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SECOND REGULAR SESSION
HOUSE BILL NO. 2530
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE PHELPS.
5927H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 301.010, 301.218, 301.225, 407.300, 407.302, and 407.303, RSMo, and to
enact in lieu thereof nine new sections relating to scrap metal recycling, with penalty
provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 301.010, 301.218, 301.225, 407.300, 407.302, and 407.303,
2 RSMo, are repealed and nine new sections enacted in lieu thereof, to be known as sections
3 301.010, 301.218, 301.225, 407.298, 407.299, 407.300, 407.302, 407.303, and 407.304, to
4 read as follows:
301.010. As used in this chapter and sections 304.010 to 304.040, 304.120 to
2 304.260, and sections 307.010 to 307.175, the following terms mean:
3 (1) "All-terrain vehicle", any motorized vehicle manufactured and used exclusively
4 for of f-highway use, with an unladen dry weight of one thousand five hundred pounds or less,
5 traveling on three, four or more nonhighway tires, with either:
6 (a) A seat designed to be straddled by the operator , and handlebars for steering
7 control, but excluding an electric bicycle; or
8 (b) A width of fifty inches or less, measured from outside of tire rim to outside of tire
9 rim, regardless of seating or steering arrangement;
10 (2) "Autocycle", a three-wheeled motor vehicle which the drivers and passengers ride
11 in a partially or completely enclosed nonstraddle seating area, that is designed to be
12 controlled with a steering wheel and pedals, and that has met applicable Department of
13 T ransportation National Highway T raf fic Safety Administration requirements or federal
14 motorcycle safety standards;
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.
15 (3) "Automobile transporter", any vehicle combination capable of carrying car go on
16 the power unit and designed and used for the transport of assembled motor vehicles, including
17 truck camper units;
18 (4) "Axle load", the total load transmitted to the road by all wheels whose centers are
19 included between two parallel transverse vertical planes forty inches apart, extending across
20 the full width of the vehicle;
21 (5) "Backhaul", the return trip of a vehicle transporting car go or general freight,
22 especially when carrying goods back over all or part of the same route;
23 (6) "Boat transporter", any vehicle combination capable of carrying car go on the
24 power unit and designed and used specifically to transport assembled boats and boat hulls.
25 Boats may be partially disassembled to facilitate transporting;
26 (7) "Body shop", a business that repairs physical damage on motor vehicles that are
27 not owned by the shop or its of ficers or employees by mending, straightening, replacing body
28 parts, or painting;
29 (8) "Bus", a motor vehicle primarily for the transportation of a driver and eight or
30 more passengers but not including shuttle buses;
31 (9) "Commercial motor vehicle", a motor vehicle designed or regularly used for
32 carrying freight and merchandise, or more than eight passengers but not including vanpools or
33 shuttle buses;
34 (10) "Cotton trailer", a trailer designed for transporting cotton at speeds less than
35 seventy miles per hour from field to field or from field to market and return;
36 (1 1) "Dealer", any person, firm, corporation, association, agent or subagent engaged
37 in the sale or exchange of new , used or reconstructed motor vehicles or trailers;
38 (12) "Director" or "director of revenue", the director of the department of revenue;
39 (13) "Driveaway operation":
40 (a) The movement of a motor vehicle or trailer by any person or motor carrier other
41 than a dealer over any public highway , under its own power singly , or in a fixed combination
42 of two or more vehicles, for the purpose of delivery for sale or for delivery either before or
43 after sale;
44 (b) The movement of any vehicle or vehicles, not owned by the transporter ,
45 constituting the commodity being transported, by a person engaged in the business of
46 furnishing drivers and operators for the purpose of transporting vehicles in transit from one
47 place to another by the driveaway or towaway methods; or
48 (c) The movement of a motor vehicle by any person who is lawfully engaged in the
49 business of transporting or delivering vehicles that are not the person's own and vehicles of a
50 type otherwise required to be registered, by the driveaway or towaway methods, from a point
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51 of manufacture, assembly or distribution or from the owner of the vehicles to a dealer or sales
52 agent of a manufacturer or to any consignee designated by the shipper or consignor;
53 (14) "Dromedary", a box, deck, or plate mounted behind the cab and forward of the
54 fifth wheel on the frame of the power unit of a truck tractor -semitrailer combination. A truck
55 tractor equipped with a dromedary may carry part of a load when operating independently or
56 in a combination with a semitrailer;
57 (15) "Electric bicycle", a bicycle equipped with fully operable pedals, a saddle or seat
58 for the rider , and an electric motor of less than 750 watts that meets the requirements of one of
59 the following three classes:
60 (a) "Class 1 electric bicycle", an electric bicycle equipped with a motor that provides
61 assistance only when the rider is pedaling and that ceases to provide assistance when the
62 bicycle reaches the speed of twenty miles per hour;
63 (b) "Class 2 electric bicycle", an electric bicycle equipped with a motor that may be
64 used exclusively to propel the bicycle and that is not capable of providing assistance when the
65 bicycle reaches the speed of twenty miles per hour; or
66 (c) "Class 3 electric bicycle", an electric bicycle equipped with a motor that provides
67 assistance only when the rider is pedaling and that ceases to provide assistance when the
68 bicycle reaches the speed of twenty-eight miles per hour;
69 (16) "Farm tractor", a tractor used exclusively for agricultural purposes;
70 (17) "Fleet", any group of ten or more motor vehicles owned by the same owner;
71 (18) "Fleet vehicle", a motor vehicle which is included as part of a fleet;
72 (19) "Fullmount", a vehicle mounted completely on the frame of either the first or last
73 vehicle in a saddlemount combination;
