EXPLANATION- Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NOS. 799, 334, 424 &
1069
103RD GENERAL ASSEMBLY
2064S.03C KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 32.056, 301.020, 301.055, 301.070, 301.110, 301.130, 301.140, 301.142,
301.147, 301.190, 301.448, 301.469, 301.558, 301.560, 301.570, 307.350, 307.380,
407.1034, and 643.315, RSMo, and to enact in lieu thereof twenty-one new sections
relating to transportation, with penalty provisions and a contingent effective date for
certain sections.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 32.056, 301.020, 301.055, 301.070, 1
301.110, 301.130, 301.140, 301.142, 301.147, 301.190, 301.448, 2
301.469, 301.558, 301.560, 301.570, 307.350, 307.380, 407.1034, 3
and 643.315, RSMo, are repealed and twenty-one new sections 4
enacted in lieu thereof, to be known as sections 32.056, 5
301.020, 301.055, 301.070, 301.110, 301.130, 301.140, 301.142, 6
301.147, 301.190, 301.448, 301.469, 301.558, 301.560, 301.570, 7
301.3181, 301.3182, 307.350, 307.380, 407.1034, and 643.315, to 8
read as follows:9
32.056. Except for uses permitted under 18 U.S.C. 1
Section 2721(b)(1), the department of revenue shall not 2
release the home address of or any information that 3
identifies any vehicle owned or leased by any person who is 4
[a] an active or retired county, state or federal parole 5 SCS HCS HBs 799, 334, 2
424 & 1069
officer, [a] federal pretrial officer, [a] peace officer 6
pursuant to section 590.010, [a] person vested by Article V, 7
Section 1 of the Missouri Constitution with the judicial 8
power of the state, [a] member of the federal judiciary, or 9
a member of such person's immediate family contained in the 10
department's motor vehicle or driver registration records, 11
based on a specific request for such information from any 12
person. Any such person may notify the department of his or 13
her status and the department shall protect the 14
confidentiality of the home address and vehicle records on 15
such a person and his or her immediate family as required by 16
this section. This section shall not prohibit the 17
department from releasing information on a motor 18
registration list pursuant to section 32.055 or from 19
releasing information on any officer who holds a class A, B 20
or C commercial driver's license pursuant to the Motor 21
Carrier Safety Improvement Act of 1999, as amended, 49 22
U.S.C. 31309. 23
301.020. 1. Every owner of a motor vehicle or 1
trailer, which shall be operated or driven upon the highways 2
of this state, except as herein otherwise expressly 3
provided, shall annually file, by mail or otherwise, in the 4
office of the director of revenue, an application for 5
registration on a blank to be furnished by the director of 6
revenue for that purpose containing: 7
(1) A brief description of the motor vehicle or 8
trailer to be registered, including the name of the 9
manufacturer, the vehicle identification number, the amount 10
of motive power of the motor vehicle, stated in figures of 11
horsepower and whether the motor vehicle is to be registered 12
as a motor vehicle primarily for business use as defined in 13
section 301.010; 14 SCS HCS HBs 799, 334, 3
424 & 1069
(2) The name, the applicant's identification number 15
and address of the owner of such motor vehicle or trailer; 16
(3) The gross weight of the vehicle and the desired 17
load in pounds if the vehicle is a commercial motor vehicle 18
or trailer. 19
2. If the vehicle is a motor vehicle primarily for 20
business use as defined in section 301.010 and if such 21
vehicle is [ten years of age or less] model year 2012 or 22
newer and has less than one hundred fifty thousand miles on 23
the odometer, the director of revenue shall retain the 24
odometer information provided in the vehicle inspection 25
report, and provide for prompt access to such information, 26
together with the vehicle identification number for the 27
motor vehicle to which such information pertains, for a 28
period of ten years after the receipt of such information. 29
This section shall not apply unless: 30
(1) The application for the vehicle's certificate of 31
ownership was submitted after July 1, 1989; and 32
(2) The certificate was issued pursuant to a 33
manufacturer's statement of origin. 34
3. If the vehicle is any motor vehicle other than a 35
motor vehicle primarily for business use, a recreational 36
motor vehicle, motorcycle, motortricycle, autocycle, bus, or 37
any commercial motor vehicle licensed for over twelve 38
thousand pounds and if such motor vehicle is [ten years of 39
age or less] model year 2012 or newer and has less than one 40
hundred fifty thousand miles on the odometer, the director 41
of revenue shall retain the odometer information provided in 42
the vehicle inspection report, and provide for prompt access 43
to such information, together with the vehicle 44
identification number for the motor vehicle to which such 45
information pertains, for a period of ten years after the 46 SCS HCS HBs 799, 334, 4
424 & 1069
receipt of such information. This subsection shall not 47
apply unless: 48
(1) The application for the vehicle's certificate of 49
ownership was submitted after July 1, 1990; and 50
(2) The certificate was issued pursuant to a 51
manufacturer's statement of origin. 52
4. If the vehicle qualifies as a reconstructed motor 53
vehicle, motor change vehicle, specially constructed motor 54
vehicle, non-USA-std motor vehicle, as defined in section 55
301.010, or prior salvage as referenced in section 301.573, 56
the owner or lienholder shall surrender the certificate of 57
ownership. The owner shall make an application for a new 58
certificate of ownership, pay the required title fee, and 59
obtain the vehicle examination certificate required pursuant 60
to subsection 9 of section 301.190. If an insurance company 61
pays a claim on a salvage vehicle as defined in section 62
301.010 and the owner retains the vehicle, as prior salvage, 63
the vehicle shall only be required to meet the examination 64
requirements under subsection 10 of section 301.190. 65
Notarized bills of sale along with a copy of the front and 66
back of the certificate of ownership for all major component 67
parts installed on the vehicle and invoices for all 68
essential parts which are not defined as major component 69
parts shall accompany the application for a new certificate 70
of ownership. If the vehicle is a specially constructed 71
motor vehicle, as defined in section 301.010, two pictures 72
of the vehicle shall be submitted with the application. If 73
the vehicle is a kit vehicle, the applicant shall submit the 74
invoice and the manufacturer's statement of origin on the 75
kit. If the vehicle requires the issuance of a special 76
number by the director of revenue or a replacement vehicle 77
identification number, the applicant shall submit the 78 SCS HCS HBs 799, 334, 5
424 & 1069
required application and application fee. All applications 79
required under this subsection shall be submitted with any 80
applicable taxes which may be due on the purchase of the 81
vehicle or parts. The director of revenue shall 82
appropriately designate "Reconstructed Motor Vehicle", 83
"Motor Change Vehicle", "Non-USA-Std Motor Vehicle", or 84
"Specially Constructed Motor Vehicle" on the current and all 85
subsequent issues of the certificate of ownership of such 86
vehicle. 87
5. Every insurance company that pays a claim for 88
repair of a motor vehicle which as the result of such 89
repairs becomes a reconstructed motor vehicle as defined in 90
section 301.010 or that pays a claim on a salvage vehicle as 91
defined in section 301.010 and the owner is retaining the 92
vehicle shall in writing notify the owner of the vehicle, 93
and in a first party claim, the lienholder if a lien is in 94
effect, that he is required to surrender the certificate of 95
ownership, and the documents and fees required pursuant to 96
subsection 4 of this section to obtain a prior salvage motor 97
vehicle certificate of ownership or documents and fees as 98
otherwise required by law to obtain a salvage certificate of 99
ownership, from the director of revenue. The insurance 100
company shall within thirty days of the payment of such 101
claims report to the director of revenue the name and 102
address of such owner, the year, make, model, vehicle 103
identification number, and license plate number of the 104
vehicle, and the date of loss and payment. 105
6. Anyone who fails to comply with the requirements of 106
this section shall be guilty of a class B misdemeanor. 107
7. An applicant for registration may make a donation 108
of one dollar to promote a blindness education, screening 109
and treatment program. The director of revenue shall 110 SCS HCS HBs 799, 334, 6
424 & 1069
collect the donations and deposit all such donations in the 111
state treasury to the credit of the blindness education, 112
screening and treatment program fund established in section 113
209.015. Moneys in the blindness education, screening and 114
treatment program fund shall be used solely for the purposes 115
established in section 209.015; except that the department 116
of revenue shall retain no more than one percent for its 117
administrative costs. The donation prescribed in this 118
subsection is voluntary and may be refused by the applicant 119
for registration at the time of issuance or renewal. The 120
director shall inquire of each applicant at the time the 121
applicant presents the completed application to the director 122
whether the applicant is interested in making the one dollar 123
donation prescribed in this subsection. 124
8. An applicant for registration may make a donation 125
of an amount not less than one dollar to promote an organ 126
donor program. The director of revenue shall collect the 127
donations and deposit all such donations in the state 128
treasury to the credit of the organ donor program fund as 129
established in sections 194.297 to 194.304. Moneys in the 130
organ donor fund shall be used solely for the purposes 131
established in sections 194.297 to 194.304, except that the 132
department of revenue shall retain no more than one percent 133
for its administrative costs. The donation prescribed in 134
this subsection is voluntary and may be refused by the 135
applicant for registration at the time of issuance or 136
renewal. The director shall inquire of each applicant at 137
the time the applicant presents the completed application to 138
the director whether the applicant is interested in making a 139
contribution not less than one dollar as prescribed in this 140
subsection. 141 SCS HCS HBs 799, 334, 7
424 & 1069
9. An applicant for registration may make a donation 142
of one dollar to the Missouri medal of honor recipients 143
fund. The director of revenue shall collect the donations 144
and deposit all such donations in the state treasury to the 145
credit of the Missouri medal of honor recipients fund as 146
established in section 226.925. Moneys in the medal of 147
honor recipients fund shall be used solely for the purposes 148
established in section 226.925, except that the department 149
of revenue shall retain no more than one percent for its 150
administrative costs. The donation prescribed in this 151
subsection is voluntary and may be refused by the applicant 152
for registration at the time of issuance or renewal. The 153
director shall inquire of each applicant at the time the 154
applicant presents the completed application to the director 155
whether the applicant is interested in making the one dollar 156
donation prescribed in this subsection. 157
301.055. 1. The annual registration fee for motor 1
vehicles other than commercial motor vehicles is[: 2
3 Less than 12 horsepower $18.00
4 12 horsepower and less than 24 horsepower 21.00
5 24 horsepower and less than 36 horsepower 24.00
6 36 horsepower and less than 48 horsepower 33.00
7 48 horsepower and less than 60 horsepower 39.00
8 60 horsepower and less than 72 horsepower 45.00
9 72 horsepower and more 51.00
10 Motorcycles 8.50
11 Motortricycles 10.00 SCS HCS HBs 799, 334, 8
424 & 1069
twenty-five dollars, which shall include the railroad 13
crossing safety fee prescribed in section 389.612. 14
2. The annual registration fee for motorcycles, 15
motortricycles, and autocycles is ten dollars, which shall 16
include the railroad crossing safety fee prescribed in 17
section 389.612. 18
3. Notwithstanding any other provision of law, the 19
registration of any autocycle registered as a motorcycle or 20
motortricycle prior to August 28, 2018, shall remain in 21
effect until the expiration of the registration period for 22
such vehicle at which time the owner shall be required to 23
renew the motor vehicle's registration under the autocycle 24
classification and pay the appropriate registration fee. 25
301.070. 1. [In determining fees based on the 1
horsepower of vehicles propelled by internal combustion 2
engines, the horsepower shall be computed and recorded upon 3
the following formula established by the National Automobile 4
Chamber of Commerce: Square the bore of the cylinder in 5
inches multiplied by the number of cylinders, divided by two 6
and one-half. 7
2. The horsepower of all motor vehicles propelled by 8
steam may be accepted as rated by the manufacturers thereof, 9
or may be determined in accordance with regulations 10
promulgated by the director. 11
3. The horsepower of all motor vehicles, except 12
commercial motor vehicles, propelled by electric power, 13
shall be rated as being between twelve and twenty-four 14
horsepower. 15
12 Autocycles 10.00 ] SCS HCS HBs 799, 334, 9
424 & 1069
4.] Fees of commercial motor vehicles, other than 16
passenger-carrying commercial motor vehicles, shall be based 17
on the gross weight of the vehicle or any combination of 18
vehicles and the maximum load to be carried at any one time 19
during the license period, except the fee for a wrecker, tow 20
truck, rollback or car carrier used in a towing service 21
shall be based on the empty weight of such vehicle fully 22
equipped for the recovery or towing of vehicles. 23
[5.] 2. The decision of the director as to the type of 24
motor vehicles and their classification for the purpose of 25
registration and the computation of fees therefor shall be 26
final and conclusive. 27
301.110. 1. Whenever the director shall determine 1
from an increase or decrease in the number of registrations 2
of all types of motor vehicles in any given month that the 3
volume of clerical work of registration of all types of 4
motor vehicles in such month has become so disproportionate 5
to the volume of work in the remaining registration periods 6
as to render the system burdensome or inefficient, he is 7
authorized and empowered to change the registration period 8
of any number of motor vehicles, other than commercial motor 9
vehicles, as may be necessary to increase or reduce the 10
volume of registration in one or more periods by advancing 11
the renewal date and shortening the registration period of 12
such motor vehicles. 13
2. The shifting of registration periods shall be 14
accomplished by notifying the registrants of the change, and 15
giving them credit for that portion of the registration 16
period not yet elapsed. In such instances the director 17
shall order the registrant to surrender the license plates 18
and registration certificate held by him and shall assign 19
and issue, without cost to the owner, new plates and a 20 SCS HCS HBs 799, 334, 10
424 & 1069
registration certificate designating the new registration 21
expiration date. 22
3. Notwithstanding subsection 6 of section 142.869 or 23
any other provision of law to the contrary, the director may 24
stagger the collection of alternative fuel decal fees and 25
issuance of alternative fuel decals so that issuance of 26
alternative fuel decals occurs at the time of vehicle 27
registration and the decal or decals are valid for the 28
duration of the vehicle's registration period. In lieu of 29
an alternative fuel decal, the director may issue a receipt 30
showing payment of the alternative fuel decal fee, which 31
shall be kept with the vehicle and valid in place of an 32
alternative fuel decal displayed in accordance with section 33
142.869. 34
301.130. 1. The director of revenue, upon receipt of 1
a proper application for registration, required fees and any 2
other information which may be required by law, shall issue 3
to the applicant a certificate of registration in such 4
manner and form as the director of revenue may prescribe and 5
a set of license plates, or other evidence of registration, 6
as provided by this section. Each set of license plates 7
shall bear the name or abbreviated name of this state, the 8
words "SHOW-ME STATE", the month and year in which the 9
registration shall expire, and an arrangement of numbers or 10
letters, or both, as shall be assigned from year to year by 11
the director of revenue. The plates shall also contain 12
fully reflective material with a common color scheme and 13
design for each type of license plate issued pursuant to 14
this chapter. The plates shall be clearly visible at night, 15
and shall be aesthetically attractive. Special plates for 16
qualified disabled veterans will have the "DISABLED VETERAN" 17
wording on the license plates in preference to the words 18 SCS HCS HBs 799, 334, 11
424 & 1069
"SHOW-ME STATE" and special plates for members of the 19
National Guard will have the "NATIONAL GUARD" wording in 20
preference to the words "SHOW-ME STATE". 21
2. The arrangement of letters and numbers of license 22
plates shall be uniform throughout each classification of 23
registration. The director may provide for the arrangement 24
of the numbers in groups or otherwise, and for other 25
distinguishing marks on the plates. 26
3. All property-carrying commercial motor vehicles to 27
be registered at a gross weight in excess of twelve thousand 28
pounds, all passenger-carrying commercial motor vehicles, 29
local transit buses, school buses, trailers, semitrailers, 30
motorcycles, motortricycles, autocycles, motorscooters, and 31
driveaway vehicles shall be registered with the director of 32
revenue as provided for in subsection 3 of section 301.030, 33
or with the state highways and transportation commission as 34
otherwise provided in this chapter, but only one license 35
plate shall be issued for each such vehicle, except as 36
provided in this subsection. The applicant for registration 37
of any property-carrying commercial vehicle registered at a 38
gross weight in excess of twelve thousand pounds may request 39
and be issued two license plates for such vehicle, and if 40
such plates are issued, the director of revenue shall 41
provide for distinguishing marks on the plates indicating 42
one plate is for the front and the other is for the rear of 43
such vehicle. The director may assess and collect an 44
additional charge from the applicant in an amount not to 45
exceed the fee prescribed for personalized license plates in 46
subsection 1 of section 301.144. 47
4. The plates issued to manufacturers and dealers 48
shall bear the letters and numbers as prescribed by section 49
301.560, and the director may place upon the plates other 50 SCS HCS HBs 799, 334, 12
424 & 1069
letters or marks to distinguish commercial motor vehicles 51
and trailers and other types of motor vehicles. 52
5. No motor vehicle or trailer shall be operated on 53
any highway of this state unless it shall have displayed 54
thereon the license plate or set of license plates issued by 55
the director of revenue or the state highways and 56
transportation commission and authorized by section 57
301.140. Each such plate shall be securely fastened to the 58
motor vehicle or trailer in a manner so that all parts 59
thereof shall be plainly visible and reasonably clean so 60
that the reflective qualities thereof are not impaired. 61
Each such plate may be encased in a transparent, nontinted 62
cover so long as the plate is plainly visible and [its] the 63
plate's reflective qualities are not impaired. 64
Additionally, license plate frames shall not cover or 65
obscure any information that is necessary for law 66
enforcement purposes. License plates shall be fastened to 67
all motor vehicles except trucks, tractors, truck tractors 68
or truck-tractors licensed in excess of twelve thousand 69
pounds on the front and rear of such vehicles not less than 70
eight nor more than forty-eight inches above the ground, 71
with the letters and numbers thereon right side up. The 72
license plates on trailers, motorcycles, motortricycles, 73
