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SECOND REGULAR SESSION
HOUSE BILL NO. 2073
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE PHELPS.
5531H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 301.190, RSMo, and to enact in lieu thereof one new section relating to
salvage motor vehicles.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 301.190, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 301.190, to read as follows:
301.190. 1. No certificate of registration of any motor vehicle or trailer , or number
2 plate therefor , shall be issued by the director of revenue unless the applicant therefor shall
3 make application for and be granted a certificate of ownership of such motor vehicle or trailer ,
4 or shall present satisfactory evidence that such certificate has been previously issued to the
5 applicant for such motor vehicle or trailer . Application shall be made within thirty days after
6 the applicant acquires the motor vehicle or trailer , unless the motor vehicle was acquired
7 under section 301.213 or subsection 5 of section 301.210 in which case the applicant shall
8 make application within thirty days after receiving title from the dealer , upon a blank form
9 furnished by the director of revenue and shall contain the applicant's identification number , a
10 full description of the motor vehicle or trailer , the vehicle identification number , and the
11 mileage registered on the odometer at the time of transfer of ownership, as required by section
12 407.536, together with a statement of the applicant's source of title and of any liens or
13 encumbrances on the motor vehicle or trailer , provided that for good cause shown the director
14 of revenue may extend the period of time for making such application. When an owner wants
15 to add or delete a name or names on an application for certificate of ownership of a motor
16 vehicle or trailer that would cause it to be inconsistent with the name or names listed on the
17 notice of lien, the owner shall provide the director with documentation evidencing the
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 lienholder's authorization to add or delete a name or names on an application for certificate of
19 ownership.
20 2. The director of revenue shall use reasonable diligence in ascertaining whether the
21 facts stated in such application are true and shall, to the extent possible without substantially
22 delaying processing of the application, review any odometer information pertaining to such
23 motor vehicle that is accessible to the director of revenue. If satisfied that the applicant is the
24 lawful owner of such motor vehicle or trailer , or otherwise entitled to have the same
25 registered in his name, the director shall thereupon issue an appropriate certificate over his
26 signature and sealed with the seal of his of fice, procured and used for such purpose. The
27 certificate shall contain on its face a complete description, vehicle identification number , and
28 other evidence of identification of the motor vehicle or trailer , as the director of revenue may
29 deem necessary , together with the odometer information required to be put on the face of the
30 certificate pursuant to section 407.536, a statement of any liens or encumbrances which the
31 application may show to be thereon, and, if ownership of the vehicle has been transferred, the
32 name of the state issuing the transferor's title and whether the transferor's odometer mileage
33 statement executed pursuant to section 407.536 indicated that the true mileage is materially
34 dif ferent from the number of miles shown on the odometer , or is unknown.
35 3. The director of revenue shall appropriately designate on the current and all
36 subsequent issues of the certificate the words "Reconstructed Motor V ehicle", "Motor Change
37 V ehicle", "Specially Constructed Motor V ehicle", or "Non-USA-Std Motor V ehicle", as
38 defined in section 301.010. Eff ective July 1, 1990, on all original and all subsequent issues of
39 the certificate for motor vehicles as referenced in subsections 2 and 3 of section 301.020, the
40 director shall print on the face thereof the following designation: "Annual odometer updates
41 may be available from the department of revenue.". On any duplicate certificate, the director
42 of revenue shall reprint on the face thereof the most recent of either:
43 (1) The mileage information included on the face of the immediately prior certificate
44 and the date of purchase or issuance of the immediately prior certificate; or
45 (2) Any other mileage information provided to the director of revenue, and the date
46 the director obtained or recorded that information.
47 4. The certificate of ownership issued by the director of revenue shall be
48 manufactured in a manner to prohibit as nearly as possible the ability to alter , counterfeit,
49 duplicate, or forg e such certificate without ready detection. In order to carry out the
50 requirements of this subsection, the director of revenue may contract with a nonprofit
51 scientific or educational institution specializing in the analysis of secure documents to
52 determine the most ef fective methods of rendering Missouri certificates of ownership
53 nonalterable or noncounterfeitable.