74 (20) "Gross weight", the weight of vehicle and/or vehicle combination without load,
75 plus the weight of any load thereon;
76 (21) "Hail-damaged vehicle", any vehicle, the body of which has become dented as
77 the result of the impact of hail;
78 (22) "Highway", any public thoroughfare for vehicles, including state roads, county
79 roads and public streets, avenues, boulevards, parkways or alleys in any municipality;
80 (23) "Improved highway", a highway which has been paved with gravel, macadam,
81 concrete, brick or asphalt, or surfaced in such a manner that it shall have a hard, smooth
82 surface;
83 (24) "Intersecting highway", any highway which joins another , whether or not it
84 crosses the same;
85 (25) "Junk vehicle", a vehicle which:
86 (a) Is incapable of operation or use upon the highways and has no resale value except
87 as a source of parts or scrap; or
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88 (b) Has been designated as junk or a substantially equivalent designation by this state
89 or any other state;
90 (26) "Kit vehicle", a motor vehicle assembled by a person other than a generally
91 recognized manufacturer of motor vehicles by the use of a glider kit or replica purchased from
92 an authorized manufacturer and accompanied by a manufacturer's statement of origin;
93 (27) "Land improvement contractors' commercial motor vehicle", any not-for -hire
94 commercial motor vehicle the operation of which is confined to:
95 (a) An area that extends not more than a radius of one hundred fifty miles from its
96 home base of operations when transporting its owner's machinery , equipment, or auxiliary
97 supplies to or from projects involving soil and water conservation, or to and from equipment
98 dealers' maintenance facilities for maintenance purposes; or
99 (b) An area that extends not more than a radius of fifty miles from its home base of
100 operations when transporting its owner's machinery , equipment, or auxiliary supplies to or
101 from projects not involving soil and water conservation.
102
103 Nothing in this subdivision shall be construed to prevent any motor vehicle from being
104 registered as a commercial motor vehicle or local commercial motor vehicle;
105 (28) "Local commercial motor vehicle", a commercial motor vehicle whose
106 operations are confined to a municipality and that area extending not more than fifty miles
107 therefrom, or a commercial motor vehicle whose property-carrying operations are confined
108 solely to the transportation of property owned by any person who is the owner or operator of
109 such vehicle to or from a farm owned by such person or under the person's control by virtue
110 of a landlord and tenant lease; provided that any such property transported to any such farm is
111 for use in the operation of such farm;
112 (29) "Local log truck", a commercial motor vehicle which is registered pursuant to
113 this chapter to operate as a motor vehicle on the public highways of this state; used
114 exclusively in this state; used to transport harvested forest products; operated solely at a
115 forested site and in an area extending not more than a one hundred fifty mile radius from such
116 site; and when operated on the national system of interstate and defense highways described
117 in 23 U.S.C. Section 103, as amended, or outside the one hundred fifty mile radius from such
118 site with an extended distance local log truck permit, does not have more than four axles, and
119 does not pull a trailer which has more than three axles. Harvesting equipment which is used
120 specifically for cutting, felling, trimming, delimbing, debarking, chipping, skidding, loading,
121 unloading, and stacking may be transported on a local log truck;
122 (30) "Local log truck tractor", a commercial motor vehicle which is registered under
123 this chapter to operate as a motor vehicle on the public highways of this state; used
124 exclusively in this state; used to transport harvested forest products, operated at a forested site
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125 and in an area extending not more than a one hundred fifty mile radius from such site; and
126 when operated on the national system of interstate and defense highways described in 23
127 U.S.C. Section 103, as amended, or outside the one hundred fifty mile radius from such site
128 with an extended distance local log truck permit, does not have more than three axles and
129 does not pull a trailer which has more than three axles;
130 (31) "Local transit bus", a bus whose operations are confined wholly within a
131 municipal corporation, or wholly within a municipal corporation and a commercial zone, as
132 defined in section 390.020, adjacent thereto, forming a part of a public transportation system
133 within such municipal corporation and such municipal corporation and adjacent commercial
134 zone;
135 (32) "Log truck", a vehicle which is not a local log truck or local log truck tractor and
136 is used exclusively to transport harvested forest products to and from forested sites which is
137 registered pursuant to this chapter to operate as a motor vehicle on the public highways of this
138 state for the transportation of harvested forest products;
139 (33) "Major component parts", the rear clip, cowl, frame, body , cab, front-end
140 assembly , and front clip, as those terms are defined by the director of revenue pursuant to
141 rules and regulations or by illustrations;
142 (34) "Manufacturer", any person, firm, corporation or association engaged in the
143 business of manufacturing or assembling motor vehicles, trailers or vessels for sale;
144 (35) "Metal recy cling entity" or "scrap metal yard", any business that is
145 pr edominantly engaged in:
146 (a) Performing the manufacturing pr ocess by which scrap, used, or obsolete
147 ferr ous or nonferr ous metal is converted into raw material pr oducts consisting of
148 pr epar ed grades and having an existing or potential economic value, by a method that in
149 part requi res the use of powere d tools and equipment, including pr ocesses that involve
150 pr ocessing, sorting, cutting, classifying, cleaning, baling, wrapping, shr edding, shearing,
151 or changing the physical form of that metal;
152 (b) The use of raw material pr oducts described under paragraph (a) of this
153 subdivision in the manufactur e of pr oducer or consumer goods; or