autocycles, and motorscooters shall be displayed on the rear 74
of such vehicles either horizontally or vertically, with the 75
letters and numbers plainly visible. The license plate on 76
buses, other than school buses, and on trucks, tractors, 77
truck tractors or truck-tractors licensed in excess of 78
twelve thousand pounds shall be displayed on the front of 79
such vehicles not less than eight nor more than forty-eight 80
inches above the ground, with the letters and numbers 81
thereon right side up or if two plates are issued for the 82 SCS HCS HBs 799, 334, 13
424 & 1069
vehicle pursuant to subsection 3 of this section, displayed 83
in the same manner on the front and rear of such vehicles. 84
The license plate or plates authorized by section 301.140, 85
when properly attached, shall be prima facie evidence that 86
the required fees have been paid. 87
6. (1) The director of revenue shall issue annually 88
or biennially a tab or set of tabs as provided by law as 89
evidence of the annual payment of registration fees and the 90
current registration of a vehicle in lieu of the set of 91
plates. Beginning January 1, 2010, the director may 92
prescribe any additional information recorded on the tab or 93
tabs to ensure that the tab or tabs positively correlate 94
with the license plate or plates issued by the department of 95
revenue for such vehicle. Such tabs shall be produced in 96
each license bureau office. 97
(2) The vehicle owner to whom a tab or set of tabs is 98
issued shall affix and display such tab or tabs in the 99
designated area of the license plate, no more than one per 100
plate. 101
(3) A tab or set of tabs issued by the director of 102
revenue when attached to a vehicle in the prescribed manner 103
shall be prima facie evidence that the registration fee for 104
such vehicle has been paid. 105
(4) Except as otherwise provided in this section, the 106
director of revenue shall issue plates for a period of at 107
least six years. 108
(5) For those commercial motor vehicles and trailers 109
registered pursuant to section 301.041, the plate issued by 110
the highways and transportation commission shall be a 111
permanent nonexpiring license plate for which no tabs shall 112
be issued. Nothing in this section shall relieve the owner 113
of any vehicle permanently registered pursuant to this 114 SCS HCS HBs 799, 334, 14
424 & 1069
section from the obligation to pay the annual registration 115
fee due for the vehicle. The permanent nonexpiring license 116
plate shall be returned to the highways and transportation 117
commission upon the sale or disposal of the vehicle by the 118
owner to whom the permanent nonexpiring license plate is 119
issued, or the plate may be transferred to a replacement 120
commercial motor vehicle when the owner files a supplemental 121
application with the Missouri highways and transportation 122
commission for the registration of such replacement 123
commercial motor vehicle. Upon payment of the annual 124
registration fee, the highways and transportation commission 125
shall issue a certificate of registration or other suitable 126
evidence of payment of the annual fee, and such evidence of 127
payment shall be carried at all times in the vehicle for 128
which it is issued. 129
(6) Upon the sale or disposal of any vehicle 130
permanently registered under this section, or upon the 131
termination of a lease of any such vehicle, the permanent 132
nonexpiring plate issued for such vehicle shall be returned 133
to the highways and transportation commission and shall not 134
be valid for operation of such vehicle, or the plate may be 135
transferred to a replacement vehicle when the owner files a 136
supplemental application with the Missouri highways and 137
transportation commission for the registration of such 138
replacement vehicle. If a vehicle which is permanently 139
registered under this section is sold, wrecked or otherwise 140
disposed of, or the lease terminated, the registrant shall 141
be given credit for any unused portion of the annual 142
registration fee when the vehicle is replaced by the 143
purchase or lease of another vehicle during the registration 144
year. 145 SCS HCS HBs 799, 334, 15
424 & 1069
7. The director of revenue and the highways and 146
transportation commission may prescribe rules and 147
regulations for the effective administration of this 148
section. No rule or portion of a rule promulgated under the 149
authority of this section shall become effective unless it 150
has been promulgated pursuant to the provisions of section 151
536.024. 152
8. Notwithstanding the provisions of any other law to 153
the contrary, owners of motor vehicles other than 154
apportioned motor vehicles or commercial motor vehicles 155
licensed in excess of twenty-four thousand pounds gross 156
weight may apply for special personalized license plates. 157
Vehicles licensed for twenty-four thousand pounds that 158
display special personalized license plates shall be subject 159
to the provisions of subsections 1 and 2 of section 160
301.030. On and after August 28, 2016, owners of motor 161
vehicles, other than apportioned motor vehicles or 162
commercial motor vehicles licensed in excess of twenty-four 163
thousand pounds gross weight, may apply for any preexisting 164
or hereafter statutorily created special personalized 165
license plates. 166
9. No later than January 1, 2019, the director of 167
revenue shall commence the reissuance of new license plates 168
of such design as approved by the advisory committee under 169
section 301.125 consistent with the terms, conditions, and 170
provisions of section 301.125 and this chapter. Except as 171
otherwise provided in this section, in addition to all other 172
fees required by law, applicants for registration of 173
vehicles with license plates that expire during the period 174
of reissuance, applicants for registration of trailers or 175
semitrailers with license plates that expire during the 176
period of reissuance and applicants for registration of 177 SCS HCS HBs 799, 334, 16
424 & 1069
vehicles that are to be issued new license plates during the 178
period of reissuance shall pay the cost of the plates 179
required by this subsection. The additional cost prescribed 180
in this subsection shall not be charged to persons receiving 181
special license plates issued under section 301.073 or 182
301.443. Historic motor vehicle license plates registered 183
pursuant to section 301.131 and specialized license plates 184
are exempt from the provisions of this subsection. Except 185
for new, replacement, and transfer applications, permanent 186
nonexpiring license plates issued to commercial motor 187
vehicles and trailers registered under section 301.041 are 188
exempt from the provisions of this subsection. 189
301.140. 1. Upon the transfer of ownership of any 1
motor vehicle or trailer, the certificate of registration 2
and the right to use the number plates shall expire and the 3
number plates shall be removed by the owner at the time of 4
the transfer of possession, and it shall be unlawful for any 5
person other than the person to whom such number plates were 6
originally issued to have the same in his or her possession 7
whether in use or not, unless such possession is solely for 8
charitable purposes; except that the buyer of a motor 9
vehicle or trailer who trades in a motor vehicle or trailer 10
may attach the license plates from the traded-in motor 11
vehicle or trailer to the newly purchased motor vehicle or 12
trailer. The operation of a motor vehicle with such 13
transferred plates shall be lawful for no more than thirty 14
days, or no more than ninety days if the dealer is selling 15
the motor vehicle under the provisions of section 301.213, 16
or no more than sixty days if the dealer is selling the 17
motor vehicle under the provisions of subsection 5 of 18
section 301.210. As used in this subsection, the term 19
"trade-in motor vehicle or trailer" shall include any single 20 SCS HCS HBs 799, 334, 17
424 & 1069
motor vehicle or trailer sold by the buyer of the newly 21
purchased vehicle or trailer, as long as the license plates 22
for the trade-in motor vehicle or trailer are still valid. 23
2. In the case of a transfer of ownership the original 24
owner may register another motor vehicle under the same 25
number, upon the payment of a fee of two dollars, if the 26
motor vehicle is of [horsepower,] gross weight or (in the 27
case of a passenger-carrying commercial motor vehicle) 28
seating capacity[,] not in excess of that originally 29
registered. When such motor vehicle is of greater 30
[horsepower,] gross weight or (in the case of a passenger- 31
carrying commercial motor vehicle) seating capacity, for 32
which a greater fee is prescribed, the applicant shall pay a 33
transfer fee of two dollars and a pro rata portion for the 34
difference in fees. When such vehicle is of less 35
[horsepower,] gross weight or (in case of a passenger- 36
carrying commercial motor vehicle) seating capacity, for 37
which a lesser fee is prescribed, the applicant shall not be 38
entitled to a refund. 39
3. License plates may be transferred from a motor 40
vehicle which will no longer be operated to a newly 41
purchased motor vehicle by the owner of such vehicles. The 42
owner shall pay a transfer fee of two dollars if the newly 43
purchased vehicle is of [horsepower,] gross weight or (in 44
the case of a passenger-carrying commercial motor vehicle) 45
seating capacity[,] not in excess of that of the vehicle 46
which will no longer be operated. When the newly purchased 47
motor vehicle is of greater [horsepower,] gross weight or 48
(in the case of a passenger-carrying commercial motor 49
vehicle) seating capacity, for which a greater fee is 50
prescribed, the applicant shall pay a transfer fee of two 51
dollars and a pro rata portion of the difference in fees. 52 SCS HCS HBs 799, 334, 18
424 & 1069
When the newly purchased vehicle is of less [horsepower,] 53
gross weight or (in the case of a passenger-carrying 54
commercial motor vehicle) seating capacity, for which a 55
lesser fee is prescribed, the applicant shall not be 56
entitled to a refund. 57
4. (1) The director of the department of revenue 58
shall have authority to produce or allow others to produce a 59
weather resistant, nontearing temporary permit authorizing 60
the operation of a motor vehicle or trailer by a buyer for 61
not more than thirty days, [or no more than ninety days if 62
issued by a dealer selling the motor vehicle under the 63
provisions of section 301.213,] or no more than sixty days 64
if issued by a dealer selling the motor vehicle under the 65
provisions of subsection 5 of section 301.210, from the date 66
of purchase. The temporary permit authorized under this 67
section may be purchased by the purchaser of a motor vehicle 68
or trailer from the central office of the department of 69
revenue or from an authorized agent of the department of 70
revenue upon satisfaction of all applicable taxes under 71
chapter 144, upon proof of purchase of a motor vehicle or 72
trailer for which the buyer has no registration plate 73
available for transfer, and upon proof of financial 74
responsibility, or from a motor vehicle dealer upon purchase 75
of a motor vehicle or trailer for which the buyer has no 76
registration plate available for transfer, or from a motor 77
vehicle dealer upon purchase of a motor vehicle or trailer 78
for which the buyer has registered and is awaiting receipt 79
of registration plates. The director of the department of 80
revenue or a producer authorized by the director of the 81
department of revenue may make temporary permits available 82
to registered dealers in this state, authorized agents of 83
the department of revenue or the department of revenue. The 84 SCS HCS HBs 799, 334, 19
424 & 1069
price paid by a motor vehicle dealer, an authorized agent of 85
the department of revenue or the department of revenue for a 86
temporary permit shall not exceed five dollars for each 87
permit. The director of the department of revenue shall 88
direct motor vehicle dealers and authorized agents to obtain 89
temporary permits from an authorized producer. Amounts 90
received by the director of the department of revenue for 91
temporary permits shall constitute state revenue; however, 92
amounts received by an authorized producer other than the 93
director of the department of revenue shall not constitute 94
state revenue and any amounts received by motor vehicle 95
dealers or authorized agents for temporary permits purchased 96
from a producer other than the director of the department of 97
revenue shall not constitute state revenue. In no event 98
shall revenues from the general revenue fund or any other 99
state fund be utilized to compensate motor vehicle dealers 100
or other producers for their role in producing temporary 101
permits as authorized under this section. Amounts that do 102
not constitute state revenue under this section shall also 103
not constitute fees for registration or certificates of 104
title to be collected by the director of the department of 105
revenue under section 301.190. No motor vehicle dealer, 106
authorized agent or the department of revenue shall charge 107
more than five dollars for each permit issued. The permit 108
shall be valid for a period of thirty days, or no more than 109
ninety days if issued by a dealer selling the motor vehicle 110
under the provisions of section 301.213, or no more than 111
sixty days if issued by a dealer selling the motor vehicle 112
under the provisions of subsection 5 of section 301.210, 113
from the date of purchase of a motor vehicle or trailer, or 114
from the date of sale of the motor vehicle or trailer by a 115
motor vehicle dealer for which the purchaser obtains a 116 SCS HCS HBs 799, 334, 20
424 & 1069
permit as set out above. No permit shall be issued for a 117
vehicle under this section unless the buyer shows proof of 118
financial responsibility. Each temporary permit issued 119
shall be securely fastened to the back or rear of the motor 120
vehicle in a manner and place on the motor vehicle 121
consistent with registration plates so that all parts and 122
qualities of the temporary permit thereof shall be plainly 123
and clearly visible, reasonably clean and are not impaired 124
in any way. 125
(2) The provisions of subdivision (1) of this 126
subsection requiring satisfaction of all applicable taxes 127
under chapter 144 shall become effective only upon 128
notification by the director of the department of revenue 129
that implementation of such requirements are technologically 130
feasible following the development and maintenance of a 131
modernized, integrated system for the titling of vehicles, 132
the issuance and renewal of vehicle registrations, the 133
issuance and renewal of drivers' licenses and identification 134
cards, and the perfection and release of liens and 135
encumbrances on vehicles. 136
5. The permit shall be issued on a form prescribed by 137
the director of the department of revenue and issued only 138
for the applicant's temporary operation of the motor vehicle 139
or trailer purchased to enable the applicant to temporarily 140
operate the motor vehicle while proper title and 141
registration plates are being obtained, or while awaiting 142
receipt of registration plates, and shall be displayed on no 143
other motor vehicle. Temporary permits issued pursuant to 144
this section shall not be transferable or renewable, shall 145
not be valid upon issuance of proper registration plates for 146
the motor vehicle or trailer, and shall be returned to the 147
department or to the department's agent upon the issuance of 148 SCS HCS HBs 799, 334, 21
424 & 1069
such proper registration plates. Any temporary permit 149
returned to the department or to the department's agent 150
shall be immediately destroyed. The provisions of this 151
subsection shall not apply to temporary permits issued for 152
commercial motor vehicles licensed in excess of twenty-four 153
thousand pounds gross weight. The director of the 154
department of revenue shall determine the size, material, 155
design, numbering configuration, construction, and color of 156
the permit. The director of the department of revenue, at 157
his or her discretion, shall have the authority to reissue, 158
and thereby extend the use of, a temporary permit previously 159
and legally issued for a motor vehicle or trailer while 160
proper title and registration are being obtained. 161
6. Every motor vehicle dealer that issues temporary 162
permits shall keep, for inspection by proper officers, an 163
accurate record of each permit issued by recording the 164
permit number, the motor vehicle dealer's number, buyer's 165
name and address, the motor vehicle's year, make, and 166
manufacturer's vehicle identification number, and the 167
permit's date of issuance and expiration date. Upon the 168
issuance of a temporary permit by either the central office 169
of the department of revenue, a motor vehicle dealer or an 170
authorized agent of the department of revenue, the director 171
of the department of revenue shall make the information 172
associated with the issued temporary permit immediately 173
available to the law enforcement community of the state of 174
Missouri. 175
7. Upon the transfer of ownership of any currently 176
registered motor vehicle wherein the owner cannot transfer 177
the license plates due to a change of motor vehicle 178
category, the owner may surrender the license plates issued 179
to the motor vehicle and receive credit for any unused 180 SCS HCS HBs 799, 334, 22
424 & 1069
portion of the original registration fee against the 181
registration fee of another motor vehicle. Such credit 182
shall be granted based upon the date the license plates are 183
surrendered. No refunds shall be made on the unused portion 184
of any license plates surrendered for such credit. 185
8. An additional temporary license plate produced in a 186
manner and of materials determined by the director to be the 187
most cost-effective means of production with a configuration 188
that matches an existing or newly issued plate may be 189
purchased by a motor vehicle owner to be placed in the 190
interior of the vehicle's rear window such that the driver's 191
view out of the rear window is not obstructed and the plate 192
configuration is clearly visible from the outside of the 193
vehicle to serve as the visible plate when a bicycle rack or 194
other item obstructs the view of the actual plate. Such 195
temporary plate is only authorized for use when the matching 196
actual plate is affixed to the vehicle in the manner 197
prescribed in subsection 5 of section 301.130. The fee 198
charged for the temporary plate shall be equal to the fee 199
charged for a temporary permit issued under subsection 4 of 200
this section. Replacement temporary plates authorized in 201
this subsection may be issued as needed upon the payment of 202
a fee equal to the fee charged for a temporary permit under 203
subsection 4 of this section. The newly produced third 204
plate may only be used on the vehicle with the matching 205
plate, and the additional plate shall be clearly 206
recognizable as a third plate and only used for the purpose 207
specified in this subsection. 208
9. Notwithstanding the provisions of section 301.217, 209
the director may issue a temporary permit to an individual 210
who possesses a salvage motor vehicle which requires an 211
inspection under subsection 9 of section 301.190. The 212 SCS HCS HBs 799, 334, 23
424 & 1069
operation of a salvage motor vehicle for which the permit 213
has been issued shall be limited to the most direct route 214
from the residence, maintenance, or storage facility of the 215
individual in possession of such motor vehicle to the 216
nearest authorized inspection facility and return to the 217
originating location. Notwithstanding any other 218
requirements for the issuance of a temporary permit under 219
this section, an individual obtaining a temporary permit for 220
the purpose of operating a motor vehicle to and from an 221
examination facility as prescribed in this subsection shall 222
also purchase the required motor vehicle examination form 223
which is required to be completed for an examination under 224
subsection 9 of section 301.190 and provide satisfactory 225
evidence that such vehicle has passed a motor vehicle safety 226
inspection for such vehicle as required in section 307.350. 227
10. Notwithstanding any provision of law to the 228
contrary, a person may be stopped or inspected by law 229
