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SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 3051
103RD GENERAL ASSEMBL Y
6479H.08C JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 301.550 and 301.553, RSMo, and to enact in lieu thereof three new
sections relating to the establishment of the Missouri motor vehicle commission, with
a delayed ef fective date.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 301.550 and 301.553, RSMo, are repealed and three new sections
2 enacted in lieu thereof, to be known as sections 301.550, 301.552, and 301.553, to read as
3 follows:
301.550. 1. The definitions contained in section 301.010 shall apply to sections
2 301.550 to 301.580, and in addition as used in sections 301.550 to 301.580, the following
3 terms mean:
4 (1) "Boat dealer", any natural person, partnership, or corporation who, for a
5 commission or with an intent to make a profit or gain of money or other thing of value, sells,
6 barters, exchanges, leases or rents with the option to purchase, of fers, attempts to sell, or
7 negotiates the sale of any vessel or vessel trailer , whether or not the vessel or vessel trailer is
8 owned by such person. The sale of [ six ] eight or more vessels or vessel trailers or both in any
9 calendar year shall be required as evidence that such person is eligible for licensure as a boat
10 dealer under sections 301.550 to 301.580; except that, such sales requirements shall be
11 waived for entities also licensed as boat manufacturers under section 301.559 who custom
12 manufacture boats:
13 (a) For use with biological research and management equipment for fisheries; or
14 (b) For use with scientific sampling and for geological or chemistry purposes.
15
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.
16 The boat dealer shall demonstrate eligibility for renewal of his license by selling six or more
17 vessels or vessel trailers or both in the prior calendar year while licensed as a boat dealer
18 pursuant to sections 301.550 to 301.580;
19 (2) "Boat manufacturer", any person engaged in the manufacturing, assembling or
20 modification of new vessels or vessel trailers as a regular business, including a person,
21 partnership or corporation which acts for and is under the control of a manufacturer or
22 assembly in connection with the distribution of vessels or vessel trailers;
23 (3) "Commission", the Missouri motor vehicle commission established under
24 section 301.552;
25 (4) "Department", the Missouri department of revenue;
26 [ (4) ] (5) "Director", the director of the Missouri department of revenue;
27 [ (5) ] (6) "Emerg ency vehicles", motor vehicles used as ambulances, law enforcement
28 vehicles, and fire fighting and assistance vehicles;
29 (7) "Executive dir ector", the executive dir ector of the Missouri motor vehicle
30 commission;
31 [ (6) ] (8) "Manufacturer", any person engaged in the manufacturing, assembling or
32 modification of new motor vehicles or trailers as a regular business, including a person,
33 partnership or corporation which acts for and is under the control of a manufacturer or
34 assembly in connection with the distribution of motor vehicles or accessories for motor
35 vehicles;
36 [ (7) ] (9) "Motor vehicle broker", a person who holds himself or herself out through
37 solicitation, advertisement, or otherwise as one who of fers to arrange a transaction involving
38 the retail sale of a motor vehicle, and who is not:
39 (a) A dealer , or any agent, or any employee of a dealer when acting on behalf of a
40 dealer;
41 (b) A manufacturer , or any agent, or employee of a manufacturer when acting on
42 behalf of a manufacturer;
43 (c) The owner of the vehicle involved in the transaction; or
44 (d) A public motor vehicle auction or wholesale motor vehicle auction where buyers
45 are licensed dealers in this or any other jurisdiction;
46 [ (8) ] (10) "Motor vehicle dealer" or "dealer", any person who, for commission or with
47 an intent to make a profit or gain of money or other thing of value, sells, barters, exchanges,
48 leases or rents with the option to purchase, or who of fers or attempts to sell or negotiates the
49 sale of motor vehicles or trailers whether or not the motor vehicles or trailers are owned by
50 such person; provided, however , an individual auctioneer or auction conducted by an
51 auctioneer licensed pursuant to chapter 343 shall not be included within the definition of a
52 motor vehicle dealer . The sale of eight or more motor vehicles or trailers in any calendar year
