HOW DOES STATE AGENCY ESCAPE CENSURE BY DISOBEYING JUNE, 2004 KY COURT RULING FOR 21 YEARS?
Governor Brashear signed executive order March 24, 2009.
See below.   HB 411/AA (BR 428) - M. Cherry, S. Santoro  AN ACT relating to the Kentucky State Police.
THE 2009 COURT RULED AS FOLLOWS:
Create KRS Chapter 16A to establish the minimum requirements, powers and duties, promotion procedures, disciplinary actions and procedures, appeal processes for disciplinary actions, and other personnel matters for commercial vehicle enforcement officers, arson investigator officers, hazardous device investigator officers, and facilities security officers within the department of State Police; amend KRS 12.020 and 15A.020 to eliminate the Department of Kentucky Vehicle Enforcement and transfer its functions and personnel to a newly created Division of Commercial Vehicle Enforcement within the Department of Kentucky State Police; amend KRS 281.600 to transfer motor carrier safety audit program responsibility to the Department of Kentucky State Police; amend KRS 15A.075, 18A.005, 18A.095, 281.755, 281.880, 281.883, 281A.090, and 431.105 to conform; repeal KRS 15A.370, 15A.371, and 15A.372; confirm executive order 2008-707.
Feb 11-introduced in House  Feb 12-to Judiciary (H)
Feb 23-reassigned to State Government (H)
Feb 24-posted in committee
Feb 26-reported favorably, 1st reading, to Consent Calendar
Feb 27-2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Tuesday, March 3, 2009  Mar 3-3rd reading, passed 100-0
Mar 4-received in Senate  Mar 6-to Judiciary (S)  Mar 9-taken from committee; 1st reading; returned to Judiciary (S); reported favorably, to Consent Calendar Judiciary (S)  Mar 10-2nd reading, to Rules  Mar 13-posted for passage in the Consent Orders of the Day for Friday, March 13, 2009; 3rd reading, passed 38-0;
Received  in House; enrolled, signed by each presiding officer; delivered to Governor
Under Governor Fletcher's administration Transportation Cabinet's Division of Vehicle Enforcement Officers, in a 1988 case involving a DUI driver wherein Vehicle Enforcement Officer arrested a Kentucky driver for DUI.    In 1988 driver arrested by VEO sued Transportation Cabinet alleging their Vehicle Enforcement Officer did not have authority to make DUI arrest.    In June 1994 KY Court ruled KY's
Transportation Vehicle Enforcement Officers had all motor vehicle KRS authority to make such an arrest and had responsibility of all compliance of motor vehicles operating on all highways in the Commonwealth of Kentucky.
In addition, June 1994 decision came down interpreting all KRS motor vehicle law giving Vehicle Enforcement Officers KRS authority to compliance all vehicle owners operating their motor vehicles on KY highways using illegal license plates and any other motor vehicle law.  
In 1985 Department of Revenue property tax division began Freddie Freeroader property tax compliance program based on a Louisville car dealer testifying before 1985 House legislative committee KY was losing $35 million of usage taxes annually due to lack of compliance of titling & registration of KY motor vehicles.
In early 1990’s Department of Revenue invited Transportation Cabinet’s Frankfort management of Division of Vehicle Enforcement Officers for assistance.  They based their refusal to assist on Frankfort's management citing federal truck safety compliance being funded by Federal Government.
A department of revenue employee took full responsibility to approach Transportation Cabinet's field personnel for assistance.
They eagerly accepted contingent upon only one factor:  they would assist department of revenue personnel if their identity could be kept from their Frankfort Transportation Cabinet management.  This was done.
Department of revenue employee devised method that called for Transportation Cabinet  field employees  assisting department of revenue in this endeavor to use their “badge numbers” to identify those “outlaws” they reported to Department of Revenue.   This information was reported to this revenue employee using only their badge number.  Their help was instrumental in department of revenue being able to locate, identify, verify field data, trigger taxpayers’ appeals process, bill, mail and collect motor vehicle tax evasion and dispersing unpaid omitted property tax bills going back 5 years.
Mar 24, 2009-signed by Governor (Act ch. 75)
Prior to 1985 tax and titling & registration of KY owned and operated out-of-compliance with KY motor vehicle KY titling & registration and property taxes.  Without any consequences over 200,000 KY motor vehicles operated daily without being KY titled & registered in KY.  They used all sorts of combination of license plates.  They circumvented paying KY property and usage taxes.  Even after KY court ruled the old Transportation Cabinet’s Vehicle Enforcement Officers and now the State Police Commercial Enforcement Officers had necessary authority to compliance  KY titling & usage taxes.
KY part-time fully pensioned lawmakers should not be tolerating such behavior from any state agency’s lack-of-titling & registration & usage & property tax compliance.


 I ask responsible elected officials---part-time lawmakers drawing full-time pensions---to request Governor of KY to direct Justice Cabinet's State Police to implement statewide titling and registration compliance.
Senator ?  Anything you can do to equalize motor vehicle titling and registration & property and usage tax collections lacking compliance work since 1985 to equalize titling & registration as well as eliminate long standing tax evasion among KY motor vehicle owners would be appreciated by all KY motor vehicle owners who’ve been in compliance.
Thank you for reading this information and if you have any questions please call (859) 734.2228 or email me at huff9983@roadrunner.com.  I have been also working with Senators’ Buford and Higdon and they are much aware of this problem.
Thanks!