enforcement, based on reasonable suspicion that a temporary 230
permit violation has occurred, in order to determine whether 231
a temporary permit is current or valid. Upon a 232
determination by law enforcement that a temporary permit is 233
expired by at least seventy days, or that a temporary permit 234
has been altered, the law enforcement officer conducting the 235
stop shall issue a citation and such person shall be fined 236
in the amount of two hundred fifty dollars. If the person 237
properly registers the vehicle within thirty days of the 238
issuance of a citation, the prosecutor shall nolle prosequi 239
the citation, court costs shall be waived, and the offense 240
shall not be registered as a violation on the person's 241
driving record. If the vehicle is stopped a second time for 242
a temporary permit violation after such thirty-day time 243
period has lapsed, the vehicle shall be impounded until such 244 SCS HCS HBs 799, 334, 24
424 & 1069
time as the vehicle is properly registered. It shall be the 245
responsibility of the owner of the vehicle to work with the 246
impound lot owner if there is an issue with the vehicle's 247
safety inspection. 248
11. The director of the department of revenue may 249
promulgate all necessary rules and regulations for the 250
administration of this section. Any rule or portion of a 251
rule, as that term is defined in section 536.010, that is 252
created under the authority delegated in this section shall 253
become effective only if it complies with and is subject to 254
all of the provisions of chapter 536 and, if applicable, 255
section 536.028. This section and chapter 536 are 256
nonseverable and if any of the powers vested with the 257
general assembly pursuant to chapter 536 to review, to delay 258
the effective date, or to disapprove and annul a rule are 259
subsequently held unconstitutional, then the grant of 260
rulemaking authority and any rule proposed or adopted after 261
August 28, 2012, shall be invalid and void. 262
[11.] 12. The repeal and reenactment of this section 263
shall become effective on the date the department of revenue 264
or a producer authorized by the director of the department 265
of revenue begins producing temporary permits described in 266
subsection 4 of such section, or on July 1, 2013, whichever 267
occurs first. If the director of revenue or a producer 268
authorized by the director of the department of revenue 269
begins producing temporary permits prior to July 1, 2013, 270
the director of the department of revenue shall notify the 271
revisor of statutes of such fact. 272
301.142. 1. As used in sections 301.141 to 301.143, 1
the following terms mean: 2
(1) "Department", the department of revenue; 3 SCS HCS HBs 799, 334, 25
424 & 1069
(2) "Director", the director of the department of 4
revenue; 5
(3) "Other authorized health care practitioner" 6
includes advanced practice registered nurses licensed 7
pursuant to chapter 335, physician assistants licensed 8
pursuant to chapter 334, chiropractors licensed pursuant to 9
chapter 331, podiatrists licensed pursuant to chapter 330, 10
assistant physicians, physical therapists licensed pursuant 11
to chapter 334, occupational therapists licensed pursuant to 12
chapter 324, and optometrists licensed pursuant to chapter 13
336; 14
(4) "Physically disabled", a natural person who is 15
blind, as defined in section 8.700, or a natural person with 16
medical disabilities which prohibits, limits, or severely 17
impairs one's ability to ambulate or walk, as determined by 18
a licensed physician or other authorized health care 19
practitioner as follows: 20
(a) The person cannot ambulate or walk fifty or less 21
feet without stopping to rest due to a severe and disabling 22
arthritic, neurological, orthopedic condition, or other 23
severe and disabling condition; or 24
(b) The person cannot ambulate or walk without the use 25
of, or assistance from, a brace, cane, crutch, another 26
person, prosthetic device, wheelchair, or other assistive 27
device; or 28
(c) Is restricted by a respiratory or other disease to 29
such an extent that the person's forced respiratory 30
expiratory volume for one second, when measured by 31
spirometry, is less than one liter, or the arterial oxygen 32
tension is less than sixty mm/hg on room air at rest; or 33
(d) Uses portable oxygen; or 34 SCS HCS HBs 799, 334, 26
424 & 1069
(e) Has a cardiac condition to the extent that the 35
person's functional limitations are classified in severity 36
as class III or class IV according to standards set by the 37
American Heart Association; or 38
(f) Except as otherwise provided in subdivision (3) of 39
subsection 16 of this section, a person's age, in and of 40
itself, shall not be a factor in determining whether such 41
person is physically disabled or is otherwise entitled to 42
disabled license plates and/or disabled windshield hanging 43
placards within the meaning of sections 301.141 to 301.143; 44
(5) "Physician", a person licensed to practice 45
medicine pursuant to chapter 334; 46
(6) "Physician's statement", a statement personally 47
signed by a duly authorized person which certifies that a 48
person is disabled as defined in this section; 49
(7) "Temporarily disabled person", a disabled person 50
as defined in this section whose disability or incapacity is 51
expected to last no more than one hundred eighty days; 52
(8) "Temporary windshield placard", a placard to be 53
issued to persons who are temporarily disabled persons as 54
defined in this section, certification of which shall be 55
indicated on the physician's statement; 56
(9) "Windshield placard", a placard to be issued to 57
persons who are physically disabled as defined in this 58
section, certification of which shall be indicated on the 59
physician's statement. 60
2. Other authorized health care practitioners may 61
furnish to a physically disabled or temporarily disabled 62
person a physician's statement for only those physical 63
health care conditions for which such health care 64
practitioner is legally authorized to diagnose and treat. 65
3. A physician's statement shall: 66 SCS HCS HBs 799, 334, 27
424 & 1069
(1) Be on a form prescribed by the director of revenue; 67
(2) Set forth the specific diagnosis and medical 68
condition which renders the person physically disabled or 69
temporarily disabled as defined in this section; 70
(3) Include the physician's or other authorized health 71
care practitioner's license number; and 72
(4) Be personally signed by the issuing physician or 73
other authorized health care practitioner. 74
4. If it is the professional opinion of the physician 75
or other authorized health care practitioner issuing the 76
statement that the physical disability of the applicant, 77
user, or member of the applicant's household is permanent, 78
it shall be noted on the statement. Otherwise, the 79
physician or other authorized health care practitioner shall 80
note on the statement the anticipated length of the 81
disability, which shall determine the expiration date for 82
the temporary windshield placard, and which period shall not 83
exceed one hundred eighty days. If the physician or health 84
care practitioner fails to record an expiration date on the 85
physician's statement, the director shall issue a temporary 86
windshield placard for a period of thirty days. 87
5. A physician or other authorized health care 88
practitioner who issues or signs a physician's statement so 89
that disabled plates or a disabled windshield placard may be 90
obtained shall maintain in such disabled person's medical 91
chart documentation that such a certificate has been issued, 92
the date the statement was signed, the diagnosis or 93
condition which existed that qualified the person as 94
disabled pursuant to this section and shall contain 95
sufficient documentation so as to objectively confirm that 96
such condition exists. 97 SCS HCS HBs 799, 334, 28
424 & 1069
6. The medical or other records of the physician or 98
other authorized health care practitioner who issued a 99
physician's statement shall be open to inspection and review 100
by such practitioner's licensing board, in order to verify 101
compliance with this section. Information contained within 102
such records shall be confidential unless required for 103
prosecution, disciplinary purposes, or otherwise required to 104
be disclosed by law. 105
7. Owners of motor vehicles who are residents of the 106
state of Missouri, and who are physically disabled, owners 107
of motor vehicles operated at least fifty percent of the 108
time by a physically disabled person, or owners of motor 109
vehicles used to primarily transport physically disabled 110
members of the owner's household may obtain disabled person 111
license plates. Such owners, upon application to the 112
director accompanied by the documents and fees provided for 113
in this section, a current physician's statement which has 114
been issued within ninety days proceeding the date the 115
application is made, and proof of compliance with the state 116
motor vehicle laws relating to registration and licensing of 117
motor vehicles, shall be issued motor vehicle license plates 118
for vehicles, other than commercial vehicles with a gross 119
weight in excess of twenty-four thousand pounds, upon which 120
shall be inscribed the international wheelchair 121
accessibility symbol and the word "DISABLED" in addition to 122
a combination of letters and numbers. Such license plates 123
shall be made with fully reflective material with a common 124
color scheme and design, shall be clearly visible at night, 125
and shall be aesthetically attractive, as prescribed by 126
section 301.130. If at any time an individual who obtained 127
disabled license plates issued under this subsection no 128
longer occupies a residence with a physically disabled 129 SCS HCS HBs 799, 334, 29
424 & 1069
person, or no longer owns a vehicle that is operated at 130
least fifty percent of the time by a physically disabled 131
person, such individual shall surrender the disabled license 132
plates to the department within thirty days of becoming 133
ineligible for their use. 134
8. The director shall further issue, upon request, to 135
such applicant one, and for good cause shown, as the 136
director may define by rule and regulations, not more than 137
two, removable disabled windshield hanging placards for use 138
when the disabled person is occupying a vehicle or when a 139
vehicle not bearing the permanent handicap plate is being 140
used to pick up, deliver, or collect the physically disabled 141
person issued the disabled motor vehicle license plate or 142
disabled windshield hanging placard. 143
9. No additional fee shall be paid to the director for 144
the issuance of the special license plates provided in this 145
section, except for special personalized license plates and 146
other license plates described in this subsection. Priority 147
for any specific set of special license plates shall be 148
given to the applicant who received the number in the 149
immediately preceding license period subject to the 150
applicant's compliance with the provisions of this section 151
and any applicable rules or regulations issued by the 152
director. If determined feasible by the advisory committee 153
established in section 301.129, any special license plate 154
issued pursuant to this section may be adapted to also 155
include the international wheelchair accessibility symbol 156
and the word "DISABLED" as prescribed in this section and 157
such plate may be issued to any applicant who meets the 158
requirements of this section and the other appropriate 159
provision of this chapter, subject to the requirements and 160
fees of the appropriate provision of this chapter. 161 SCS HCS HBs 799, 334, 30
424 & 1069
10. Any physically disabled person, or the parent or 162
guardian of any such person, or any not-for-profit group, 163
organization, or other entity which transports more than one 164
physically disabled person, may apply to the director of 165
revenue for a removable windshield placard. The placard may 166
be used in motor vehicles which do not bear the permanent 167
handicap symbol on the license plate. Such placards must be 168
hung from the front, middle rearview mirror of a parked 169
motor vehicle and may not be hung from the mirror during 170
operation. These placards may only be used during the 171
period of time when the vehicle is being used by a disabled 172
person, or when the vehicle is being used to pick up, 173
deliver, or collect a disabled person, and shall be 174
surrendered to the department, within thirty days, if a 175
group, organization, or entity that obtained the removable 176
windshield placard due to the transportation of more than 177
one physically disabled person no longer transports more 178
than one disabled person. When there is no rearview mirror, 179
the placard shall be displayed on the dashboard on the 180
driver's side. 181
11. The removable windshield placard shall conform to 182
the specifications, in respect to size, color, and content, 183
as set forth in federal regulations published by the 184
Department of Transportation. The removable windshield 185
placard shall be renewed every [four] eight years. The 186
department shall have the authority to automatically renew 187
current valid disabled placards for a duration of eight 188
years, or for the duration that correlates with the person's 189
current physician's statement expiration date, until all 190
permanent disabled placards are on an eight-year renewal 191
cycle. The director may stagger the expiration dates to 192
equalize workload. Only one removable placard may be issued 193 SCS HCS HBs 799, 334, 31
424 & 1069
to an applicant who has been issued disabled person license 194
plates. Upon request, one additional windshield placard may 195
be issued to an applicant who has not been issued disabled 196
person license plates. 197
12. A temporary windshield placard shall be issued to 198
any physically disabled person, or the parent or guardian of 199
any such person who otherwise qualifies except that the 200
physical disability, in the opinion of the physician, is not 201
expected to exceed a period of one hundred eighty days. The 202
temporary windshield placard shall conform to the 203
specifications, in respect to size, color, and content, as 204
set forth in federal regulations published by the Department 205
of Transportation. The fee for the temporary windshield 206
placard shall be two dollars. Upon request, and for good 207
cause shown, one additional temporary windshield placard may 208
be issued to an applicant. Temporary windshield placards 209
shall be issued upon presentation of the physician's 210
statement provided by this section and shall be displayed in 211
the same manner as removable windshield placards. A person 212
or entity shall be qualified to possess and display a 213
temporary removable windshield placard for six months and 214
the placard may be renewed once for an additional six months 215
if a physician's statement pursuant to this section is 216
supplied to the director of revenue at the time of renewal. 217
13. A windshield placard shall be renewable only by 218
the person or entity to which the placard was originally 219
issued. Any placard issued pursuant to this section shall 220
only be used when the physically disabled occupant for whom 221
the disabled plate or placard was issued is in the motor 222
vehicle at the time of parking or when a physically disabled 223
person is being delivered or collected. A disabled license 224
plate and/or a removable windshield hanging placard are not 225 SCS HCS HBs 799, 334, 32
424 & 1069
transferable and may not be used by any other person whether 226
disabled or not. 227
14. At the time the disabled plates or windshield 228
hanging placards are issued, the director shall issue a 229
registration certificate which shall include the applicant's 230
name, address, and other identifying information as 231
prescribed by the director, or if issued to an agency, such 232
agency's name and address. This certificate shall further 233
contain the disabled license plate number or, for windshield 234
hanging placards, the registration or identifying number 235
stamped on the placard. The validated registration receipt 236
given to the applicant shall serve as the registration 237
certificate. 238
15. The director shall, upon issuing any disabled 239
registration certificate for license plates and/or 240
windshield hanging placards, provide information which 241
explains that such plates or windshield hanging placards are 242
nontransferable, and the restrictions explaining who and 243
when a person or vehicle which bears or has the disabled 244
plates or windshield hanging placards may be used or be 245
parked in a disabled reserved parking space, and the 246
penalties prescribed for violations of the provisions of 247
this act. 248
16. (1) Except as otherwise provided in this 249
subsection, every applicant for issuance of a disabled 250
license plate or placard shall be required to present a new 251
physician's statement dated no more than ninety days prior 252
to such application, and for renewal applications a 253
physician's statement dated no more than ninety days prior 254
to such application shall be required every eighth year. 255
(2) Notwithstanding any provision of law to the 256
contrary, if the applicant has presented proof of disability 257 SCS HCS HBs 799, 334, 33
424 & 1069
in the form of a statement from the United States Department 258
of Veterans Affairs verifying that the person is permanently 259
disabled, the applicant shall not be required to provide a 260
physician's statement for the purpose of issuance or renewal 261
of disabled person license plates or windshield placards. 262
(3) Notwithstanding the provisions of paragraph (f) of 263
subdivision (4) of subsection 1 of this section, any person 264
seventy-five years of age or older who provided a 265
physician's statement with the original application shall 266
not be required to provide a physician's statement for the 267
purpose of renewal of disabled person license plates or 268
windshield placards. 269
17. The director of revenue upon receiving a 270
physician's statement pursuant to this subsection shall 271
check with the state board of registration for the healing 272
arts created in section 334.120, or the Missouri state board 273
of nursing established in section 335.021, with respect to 274
physician's statements signed by advanced practice 275
registered nurses, or the Missouri state board of 276
chiropractic examiners established in section 331.090, with 277
respect to physician's statements signed by licensed 278
chiropractors, or with the board of optometry established in 279
section 336.130, with respect to physician's statements 280
signed by licensed optometrists, or the state board of 281
podiatric medicine created in section 330.100, with respect 282
to physician's statements signed by physicians of the foot 283
or podiatrists, or the Missouri board of occupational 284
therapy established in section 324.063, with respect to 285
physician's statements signed by licensed occupational 286
therapists, to determine whether the physician is duly 287
licensed and registered pursuant to law. 288 SCS HCS HBs 799, 334, 34
424 & 1069
18. The boards shall cooperate with the director and 289
shall supply information requested pursuant to this 290
subsection. The director shall, in cooperation with the 291
boards which shall assist the director, establish a list of 292
all Missouri physicians and other authorized health care 293
practitioners and of any other information necessary to 294
administer this section. 295
19. Where the owner's application is based on the fact 296
that the vehicle is used at least fifty percent of the time 297
by a physically disabled person, the applicant shall submit 298
a statement stating this fact, in addition to the 299
physician's statement. The statement shall be signed by 300
both the owner of the vehicle and the physically disabled 301
person. The applicant shall be required to submit this 302
statement with each application for license plates. No 303
person shall willingly or knowingly submit a false statement 304
and any such false statement shall be considered perjury and 305
may be punishable pursuant to section 301.420. 306
20. The director of revenue shall retain all 307
physicians' statements and all other documents received in 308
connection with a person's application for disabled license 309
plates and/or disabled windshield placards. 310