154 (c) Pur chasing or otherwise acquiring scrap, used, or obsolete ferr ous or
155 nonferr ous metals for the eventual use of the metal for the purposes described under
156 paragraph (a) or (b) of this subdivision;
157 (36) "Motor change vehicle", a vehicle manufactured prior to August, 1957, which
158 receives a new , rebuilt or used engine, and which used the number stamped on the original
159 engine as the vehicle identification number;
160 [ (36) ] (37) "Motor vehicle", any self-propelled vehicle not operated exclusively upon
161 tracks, except farm tractors and electric bicycles;
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162 [ (37) ] (38) "Motor vehicle primarily for business use", any vehicle other than a
163 recreational motor vehicle, motorcycle, motortricycle, or any commercial motor vehicle
164 licensed for over twelve thousand pounds:
165 (a) Of fered for hire or lease; or
166 (b) The owner of which also owns ten or more such motor vehicles;
167 [ (38) ] (39) "Motorcycle", a motor vehicle operated on two wheels;
168 [ (39) ] (40) "Motorized bicycle", any two-wheeled or three-wheeled device having an
169 automatic transmission and a motor with a cylinder capacity of not more than fifty cubic
170 centimeters, which produces less than three gross brake horsepower , and is capable of
171 propelling the device at a maximum speed of not more than thirty miles per hour on level
172 ground, but excluding an electric bicycle;
173 [ (40) ] (41) "Motortricycle", a motor vehicle upon which the operator straddles or sits
174 astride that is designed to be controlled by handle bars and is operated on three wheels,
175 including a motorcycle while operated with any conveyance, temporary or otherwise,
176 requiring the use of a third wheel, but excluding an electric bicycle. A motortricycle shall not
177 be included in the definition of all-terrain vehicle;
178 [ (41) ] (42) "Municipality", any city , town or village, whether incorporated or not;
179 [ (42) ] (43) "Nonresident", a resident of a state or country other than the state of
180 Missouri;
181 [ (43) ] (44) "Non-USA-std motor vehicle", a motor vehicle not originally
1 8 2 manufactured in compliance with United States emissions or safety standards;
183 [ (44) ] (45) "Operator", any person who operates or drives a motor vehicle;
184 [ (45) ] (46) "Owner", any person, firm, corporation or association, who holds the legal
185 title to a vehicle or who has executed a buyer's order or retail installment sales contract with a
186 motor vehicle dealer licensed under sections 301.550 to 301.580 for the purchase of a vehicle
187 with an immediate right of possession vested in the transferee, or in the event a vehicle is the
188 subject of an agreement for the conditional sale or lease thereof with the right of purchase
189 upon performance of the conditions stated in the agreement and with an immediate right of
190 possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle
191 is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed
192 the owner;
193 [ (46) ] (47) "Public garage", a place of business where motor vehicles are housed,
194 stored, repaired, reconstructed or repainted for persons other than the owners or operators of
195 such place of business;
196 [ (47) ] (48) "Rebuilder", a business that repairs or rebuilds motor vehicles owned by
197 the rebuilder , but does not include certificated common or contract carriers of persons or
198 property;
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199 [ (48) ] (49) "Reconstructed motor vehicle", a vehicle that is altered from its original
200 construction by the addition or substitution of two or more new or used major component
201 parts, excluding motor vehicles made from all new parts, and new multistage manufactured
202 vehicles;
203 [ (49) ] (50) "Recreational motor vehicle", any motor vehicle designed, constructed or
204 substantially modified so that it may be used and is used for the purposes of temporary
205 housing quarters, including therein sleeping and eating facilities which are either permanently
206 attached to the motor vehicle or attached to a unit which is securely attached to the motor
207 vehicle. Nothing herein shall prevent any motor vehicle from being registered as a
208 commercial motor vehicle if the motor vehicle could otherwise be so registered;
209 [ (50) ] (51) "Recreational of f-highway vehicle", any motorized vehicle manufactured
210 and used exclusively for of f-highway use which is more than fifty inches but no more than
211 eighty inches in width, measured from outside of tire rim to outside of tire rim, with an
212 unladen dry weight of three thousand five hundred pounds or less, traveling on four or more
213 nonhighway tires and which may have access to A TV trails;
214 [ (51) ] (52) "Recreational trailer", any trailer designed, constructed, or substantially
215 modified so that it may be used and is used for the purpose of temporary housing quarters,
216 including therein sleeping or eating facilities, which can be temporarily attached to a motor
217 vehicle or attached to a unit which is securely attached to a motor vehicle;
218 [ (52) ] (53) "Rollback or car carrier", any vehicle specifically designed to transport
219 wrecked, disabled or otherwise inoperable vehicles, when the transportation is directly
220 connected to a wrecker or towing service;
221 [ (53) ] (54) "Saddlemount combination", a combination of vehicles in which a truck or
222 truck tractor tows one or more trucks or truck tractors, each connected by a saddle to the
223 frame or fifth wheel of the vehicle in front of it. The "saddle" is a mechanism that connects
224 the front axle of the towed vehicle to the frame or fifth wheel of the vehicle in front and
225 functions like a fifth wheel kingpin connection. When two vehicles are towed in this manner
226 the combination is called a "double saddlemount combination". When three vehicles are
227 towed in this manner , the combination is called a "triple saddlemount combination";
228 [ (54) ] (55) "Salvage dealer and dismantler", a business that dismantles used motor
229 vehicles for the sale of the parts thereof, and buys and sells used motor vehicle parts and
230 accessories;
231 [ (55) ] (56) "Salvage vehicle", a motor vehicle, semitrailer , or house trailer which:
232 (a) W as damaged during a year that is no more than six years after the manufacturer's
233 model year designation for such vehicle to the extent that the total cost of repairs to rebuild or
234 reconstruct the vehicle to its condition immediately before it was damaged for legal operation
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235 on the roads or highways exceeds eighty percent of the fair market value of the vehicle
236 immediately preceding the time it was damaged;
237 (b) By reason of condition or circumstance, has been declared salvage, either by its
238 owner , or by a person, firm, corporation, or other legal entity exercising the right of security
239 interest in it;
240 (c) Has been declared salvage by an insurance company as a result of settlement of a
241 claim;
242 (d) Ownership of which is evidenced by a salvage title; or
243 (e) Is abandoned property which is titled pursuant to section 304.155 or section
244 304.157 and designated with the words "salvage/abandoned property". The total cost of
245 repairs to rebuild or reconstruct the vehicle shall not include the cost of repairing, replacing,
246 or reinstalling inflatable safety restraints, tires, sound systems, or damage as a result of hail,
247 or any sales tax on parts or materials to rebuild or reconstruct the vehicle. For purposes of
248 this definition, "fair market value" means the retail value of a motor vehicle as:
249 a. Set forth in a current edition of any nationally recognized compilation of retail
250 values, including automated databases, or from publications commonly used by the
251 automotive and insurance industries to establish the values of motor vehicles;
252 b. Determined pursuant to a market survey of comparable vehicles with regard to
253 condition and equipment; and
254 c. Determined by an insurance company using any other procedure recognized by the
255 insurance industry , including market surveys, that is applied by the company in a uniform
256 manner;
257 [ (56) ] (57) "School bus", any motor vehicle used solely to transport students to or
258 from school or to transport students to or from any place for educational purposes;
259 [ (57) ] (58) "Scrap processor", a business that, through the use of fixed or mobile
260 equipment, flattens, crushes, or otherwise accepts motor vehicles and vehicle parts for
261 processing or transportation to a shredder or scrap metal operator for recycling;
262 [ (58) ] (59) "Shuttle bus", a motor vehicle used or maintained by any person, firm, or
263 corporation as an incidental service to transport patrons or customers of the regular business
264 of such person, firm, or corporation to and from the place of business of the person, firm, or
265 corporation providing the service at no fee or char ge. Shuttle buses shall not be registered as
266 buses or as commercial motor vehicles;
267 [ (59) ] (60) "Special mobile equipment", every self-propelled vehicle not designed or
268 used primarily for the transportation of persons or property and incidentally operated or
269 moved over the highways, including farm equipment, implements of husbandry , road
270 construction or maintenance machinery , ditch-digging apparatus, stone crushers, air
27 1 compressors, power shovels, cranes, graders, rollers, well-drillers and wood-sawing
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272 equipment used for hire, asphalt spreaders, bituminous mixers, bucket loaders, ditchers,
273 leveling graders, finished machines, motor graders, road rollers, scarifiers, earth-moving
274 carryalls, scrapers, drag lines, concrete pump trucks, rock-drilling and earth-moving
275 equipment. This enumeration shall be deemed partial and shall not operate to exclude
276 other such vehicles which are within the general terms of this section;
277 [ (60) ] (61) "Specially constructed motor vehicle", a motor vehicle which shall not
278 have been originally constructed under a distinctive name, make, model or type by a
279 manufacturer of motor vehicles. The term specially constructed motor vehicle includes kit
280 vehicles;
281 [ (61) ] (62) "Stinger- steered combination", a truck tractor-s emitrailer wherein the fifth
282 wheel is located on a drop frame located behind and below the rearmost axle of the power
283 unit;
284 [ (62) ] (63) "T andem axle", a group of two or more axles, arranged one behind
285 another , the distance between the extremes of which is more than forty inches and not more
286 than ninety-six inches apart;
287 [ (63) ] (64) "T owaway trailer transporter combination", a combination of vehicles
288 consisting of a trailer transporter towing unit and two trailers or semitrailers, with a total
289 weight that does not exceed twenty-six thousand pounds; and in which the trailers or
290 semitrailers carry no property and constitute inventory property of a manufacturer , distributer ,
291 or dealer of such trailers or semitrailers;
292 [ (64) ] (65) "T ractor", "truck tractor" or "truck-tractor", a self-propelled motor vehicle
293 designed for drawing other vehicles, but not for the carriage of any load when operating
294 independently . When attached to a semitrailer , it supports a part of the weight thereof;
295 [ (65) ] (66) "T railer", any vehicle without motive power designed for carrying
296 property or passengers on its own structure and for being drawn by a self-propelled vehicle,
297 except those running exclusively on tracks, including a semitrailer or vehicle of the trailer
298 type so designed and used in conjunction with a self-propelled vehicle that a considerable part
299 of its own weight rests upon and is carried by the towing vehicle. The term trailer shall not
300 include cotton trailers as defined in this section and shall not include manufactured homes as
301 defined in section 700.010;
302 [ (66) ] (67) "T railer transporter towing unit", a power unit that is not used to carry
303 property when operating in a towaway trailer transporter combination;
304 [ (67) ] (68) "T ruck", a motor vehicle designed, used, or maintained for the
305 transportation of property;
306 [ (68) ] (69) "T ruck-tractor semitrailer -semitrailer", a combination vehicle in which the
307 two trailing units are connected with a B-train assembly which is a rigid frame extension
308 attached to the rear frame of a first semitrailer which allows for a fifth-wheel connection point
