Bojanowski, 041618 KYAGO, AGO OAG 19-6

• Case Date: April 16, 2018
• Court: Kentucky

Representative Tina Bojanowski AGO OAG 19-6 No. OAG 19-006 Kentucky Attorney General Opinion Commonwealth of Kentucky Office of the Attorney General April 16, 2018          Subject: Applicability of KRS186A.190(4) to county clerks and the requirement to issue a new vehicle ownership document following inspection and submission of the relevant affidavit.          Requested by: Representative Tina Bojanowski Kentucky House of Representatives District 32          Written by: Shan Dutta          Syllabus: The office of county clerk shall issue vehicle ownership documents pursuant to the parameters set forth in KRS 186A.190(4).          Statutes construed: KRS 186A.190(4) KRS 446.010(39)           OPINION OF THE ATTORNEY GENERAL          You have asked this office to provide input regarding KRS 186A.190(4) and the related duties of a county clerk. Specifically, your letter asks "whether all County Clerks are required to comply with the new provision of the law and issue the mandated salvage title to insurers."          Your letter cites KRS 186A.190(4) as the law in question and the relevant changes made to this statute during the 2017 Regular Session by the Kentucky Legislature. The statute in question currently states, in part, that:

(4) Notwithstanding subsections (1), (2), and (3) of this section, a county clerk shall, following inspection of the vehicle by the sheriff, to determine that the vehicle has not been stolen, issue a new ownership document to a vehicle, clear of all prior liens, to a person after he or she provides to the county clerk an affidavit devised by the Transportation Cabinet and completed by the person."

         Your letter further states "a majority of Clerks—105 out of 120 to be exact—have implemented the new procedures, 15 offices are refusing to do so." As such, your question essentially asks if county clerks are required to follow the laws of the Commonwealth. The answer to such a question is in the affirmative.          Upon review of this question, we must approach the matter with the view that the plain meaning of statutory language is...