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Kentucky Department of Revenue.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No.
(9) TIERING: Is tiering applied?
Tiering does not apply.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
KRS Chapter 186A.
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
This administrative regulation is required to comply with the requirements of 2025 RS SB 136, Section 12. This administrative regulation is also being promulgated to meet a deadline established by 2025 legislation.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
Kentucky Transportation Cabinet, Kentucky Department of Revenue, local governments, local and state law enforcement.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
$358,340.00.
For subsequent years:
$435,340.00.
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
None.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
Property, casualty, and property and casualty insurers.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
Unknown.
For subsequent years:
Unknown.
2. Revenues:
For the first year:
Unknown.
For subsequent years:
Unknown.
3. Cost Savings:
For the first year:
Unknown.
For subsequent years:
Unknown.
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
Negligible.
(b) Methodology and resources used to reach this conclusion:
Past performance.
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(13):
No.
(b) The methodology and resources used to reach this conclusion:
Past performance.