21. The director of revenue shall enter into 311
reciprocity agreements with other states or the federal 312
government for the purpose of recognizing disabled person 313
license plates or windshield placards issued to physically 314
disabled persons. 315
22. When a person to whom disabled person license 316
plates or a removable or temporary windshield placard or 317
both have been issued dies, the personal representative of 318
the decedent or such other person who may come into or 319
otherwise take possession of the disabled license plates or 320 SCS HCS HBs 799, 334, 35
424 & 1069
disabled windshield placard shall return the same to the 321
director of revenue under penalty of law. Failure to return 322
such plates or placards shall constitute a class B 323
misdemeanor. 324
23. The director of revenue may order any person 325
issued disabled person license plates or windshield placards 326
to submit to an examination by a chiropractor, osteopath, or 327
physician, or to such other investigation as will determine 328
whether such person qualifies for the special plates or 329
placards. 330
24. If such person refuses to submit or is found to no 331
longer qualify for special plates or placards provided for 332
in this section, the director of revenue shall collect the 333
special plates or placards, and shall furnish license plates 334
to replace the ones collected as provided by this chapter. 335
25. In the event a removable or temporary windshield 336
placard is lost, stolen, or mutilated, the lawful holder 337
thereof shall, within five days, file with the director of 338
revenue an application and an affidavit stating such fact, 339
in order to purchase a new placard. The fee for the 340
replacement windshield placard shall be four dollars. 341
26. Fraudulent application, renewal, issuance, 342
procurement or use of disabled person license plates or 343
windshield placards shall be a class A misdemeanor. It is a 344
class B misdemeanor for a physician, chiropractor, 345
podiatrist [or], optometrist, or occupational therapist to 346
certify that an individual or family member is qualified for 347
a license plate or windshield placard based on a disability, 348
the diagnosis of which is outside their scope of practice or 349
if there is no basis for the diagnosis. 350
301.147. 1. Notwithstanding the provisions of section 1
301.020 to the contrary, beginning July 1, 2000, the 2 SCS HCS HBs 799, 334, 36
424 & 1069
director of revenue may provide owners of motor vehicles, 3
other than commercial motor vehicles licensed in excess of 4
fifty-four thousand pounds gross weight, the option of 5
biennially registering motor vehicles. [Any vehicle 6
manufactured as an even-numbered model year vehicle shall be 7
renewed each even-numbered calendar year and any such 8
vehicle manufactured as an odd-numbered model year vehicle 9
shall be renewed each odd-numbered calendar year, subject to 10
the following requirements: 11
(1)] The fee collected at the time of biennial 12
registration shall include the annual registration fee plus 13
a pro rata amount for the additional [twelve] months of the 14
biennial registration[; 15
(2) Presentation of]. The applicant shall present all 16
documentation otherwise required by law for vehicle 17
registration including, but not limited to, a personal 18
property tax receipt or certified statement for the 19
preceding year that no such taxes were due as set forth in 20
section 301.025, proof of a motor vehicle safety inspection 21
and any applicable emission inspection conducted within 22
sixty days prior to the date of application, and proof of 23
insurance as required by section 303.026. 24
2. The director of revenue may prescribe rules and 25
regulations for the effective administration of this 26
section. The director is authorized to adopt those rules 27
that are reasonable and necessary to accomplish the limited 28
duties specifically delegated within this section. Any rule 29
or portion of a rule, as that term is defined in section 30
536.010, that is promulgated pursuant to the authority 31
delegated in this section shall become effective only if it 32
has been promulgated pursuant to the provisions of chapter 33
536. This section and chapter 536 are nonseverable and if 34 SCS HCS HBs 799, 334, 37
424 & 1069
any of the powers vested with the general assembly pursuant 35
to chapter 536 to review, to delay the effective date or to 36
disapprove and annul a rule are subsequently held 37
unconstitutional, then the grant of rulemaking authority and 38
any rule proposed or adopted after July 1, 2000, shall be 39
invalid and void. 40
3. The director of revenue shall have the authority to 41
stagger the registration period of motor vehicles other than 42
commercial motor vehicles licensed in excess of twelve 43
thousand pounds gross weight to equalize workload or for the 44
convenience of registration applicants. Once the owner of a 45
motor vehicle chooses the option of biennial registration, 46
such registration must be maintained for the full twenty- 47
four month period. 48
301.190. 1. No certificate of registration of any 1
motor vehicle or trailer, or number plate therefor, shall be 2
issued by the director of revenue unless the applicant 3
therefor shall make application for and be granted a 4
certificate of ownership of such motor vehicle or trailer, 5
or shall present satisfactory evidence that such certificate 6
has been previously issued to the applicant for such motor 7
vehicle or trailer. Application shall be made within thirty 8
days after the applicant acquires the motor vehicle or 9
trailer, unless the motor vehicle was acquired under section 10
301.213 or subsection 5 of section 301.210 in which case the 11
applicant shall make application within thirty days after 12
receiving title from the dealer, upon a blank form furnished 13
by the director of revenue and shall contain the applicant's 14
identification number, a full description of the motor 15
vehicle or trailer, the vehicle identification number, and 16
the mileage registered on the odometer at the time of 17
transfer of ownership, as required by section 407.536, 18 SCS HCS HBs 799, 334, 38
424 & 1069
together with a statement of the applicant's source of title 19
and of any liens or encumbrances on the motor vehicle or 20
trailer, provided that for good cause shown the director of 21
revenue may extend the period of time for making such 22
application. When an owner wants to add or delete a name or 23
names on an application for certificate of ownership of a 24
motor vehicle or trailer that would cause it to be 25
inconsistent with the name or names listed on the notice of 26
lien, the owner shall provide the director with 27
documentation evidencing the lienholder's authorization to 28
add or delete a name or names on an application for 29
certificate of ownership. 30
2. The director of revenue shall use reasonable 31
diligence in ascertaining whether the facts stated in such 32
application are true and shall, to the extent possible 33
without substantially delaying processing of the 34
application, review any odometer information pertaining to 35
such motor vehicle that is accessible to the director of 36
revenue. If satisfied that the applicant is the lawful 37
owner of such motor vehicle or trailer, or otherwise 38
entitled to have the same registered in his name, the 39
director shall thereupon issue an appropriate certificate 40
over his signature and sealed with the seal of his office, 41
procured and used for such purpose. The certificate shall 42
contain on its face a complete description, vehicle 43
identification number, and other evidence of identification 44
of the motor vehicle or trailer, as the director of revenue 45
may deem necessary, together with the odometer information 46
required to be put on the face of the certificate pursuant 47
to section 407.536, a statement of any liens or encumbrances 48
which the application may show to be thereon, and, if 49
ownership of the vehicle has been transferred, the name of 50 SCS HCS HBs 799, 334, 39
424 & 1069
the state issuing the transferor's title and whether the 51
transferor's odometer mileage statement executed pursuant to 52
section 407.536 indicated that the true mileage is 53
materially different from the number of miles shown on the 54
odometer, or is unknown. 55
3. The director of revenue shall appropriately 56
designate on the current and all subsequent issues of the 57
certificate the words "Reconstructed Motor Vehicle", "Motor 58
Change Vehicle", "Specially Constructed Motor Vehicle", or 59
"Non-USA-Std Motor Vehicle", as defined in section 301.010. 60
Effective July 1, 1990, on all original and all subsequent 61
issues of the certificate for motor vehicles as referenced 62
in subsections 2 and 3 of section 301.020, the director 63
shall print on the face thereof the following designation: 64
"Annual odometer updates may be available from the 65
department of revenue.". On any duplicate certificate, the 66
director of revenue shall reprint on the face thereof the 67
most recent of either: 68
(1) The mileage information included on the face of 69
the immediately prior certificate and the date of purchase 70
or issuance of the immediately prior certificate; or 71
(2) Any other mileage information provided to the 72
director of revenue, and the date the director obtained or 73
recorded that information. 74
4. The certificate of ownership issued by the director 75
of revenue shall be manufactured in a manner to prohibit as 76
nearly as possible the ability to alter, counterfeit, 77
duplicate, or forge such certificate without ready 78
detection. In order to carry out the requirements of this 79
subsection, the director of revenue may contract with a 80
nonprofit scientific or educational institution specializing 81
in the analysis of secure documents to determine the most 82 SCS HCS HBs 799, 334, 40
424 & 1069
effective methods of rendering Missouri certificates of 83
ownership nonalterable or noncounterfeitable. 84
5. The fee for each original certificate so issued 85
shall be eight dollars and fifty cents, in addition to the 86
fee for registration of such motor vehicle or trailer. If 87
application for the certificate is not made within thirty 88
days after the vehicle is acquired by the applicant, or 89
where the motor vehicle was acquired under section 301.213 90
or subsection 5 of section 301.210 and the applicant fails 91
to make application within thirty days after receiving title 92
from the dealer, a delinquency penalty fee of twenty-five 93
dollars for the first thirty days of delinquency and twenty- 94
five dollars for each thirty days of delinquency thereafter, 95
not to exceed a total of two hundred dollars, but such 96
penalty may be waived by the director for a good cause 97
shown. If the director of revenue learns that any person 98
has failed to obtain a certificate within thirty days after 99
acquiring a motor vehicle or trailer, or where the motor 100
vehicle was acquired under section 301.213 or subsection 5 101
of section 301.210 and the applicant fails to make 102
application within thirty days after receiving title from 103
the dealer, or has sold a vehicle without obtaining a 104
certificate, he shall cancel the registration of all 105
vehicles registered in the name of the person, either as 106
sole owner or as a co-owner, and shall notify the person 107
that the cancellation will remain in force until the person 108
pays the delinquency penalty fee provided in this section, 109
together with all fees, charges and payments which the 110
person should have paid in connection with the certificate 111
of ownership and registration of the vehicle. The 112
certificate shall be good for the life of the motor vehicle 113
or trailer so long as the same is owned or held by the 114 SCS HCS HBs 799, 334, 41
424 & 1069
original holder of the certificate and shall not have to be 115
renewed annually. 116
6. Any applicant for a certificate of ownership 117
requesting the department of revenue to process an 118
application for a certificate of ownership in an expeditious 119
manner requiring special handling shall pay a fee of five 120
dollars in addition to the regular certificate of ownership 121
fee. 122
7. It is unlawful for any person to operate in this 123
state a motor vehicle or trailer required to be registered 124
under the provisions of the law unless a certificate of 125
ownership has been applied for as provided in this section. 126
8. Before an original Missouri certificate of 127
ownership is issued, an inspection of the vehicle and a 128
verification of vehicle identification numbers shall be made 129
by the Missouri state highway patrol on vehicles for which 130
there is a current title issued by another state if a 131
Missouri salvage certificate of title has been issued for 132
the same vehicle but no prior inspection and verification 133
has been made in this state, except that if such vehicle has 134
been inspected in another state by a law enforcement officer 135
in a manner comparable to the inspection process in this 136
state and the vehicle identification numbers have been so 137
verified, the applicant shall not be liable for the twenty- 138
five dollar inspection fee if such applicant submits proof 139
of inspection and vehicle identification number verification 140
to the director of revenue at the time of the application. 141
The applicant, who has such a title for a vehicle on which 142
no prior inspection and verification have been made, shall 143
pay a fee of twenty-five dollars for such verification and 144
inspection, payable to the director of revenue at the time 145
of the request for the application, which shall be deposited 146 SCS HCS HBs 799, 334, 42
424 & 1069
in the state treasury to the credit of the state highways 147
and transportation department fund. 148
9. Each application for an original Missouri 149
certificate of ownership for a vehicle which is classified 150
as a reconstructed motor vehicle, specially constructed 151
motor vehicle, kit vehicle, motor change vehicle, non-USA- 152
std motor vehicle, or other vehicle as required by the 153
director of revenue shall be accompanied by a vehicle 154
examination certificate issued by the Missouri state highway 155
patrol, or other law enforcement agency as authorized by the 156
director of revenue. The vehicle examination shall include 157
a verification of vehicle identification numbers and a 158
determination of the classification of the vehicle. The 159
owner of a vehicle which requires a vehicle examination 160
certificate shall present the vehicle for examination and 161
obtain a completed vehicle examination certificate prior to 162
submitting an application for a certificate of ownership to 163
the director of revenue. Notwithstanding any provision of 164
the law to the contrary, an owner presenting a motor vehicle 165
which has been issued a salvage title and which is ten years 166
of age or older to a vehicle examination described in this 167
subsection in order to obtain a certificate of ownership 168
with the designation prior salvage motor vehicle shall not 169
be required to repair or restore the vehicle to its original 170
appearance in order to pass or complete the vehicle 171
examination. The fee for the vehicle examination 172
application shall be twenty-five dollars and shall be 173
collected by the director of revenue at the time of the 174
request for the application and shall be deposited in the 175
state treasury to the credit of the state highways and 176
transportation department fund. If the vehicle is also to 177
be registered in Missouri, the safety inspection required in 178 SCS HCS HBs 799, 334, 43
424 & 1069
chapter 307 and the emissions inspection required under 179
chapter 643 shall be completed and the fees required by 180
section 307.365 and section 643.315 shall be charged to the 181
owner. 182
10. When an application is made for an original 183
Missouri certificate of ownership for a motor vehicle 184
previously registered or titled in a state other than 185
Missouri or as required by section 301.020, it shall be 186
accompanied by a current inspection form certified by a duly 187
authorized official inspection station as described in 188
chapter 307, except that such inspection may be completed by 189
an employee of a licensed new or used motor vehicle dealer 190
for a motor vehicle sold to a person who lives outside of 191
this state and intends to register the vehicle outside of 192
this state or for a motor vehicle having less than thirty 193
thousand miles for the three-year period following the model 194
year of manufacture. The completed form shall certify that 195
the manufacturer's identification number for the vehicle has 196
been inspected, that it is correctly displayed on the 197
vehicle and shall certify the reading shown on the odometer 198
at the time of inspection. The inspection station or, in 199
the case of a motor vehicle sold to a person who lives 200
outside of this state and intends to register the vehicle 201
outside of this state or a motor vehicle having less than 202
thirty thousand miles for the three-year period following 203
the model year of manufacture, the licensed new or used 204
motor vehicle dealer shall collect the same fee as 205
authorized in section 307.365 for making the inspection, and 206
the fee shall be deposited in the same manner as provided in 207
section 307.365. If the vehicle is also to be registered in 208
Missouri, the safety inspection required in chapter 307 and 209
the emissions inspection required under chapter 643 shall be 210 SCS HCS HBs 799, 334, 44
424 & 1069
completed and only the fees required by section 307.365 and 211
section 643.315 shall be charged to the owner. This section 212
shall not apply to vehicles being transferred on a 213
manufacturer's statement of origin. 214
11. Motor vehicles brought into this state in a 215
wrecked or damaged condition or after being towed as an 216
abandoned vehicle pursuant to another state's abandoned 217
motor vehicle procedures shall, in lieu of the inspection 218
required by subsection 10 of this section, be inspected by 219
the Missouri state highway patrol in accordance with 220
subsection 9 of this section. If the inspection reveals the 221
vehicle to be in a salvage or junk condition, the director 222
shall so indicate on any Missouri certificate of ownership 223
issued for such vehicle. Any salvage designation shall be 224
carried forward on all subsequently issued certificates of 225
title for the motor vehicle. 226
12. When an application is made for an original 227
Missouri certificate of ownership for a motor vehicle 228
previously registered or titled in a state other than 229
Missouri, and the certificate of ownership has been 230
appropriately designated by the issuing state as a 231
reconstructed motor vehicle, motor change vehicle, specially 232
constructed motor vehicle, or prior salvage vehicle, the 233
director of revenue shall appropriately designate on the 234
current Missouri and all subsequent issues of the 235
certificate of ownership the name of the issuing state and 236
such prior designation. The absence of any prior 237
designation shall not relieve a transferor of the duty to 238
exercise due diligence with regard to such certificate of 239
ownership prior to the transfer of a certificate. If a 240
transferor exercises any due diligence with regard to a 241
certificate of ownership, the legal transfer of a 242 SCS HCS HBs 799, 334, 45
424 & 1069
certificate of ownership without any designation that is 243
subsequently discovered to have or should have had a 244
designation shall be a transfer free and clear of any 245
liabilities of the transferor associated with the missing 246
designation. 247
13. When an application is made for an original 248
Missouri certificate of ownership for a motor vehicle 249
previously registered or titled in a state other than 250
Missouri, and the certificate of ownership has been 251
appropriately designated by the issuing state as non-USA-std 252
motor vehicle, the director of revenue shall appropriately 253
designate on the current Missouri and all subsequent issues 254
of the certificate of ownership the words "Non-USA-Std Motor 255
Vehicle". 256
14. The director of revenue and the superintendent of 257
the Missouri state highway patrol shall make and enforce 258
rules for the administration of the inspections required by 259
this section. 260
15. Each application for an original Missouri 261
certificate of ownership for a vehicle which is classified 262
