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SB 136 (BR 1489) - J. Westwood

     AN ACT relating to civil liability for the theft of motor fuel.
     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.


     SFA (1, R. Stivers II) - 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.

     HFA (1, R. Webb) - 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.

     Feb 4-introduced in Senate
     Feb 6-to Judiciary (S)
     Feb 14-reported favorably, 1st reading, to Calendar
     Feb 15-2nd reading, to Rules
     Feb 19-posted for passage in the Regular Orders of the Day for Wednesday, February 20, 2008
     Feb 20-passed over and retained in the Orders of the Day; floor amendment (1) filed
     Feb 21-3rd reading, passed 36-0 with floor amendment (1)
     Feb 25-received in House
     Feb 28-to Judiciary (H)
     Mar 4-posted in committee
     Mar 18-posting waived
     Mar 19-reported favorably, 1st reading, to Calendar
     Mar 20-2nd reading, to Rules
     Mar 24-floor amendment (1) filed
     Mar 26-posted for passage in the Regular Orders of the Day for Thursday, March 27, 2008
     Mar 28-3rd reading, passed 90-7 with floor amendment (1) ; received in Senate
     Apr 1-to Rules (S); posted for passage for concurrence in House floor amendment (1) ; Senate concurred in House floor amendment (1) ; passed 37-0
     Apr 2-enrolled, signed by each presiding officer; delivered to Governor
     Apr 14-signed by Governor (Acts Ch. 110)

Vote History
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