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309 for the second semitrailer and has one less articulation point than the conventional A-dolly
310 connected truck-tractor semitrailer -trailer combination;
311 [ (69) ] (70) "T ruck-trailer boat transporter combination", a boat transporter
3 1 2 combination consisting of a straight truck towing a trailer using typically a ball and socket
313 connection with the trailer axle located substantially at the trailer center of gravity rather than
314 the rear of the trailer but so as to maintain a downward force on the trailer tongue;
315 [ (70) ] (71) "Used parts dealer", a business that buys and sells used motor vehicle
316 parts or accessories, but not including a business that sells only new , remanufactured or
317 rebuilt parts. Business does not include isolated sales at a swap meet of less than three days;
318 [ (71) ] (72) "Utility vehicle", any motorized vehicle manufactured and used
319 exclusively for of f-highway use which is more than fifty inches but no more than eighty
320 inches in width, measured from outside of tire rim to outside of tire rim, with an unladen dry
321 weight of three thousand five hundred pounds or less, traveling on four or six wheels, to be
322 used primarily for landscaping, lawn care, or maintenance purposes;
323 [ (72) ] (73) "V anpool", any van or other motor vehicle used or maintained by any
324 person, group, firm, corporation, association, city , county or state agency , or any member
325 thereof, for the transportation of not less than eight nor more than forty-eight employees, per
326 motor vehicle, to and from their place of employment; however , a vanpool shall not be
327 included in the definition of the term bus or commercial motor vehicle as defined in this
328 section, nor shall a vanpool driver be deemed a chauf feur as that term is defined by section
329 303.020; nor shall use of a vanpool vehicle for ride-sharing arrangements, recreational,
330 personal, or maintenance uses constitute an unlicensed use of the motor vehicle, unless used
331 for monetary profit other than for use in a ride-sharing arrangement;
332 [ (73) ] (74) "V ehicle", any mechanical device on wheels, designed primarily for use,
333 or used, on highways, except motorized bicycles, electric bicycles, vehicles propelled or
334 drawn by horses or human power , or vehicles used exclusively on fixed rails or tracks, or
335 cotton trailers or motorized wheelchairs operated by handicapped persons;
336 [ (74) ] (75) "W recker" or "tow truck", any emer gency commercial vehicle equipped,
337 designed and used to assist or render aid and transport or tow disabled or wrecked vehicles
338 from a highway , road, street or highway rights-of-way to a point of storage or repair ,
339 including towing a replacement vehicle to replace a disabled or wrecked vehicle;
340 [ (75) ] (76) "W recker or towing service", the act of transporting, towing or recovering
341 with a wrecker , tow truck, rollback or car carrier any vehicle not owned by the operator of the
342 wrecker , tow truck, rollback or car carrier for which the operator directly or indirectly
343 receives compensation or other personal gain.
301.218. 1. No person shall, except as an incident to the sale, repair , rebuilding or
2 servicing of vehicles by a licensed franchised motor vehicle dealer , carry on or conduct the
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3 following business unless licensed to do so by the department of revenue under sections
4 301.217 to 301.229:
5 (1) Selling used parts of or used accessories for vehicles as a used parts dealer , as
6 defined in section 301.010;
7 (2) Salvaging, wrecking or dismantling vehicles for resale of the parts thereof as a
8 salvage dealer or dismantler , as defined in section 301.010;
9 (3) Rebuilding and repairing four or more wrecked or dismantled vehicles in a
10 calendar year as a rebuilder or body shop, as defined in section 301.010;
11 (4) Processing scrapped vehicles or vehicle parts as a scrap processor , as defined in
12 section 301.010 ;
13 (5) Accepting scrapped metals or metal parts as a metal recycling entity or scrap
14 metal yard, as defined in section 301.010 .
15 2. Sales at a salvage pool or a salvage disposal sale shall be open only to and made to
16 persons actually engaged in and holding a current license under sections 301.217 to 301.221
17 and 301.550 to 301.573 or any person from another state or jurisdiction who is legally
18 allowed in his or her state of domicile to purchase for resale, rebuild, dismantle, crush, or
19 scrap either motor vehicles or salvage vehicles, and to persons who reside in a foreign country
20 that are purchasing salvage vehicles for export outside of the United States. Operators of
21 salvage pools or salvage disposal sales shall keep a record, for three years, of sales of salvage
22 vehicles with the purchasers' name and address, and the year , make, and vehicle identification
23 number for each vehicle. These records shall be open for inspection as provided in section
24 301.225. Such records shall be submitted to the department on a quarterly basis.
25 3. The operator of a salvage pool or salvage disposal sale, or subsequent purchaser ,
26 who sells a nonrepairable motor vehicle or a salvage motor vehicle to a person who is not a
27 resident of the United States at a salvage pool or a salvage disposal sale shall:
28 (1) Stamp on the face of the title so as not to obscure any name, date, or mileage
29 statement on the title the words "FOR EXPOR T ONL Y" in capital letters that are black; and
30 (2) Stamp in each unused reassignment space on the back of the title the words "FOR
31 EXPOR T ONL Y" and print the number of the dealer's salvage vehicle license, name of the
32 salvage pool, or the name of the governmental entity , as applicable.
33
34 The words "FOR EXPOR T ONL Y" required under subdivisions (1) and (2) of this subsection
35 shall be at least two inches wide and clearly legible. Copies of the stamped titles shall be
36 forwarded to the department.
37 4. The director of revenue shall issue a separate license for each kind of business
38 described in subsection 1 of this section, to be entitled and designated as either "used parts
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39 dealer"; "salvage dealer or dismantler"; "rebuilder or body shop"; [ or ] "scrap processor" ;
40 "metal recy cling entity"; or "scrap metal yard" license.