as a reconstructed motor vehicle, manufactured forty or more 263
years prior to the current model year, and which has a value 264
of three thousand dollars or less shall be accompanied by: 265
(1) A proper affidavit submitted by the owner 266
explaining how the motor vehicle or trailer was acquired 267
and, if applicable, the reasons a valid certificate of 268
ownership cannot be furnished; 269
(2) Photocopies of receipts, bills of sale 270
establishing ownership, or titles, and the source of all 271
major component parts used to rebuild the vehicle; 272
(3) A fee of one hundred fifty dollars in addition to 273
the fees described in subsection 5 of this section. Such 274 SCS HCS HBs 799, 334, 46
424 & 1069
fee shall be deposited in the state treasury to the credit 275
of the state highways and transportation department fund; and 276
(4) An inspection certificate, other than a motor 277
vehicle examination certificate required under subsection 9 278
of this section, completed and issued by the Missouri state 279
highway patrol, or other law enforcement agency as 280
authorized by the director of revenue. The inspection 281
performed by the highway patrol or other authorized local 282
law enforcement agency shall include a check for stolen 283
vehicles. 284
The department of revenue shall issue the owner a 285
certificate of ownership designated with the words 286
"Reconstructed Motor Vehicle" and deliver such certificate 287
of ownership in accordance with the provisions of this 288
chapter. Notwithstanding subsection 9 of this section, no 289
owner of a reconstructed motor vehicle described in this 290
subsection shall be required to obtain a vehicle examination 291
certificate issued by the Missouri state highway patrol. 292
301.448. Any person who has served and was honorably 1
discharged or currently serves in [any branch of the United 2
States Armed Forces] the United States Army, Marine Corps, 3
Navy, Air Force, Space Force, Coast Guard, or National 4
Guard, or in the reserves for any such branch, [the United 5
States Coast Guard or reserve,] the United States Merchant 6
Marines or reserve, or the Missouri National Guard, or any 7
subdivision of any of such services or a member of the 8
United States Marine Corps League may apply for special 9
motor vehicle license plates, either solely or jointly, for 10
issuance either to passenger motor vehicles subject to the 11
registration fees provided in section 301.055, or to 12
nonlocal property-carrying commercial motor vehicles 13 SCS HCS HBs 799, 334, 47
424 & 1069
licensed for a gross weight of six thousand pounds up 14
through and including twenty-four thousand pounds as 15
provided in section 301.057. Any such person shall make 16
application for the special license plates on a form 17
provided by the director of revenue and furnish such proof 18
that such person is a member or former member of any such 19
branch of service as the director may require. Upon 20
presentation of the proof of eligibility and annual payment 21
of the fee required for personalized license plates in 22
section 301.144, and other fees and documents which may be 23
required by law, the department shall issue personalized 24
license plates which shall bear the seal, logo or emblem, 25
along with a word or words designating the branch or 26
subdivision of such service for which the person applies. 27
All seals, logos, emblems or special symbols shall become an 28
integral part of the license plate; however, no plate shall 29
contain more than one seal, logo, emblem or special symbol 30
and the design of such plates shall be approved by the 31
advisory committee established in section 301.129 and by the 32
branch or subdivision of such service or the Marine Corps 33
League prior to issuing such plates. The plates shall have 34
a white background with a blue and red configuration at the 35
discretion of the advisory committee established in section 36
301.129. The plates shall be clearly visible at night and 37
shall be aesthetically attractive, as prescribed by section 38
301.130. The bidding process used to select a vendor for 39
the material to manufacture the license plates authorized by 40
this section shall consider the aesthetic appearance of the 41
plate. The director of revenue shall make necessary rules 42
and regulations for the enforcement of this section, and 43
shall design all necessary forms. All license plates issued 44
under this provision must be renewed in accordance with 45 SCS HCS HBs 799, 334, 48
424 & 1069
law. License plates issued under the provisions of this 46
section shall not be transferable to any other person, 47
except that any registered co-owner of the motor vehicle 48
shall be entitled to operate the motor vehicle for the 49
duration of the year licensed, in the event of the death of 50
the qualified applicant. 51
301.469. 1. Any vehicle owner may receive license 1
plates as prescribed in this section, for any motor vehicle 2
such person owns, either solely or jointly, other than an 3
apportioned motor vehicle or a commercial motor vehicle 4
licensed in excess of twenty-four thousand pounds gross 5
weight, after an annual payment of an emblem-use 6
authorization fee to the Missouri conservation heritage 7
foundation. The foundation hereby authorizes the use of its 8
official emblems to be affixed on multiyear license plates 9
as provided in this section. Any vehicle owner may annually 10
apply for the use of the emblems. 11
2. Upon annual application and payment of a twenty- 12
five dollar emblem-use authorization fee to the Missouri 13
conservation heritage foundation, the foundation shall issue 14
to the vehicle owner, without further charge, an emblem-use 15
authorization statement, which shall be presented to the 16
director of the department of revenue at the time of 17
registration of a motor vehicle. 18
3. Upon presentation of the annual statement, payment 19
of a fifteen dollar fee in addition to the regular 20
registration fees and documents which may be required by 21
law, the director of the department of revenue shall issue a 22
license plate, which shall bear an emblem of the Missouri 23
conservation heritage foundation in a form prescribed by the 24
director, to the vehicle owner. Such license plates shall 25
be made with fully reflective material with a common color 26 SCS HCS HBs 799, 334, 49
424 & 1069
scheme and design, shall be clearly visible at night, and 27
shall be aesthetically attractive, as prescribed by section 28
301.130. Notwithstanding the provisions of section 301.144, 29
no additional fee shall be charged for the personalization 30
of license plates pursuant to this section. 31
4. Application for the emblem-use authorization and 32
payment of the twenty-five-dollar contribution may also be 33
made at the time of registration to the director of the 34
department of revenue, who shall deposit the contribution to 35
the credit of the Missouri conservation heritage foundation. 36
5. A vehicle owner, who was previously issued a plate 37
with a Missouri conservation heritage foundation emblem 38
authorized by this section but who does not provide an 39
emblem-use authorization statement at a subsequent time of 40
registration, shall be issued a new plate which does not 41
bear the foundation emblem, as otherwise provided by law. 42
[5.] 6. The director of the department of revenue may 43
promulgate rules and regulations for the administration of 44
this section. Any rule or portion of a rule, as that term 45
is defined in section 536.010, that is promulgated under the 46
authority delegated in this section shall become effective 47
only if it has been promulgated pursuant to the provisions 48
of chapter 536. All rulemaking authority delegated prior to 49
August 28, 1999, is of no force and effect; however, nothing 50
in this section shall be interpreted to repeal or affect the 51
validity of any rule filed or adopted prior to August 28, 52
1999, if it fully complied with the provisions of chapter 53
536. This section and chapter 536 are nonseverable and if 54
any of the powers vested with the general assembly pursuant 55
to chapter 536 to review, to delay the effective date, or to 56
disapprove and annul a rule are subsequently held 57
unconstitutional, then the grant of rulemaking authority and 58 SCS HCS HBs 799, 334, 50
424 & 1069
any rule proposed or adopted after August 28, 1999, shall be 59
invalid and void. 60
301.558. 1. A motor vehicle dealer, trailer dealer, 1
boat dealer, or powersport dealer may fill in the blanks on 2
standardized forms in connection with the sale or lease of a 3
new or used motor vehicle, trailer, vessel, or vessel 4
trailer if the motor vehicle dealer, trailer dealer, boat 5
dealer, or powersport dealer does not charge for the 6
services of filling in the blanks or otherwise charge for 7
preparing documents. 8
2. A motor vehicle dealer, trailer dealer, boat 9
dealer, or powersport dealer may charge an administrative 10
fee in connection with the sale or lease of a new or used 11
motor vehicle, trailer, vessel, or vessel trailer for the 12
storage of documents or any other administrative or clerical 13
services not prohibited by this section. A portion of the 14
administrative fee may result in profit to the motor vehicle 15
dealer, trailer dealer, boat dealer, or powersport dealer. 16
3. (1) Ten percent of any fee authorized under this 17
section and charged by motor vehicle dealers or trailer 18
dealers shall be remitted to the motor vehicle 19
administration technology fund established in this 20
subsection, for the development of the system specified in 21
this subsection. Following the development of the system 22
specified in this subsection, the director of the department 23
of revenue shall notify motor vehicle dealers and trailer 24
dealers, and implement the system, and the percentage of any 25
fee authorized under this section required to be remitted to 26
the fund shall be reduced to [one] three and one-half 27
percent, which shall be used for maintenance of the system. 28
This subsection shall expire on January 1, 2037. 29 SCS HCS HBs 799, 334, 51
424 & 1069
(2) There is hereby created in the state treasury the 30
"Motor Vehicle Administration Technology Fund", which shall 31
consist of money collected as specified in this subsection. 32
The state treasurer shall be custodian of the fund. In 33
accordance with sections 30.170 and 30.180, the state 34
treasurer may approve disbursements. The fund shall be a 35
dedicated fund and money in the fund shall be used solely by 36
the department of revenue for the purpose of development and 37
maintenance of a modernized, integrated system for the 38
titling of vehicles, issuance and renewal of vehicle 39
registrations, issuance and renewal of driver's licenses and 40
identification cards, and perfection and release of liens 41
and encumbrances on vehicles. 42
(3) Notwithstanding the provisions of section 33.080 43
to the contrary, any moneys remaining in the fund at the end 44
of the biennium shall not revert to the credit of the 45
general revenue fund. 46
(4) The state treasurer shall invest moneys in the 47
fund in the same manner as other funds are invested. Any 48
interest and moneys earned on such investments shall be 49
credited to the fund. 50
4. No motor vehicle dealer, trailer dealer, boat 51
dealer, or powersport dealer that sells or leases new or 52
used motor vehicles, trailers, vessels, or vessel trailers 53
and imposes an administrative fee of five hundred dollars or 54
less in connection with the sale or lease of a new or used 55
motor vehicle, trailer, vessel, or vessel trailer for the 56
storage of documents or any other administrative or clerical 57
services shall be deemed to be engaging in the unauthorized 58
practice of law. The maximum administrative fee permitted 59
under this subsection shall be increased annually by an 60
amount equal to the percentage change in the annual average 61 SCS HCS HBs 799, 334, 52
424 & 1069
of the Consumer Price Index for All Urban Consumers or its 62
successor index, as reported by the federal Bureau of Labor 63
Statistics or its successor agency, or by zero, whichever is 64
greater. The director of the department of revenue shall 65
annually furnish the maximum administrative fee determined 66
under this section to the secretary of state, who shall 67
publish such value in the Missouri Register as soon as 68
practicable after January fourteenth of each year. 69
5. If an administrative fee is charged under this 70
section, the same administrative fee shall be charged to all 71
retail customers unless the fee is limited by the dealer's 72
franchise agreement to certain classes of customers. The 73
fee shall be disclosed on the retail buyer's order form as a 74
separate itemized charge. 75
6. A preliminary worksheet on which a sale price is 76
computed and that is shown to the purchaser, a retail 77
buyer's order form from the purchaser, or a retail 78
installment contract shall include, in reasonable proximity 79
to the place on the document where the administrative fee 80
authorized by this section is disclosed, the amount of the 81
administrative fee and the following notice in type that is 82
boldfaced, capitalized, underlined, or otherwise 83
conspicuously set out from the surrounding written material: 84
"AN ADMINISTRATIVE FEE IS NOT AN OFFICIAL FEE 85
AND IS NOT REQUIRED BY LAW BUT MAY BE CHARGED BY 86
A DEALER. THIS ADMINISTRATIVE FEE MAY RESULT IN 87
A PROFIT TO DEALER. NO PORTION OF THIS 88
ADMINISTRATIVE FEE IS FOR THE DRAFTING, 89
PREPARATION, OR COMPLETION OF DOCUMENTS OR THE 90
PROVIDING OF LEGAL ADVICE. THIS NOTICE IS 91
REQUIRED BY LAW.". 92 SCS HCS HBs 799, 334, 53
424 & 1069
7. The general assembly believes that an 93
administrative fee charged in compliance with this section 94
is not the unauthorized practice of law or the unauthorized 95
business of law so long as the activity or service for which 96
the fee is charged is in compliance with the provisions of 97
this section and does not result in the waiver of any rights 98
or remedies. Recognizing, however, that the judiciary is 99
the sole arbitrator of what constitutes the practice of law, 100
in the event that a court determines that an administrative 101
fee charged in compliance with this section, and that does 102
not waive any rights or remedies of the buyer, is the 103
unauthorized practice of law or the unauthorized business of 104
law, then no person who paid that administrative fee may 105
recover said fee or treble damages, as permitted under 106
section 484.020, and no person who charged that fee shall be 107
guilty of a misdemeanor, as provided under section 484.020. 108
301.560. 1. In addition to the application forms 1
prescribed by the department, each applicant shall submit 2
the following to the department: 3
(1) Every application other than a renewal application 4
for a new motor vehicle franchise dealer shall include a 5
certification that the applicant has a bona fide established 6
place of business. Such application shall include an annual 7
certification that the applicant has a bona fide established 8
place of business for the first three years and only for 9
every other year thereafter. The certification shall be 10
performed by a uniformed member of the Missouri state 11
highway patrol or authorized or designated employee 12
stationed in the troop area in which the applicant's place 13
of business is located; except that in counties of the first 14
classification, certification may be performed by an officer 15
of a metropolitan police department when the applicant's 16 SCS HCS HBs 799, 334, 54
424 & 1069
established place of business of distributing or selling 17
motor vehicles or trailers is in the metropolitan area where 18
the certifying metropolitan police officer is employed. 19
When the application is being made for licensure as a boat 20
manufacturer or boat dealer, certification shall be 21
performed by a uniformed member of the Missouri state 22
highway patrol or authorized or designated employee 23
stationed in the troop area in which the applicant's place 24
of business is located or, if the applicant's place of 25
business is located within the jurisdiction of a 26
metropolitan police department in a first class county, by 27
an officer of such metropolitan police department. A bona 28
fide established place of business for any new motor vehicle 29
franchise dealer, used motor vehicle dealer, boat dealer, 30
powersport dealer, wholesale motor vehicle dealer, trailer 31
dealer, or wholesale or public auction shall be a permanent 32
enclosed building or structure, either owned in fee or 33
leased and actually occupied as a place of business by the 34
applicant for the selling, bartering, trading, servicing, or 35
exchanging of motor vehicles, boats, personal watercraft, or 36
trailers and wherein the public may contact the owner or 37
operator at any reasonable time, and wherein shall be kept 38
and maintained the books, records, files and other matters 39
required and necessary to conduct the business. The 40
applicant shall maintain a working telephone number during 41
the entire registration year which will allow the public, 42
the department, and law enforcement to contact the applicant 43
during regular business hours. The applicant shall also 44
maintain an email address during the entire registration 45
year which may be used for official correspondence with the 46
department. In order to qualify as a bona fide established 47
place of business for all applicants licensed pursuant to 48 SCS HCS HBs 799, 334, 55
424 & 1069
this section there shall be an exterior sign displayed 49
carrying the name of the business set forth in letters at 50
least six inches in height and clearly visible to the public 51
and there shall be an area or lot which shall not be a 52
public street on which multiple vehicles, boats, personal 53
watercraft, or trailers may be displayed. The sign shall 54
contain the name of the dealership by which it is known to 55
the public through advertising or otherwise, which need not 56
be identical to the name appearing on the dealership's 57
license so long as such name is registered as a fictitious 58
name with the secretary of state, has been approved by its 59
line-make manufacturer in writing in the case of a new motor 60
vehicle franchise dealer and a copy of such fictitious name 61
registration has been provided to the department. Dealers 62
who sell only emergency vehicles as defined in section 63
301.550 are exempt from maintaining a bona fide place of 64
business, including the related law enforcement 65
certification requirements, and from meeting the minimum 66
yearly sales; 67
(2) The initial application for licensure shall 68
include a photograph, not to exceed eight inches by ten 69
inches but no less than five inches by seven inches, showing 70
the business building, lot, and sign. A new motor vehicle 71
franchise dealer applicant who has purchased a currently 72
licensed new motor vehicle franchised dealership shall be 73
allowed to submit a photograph of the existing dealership 74
building, lot and sign but shall be required to submit a new 75
photograph upon the installation of the new dealership sign 76
as required by sections 301.550 to 301.580. Applicants 77
shall not be required to submit a photograph annually unless 78
the business has moved from its previously licensed 79 SCS HCS HBs 799, 334, 56
424 & 1069
location, or unless the name of the business or address has 80
changed, or unless the class of business has changed; 81
(3) Every applicant as a new motor vehicle franchise 82
dealer, a used motor vehicle dealer, a powersport dealer, a 83
wholesale motor vehicle dealer, trailer dealer, or boat 84
dealer shall furnish with the application a corporate surety 85
bond or an irrevocable letter of credit as defined in 86
section 400.5-102, issued by any state or federal financial 87
institution in the penal sum of fifty thousand dollars on a 88
form approved by the department. The bond or irrevocable 89
letter of credit shall be conditioned upon the dealer 90
complying with the provisions of the statutes applicable to 91
new motor vehicle franchise dealers, used motor vehicle 92
dealers, powersport dealers, wholesale motor vehicle 93
dealers, trailer dealers, and boat dealers, and the bond 94
shall be an indemnity for any loss sustained by reason of 95
the acts of the person bonded when such acts constitute 96
grounds for the suspension or revocation of the dealer's 97
license. The bond shall be executed in the name of the 98
state of Missouri for the benefit of all aggrieved parties 99