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54 5. The fee for each original certificate so issued shall be eight dollars and fifty cents,
55 in addition to the fee for registration of such motor vehicle or trailer . If application for the
56 certificate is not made within thirty days after the vehicle is acquired by the applicant, or
57 where the motor vehicle was acquired under section 301.213 or subsection 5 of section
58 301.210 and the applicant fails to make application within thirty days after receiving title
59 from the dealer , a delinquency penalty fee of twenty-five dollars for the first thirty days of
60 delinquency and twenty-five dollars for each thirty days of delinquency thereafter , not to
61 exceed a total of two hundred dollars, but such penalty may be waived by the director for a
62 good cause shown. If the director of revenue learns that any person has failed to obtain a
63 certificate within thirty days after acquiring a motor vehicle or trailer , or where the motor
64 vehicle was acquired under section 301.213 or subsection 5 of section 301.210 and the
65 applicant fails to make application within thirty days after receiving title from the dealer , or
66 has sold a vehicle without obtaining a certificate, he shall cancel the registration of all
67 vehicles registered in the name of the person, either as sole owner or as a co-owner , and shall
68 notify the person that the cancellation will remain in force until the person pays the
69 delinquency penalty fee provided in this section, together with all fees, char ges and payments
70 which the person should have paid in connection with the certificate of ownership and
71 registration of the vehicle. The certificate shall be good for the life of the motor vehicle or
72 trailer so long as the same is owned or held by the original holder of the certificate and shall
73 not have to be renewed annually .
74 6. Any applicant for a certificate of ownership requesting the department of revenue
75 to process an application for a certificate of ownership in an expeditious manner requiring
76 special handling shall pay a fee of five dollars in addition to the regular certificate of
77 ownership fee.
78 7. It is unlawful for any person to operate in this state a motor vehicle or trailer
79 required to be registered under the provisions of the law unless a certificate of ownership has
80 been applied for as provided in this section.
81 8. Before an original Missouri certificate of ownership is issued, an inspection of the
82 vehicle and a verification of vehicle identification numbers shall be made by the Missouri
83 state highway patrol on vehicles for which there is a current title issued by another state if a
84 Missouri salvage certificate of title has been issued for the same vehicle but no prior
85 inspection and verification has been made in this state, except that if such vehicle has been
86 inspected in another state by a law enforcement of ficer in a manner comparable to the
87 inspection process in this state and the vehicle identification numbers have been so verified,
88 the applicant shall not be liable for the twenty-five dollar inspection fee if such applicant
89 submits proof of inspection and vehicle identification number verification to the director of
90 revenue at the time of the application. The applicant, who has such a title for a vehicle on
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91 which no prior inspection and verification have been made, shall pay a fee of twenty-five
92 dollars for such verification and inspection, payable to the director of revenue at the time of
93 the request for the application, which shall be deposited in the state treasury to the credit of
94 the state highways and transportation department fund.
95 9. Each application for an original Missouri certificate of ownership for a vehicle
96 which is classified as a reconstructed motor vehicle, specially constructed motor vehicle, kit
97 vehicle, motor change vehicle, non-USA-std motor vehicle, or other vehicle as required by
98 the director of revenue shall be accompanied by a vehicle examination certificate issued by
99 the Missouri state highway patrol, or other law enforcement agency as authorized by the
100 director of revenue. The vehicle examination shall include a verification of vehicle
101 identification numbers and a determination of the classification of the vehicle. The owner of
102 a vehicle which requires a vehicle examination certificate shall present the vehicle for
103 examination and obtain a completed vehicle examination certificate prior to submitting an
104 application for a certificate of ownership to the director of revenue. Notwithstanding any
105 provision of the law to the contrary , an owner presenting a motor vehicle which has been
106 issued a salvage title [ and which is ten years of age or older ] to a vehicle examination
107 described in this subsection in order to obtain a certificate of ownership with the designation
108 prior salvage motor vehicle shall not be required to repair or restore the vehicle to its original
109 appearance in order to pass or complete the vehicle examination. The fee for the vehicle
110 examination application shall be twenty-five dollars and shall be collected by the director of
111 revenue at the time of the request for the application and shall be deposited in the state
112 treasury to the credit of the state highways and transportation department fund. If the vehicle
113 is also to be registered in Missouri, the safety inspection required in chapter 307 and the
114 emissions inspection required under chapter 643 shall be completed and the fees required by
115 section 307.365 and section 643.315 shall be char ged to the owner .