41 5. (1) Any person who violates the pro visions of this section shall be guilty of a
42 class A misdemeanor , punishable only by fine. In addition to any such fine, an
43 application for licensur e may be denied or any curr ent license may be revoke d or
44 suspended by the department if the applicant or licensee, after August 28, 2026,
45 knowingly or intentionally:
46 (a) V iolates any pro vision of sections 407.298 to 407.304;
47 (b) Makes a materially false statement in the application for licensur e; or
48 (c) Engages in a fraudulent act in connection with any pur chase or sale of any
49 r egulated metal, as such term is defined in section 407.298.
50 (2) Nothing in this section shall be construed to pr eclude a person who violates
51 the provi sions of this section fr om also being prosecuted for any applicable criminal
52 offense.
301.225. 1. Every person licensed or required to be licensed shall maintain for three
2 years on vehicles not more than seven years old a record of:
3 (1) Every vehicle or used transmission, rear end, cowl, frame, body , front end
4 assembly or engine of or for a vehicle received or acquired by him, its description and
5 identifying number , if any , the date of its receipt or acquisition, and the name and address of
6 the person from whom received or acquired;
7 (2) Every vehicle wrecked, dismantled or disposed of by him, and the date of its
8 wrecking or dismantling and, if sold to a scrap metal operator , the operator's name and
9 address.
10 2. Every person licensed or re quir ed to be licensed shall maintain for thr ee years
11 r ecords consistent with the req uire ments under section 407.300 on copper , brass, or
12 br onze material, as defined in section 407.298, rega rdless of the condition or length of
13 such material and whether it is mixed or conjoined with any other substances.
14 3. Every [ such ] record requi red under subsections 1 and 2 of this section shall be
15 retained by the person licensed or required to be licensed at his principal place of business and
16 shall be open to inspection by any representative of the department, member or authorized or
17 designated employee of the Missouri highway patrol, or any police of ficer during reasonable
18 business hours. Members of the patrol or any police of ficer may inspect the premises of
19 every person licensed or required to be licensed at any time that business is being conducted
20 or work is being performed, whether or not open to the public to enforce the provisions of
21 sections 301.217 to 301.229.
407.298. For purposes of sections 407.298 to 407.304, the following terms mean:
2 (1) "Copper , brass, or br onze":
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3 (a) A power inverter , bus bar , or insulated or noninsulated copper wir e or cable
4 that contains copper or an alloy of copper or zinc and is of the type used by any public
5 utility , common carrier , telecommunications company , cable pr ovider , video service
6 pr ovider , or other communications rel ated pro vider , electrical cooperative, water utility ,
7 municipal utility , or utility reg ulated under chapter 386 or chapter 393;
8 (b) Any copper or brass item of a type commonly used in construction or by any
9 public utility , telecommunications company , cable prov ider , video service pr ovider , or
10 other communications rel ated pr ovider; or
11 (c) Any copper pipe or copper tubing;
12 (2) "Department", the department of revenu e;
13 (3) "Metal r ecycling entity" or "scrap metal yard", any business that is
14 pr edominantly engaged in:
15 (a) Performing the manufacturing pr ocess by which scrap, used, or obsolete
16 ferr ous or nonferr ous metal is converted into raw material pr oducts consisting of
17 pr epar ed grades and having an existing or potential economic value, by a method that in
18 part requi res the use of powere d tools and equipment, including pr ocesses that involve
19 pr ocessing, sorting, cutting, classifying, cleaning, baling, wrapping, shr edding, shearing,
20 or changing the physical form of that metal;
21 (b) The use of raw material pr oducts described under paragraph (a) of this
22 subdivision in the manufactur e of pr oducer or consumer goods; or
23 (c) Pur chasing or otherwise acquiring scrap, used, or obsolete ferr ous or
24 nonferr ous metals for the eventual use of the metal for the purposes described under
25 paragraph (a) or (b) of this subdivision;
26 (4) "Regulated metal":
27 (a) Copper , brass, or bron ze;
28 (b) Aluminum wire , cable, pipe, tubing, bar , ingot, rod, fitting, or fastener;
29 (c) Material containing copper or aluminum that is knowingly used for farming
30 purposes as farming is defined in section 350.010, reg ardless of the condition or length
31 of such metal;
32 (d) A detached catalytic converter; or
33 (e) A motor vehicle, heavy equipment, or a tractor battery .
407.299. 1. No later than the close of business on the second working day after
2 the date of the purch ase or other acquisition of a r egulated metal by a metal recycli ng
3 entity or scrap metal yard, the entity or yard shall send an electr onic transaction report
4 to the department, which shall be transmitted thr ough the department's website. The
5 r eport shall contain the information req uired to be r ecorded under section 407.300,
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6 except that the entity or yard shall not be requi red to disclose the weight and pur chase
7 price of the reg ulated metal.
8 2. A metal recycli ng entity or scrap metal yard may submit the transaction
9 r eport req uired under subsection 1 by facsimile if the department appr oves an exception
10 to the electr onic re porting requ irem ents following rece ipt and rev iew of an:
11 (1) Application requ esting an exception to the electr onic r eporting req uirements;
12 and
13 (2) Affidavit stating that the entity or yard does not have an available and
14 r eliable means of submitting the transaction repor t electr onically .
15 3. The department shall establish a statewide electr onic repo rting system to
16 track the sales of regul ated metal rep orted to the department under subsection 1.
17 4. The department shall post on its website a summary of the r eports pr ovided to
18 the department under this section that shall only be accessible to metal recycl ing entities
19 and scrap metal yards that ar e req uired to submit such information to the department.