or the irrevocable letter of credit shall name the state of 100
Missouri as the beneficiary; except, that the aggregate 101
liability of the surety or financial institution to the 102
aggrieved parties shall, in no event, exceed the amount of 103
the bond or irrevocable letter of credit. Additionally, 104
every applicant as a new motor vehicle franchise dealer, a 105
used motor vehicle dealer, a powersport dealer, a wholesale 106
motor vehicle dealer, or boat dealer shall furnish with the 107
application a copy of a current dealer garage policy bearing 108
the policy number and name of the insurer and the insured. 109
The proceeds of the bond or irrevocable letter of credit 110
furnished by an applicant shall be paid upon receipt by the 111 SCS HCS HBs 799, 334, 57
424 & 1069
department of a final judgment from a Missouri court of 112
competent jurisdiction against the principal and in favor of 113
an aggrieved party. The proceeds of the bond or irrevocable 114
letter of credit furnished by an applicant shall be paid at 115
the order of the department and in the amount determined by 116
the department to any buyer or interested lienholder up to 117
the greater of the amount required for the release of the 118
purchase money lien or the sales price paid by the buyer 119
where a dealer has failed to fulfill the dealer's 120
obligations under an agreement to assign and deliver title 121
to the buyer within thirty days under a contract entered 122
into pursuant to subsection 5 of section 301.210. The 123
department shall direct release of the bond or irrevocable 124
letter of credit proceeds upon presentation of a written 125
agreement entered into pursuant to subsection 5 of section 126
301.210, copies of the associated sales and finance 127
documents, and the affidavit or affidavits of the buyer or 128
lienholder stating that the certificate of title with 129
assignment thereof has not been passed to the buyer within 130
thirty days of the date of the contract entered into under 131
subsection 5 of section 301.210, that the dealer has not 132
fulfilled the agreement under the contract to repurchase the 133
vehicle, that the buyer or the lienholder has notified the 134
dealer of the claim on the bond or letter of credit, and the 135
amount claimed by the purchaser or lienholder. In addition, 136
prior to directing release and payment of the proceeds of a 137
bond or irrevocable letter of credit, the department shall 138
ensure that there is satisfactory evidence to establish that 139
the vehicle which is subject to the written agreement has 140
been returned by the buyer to the dealer or that the buyer 141
has represented to the department that the buyer will 142
surrender possession of the vehicle to the dealer upon 143 SCS HCS HBs 799, 334, 58
424 & 1069
payment of the proceeds of the bond or letter of credit 144
directed by the department. Excepting ordinary wear and 145
tear or mechanical failures not caused by the buyer, the 146
amount of proceeds to be paid to the buyer under the bond or 147
irrevocable letter of credit shall be reduced by an amount 148
equivalent to any damage, abuse, or destruction incurred by 149
the vehicle while the vehicle was in the buyer's possession 150
as agreed between the buyer and the dealer. The dealer may 151
apply to a court of competent jurisdiction to contest the 152
claim on the bond or letter of credit, including the amount 153
of the claim and the amount of any adjustment for any 154
damage, abuse, or destruction, by filing a petition with the 155
court within thirty days of the notification by the buyer or 156
lienholder. If the dealer does not fulfill the agreement or 157
file a petition to request judicial relief from the terms of 158
the agreement or contest the amount of the claim, the bond 159
or letter of credit shall be released by the department and 160
directed paid in the amount or amounts presented by the 161
lienholder or buyer; 162
(4) Payment of all necessary license fees as 163
established by the department. In establishing the amount 164
of the annual license fees, the department shall, as near as 165
possible, produce sufficient total income to offset 166
operational expenses of the department relating to the 167
administration of sections 301.550 to 301.580. All fees 168
payable pursuant to the provisions of sections 301.550 to 169
301.580[, other than those fees collected for the issuance 170
of dealer plates or certificates of number collected 171
pursuant to subsection 6 of this section,] shall be 172
collected by the department for deposit in the state 173
treasury to the credit of the "Motor Vehicle Commission 174
Fund", which is hereby created. The motor vehicle 175 SCS HCS HBs 799, 334, 59
424 & 1069
commission fund shall be administered by the Missouri 176
department of revenue. The provisions of section 33.080 to 177
the contrary notwithstanding, money in such fund shall not 178
be transferred and placed to the credit of the general 179
revenue fund until the amount in the motor vehicle 180
commission fund at the end of the biennium exceeds two times 181
the amount of the appropriation from such fund for the 182
preceding fiscal year or, if the department requires permit 183
renewal less frequently than yearly, then three times the 184
appropriation from such fund for the preceding fiscal year. 185
The amount, if any, in the fund which shall lapse is that 186
amount in the fund which exceeds the multiple of the 187
appropriation from such fund for the preceding fiscal year. 188
2. In the event a new vehicle manufacturer, boat 189
manufacturer, motor vehicle dealer, wholesale motor vehicle 190
dealer, boat dealer, powersport dealer, wholesale motor 191
vehicle auction, trailer dealer, or a public motor vehicle 192
auction submits an application for a license for a new 193
business and the applicant has complied with all the 194
provisions of this section, the department shall make a 195
decision to grant or deny the license to the applicant 196
within eight working hours after receipt of the dealer's 197
application, notwithstanding any rule of the department. 198
3. Except as otherwise provided in subsection 6 of 199
this section, upon the initial issuance of a license by the 200
department, the department shall assign a distinctive dealer 201
license number or certificate of number to the applicant and 202
the department shall issue one number plate or certificate 203
bearing the distinctive dealer license number or certificate 204
of number and two additional number plates or certificates 205
of number within eight working hours after presentment of 206
the application and payment by the applicant of a fee of 207 SCS HCS HBs 799, 334, 60
424 & 1069
fifty dollars for the first plate or certificate and ten 208
dollars and fifty cents for each additional plate or 209
certificate. Upon renewal, the department shall issue [the 210
distinctive dealer license number or certificate of number] 211
a renewal tab to be placed on the lower right corner of the 212
plate or certificate as quickly as possible. The fee for 213
the tabs shall be twenty-five dollars for the first tab and 214
six dollars for each additional tab. The issuance of such 215
distinctive dealer license number or certificate of number, 216
and tab or tabs, shall be in lieu of registering each motor 217
vehicle, trailer, vessel or vessel trailer dealt with by a 218
boat dealer, boat manufacturer, manufacturer, public motor 219
vehicle auction, wholesale motor vehicle dealer, wholesale 220
motor vehicle auction or new or used motor vehicle dealer. 221
The license plates described in this section shall be made 222
with fully reflective material with a common color scheme 223
and design, shall be clearly visible at night, and shall be 224
aesthetically attractive, as prescribed by section 301.130. 225
4. Notwithstanding any other provision of the law to 226
the contrary, the department shall assign the following 227
distinctive dealer license numbers to: 228
229
230
New motor vehicle franchise
dealers
D-0 through D-999
231 New powersport dealers D-1000 through D-1999
232
233
Used motor vehicle and used
powersport dealers
D-2000 through D-9999
234 Wholesale motor vehicle dealers W-0 through W-1999
235
236
Wholesale motor vehicle auctions WA-0 through WA-999
237 New and used trailer dealers T-0 through T-9999
238
239
Motor vehicle, trailer, and boat
manufacturers
DM-0 through DM-999 SCS HCS HBs 799, 334, 61
424 & 1069
For purposes of this subsection, qualified transactions 244
shall include the purchase of salvage titled vehicles by a 245
licensed salvage dealer. A used motor vehicle dealer who 246
also holds a salvage dealer's license shall be allowed one 247
additional plate or certificate number per fifty-unit 248
qualified transactions annually. In order for salvage 249
dealers to obtain number plates or certificates under this 250
section, dealers shall submit to the department of revenue 251
on August first of each year a statement certifying, under 252
penalty of perjury, the dealer's number of purchases during 253
the reporting period of July first of the immediately 254
preceding year to June thirtieth of the present year. The 255
provisions of this subsection shall become effective on the 256
date the director of the department of revenue begins to 257
reissue new license plates under section 301.130, or on 258
December 1, 2008, whichever occurs first. If the director 259
of revenue begins reissuing new license plates under the 260
authority granted under section 301.130 prior to December 1, 261
2008, the director of the department of revenue shall notify 262
the revisor of statutes of such fact. 263
5. Upon the sale of a currently licensed motor vehicle 264
dealership the department shall, upon request, authorize the 265
new approved dealer applicant to retain the selling dealer's 266
license number and shall cause the new dealer's records to 267
indicate such transfer. If the new approved dealer 268
applicant elects not to retain the selling dealer's license 269
240 Public motor vehicle auctions A-0 through A-1999
241 Boat dealers M-0 through M-9999
242
243
New and used recreational motor
vehicle dealers
RV-0 through RV-999 SCS HCS HBs 799, 334, 62
424 & 1069
number, the department shall issue the new dealer applicant 270
a new dealer's license number and an equal number of plates 271
or certificates as the department had issued to the selling 272
dealer. 273
6. In the case of motor vehicle dealers, the 274
department shall issue one number plate bearing the 275
distinctive dealer license number and may issue one 276
additional number plate to the applicant upon payment by the 277
dealer of a fifty dollar fee for the number plate bearing 278
the distinctive dealer license number and ten dollars and 279
fifty cents for the additional number plate. The department 280
may issue a third plate to the motor vehicle dealer upon 281
completion of the dealer's fifteenth qualified transaction 282
and payment of a fee of ten dollars and fifty cents. In the 283
case of new motor vehicle manufacturers, powersport dealers, 284
recreational motor vehicle dealers, and trailer dealers, the 285
department shall issue one number plate bearing the 286
distinctive dealer license number and may issue two 287
additional number plates to the applicant upon payment by 288
the manufacturer or dealer of a fifty dollar fee for the 289
number plate bearing the distinctive dealer license number 290
and ten dollars and fifty cents for each additional number 291
plate. Boat dealers and boat manufacturers shall be 292
entitled to one certificate of number bearing such number 293
upon the payment of a fifty dollar fee. Additional number 294
plates and as many additional certificates of number may be 295
obtained upon payment of a fee of ten dollars and fifty 296
cents for each additional plate or certificate. New motor 297
vehicle manufacturers shall not be issued or possess more 298
than three hundred forty-seven additional number plates or 299
certificates of number annually. New and used motor vehicle 300
dealers, powersport dealers, wholesale motor vehicle 301 SCS HCS HBs 799, 334, 63
424 & 1069
dealers, boat dealers, and trailer dealers are limited to 302
one additional plate or certificate of number per ten-unit 303
qualified transactions annually. New and used recreational 304
motor vehicle dealers are limited to two additional plates 305
or certificate of number per ten-unit qualified transactions 306
annually for their first fifty transactions and one 307
additional plate or certificate of number per ten-unit 308
qualified transactions thereafter. An applicant seeking the 309
issuance of an initial license shall indicate on his or her 310
initial application the applicant's proposed annual number 311
of sales in order for the director to issue the appropriate 312
number of additional plates or certificates of number. A 313
motor vehicle dealer, trailer dealer, boat dealer, 314
powersport dealer, recreational motor vehicle dealer, motor 315
vehicle manufacturer, boat manufacturer, or wholesale motor 316
vehicle dealer obtaining a distinctive dealer license plate 317
or certificate of number or additional license plate or 318
additional certificate of number, throughout the calendar 319
year, shall be required to pay a fee for such license plates 320
or certificates of number computed on the basis of one- 321
twelfth of the full fee prescribed for the original and 322
duplicate number plates or certificates of number for such 323
dealers' licenses, multiplied by the number of months 324
remaining in the licensing period for which the dealer or 325
manufacturers shall be required to be licensed. In the 326
event of a renewing dealer, the fee due at the time of 327
renewal shall not be prorated. Wholesale and public 328
auctions shall be issued a certificate of dealer 329
registration in lieu of a dealer number plate. In order for 330
dealers to obtain number plates or certificates under this 331
section, dealers shall submit to the department of revenue 332
on August first of each year a statement certifying, under 333 SCS HCS HBs 799, 334, 64
424 & 1069
penalty of perjury, the dealer's number of sales during the 334
reporting period of July first of the immediately preceding 335
year to June thirtieth of the present year. 336
7. The plates issued pursuant to subsection 3 or 6 of 337
this section may be displayed on any motor vehicle owned by 338
a new motor vehicle manufacturer. The plates issued 339
pursuant to subsection 3 or 6 of this section may be 340
displayed on any motor vehicle or trailer owned and held for 341
resale by a motor vehicle dealer for use by a customer who 342
is test driving the motor vehicle, for use by any customer 343
while the customer's vehicle is being serviced or repaired 344
by the motor vehicle dealer, for use and display purposes 345
during, but not limited to, parades, private events, 346
charitable events, or for use by an employee or officer, but 347
shall not be displayed on any motor vehicle or trailer hired 348
or loaned to others or upon any regularly used service or 349
wrecker vehicle. Motor vehicle dealers may display their 350
dealer plates on a tractor, truck or trailer to demonstrate 351
a vehicle under a loaded condition. Trailer dealers may 352
display their dealer license plates in like manner, except 353
such plates may only be displayed on trailers owned and held 354
for resale by the trailer dealer. 355
8. The certificates of number issued pursuant to 356
subsection 3 or 6 of this section may be displayed on any 357
vessel or vessel trailer owned and held for resale by a boat 358
manufacturer or a boat dealer, and used by a customer who is 359
test driving the vessel or vessel trailer, or is used by an 360
employee or officer on a vessel or vessel trailer only, but 361
shall not be displayed on any motor vehicle owned by a boat 362
manufacturer, boat dealer, or trailer dealer, or vessel or 363
vessel trailer hired or loaned to others or upon any 364
regularly used service vessel or vessel trailer. Boat 365 SCS HCS HBs 799, 334, 65
424 & 1069
dealers and boat manufacturers may display their certificate 366
of number on a vessel or vessel trailer when transporting a 367
vessel or vessels to an exhibit or show. 368
9. If any law enforcement officer has probable cause 369
to believe that any license plate or certificate of number 370
issued under subsection 3 or 6 of this section is being 371
misused in violation of subsection 7 or 8 of this section, 372
the license plate or certificate of number may be seized and 373
surrendered to the department. 374
10. (1) Every application for the issuance of a used 375
motor vehicle dealer's license shall be accompanied by proof 376
that the applicant, within the last twelve months, has 377
completed an educational seminar course approved by the 378
department as prescribed by subdivision (2) of this 379
subsection. Wholesale and public auto auctions and 380
applicants currently holding a new or used license for a 381
separate dealership shall be exempt from the requirements of 382
this subsection. The provisions of this subsection shall 383
not apply to current new motor vehicle franchise dealers or 384
motor vehicle leasing agencies or applicants for a new motor 385
vehicle franchise or a motor vehicle leasing agency. The 386
provisions of this subsection shall not apply to used motor 387
vehicle dealers who were licensed prior to August 28, 2006. 388
(2) The educational seminar shall include, but is not 389
limited to, the dealer requirements of sections 301.550 to 390
301.580, the rules promulgated to implement, enforce, and 391
administer sections 301.550 to 301.580, and any other rules 392
and regulations promulgated by the department. 393
301.570. 1. It shall be unlawful for any person, 1
partnership, corporation, company or association, unless the 2
seller is a financial institution, or is selling repossessed 3
motor vehicles or is disposing of vehicles used and titled 4 SCS HCS HBs 799, 334, 66
424 & 1069
solely in its ordinary course of business or is a collector 5
of antique motor vehicles, to sell or display with an intent 6
to sell [six] eight or more motor vehicles in a calendar 7
year, except when such motor vehicles are registered in the 8
name of the seller, unless such person, partnership, 9
corporation, company or association is: 10
(1) Licensed as a motor vehicle dealer by the 11
department under the provisions of sections 301.550 to 12
301.580; 13
(2) Exempt from licensure as a motor vehicle dealer 14
pursuant to subsection 4 of section 301.559; 15
(3) Selling commercial motor vehicles with a gross 16
weight of at least nineteen thousand five hundred pounds, 17
but only with respect to such commercial motor vehicles; 18
(4) An auctioneer, acting at the request of the owner 19
at an auction, when such auction is not a public motor 20
vehicle auction. 21
2. Any person, partnership, corporation, company or 22
association that has reason to believe that the provisions 23
of this section are being violated shall file a complaint 24
with the prosecuting attorney in the county in which the 25
violation occurred. The prosecuting attorney shall 26
investigate the complaint and take appropriate action. 27
3. For the purposes of sections 301.550 to 301.580, 28
the sale, barter, exchange, lease or rental with option to 29
purchase of [six] eight or more motor vehicles in a calendar 30
year by any person, partnership, corporation, company or 31
association, whether or not the motor vehicles are owned by 32
them, shall be prima facie evidence of intent to make a 33
profit or gain of money and such person, partnership, 34
corporation, company or association shall be deemed to be 35
acting as a motor vehicle dealer without a license. 36 SCS HCS HBs 799, 334, 67
424 & 1069
4. Any person, partnership, corporation, company or 37
association who violates subsection 1 of this section is 38
guilty of a class A misdemeanor. A second or subsequent 39
conviction shall be deemed a class E felony. 40
5. The provisions of this section shall not apply to 41
liquidation of an estate. 42
301.3181. Any person who served as a member of the 1
Armed Forces of the United States in Afghanistan and Iraq, 2
who was awarded the Afghanistan Campaign medal and the Iraq 3
Campaign medal, may apply for Afghanistan and Iraq Veteran 4
vehicle license plates, for any motor vehicle the person 5
owns, either solely or jointly, other than an apportioned 6
motor vehicle or a commercial motor vehicle licensed in 7
excess of twenty-four thousand pounds gross weight. Any 8
such person shall make application for the license plates 9
