Request By:
Ms. Joyce C. Rodgers
Adair County Clerk
Adair County Courthouse
Columbia, Kentucky 42728
Opinion
Opinion By: David L. Armstrong, Attorney General; Nathan Goldman, Assistant Attorney General
In your letter you ask for our opinion as to whether the motor vehicle lien statement is meant to replace financing statements on motor vehicles.
In 1986, the General Assembly made extensive changes to the Uniform Commercial Code in Kentucky. See, Acts 1986, Chapter 118. That chapter also made changes to KRS Chapter 186A as regards motor vehicles. KRS 186A.193 was enacted creating the motor vehicle lien statement. It reads:
"The motor vehicle lien statement, provided for in KRS 186A.195, shall be developed by January 1, 1987 by the transportation cabinet, in cooperation with county clerks, financial institutions and auto dealers. The transportation cabinet shall ensure that the motor vehicle lien statement is in a similar form and contains the same information as that provided for in KRS 355.9-402 and in addition include the year, make, motor number and identification number of the motor vehicle. "
KRS 186A.195 was amended to change all references to financing statements to read motor vehicle lien statements. A new subsection (1) was added that states, in part, as follows: "As used in this chapter a motor vehicle lien statement is a document to be submitted by the secured party to the county clerk. Upon submission of the motor vehicle lien statement the county clerk shall use the information contained therein to note the security interest on the certificate of title."
KRS 186A.190 was amended to delete all references to financing statements. A new subsection (1) was added that states in part, as follows: "The perfection and discharge of a security interest in a motor vehicle, required to be registered or titled in accordance with this chapter, shall be by notation on the certificate of title. The notation of the security interest on the certificate of title shall be in accordance with this chapter and remain effective until discharged under this chapter and KRS Chapter 186." Subsection (2) was amended in part to read: "Notwithstanding the existence of any filed financing statement under the provisions of KRS Chapter 355 relating to any vehicle registered or titled in Kentucky, the sole means of perfecting and discharging a security interest in a vehicle for which a certificate of title is required by this chapter is by notation on such vehicle's certificate of title."
Subsection (5) was amended in part to read: "The clerk shall obtain the information required by this subsection for notation upon the certificate of title from the motor vehicle lien statement described in KRS 186A.195 to be provided to the county clerk by the secured party. "
KRS 186A.200 was amended to change financing statement to motor vehicle lien statement. Likewise, KRS 186.045 was amended to change all references to financial statements to motor vehicle lien statements.
KRS 355.9-402(2) was amended to delete the reference to information that must be given on a financing statement covering a motor vehicle.
In interpreting statutes we are guided by several general rules. First, in construing a statute the intent of the General Assembly must guide us.
Wesley v. Bd. of Ed. of Nicholas County, Ky., 403 S.W.2d 28 (1966). That intent must be ascertained from the words employed in enacting the statute, rather than attempting to surmise the meaning.
Kentucky Association of Chiropractors, Inc. v. Jefferson County Medical Society, Ky., 549 S.W.2d 817 (1977). If these words are clear, they are determinative of legislative intent.
Gateway Construction Co. v. Wallbaum, Ky., 356 S.W.2d 247 (1961). Finally, where a clause in an old enactment is omitted from a new one, it is to be inferred that the General Assembly intended that the omitted clause should no longer be the law.
Inland Steel Co. v. Hall, Ky., 245 S.W.2d 437 (1951).
In our opinion the words of the statutes and the amendments and deletions clearly indicate an intent to replace financing statements on motor vehicles with the motor vehicle lien statement for those motor vehicles for which a certificate of title is required.