20 The summary shall pr ovide, by county , the fr equency with which a person, who shall be
21 identified by first and last name and addr ess, present s reg ulated metal for sale to a
22 metal r ecycling entity or scrap metal yard. The summary shall not personally identify
23 any person or entity to which the metal recycl ing entity or scrap metal yard sells
24 r egulated material. The prov isions of this subsection shall not apply to reg ulated metal
25 sold to a metal recycl ing entity or scrap metal yard by a public or private cemetery ,
26 political subdivision, telecommunications provi der , cable provi der , wir eless service or
27 other communications-r elated pr ovider , electrical cooperative, water utility , municipal
28 utility , or utility regu lated under chapter 386 or chapter 393, or other business entity
29 that r outinely has access to regul ated metal.
30 5. The department shall make available on its website a publicly accessible list of
31 all licensed metal recycl ing entities or scrap metal yards. The list shall contain the
32 following for each licensed metal recycli ng entity or scrap metal yard:
33 (1) Register ed business name;
34 (2) Physical addr ess;
35 (3) Name of and contact information for a rep res entative of the entity;
36 (4) A description of the extent to which the entity engages in transactions
37 involving catalytic converters; and
38 (5) A statement that no pur chases of r egulated metal shall be made before 7:00
39 a.m. or after 7:00 p.m.
40 6. Information pr ovided to the department under this section shall not be subject
41 to disclosure under Chapter 610. The department may disclose information pr ovided
42 under this section for law enforcem ent purposes, as described in section 301.225. Except
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43 as otherwise pro vided here in, the department shall maintain the confidentiality of the
44 name of the seller , the price paid for the purch ase of r egulated metal, and the quantity of
45 r egulated metal pur chased.
46 7. The department may promulg ate administrative rules and regu lations for the
47 development of a statewide electr onic reporting system to track the sales of reg ulated
48 metal rep orted to the department, which shall include the development of a no-buy list
49 as pro vided in section 407.304. The department is authorized to collaborate with any
50 local law enforcem ent agency to pr epare a sear chable, electr onic list that includes the
51 names and a description of persons known for theft or to be r eceivers of stolen pr operty .
52 8. Any rule or portion of a rule, as that term is defined in section 536.010, that is
53 cr eated under the authority delegated in this section shall become effective only if it
54 complies with and is subject to all of the pr ovisions of chapter 536 and, if applicable,
55 section 536.026. Any rule or portion of a rule, as that term is defined in section 536.010,
56 that is cre ated under the authority delegated in this section shall become effective only if
57 it complies with and is subject to all of the pro visions of chapter 536 and, if applicable,
58 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
59 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the
60 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional,
61 then the grant of rulemaking authority and any rule pro posed or adopted after August
62 28, 2026, shall be invalid and void.
407.300. 1. Every purchaser or collector of, or dealer in, junk, scrap metal, or any
2 secondhand property who obtains items for resale or profit shall keep a register containing a
3 written or electronic record for each purchase or trade in which each type of material subject
4 to the provisions of this section is obtained for value. There shall be a separate record for
5 each transaction involving any[ :
6 (1) Copper , brass, or bronze;
7 (2) Aluminum wire, cable, pipe, tubing, bar , ingot, rod, fitting, or fastener;
8 (3) Material containing copper or aluminum that is knowingly used for farming
9 purposes as farming is defined in section 350.010; whatever may be the condition or length of
10 such metal;
11 (4) Detached catalytic converter; or
12 (5) Motor vehicle, heavy equipment, or tractor battery ] reg ulated metal. Such
13 pur chases or trades shall be made only between the hours of 7:00 a.m. and 7:00 p.m .
14 2. The record required by this section shall contain the following data:
15 (1) A copy of the driver's license or photo identification issued by the state or by the
16 United States government or agency thereof of the person from whom the material is
17 obtained;
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18 (2) The current address, gender , birth date, and a color photograph of the person from
19 whom the material is obtained if not included or are dif ferent from the identification required
20 in subdivision (1) of this subsection;
21 (3) The date, time, and place of the transaction;
22 (4) The license plate number of the vehicle used by the seller during the transaction;
23 [ and ]
24 (5) A full description of the material, including the weight and purchase price ;
25 (6) A photo of the pr operty pur chased; and
26 (7) An affidavit stating that the seller owns or otherwise has authority to sell the
27 r egulated metal being pr esented for sale .
28 3. The records required under this section shall be maintained for a minimum of
29 thirty-six months from when such material is obtained and shall be available for inspection by
30 any law enforcement of ficer .
31 4. No transaction that includes a [ detached catalytic converter ] regul ated metal shall
32 occur at any location other than the fixed place of business of the purchaser or collector of, or
33 dealer in, junk, scrap metal, or any secondhand property . No [ detached catalytic converter ]
34 r egulated metal shall be altered, modified, disassembled, or destroyed until it has been in the
35 purchaser's, collector's, or dealer's possession for five business days.
36 5. Anyone licensed under section 301.218 who knowingly purchases a stolen
37 [ detached catalytic converter ] regu lated metal shall be subject to the following penalties:
38 (1) For a first violation, a fine in the amount of five thousand dollars;
39 (2) For a second violation, a fine in the amount of ten thousand dollars; and
40 (3) For a third violation, revocation of the license for a business described under
41 section 301.218.
42 6. This section shall not apply to either of the following transactions:
43 (1) Any transaction for which the seller has an existing business relationship with the
44 scrap metal dealer and is known to the scrap metal dealer making the purchase to be an
45 established business or political subdivision that operates a business with a fixed location that
46 can be reasonably expected to generate regulated scrap metal and can be reasonably identified
47 as such a business, and for which the seller is paid by check or by electronic funds transfer , or
48 the seller produces an acceptable identification, which shall be a copy of the driver's license
49 or photo identification issued by the state or by the United States government or agency
50 thereof, and a copy is retained by the purchaser; or
51 (2) Any transaction for which the type of metal subject to subsection 1 of this section
52 is a minor part of a lar ger item, except for heating and cooling equipment or equipment used
53 in the generation and transmission of electrical power or telecommunications.