authorized by this section on a form provided by the 10
director of revenue and furnish such proof of service in 11
Afghanistan and Iraq, the awarding of the Afghanistan 12
Campaign medal and the Iraq Campaign medal, and status as 13
currently serving in a branch of the Armed Forces of the 14
United States or as an honorably discharged veteran as the 15
director may require. Upon presentation of the proof of 16
eligibility, payment of a fifteen-dollar fee in addition to 17
the regular registration fees, and presentation of documents 18
that may be required by law, the director shall then issue 19
license plates bearing letters or numbers or a combination 20
thereof as determined by the director, with the words 21
"AFGHANISTAN & IRAQ VETERAN" in place of the words "SHOW-ME 22
STATE". Such plates shall bear the Afghanistan Campaign 23
medal and the Iraq Campaign medal on the left side, with the 24
Afghanistan Campaign medal appearing farthest to the left 25
and the Iraq Campaign medal appearing immediately to the 26 SCS HCS HBs 799, 334, 68
424 & 1069
right of the Afghanistan Campaign medal. Notwithstanding 27
the provisions of section 301.144 to the contrary, no 28
additional fee shall be charged for the personalization of 29
license plates issued pursuant to this section. The plates 30
shall be clearly visible at night and shall be aesthetically 31
attractive, as prescribed by section 301.130. There shall 32
be no limit on the number of license plates any person 33
qualified pursuant to this section may obtain so long as 34
each set of license plates issued pursuant to this section 35
is issued for a vehicle owned solely or jointly by such 36
person. License plates issued pursuant to this section 37
shall not be transferable to any other person except that 38
any registered co-owner of the motor vehicle may operate the 39
motor vehicle for the duration of the year licensed in the 40
event of the death of the qualified person. 41
301.3182. Any person who served as a member of the 1
Armed Forces of the United States in Afghanistan, who was 2
awarded the Afghanistan Campaign medal, may apply for 3
Afghanistan Veteran vehicle license plates, for any motor 4
vehicle the person owns, either solely or jointly, other 5
than an apportioned motor vehicle or a commercial motor 6
vehicle licensed in excess of twenty-four thousand pounds 7
gross weight. Any such person shall make application for 8
the license plates authorized by this section on a form 9
provided by the director of revenue and furnish such proof 10
of service in Afghanistan, the awarding of the Afghanistan 11
Campaign medal, and status as currently serving in a branch 12
of the Armed Forces of the United States or as an honorably 13
discharged veteran as the director may require. Upon 14
presentation of the proof of eligibility, payment of a 15
fifteen-dollar fee in addition to the regular registration 16
fees, and presentation of documents that may be required by 17 SCS HCS HBs 799, 334, 69
424 & 1069
law, the director shall then issue license plates bearing 18
letters or numbers or a combination thereof as determined by 19
the director, with the words "AFGHANISTAN VETERAN" in place 20
of the words "SHOW-ME STATE". Such plates shall bear the 21
Afghanistan Campaign medal on the left side. 22
Notwithstanding the provisions of section 301.144 to the 23
contrary, no additional fee shall be charged for the 24
personalization of license plates issued pursuant to this 25
section. The plates shall be clearly visible at night and 26
shall be aesthetically attractive, as prescribed by section 27
301.130. There shall be no limit on the number of license 28
plates any person qualified pursuant to this section may 29
obtain so long as each set of license plates issued pursuant 30
to this section is issued for a vehicle owned solely or 31
jointly by such person. License plates issued pursuant to 32
this section shall not be transferable to any other person 33
except that any registered co-owner of the motor vehicle may 34
operate the motor vehicle for the duration of the year 35
licensed in the event of the death of the qualified person. 36
307.350. 1. The owner of every motor vehicle as 1
defined in section 301.010 which is required to be 2
registered in this state, except: 3
(1) Motor vehicles having less than one hundred fifty 4
thousand miles[, for the ten-year period following their 5
model year of manufacture] and of model year 2012 or newer, 6
excluding prior salvage vehicles immediately following a 7
rebuilding process and vehicles subject to the provisions of 8
section 307.380; 9
(2) Those motor vehicles which are engaged in 10
interstate commerce and are proportionately registered in 11
this state with the Missouri highway reciprocity commission, 12
although the owner may request that such vehicle be 13 SCS HCS HBs 799, 334, 70
424 & 1069
inspected by an official inspection station, and a peace 14
officer may stop and inspect such vehicles to determine 15
whether the mechanical condition is in compliance with the 16
safety regulations established by the United States 17
Department of Transportation; and 18
(3) Historic motor vehicles registered pursuant to 19
section 301.131; 20
(4) Vehicles registered in excess of twenty-four 21
thousand pounds for a period of less than twelve months; 22
shall submit such vehicles to a biennial inspection of their 23
mechanism and equipment in accordance with the provisions of 24
sections 307.350 to 307.390 and obtain a certificate of 25
inspection and approval and a sticker, seal, or other device 26
from a duly authorized official inspection station. The 27
inspection, except the inspection of school buses which 28
shall be made at the time provided in section 307.375, shall 29
be made at the time prescribed in the rules and regulations 30
issued by the superintendent of the Missouri state highway 31
patrol; but the inspection of a vehicle shall not be made 32
more than sixty days prior to the date of application for 33
registration or within sixty days of when a vehicle's 34
registration is transferred; however, if a vehicle was 35
purchased from a motor vehicle dealer and a valid inspection 36
had been made within sixty days of the purchase date, the 37
new owner shall be able to utilize an inspection performed 38
within ninety days prior to the application for registration 39
or transfer. [Any vehicle manufactured as an even-numbered 40
model year vehicle shall be inspected and approved pursuant 41
to the safety inspection program established pursuant to 42
sections 307.350 to 307.390 in each even-numbered calendar 43
year and any such vehicle manufactured as an odd-numbered 44 SCS HCS HBs 799, 334, 71
424 & 1069
model year vehicle shall be inspected and approved pursuant 45
to sections 307.350 to 307.390 in each odd-numbered year.] 46
The certificate of inspection and approval shall be a 47
sticker, seal, or other device or combination thereof, as 48
the superintendent of the Missouri state highway patrol 49
prescribes by regulation and shall be displayed upon the 50
motor vehicle or trailer as prescribed by the regulations 51
established by him. The replacement of certificates of 52
inspection and approval which are lost or destroyed shall be 53
made by the superintendent of the Missouri state highway 54
patrol under regulations prescribed by him. 55
2. For the purpose of obtaining an inspection only, it 56
shall be lawful to operate a vehicle over the most direct 57
route between the owner's usual place of residence and an 58
inspection station of such owner's choice, notwithstanding 59
the fact that the vehicle does not have a current state 60
registration license. It shall also be lawful to operate 61
such a vehicle from an inspection station to another place 62
where repairs may be made and to return the vehicle to the 63
inspection station notwithstanding the absence of a current 64
state registration license. 65
3. No person whose motor vehicle was duly inspected 66
and approved as provided in this section shall be required 67
to have the same motor vehicle again inspected and approved 68
for the sole reason that such person wishes to obtain a set 69
of any special personalized license plates available 70
pursuant to section 301.144 or a set of any license plates 71
available pursuant to section 301.142, prior to the 72
expiration date of such motor vehicle's current registration. 73
4. Notwithstanding any provision of law to the 74
contrary, a valid safety inspection shall be required for 75 SCS HCS HBs 799, 334, 72
424 & 1069
all registration issuances and renewals for any motor 76
vehicle subject to safety inspection under this section. 77
5. Notwithstanding the provisions of section 307.390, 78
violation of this section shall be deemed an infraction. 79
307.380. 1. Every vehicle of the type required to be 1
inspected upon having been involved in an accident and when 2
so directed by a police officer must be inspected and an 3
official certificate of inspection and approval, sticker, 4
seal or other device be obtained for such vehicle before it 5
is again operated on the highways of this state. 6
2. At the seller's expense every used motor vehicle of 7
the type required to be inspected by section 307.350 shall 8
immediately prior to sale be fully inspected regardless of 9
any current certificate of inspection and approval, and an 10
appropriate new certificate of inspection and approval, 11
sticker, seal or other device shall be obtained no more than 12
sixty days prior to the date of sale, except that such 13
inspection shall not be required for a motor vehicle sold to 14
a person who lives outside of this state and intends to 15
register the vehicle outside of this state or for a motor 16
vehicle having less than thirty thousand miles for the three- 17
year period following the model year of manufacture when: 18
(1) Sold by a private seller; or 19
(2) Sold by a licensed new or used motor vehicle 20
dealer, provided that such dealer has sold at least two 21
hundred motor vehicles in the previous calendar year. 22
The seller of a motor vehicle required to be inspected under 23
this subsection shall present the certificate of inspection 24
and approval to the buyer at the point of sale and the buyer 25
shall be required to submit the certificate of inspection 26
when applying for registration of the vehicle. 27 SCS HCS HBs 799, 334, 73
424 & 1069
[2.] 3. Nothing contained in the provisions of this 28
section shall be construed to prohibit a dealer or any other 29
person from selling a vehicle without a certificate of 30
inspection and approval if the vehicle is sold for junk, 31
salvage, or for rebuilding, or for vehicles sold at public 32
auction or from dealer to dealer. The purchaser of any 33
vehicle which is purchased for junk, salvage, or for 34
rebuilding shall give to the seller an affidavit, on a form 35
prescribed by the superintendent of the Missouri state 36
highway patrol, stating that the vehicle is being purchased 37
for one of the reasons stated herein. No vehicle of the 38
type required to be inspected by section 307.350 which is 39
purchased as junk, salvage, or for rebuilding shall again be 40
registered in this state until the owner has submitted the 41
vehicle for inspection and obtained an official certificate 42
of inspection and approval, sticker, seal or other device 43
for such vehicle. 44
[3.] 4. Notwithstanding the provisions of section 45
307.390, violation of this section shall be deemed an 46
infraction. 47
407.1034. Notwithstanding the terms of any franchise 1
agreement, the performance, whether by act or omission, by a 2
motorcycle or all-terrain vehicle franchisor of any or all 3
of the following acts enumerated in this section are hereby 4
defined as unlawful practices, the remedies for which are 5
set forth in section 407.1043: 6
(1) To engage in any conduct which is capricious, in 7
bad faith, or unconscionable and which causes damage to a 8
motorcycle or all-terrain vehicle franchisee or to the 9
public; provided, that good faith conduct engaged in by 10
motorcycle or all-terrain vehicle franchisors as sellers of 11
new motorcycles, all-terrain vehicles or parts or as holders 12 SCS HCS HBs 799, 334, 74
424 & 1069
of security interests therein, in pursuit of rights or 13
remedies accorded to sellers of goods or to holders of 14
security interests pursuant to the provisions of chapter 15
400, uniform commercial code, shall not constitute unfair 16
practices pursuant to sections 407.1025 to 407.1049; 17
(2) To coerce any motorcycle or all-terrain vehicle 18
franchisee to accept delivery of any new motorcycle, 19
motorcycles, all-terrain vehicles, equipment, parts or 20
accessories therefor, or any other commodity or commodities 21
which such motorcycle or all-terrain vehicle franchisee has 22
not ordered after such motorcycle or all-terrain vehicle 23
franchisee has rejected such commodity or commodities. It 24
shall not be deemed a violation of sections 407.1025 to 25
407.1049 for a motorcycle or all-terrain vehicle franchisor 26
to require a motorcycle or all-terrain vehicle franchisee to 27
have an inventory of parts, tools and equipment reasonably 28
necessary to service the motorcycles or all-terrain vehicles 29
sold by a motorcycle or all-terrain vehicle franchisor; or 30
new motorcycles or all-terrain vehicles reasonably necessary 31
to meet the demands of dealers or the public; 32
(3) To unreasonably refuse to deliver in reasonable 33
quantities and within a reasonable time after receipt of 34
orders for new motorcycles or all-terrain vehicles, such 35
motorcycles or all-terrain vehicles as are so ordered and as 36
are covered by such franchise and as are specifically 37
publicly advertised by such motorcycle or all-terrain 38
vehicle franchisor to be available for immediate delivery; 39
provided, however, the failure to deliver any motorcycle or 40
all-terrain vehicle shall not be considered a violation of 41
sections 407.1025 to 407.1049 if such failure is due to an 42
act of God, work stoppage, or delay due to a strike or labor 43
difficulty, shortage of products or materials, freight 44 SCS HCS HBs 799, 334, 75
424 & 1069
delays, embargo or other cause of which such motorcycle or 45
all-terrain vehicle franchisor has no control; 46
(4) To coerce any motorcycle or all-terrain vehicle 47
franchisee to enter into any agreement with such motorcycle 48
or all-terrain vehicle franchisor or to do any other act 49
prejudicial to such motorcycle or all-terrain vehicle 50
franchisee, by threatening to cancel any franchise or any 51
contractual agreement existing between such motorcycle or 52
all-terrain vehicle franchisor and motorcycle or all-terrain 53
vehicle franchisee; provided, however, that notice in good 54
faith to any motorcycle or all-terrain vehicle franchisee of 55
such motorcycle or all-terrain vehicle franchisee's 56
violation of any provisions of such franchise or contractual 57
agreement shall not constitute a violation of sections 58
407.1025 to 407.1049; 59
(5) To terminate, cancel or refuse to continue any 60
franchise, directly or indirectly through the actions of the 61
franchisor, unless such new motorcycle or all-terrain 62
vehicle franchisee substantially defaults in the performance 63
of such franchisee's reasonable and lawful obligations under 64
such franchisee's franchise, or such new motorcycle or all- 65
terrain vehicle franchisor discontinues the sale in the 66
state of Missouri of such franchisor's products which are 67
the subject of the franchise: 68
(a) Notwithstanding the terms of any franchise 69
agreement to the contrary, good cause to terminate, cancel 70
or refuse to continue any franchise agreement shall not be 71
established based upon the fact that the motorcycle or all- 72
terrain vehicle franchisee owns, has an investment in, 73
participates in the management of or holds a franchise 74
agreement for the sale or service of another make or line of 75
new motorcycles or all-terrain vehicles or the motorcycle or 76 SCS HCS HBs 799, 334, 76
424 & 1069
all-terrain vehicle dealer has established another make or 77
line of new motorcycles or all-terrain vehicles or service 78
in the same dealership facilities as those of the motorcycle 79
or all-terrain vehicle franchisor prior to February 1, 1998, 80
or such establishment is approved in writing by the 81
franchisee and the franchisor. However, a franchisor may 82
require a franchisee to maintain a reasonable line of credit 83
for each franchise and to comply with each franchisor's 84
reasonable requirements concerning capital, management and 85
facilities. If the franchise agreement requires the 86
approval of the franchisor, such approval shall be requested 87
in writing by the franchisee and the franchisor shall 88
approve or disapprove such a request in writing within sixty 89
days of receipt of such request. A request from a 90
franchisee shall be deemed to have been approved if the 91
franchisor fails to notify the franchisee, in writing, of 92
its disapproval within sixty days after its receipt of the 93
written request; 94
(b) In determining whether good cause exists, the 95
administrative hearing commission shall take into 96
consideration the existing circumstances, including, but not 97
limited to, the following factors: 98
a. The franchisee's sales in relation to sales in the 99
market; 100
b. The franchisee's investment and obligations; 101
c. Injury to the public welfare; 102
d. The adequacy of the franchisee's service 103
facilities, equipment, parts and personnel in relation to 104
those of other franchisees of the same line-make; 105
e. Whether warranties are being honored by the 106
franchisee; 107 SCS HCS HBs 799, 334, 77
424 & 1069
f. The parties' compliance with their franchise 108
agreement; 109
g. The desire of a franchisor for market penetration 110
or a market study, if any, prepared by the franchisor or 111
franchisee are two factors which may be considered; 112
h. The harm to the franchisor; 113
(6) To prevent by contract or otherwise, any 114
motorcycle or all-terrain vehicle franchisee from changing 115
the capital structure of the franchisee's franchise of such 116
motorcycle or all-terrain vehicle franchisee or the means by 117
or through which the franchisee finances the operation of 118
the franchisee's franchise, provided the motorcycle or all- 119
terrain vehicle franchisee at all times meets any reasonable 120
capital standards agreed to between the motorcycle or all- 121
terrain vehicle franchisee and the motorcycle or all-terrain 122
vehicle franchisor and grants to the motorcycle or all- 123
terrain vehicle franchisor a purchase money security 124
interest in the new motorcycles or all-terrain vehicles, new 125
parts and accessories purchased from the motorcycle or all- 126
terrain vehicle franchisor; 127
(7) (a) Prevent, by contract or otherwise, any sale 128
or transfer of a franchisee's franchise or franchises or 129
interest or management thereof; provided, if the franchise 130
specifically permits the franchisor to approve or disapprove 131
any such proposed sale or transfer, a franchisor shall only 132
be allowed to disapprove a proposed sale or transfer if the 133
interest being sold or transferred when added to any other 134
interest owned by the transferee constitutes fifty percent 135
or more of the ownership interest in the franchise and if 136
the proposed transferee fails to satisfy any standards of 137
the franchisor which are in fact normally relied upon by the 138
franchisor prior to its entering into a franchise, and which 139 SCS HCS HBs 799, 334, 78
424 & 1069
relate to the proposed management or ownership of the 140
franchise operations or to the qualification, 141
capitalization, integrity or character of the proposed 142
transferee and which are reasonable. A franchisee may 143
request, at any time, that the franchisor provide a copy of 144
the standards which are normally relied upon by the 145
franchisor to evaluate a proposed sale or transfer and a 146
proposed transferee; 147
(b) The franchisee and the prospective franchisee 148
shall cooperate fully with the franchisor in providing 149
information relating to the prospective transferee's 150
qualifications, capitalization, integrity and character; 151
(c) In the event of a proposed sale or transfer of a 152
franchise, the franchisor shall be permitted to exercise a 153
right of first refusal to acquire the franchisee's assets or 154
ownership if: 155
a. The franchise agreement permits the franchisor to 156
exercise a right of first refusal to acquire the 157
franchisee's assets or ownership in the event of a proposed 158
