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 BILL NO. 200 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR BEAN. 0746S.01I KRISTINA MARTIN, Secretary AN ACT To repeal section 643.315, RSMo, and to enact in lieu thereof one new section relating to farm vehicles. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Section 643.315, RSMo, is repealed and one new 1 section enacted in lieu thereof, to be known as section 643.315, 2 to read as follows:3 643.315. 1. Except as provided in sec tions 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 inspect ed 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 SB 200 2 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 renew al 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 in 26 conformity with the procedure required by sectio ns 307.350 27 to 307.390 and sections 643.300 to 643.355. The director of 28 revenue may verify that a successful safety and emissions 29 inspection was completed via electronic means. 30 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 gasolin e 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 SB 200 3 vehicle will be operated e xclusively 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 regist ration 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 (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 vehicl es. For 80 the purposes of this section, "qualified plug -in electric 81 drive vehicle" shall mean a plug -in electric drive vehicle 82 SB 200 4 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; and 87 (13) Motor vehicles over ten years old that are 88 registered as local commercial motor vehicles used for farm 89 or farming transportation operations, as described in 90 section 301.010, or that are otherwise defined as covered 91 farm vehicles under federal laws and regulations . 92 3. The commission may, by rule, allow inspection 93 reciprocity with other states having equival ent or more 94 stringent testing and waiver requirements than those 95 established pursuant to sections 643.300 to 643.355. 96 4. (1) At the time of sale, a licensed motor vehicle 97 dealer, as defined in section 301.550, may choose to sell a 98 motor vehicle subject to the inspection requirements of 99 sections 643.300 to 643.355 either: 100 (a) With prior inspection and approval as provided in 101 subdivision (2) of this subsection; or 102 (b) Without prior inspection and approval as provided 103 in subdivision (3) of this subsection. 104 (2) If the dealer chooses to sell the vehicle with 105 prior inspection and approval, the dealer shall disclose, in 106 writing, prior to sale, whether the vehicle obtained 107 approval by meeting the emissions standards established 108 pursuant to sections 643.300 to 643.355 or by obtaining a 109 waiver pursuant to section 643.335. A vehicle sold pursuant 110 to this subdivision by a licensed motor vehicle dealer shall 111 be inspected and approved within the one hundred twenty days 112 immediately preceding the date of sale, and, for the purpose 113 SB 200 5 of registration of such vehicle, such inspection shall be 114 considered timely. 115 (3) If the dealer chooses to sell the vehicle without 116 prior inspection and approval, the purchaser may return the 117 vehicle within ten days of the date of purchase, provided 118 that the vehicle has no more than one thousand additional 119 miles since the time of sale, if the vehicle fails, upon 120 inspection, to meet the emissions standards specified by the 121 commission and the dealer shall have the vehicle inspected 122 and approved without the option for a waiver of the 123 emissions standard and return the vehicle to the purchaser 124 with a valid emissions certificate and sticker within five 125 working days or the purchaser and dealer may ent er into any 126 other mutually acceptable agreement. If the dealer chooses 127 to sell the vehicle without prior inspection and approval, 128 the dealer shall disclose conspicuously on the sales 129 contract and bill of sale that the purchaser has the option 130 to return the vehicle within ten days, provided that the 131 vehicle has no more than one thousand additional miles since 132 the time of sale, to have the dealer repair the vehicle and 133 provide an emissions certificate and sticker within five 134 working days if the vehi cle fails, upon inspection, to meet 135 the emissions standards established by the commission, or 136 enter into any mutually acceptable agreement with the 137 dealer. A violation of this subdivision shall be an 138 unlawful practice as defined in section 407.020. No 139 emissions inspection shall be required pursuant to sections 140 643.300 to 643.360 for the sale of any motor vehicle which 141 may be sold without a certificate of inspection and 142 approval, as provided pursuant to subsection 2 of section 143 307.380. 144