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54 7. No metal r ecycling entity or scrap metal yard shall purch ase regu lated metal
55 fr om a seller who, at the time of the sale:
56 (1) Uses a name other than such person's own name or the r egister ed name of
57 the seller's business;
58 (2) Is under eighteen years of age; or
59 (3) Is visibly under the influence of alcohol, a contr olled substance, or drug, or
60 any combination ther eof.
61 8. (1) A metal recyc ling entity or scrap metal yard shall at all times maintain in
62 a prominen t location in the entity's place of business, in open view to the seller of
63 r egulated metal, a notice in two-inch type that:
64 (a) Includes the following language:
65 "A PERSON A TTEMPTING T O SELL ANY REGULA TED MET AL MUST
66 PRESENT SUFFICIENT IDENTIFICA TION AND WRITTEN PROOF OF
6 7 OWNERSHIP REQUIRED BY ST A TE LA W .
68 W ARNING: ST A TE LA W PROVIDES A CRIMINAL PENAL TY FOR A
69 PERSON WHO INTENTIONALL Y PROVIDES A F ALSE DOCUMENT OF
7 0 IDENTIFICA TION OR OTHER F ALSE INFORMA TION T O A MET AL
7 1 RECYCLING ENTITY WHILE A TTEMPTING T O SELL ANY REGULA TED
72 MET AL."; and
73 (b) States the metal recy cling entity's or scrap metal yard's regula r business
74 hours.
75 (2) The notice r equir ed under this subsection may be included on a sign that
76 contains another notice if the metal recy cling entity or scrap metal yard is r equir ed to
77 display another notice under another pro vision of law .
407.302. 1. No scrap [ yard ] metal dealer or metal rec ycling entity or scrap metal
2 yard shall purchase any metal that can be identified as belonging to a public or private
3 cemetery , political subdivision, telecommunications provider , cable provider , wireless service
4 or other communications-related provider , electrical cooperative, water utility , municipal
5 utility , or utility regulated under chapter 386 or 393, including twisted pair copper
6 telecommunications wiring of pair or greater existing in 19, 22, 24, or 26 gauge burnt wire,
7 bleachers, guardrails, signs, street and traff ic lights or signals, and manhole cover or covers,
8 whether broken or unbroken, from anyone other than the cemetery or monument owner ,
9 political subdivision, telecommunications provider , cable provider , wireless service or other
10 communications-related provider , electrical cooperative, water utility , municipal utility , utility
11 regulated under chapter 386 or 393, or manufacturer of the metal or item described in this
12 section unless such person is authorized in writing by the cemetery or monument owner ,
13 political subdivision, telecommunications provider , cable provider , wireless service or other
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14 communications-related provider , electrical cooperative, water utility , municipal utility , utility
15 regulated under chapter 386 or 393, or manufacturer to sell the metal.
16 2. Anyone convicted of violating this section shall be guilty of a class B
17 misdemeanor .
407.303. 1. Any scrap metal dealer or metal r ecycling entity or scrap metal yard
2 paying out [ an ] any amount [ that is five hundred dollars or more ] of money shall make such
3 payment by issuing a prenumbered check drawn on a regular bank account in the name of the
4 licensed scrap metal dealer or metal r ecycling entity or scrap metal yard and with such
5 check made payable to the person documented as the seller in accordance with this section, or
6 by using a system for automated cash or electronic payment distribution which photographs
7 or videotapes the payment recipient and identifies the payment with a distinct transaction in
8 the register maintained in accordance with this chapter .
9 2. [ Any ] No scrap metal dealer or metal recycl ing entity or scrap metal yard that
10 purchases scrap metal from a seller [ and pays ] shall pay in the form of cash [ is required to
11 obtain a copy of the seller's driver's license or nondriver's license if the metal is copper or a
12 catalytic converter ]. Notwithstanding the prov isions of subsection 1 of this section, this
13 section shall not apply to any transaction for which the seller has an existing business
14 relationship with the scrap metal dealer or metal r ecycling entity or scrap metal yard and is
15 known to the scrap metal dealer or metal recycl ing entity or scrap metal yard making the
16 purchase to be an established business or political subdivision that operates a business with a
17 fixed location that can be reasonably expected to generate regulated scrap metal and can be
18 reasonably identified as such a business.
19 3. Any person who knowingly and willfully violates the provisions of sections
20 407.300 to 407.303 shall be guilty of a class B misdemeanor and a fine of up to five hundred
21 dollars for the first offense, a class A misdemeanor and a fine of up to one thousand dollars
22 for the second of fense, and the revocation of any and all business licenses that are held with
23 the state for the third of fense.
24 4. Any person in violation of sections 407.300 to 407.303 by selling stolen scrap
25 metal shall be responsible for consequential damages related to obtaining the scrap metal.
407.304. The department shall pr ovide to every scrap metal dealer or metal
2 r ecycling entity or scrap metal yard a sear chable, electr onic list pr epar ed in accordance
3 with the rules adopted by the department under section 407.299 containing the names
4 and descriptions of persons known for theft or to be receiver s of stolen pr operty . No
5 scrap metal dealer or metal recyc ling entity or scrap metal yard shall pur chase or
6 r eceive regu lated metal fr om any person identified on the list.
✔
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