sale or transfer; 159
b. Such sale or transfer is conditioned upon the 160
franchisor or franchisee entering a franchise agreement with 161
the proposed transferee; 162
c. The exercise of the right of first refusal shall 163
result in the franchisee and the franchisee's owners 164
receiving the same or greater consideration and the same 165
terms and conditions as contracted to receive in connection 166
with the proposed sale or transfer; 167
d. The sale or transfer does not involve the sale or 168
transfer to an immediate member or members of the family of 169
one or more franchisee owners, defined as a spouse, child, 170
grandchild, spouse of a child or grandchild, brother, sister 171 SCS HCS HBs 799, 334, 79
424 & 1069
or parent of the franchisee owner, or to the qualified 172
manager, defined as an individual who has been employed by 173
the franchisee for at least two years and who otherwise 174
qualifies as a franchisee operator, or a partnership or 175
corporation controlled by such persons; and 176
e. The franchisor agrees to pay the reasonable 177
expenses, including attorney's fees which do not exceed the 178
usual, customary and reasonable fees charged for similar 179
work done for other clients, incurred by the proposed 180
transferee prior to the franchisor's exercise of its right 181
of first refusal in negotiating and implementing the 182
contract for the proposed sale or transfer of the franchise 183
or the franchisee's assets. Notwithstanding the foregoing, 184
no payment of such expenses and attorney's fees shall be 185
required if the franchisee has not submitted or caused to be 186
submitted an accounting of those expenses within fourteen 187
days of the franchisee's receipt of the franchisor's written 188
request for such an accounting. Such accounting may be 189
requested by a franchisor before exercising its right of 190
first refusal; 191
(d) For determining whether good cause exists for the 192
purposes of this subdivision, the administrative hearing 193
commission shall take into consideration the existing 194
circumstances, including, but not limited to, the following 195
factors: 196
a. Whether the franchise agreement specifically 197
permits the franchisor to approve or disapprove any proposed 198
sale or transfer; 199
b. Whether the interest to be sold or transferred when 200
added to any other interest owned by the proposed transferee 201
constitutes fifty percent or more of the ownership interest 202
in the franchise; 203 SCS HCS HBs 799, 334, 80
424 & 1069
c. Whether the proposed transferee fails to satisfy 204
any standards of the franchisor which are in fact normally 205
relied upon by the franchisor prior to its entering into a 206
franchise, and which are related to the proposed management 207
or ownership of the franchise operations or to the 208
qualification, capitalization, integrity or character of the 209
proposed transferee which are reasonable; 210
d. Injury to the public welfare; 211
e. The harm to the franchisor; 212
(8) To prevent by contract or otherwise any motorcycle 213
or all-terrain vehicle franchisee from changing the 214
executive management of motorcycle or all-terrain vehicle 215
franchisee's business, except that any attempt by a 216
motorcycle or all-terrain vehicle franchisor to demonstrate 217
by giving reasons that such change in executive management 218
will be detrimental to the distribution of the motorcycle or 219
all-terrain vehicle franchisor's motorcycles shall not 220
constitute a violation of this subdivision; 221
(9) To impose unreasonable standards of performance 222
upon a motorcycle or all-terrain vehicle franchisee; 223
(10) To require a motorcycle or all-terrain vehicle 224
franchisee at the time of entering into a franchise 225
arrangement to assent to a release, assignment, novation, 226
waiver or estoppel which would relieve any person from 227
liability imposed by sections 407.1025 to 407.1049; 228
(11) To prohibit directly or indirectly the right of 229
free association among motorcycle or all-terrain vehicle 230
franchisees for any lawful purpose; 231
(12) To provide any term or condition in any lease or 232
other agreement ancillary or collateral to a franchise, 233
which term or condition directly or indirectly violates the 234
provisions of sections 407.1025 to 407.1049; 235 SCS HCS HBs 799, 334, 81
424 & 1069
(13) [Upon any termination, cancellation or refusal to 236
continue any franchise or any discontinuation of any line- 237
make or parts or products related to such line-make by a 238
franchisor, fail to pay reasonable compensation to a 239
franchisee as follows] To fail to repurchase a franchisee's 240
inventory and other items as set forth in this subdivision 241
if a motorcycle or all-terrain franchise agreement is 242
terminated, cancelled, or not renewed by the manufacturer 243
for cause; if the dealer voluntarily terminates a motorcycle 244
or all-terrain dealer agreement in a manner permitted by 245
such agreement; if the manufacturer terminates or 246
discontinues a franchise by discontinuing a line-make or by 247
ceasing to do business in this state; or if the manufacturer 248
changes the distributor or method of distribution of its 249
products in this state or alters its sales regions or 250
marketing areas within this state in a manner that 251
eliminates or diminishes the dealer's market area. In such 252
circumstances the manufacturer shall, at the election of the 253
motorcycle or all-terrain vehicle dealer, within thirty days 254
of termination, repurchase: 255
(a) Any new, undamaged and unsold motorcycles or all- 256
terrain vehicles in the franchisee's inventory of either the 257
current model year or purchased from the franchisor within 258
one hundred twenty days prior to receipt of a notice of 259
termination or nonrenewal, provided the motorcycle or all- 260
terrain vehicle has less than twenty miles registered on the 261
odometer, including mileage incurred in delivery from the 262
franchisor or in transporting the motorcycle or all-terrain 263
vehicle between dealers for sale, at the dealer's net 264
acquisition cost; 265
(b) The current parts catalog cost to the dealer of 266
each new, unused, undamaged and unsold part or accessory if 267 SCS HCS HBs 799, 334, 82
424 & 1069
the part or accessory is in the current parts catalog, less 268
applicable allowances. If the part or accessory was 269
purchased by the franchisee from an outgoing authorized 270
franchisee, the franchisor shall purchase the part for 271
either the price in the current parts catalog or the 272
franchisee's actual purchase price of the part, whichever is 273
less; 274
(c) The depreciated value determined pursuant to 275
generally accepted accounting principles of each undamaged 276
sign owned by the franchisee which bears a trademark or 277
trade name used or claimed by the franchisor if the sign was 278
purchased from, or purchased at the request of, the 279
franchisor; 280
(d) The fair market value of all special tools, data 281
processing equipment and motorcycle or all-terrain vehicle 282
service equipment owned by the franchisee which were 283
recommended in writing and designated as special tools and 284
equipment and purchased from, or purchased at the request 285
of, the franchisor within three years of the termination of 286
the franchise, if the tools and equipment are in usable and 287
good condition, except for reasonable wear and tear; and 288
(e) The franchisor shall pay the franchisee the 289
amounts specified in this subdivision within ninety days 290
after the tender of the property subject to the franchisee 291
providing evidence of good and clear title upon return of 292
the property to the franchisor. Unless previous 293
arrangements have been made and agreed upon, the franchisee 294
is under no obligation to provide insurance for the property 295
left after one hundred eighty days; 296
(14) To prevent or refuse to honor the succession to a 297
franchise or franchises by any legal heir or devisee under 298
the will of a franchisee, under any written instrument filed 299 SCS HCS HBs 799, 334, 83
424 & 1069
with the franchisor designating any person as the person's 300
successor franchisee, or pursuant to the laws of descent and 301
distribution of this state; provided: 302
(a) Any designated family member of a deceased or 303
incapacitated franchisee shall become the succeeding 304
franchisee of such deceased or incapacitated franchisee if 305
such designated family member gives the franchisor written 306
notice of such family member's intention to succeed to the 307
franchise or franchises within forty-five days after the 308
death or incapacity of the franchisee, and agrees to be 309
bound by all of the terms and conditions of the current 310
franchise agreement, and the designated family member meets 311
the current reasonable criteria generally applied by the 312
franchisor in qualifying franchisees. A franchisee may 313
request, at any time, that the franchisor provide a copy of 314
such criteria generally applied by the franchisor in 315
qualifying franchisees; 316
(b) The franchisor may request from a designated 317
family member such personal and financial data as is 318
reasonably necessary to determine whether the existing 319
franchise agreement should be honored. The designated 320
family member shall supply the personal and financial data 321
promptly upon the request; 322
(c) If the designated family member does not meet the 323
reasonable criteria generally applied by the franchisor in 324
qualifying franchisees, the discontinuance of the current 325
franchise agreement shall take effect not less than ninety 326
days after the date the franchisor serves the required 327
notice on the designated family member pursuant to 328
subsection 5 of section 407.1031; 329
(d) The provisions of this subdivision shall not 330
preclude a franchisee from designating any person as the 331 SCS HCS HBs 799, 334, 84
424 & 1069
person's successor by written instrument filed with the 332
franchisor, and if such an instrument is filed, it alone 333
shall determine the succession rights to the management and 334
operation of the franchise; and 335
(e) For determining whether good cause exists, the 336
administrative hearing commission shall take into 337
consideration the existing circumstances, including, but not 338
limited to, the following factors: 339
a. Whether the franchise agreement specifically 340
permits the franchisor to approve or disapprove any 341
successor; 342
b. Whether the proposed successor fails to satisfy any 343
standards of the franchisor which are in fact normally 344
relied upon by the franchisor prior to the successor 345
entering into a franchise, and which relate to the proposed 346
management or ownership of the franchise operation or to the 347
qualification, capitalization, integrity or character of the 348
proposed successor and which are reasonable; 349
c. Injury to the public welfare; 350
d. The harm to the franchisor; 351
(15) To coerce, threaten, intimidate or require a 352
franchisee under any condition affecting or related to a 353
franchise agreement, or to waive, limit or disclaim a right 354
that the franchisee may have pursuant to the provisions of 355
sections 407.1025 to 407.1049. Any contracts or agreements 356
which contain such provisions shall be deemed against the 357
public policy of the state of Missouri and are void and 358
unenforceable. Nothing in this section shall be construed 359
to prohibit voluntary settlement agreements; 360
(16) To initiate any act enumerated in this subsection 361
on grounds that it has advised a franchisee of its intention 362 SCS HCS HBs 799, 334, 85
424 & 1069
to discontinue representation at the time of a franchisee 363
change. 364
643.315. 1. Except as provided in sections 643.300 to 1
643.355, all motor vehicles which are domiciled, registered 2
or primarily operated in an area for which the commission 3
has established a motor vehicle emissions inspection program 4
pursuant to sections 643.300 to 643.355 shall be inspected 5
and approved prior to sale or transfer; provided that, if 6
such vehicle is inspected and approved prior to sale or 7
transfer, such vehicle shall not be subject to another 8
emissions inspection for ninety days after the date of sale 9
or transfer of such vehicle. [In addition, any such vehicle 10
manufactured as an even-numbered model year vehicle shall be 11
inspected and approved under the emissions inspection 12
program established pursuant to sections 643.300 to 643.355 13
in each even-numbered calendar year and any such vehicle 14
manufactured as an odd-numbered model year vehicle shall be 15
inspected and approved under the emissions inspection 16
program established pursuant to sections 643.300 to 643.355 17
in each odd-numbered calendar year.] All motor vehicles 18
subject to the inspection requirements of sections 643.300 19
to 643.355 shall display a valid emissions inspection 20
sticker, and when applicable, a valid emissions inspection 21
certificate shall be presented at the time of registration 22
or registration renewal of such motor vehicle. The 23
department of revenue shall require evidence of the safety 24
and emission inspection and approval required by this 25
section in issuing the motor vehicle [annual] registration 26
in conformity with the procedure required by sections 27
307.350 to 307.390 and sections 643.300 to 643.355. The 28
director of revenue may verify that a successful safety and 29
emissions inspection was completed via electronic means. 30 SCS HCS HBs 799, 334, 86
424 & 1069
2. The inspection requirement of subsection 1 of this 31
section shall apply to all motor vehicles except: 32
(1) Motor vehicles with a manufacturer's gross vehicle 33
weight rating in excess of eight thousand five hundred 34
pounds; 35
(2) Motorcycles and motortricycles if such vehicles 36
are exempted from the motor vehicle emissions inspection 37
under federal regulation and approved by the commission by 38
rule; 39
(3) Model year vehicles manufactured prior to 1996; 40
(4) Vehicles which are powered exclusively by electric 41
or hydrogen power or by fuels other than gasoline which are 42
exempted from the motor vehicle emissions inspection under 43
federal regulation and approved by the commission by rule; 44
(5) Motor vehicles registered in an area subject to 45
the inspection requirements of sections 643.300 to 643.355 46
which are domiciled and operated exclusively in an area of 47
the state not subject to the inspection requirements of 48
sections 643.300 to 643.355, but only if the owner of such 49
vehicle presents to the department an affidavit that the 50
vehicle will be operated exclusively in an area of the state 51
not subject to the inspection requirements of sections 52
643.300 to 643.355 for the next twenty-four months, and the 53
owner applies for and receives a waiver which shall be 54
presented at the time of registration or registration 55
renewal; 56
(6) New and unused motor vehicles, of model years of 57
the current calendar year and of any calendar year within 58
two years of such calendar year, which have an odometer 59
reading of less than six thousand miles at the time of 60
original sale by a motor vehicle manufacturer or licensed 61
motor vehicle dealer to the first user; 62 SCS HCS HBs 799, 334, 87
424 & 1069
(7) Historic motor vehicles registered pursuant to 63
section 301.131; 64
(8) School buses; 65
(9) Heavy-duty diesel-powered vehicles with a gross 66
vehicle weight rating in excess of eight thousand five 67
hundred pounds; 68
(10) New motor vehicles that have not been previously 69
titled and registered, for the four-year period following 70
their model year of manufacture, provided the odometer 71
reading for such motor vehicles are under forty thousand 72
miles at their first required biennial safety inspection 73
conducted under sections 307.350 to 307.390; otherwise such 74
motor vehicles shall be subject to the emissions inspection 75
requirements of subsection 1 of this section during the same 76
period that the biennial safety inspection is conducted; 77
(11) Motor vehicles that are driven fewer than twelve 78
thousand miles between biennial safety inspections; and 79
(12) Qualified plug-in electric drive vehicles. For 80
the purposes of this section, "qualified plug-in electric 81
drive vehicle" shall mean a plug-in electric drive vehicle 82
that is made by a manufacturer, has not been modified from 83
original manufacturer specifications, and can operate solely 84
on electric power and is capable of recharging its battery 85
from an on-board generation source and an off-board 86
electricity source. 87
3. The commission may, by rule, allow inspection 88
reciprocity with other states having equivalent or more 89
stringent testing and waiver requirements than those 90
established pursuant to sections 643.300 to 643.355. 91
4. (1) At the time of sale, a licensed motor vehicle 92
dealer, as defined in section 301.550, may choose to sell a 93 SCS HCS HBs 799, 334, 88
424 & 1069
motor vehicle subject to the inspection requirements of 94
sections 643.300 to 643.355 either: 95
(a) With prior inspection and approval as provided in 96
subdivision (2) of this subsection; or 97
(b) Without prior inspection and approval as provided 98
in subdivision (3) of this subsection. 99
(2) If the dealer chooses to sell the vehicle with 100
prior inspection and approval, the dealer shall disclose, in 101
writing, prior to sale, whether the vehicle obtained 102
approval by meeting the emissions standards established 103
pursuant to sections 643.300 to 643.355 or by obtaining a 104
waiver pursuant to section 643.335. A vehicle sold pursuant 105
to this subdivision by a licensed motor vehicle dealer shall 106
be inspected and approved within the one hundred twenty days 107
immediately preceding the date of sale, and, for the purpose 108
of registration of such vehicle, such inspection shall be 109
considered timely. 110
(3) If the dealer chooses to sell the vehicle without 111
prior inspection and approval, the purchaser may return the 112
vehicle within ten days of the date of purchase, provided 113
that the vehicle has no more than one thousand additional 114
miles since the time of sale, if the vehicle fails, upon 115
inspection, to meet the emissions standards specified by the 116
commission and the dealer shall have the vehicle inspected 117
and approved without the option for a waiver of the 118
emissions standard and return the vehicle to the purchaser 119
with a valid emissions certificate and sticker within five 120
working days or the purchaser and dealer may enter into any 121
other mutually acceptable agreement. If the dealer chooses 122
to sell the vehicle without prior inspection and approval, 123
the dealer shall disclose conspicuously on the sales 124
contract and bill of sale that the purchaser has the option 125 SCS HCS HBs 799, 334, 89
424 & 1069
to return the vehicle within ten days, provided that the 126
vehicle has no more than one thousand additional miles since 127
the time of sale, to have the dealer repair the vehicle and 128
provide an emissions certificate and sticker within five 129
working days if the vehicle fails, upon inspection, to meet 130
the emissions standards established by the commission, or 131
enter into any mutually acceptable agreement with the 132
dealer. A violation of this subdivision shall be an 133
unlawful practice as defined in section 407.020. No 134
emissions inspection shall be required pursuant to sections 135
643.300 to 643.360 for the sale of any motor vehicle which 136
may be sold without a certificate of inspection and 137
approval, as provided pursuant to subsection 2 of section 138
307.380. 139
5. Notwithstanding any provision of law to the 140
contrary, a valid emissions inspection shall be required for 141
all registration issuances and renewals for any motor 142
vehicle subject to emissions inspection under this section. 143
Section B. The repeal and reenactment of sections 1
301.055, 301.070, 301.110, 301.140, 301.142, 301.147, 2
301.560, 301.570, 307.350, and 643.315 of this act shall 3
become effective upon notification by the director of the 4
department of revenue that implementation of the provisions 5
of this act are technologically feasible following the 6
development and maintenance of a modernized, integrated 7
system for the titling of vehicles, the issuance and renewal 8
of vehicle registrations, the issuance and renewal of 9
drivers' licenses and identification cards, and the 10
perfection and release of liens and encumbrances on vehicles. 11