116 10. When an application is made for an original Missouri certificate of ownership for
117 a motor vehicle previously registered or titled in a state other than Missouri or as required by
118 section 301.020, it shall be accompanied by a current inspection form certified by a duly
119 authorized of ficial inspection station as described in chapter 307. The completed form shall
120 certify that the manufacturer's identification number for the vehicle has been inspected, that it
121 is correctly displayed on the vehicle and shall certify the reading shown on the odometer at
122 the time of inspection. The inspection station shall collect the same fee as authorized in
123 section 307.365 for making the inspection, and the fee shall be deposited in the same manner
124 as provided in section 307.365. If the vehicle is also to be registered in Missouri, the safety
125 inspection required in chapter 307 and the emissions inspection required under chapter 643
126 shall be completed and only the fees required by section 307.365 and section 643.315 shall be
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127 char ged to the owner . This section shall not apply to vehicles being transferred on a
128 manufacturer's statement of origin.
129 1 1. Motor vehicles brought into this state in a wrecked or damaged condition or after
130 being towed as an abandoned vehicle pursuant to another state's abandoned motor vehicle
131 procedures shall, in lieu of the inspection required by subsection 10 of this section, be
132 inspected by the Missouri state highway patrol in accordance with subsection 9 of this
133 section. If the inspection reveals the vehicle to be in a salvage or junk condition, the director
134 shall so indicate on any Missouri certificate of ownership issued for such vehicle. Any
135 salvage designation shall be carried forward on all subsequently issued certificates of title for
136 the motor vehicle.
137 12. When an application is made for an original Missouri certificate of ownership for
138 a motor vehicle previously registered or titled in a state other than Missouri, and the
139 certificate of ownership has been appropriately designated by the issuing state as a
140 reconstructed motor vehicle, motor change vehicle, specially constructed motor vehicle, or
141 prior salvage vehicle, the director of revenue shall appropriately designate on the current
142 Missouri and all subsequent issues of the certificate of ownership the name of the issuing state
143 and such prior designation. The absence of any prior designation shall not relieve a transferor
144 of the duty to exercise due diligence with regard to such certificate of ownership prior to the
145 transfer of a certificate. If a transferor exercises any due diligence with regard to a certificate
146 of ownership, the legal transfer of a certificate of ownership without any designation that is
147 subsequently discovered to have or should have had a designation shall be a transfer free and
148 clear of any liabilities of the transferor associated with the missing designation.
149 13. When an application is made for an original Missouri certificate of ownership for
150 a motor vehicle previously registered or titled in a state other than Missouri, and the
151 certificate of ownership has been appropriately designated by the issuing state as non-USA-
152 std motor vehicle, the director of revenue shall appropriately designate on the current
153 Missouri and all subsequent issues of the certificate of ownership the words "Non-USA-Std
154 Motor V ehicle".
155 14. The director of revenue and the superintendent of the Missouri state highway
156 patrol shall make and enforce rules for the administration of the inspections required by this
157 section.
158 15. Each application for an original Missouri certificate of ownership for a vehicle
159 which is classified as a reconstructed motor vehicle, manufactured forty or more years prior
160 to the current model year , and which has a value of three thousand dollars or less shall be
161 accompanied by:
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162 (1) A proper af fidavit submitted by the owner explaining how the motor vehicle or
163 trailer was acquired and, if applicable, the reasons a valid certificate of ownership cannot be
164 furnished;
165 (2) Photocopies of receipts, bills of sale establishing ownership, or titles, and the
166 source of all major component parts used to rebuild the vehicle;
167 (3) A fee of one hundred fifty dollars in addition to the fees described in subsection 5
168 of this section. Such fee shall be deposited in the state treasury to the credit of the state
169 highways and transportation department fund; and
170 (4) An inspection certificate, other than a motor vehicle examination certificate
171 required under subsection 9 of this section, completed and issued by the Missouri state
172 highway patrol, or other law enforcement agency as authorized by the director of revenue.
173 The inspection performed by the highway patrol or other authorized local law enforcement
174 agency shall include a check for stolen vehicles.
175
176 The department of revenue shall issue the owner a certificate of ownership designated with
177 the words "Reconstructed Motor V ehicle" and deliver such certificate of ownership in
178 accordance with the provisions of this chapter . Notwithstanding subsection 9 of this section,
179 no owner of a reconstructed motor vehicle described in this subsection shall be required to
180 obtain a vehicle examination certificate issued by the Missouri state highway patrol.
✔
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