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53 shall be required as evidence that such person is engaged in the motor vehicle business and is
54 eligible for licensure as a motor vehicle dealer under sections 301.550 to 301.580. Any
55 licensed motor vehicle dealer failing to meet the minimum vehicle sales requirements as
56 referenced in this subsection shall not be qualified to renew his or her license for one year . T o
57 be eligible for license renewal, applicants shall meet the minimum requirement of eight sales
58 per year;
59 [ (9) ] (1 1) "New motor vehicle", any motor vehicle being transferred for the first time
60 from a manufacturer , distributor or new vehicle dealer which has not been registered or titled
61 in this state or any other state and which is offer ed for sale, barter or exchange by a dealer
62 who is franchised to sell, barter or exchange that particular make of motor vehicle. The term
63 "new motor vehicle" shall not include manufactured homes, as defined in section 700.010;
64 [ (10) ] (12) "New motor vehicle franchise dealer", any motor vehicle dealer who has
65 been franchised to deal in a certain make of motor vehicle by the manufacturer or distributor
66 of that make and motor vehicle and who may , in line with conducting his business as a
67 franchise dealer , sell, barter or exchange used motor vehicles;
68 [ (1 1) ] (13) "Person" includes an individual, a partnership, corporation, limited
69 liability company , an unincorporated society or association, joint venture , or any other entity;
70 [ (12) ] (14) "Powersport dealer", any motor vehicle dealer who sells, either pursuant
71 to a franchise agreement or otherwise, primarily motor vehicles including but not limited to
72 motorcycles, all-terrain vehicles, and personal watercraft, as those terms are defined in this
73 chapter and chapter 306;
74 [ (13) ] (15) "Public motor vehicle auction", any person, firm or corporation who takes
75 possession of a motor vehicle whether by consignment, bailment or any other arrangement,
76 except by title, for the purpose of selling motor vehicles at a public auction by a licensed
77 auctioneer;
78 [ (14) ] (16) "Recreational motor vehicle dealer", a dealer of new or used motor
79 vehicles designed, constructed or substantially modified for use as temporary housing
80 quarters, including sleeping and eating facilities which are either permanently attached to the
81 motor vehicle or attached to a unit which is securely attached to the motor vehicle;
82 [ (15) ] (17) "Storage lot", an area within the same city or county where a dealer may
83 store excess vehicle inventory;
84 [ (16) ] (18) "T railer dealer", any person selling, either exclusively or otherwise,
85 trailers as defined in section 301.010. A trailer dealer may acquire a motor vehicle for resale
86 only as a trade-in for a trailer . Notwithstanding the provisions of section 301.010 and section
87 301.069, trailer dealers may purchase one driveaway license plate to display such motor
88 vehicle for demonstration purposes. The sale of [ six ] eight or more trailers in any calendar
89 year shall be required as evidence that such person is engaged in the trailer business and is
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90 eligible for licensure as a trailer dealer under sections 301.550 to 301.580. Any licensed
91 trailer dealer failing to meet the minimum trailer and vehicle sales requirements as referenced
92 in this subsection shall not be qualified to renew his or her license for one year . Applicants
93 who reapply after the one-year period shall meet the requirement of [ six ] eight sales per year;
94 [ (17) ] (19) "Used motor vehicle", any motor vehicle which is not a new motor
95 vehicle, as defined in sections 301.550 to 301.580, and which has been sold, bartered,
96 exchanged or given away or which may have had a title issued in this state or any other state,
97 or a motor vehicle so used as to be what is commonly known as a secondhand motor vehicle.
98 In the event of an assignment of the statement of origin from an original franchise dealer to
99 any individual or other motor vehicle dealer other than a new motor vehicle franchise dealer
100 of the same make, the vehicle so assigned shall be deemed to be a used motor vehicle and a
101 certificate of ownership shall be obtained in the assignee's name. The term "used motor
102 vehicle" shall not include manufactured homes, as defined in section 700.010;
103 [ (18) ] (20) "Used motor vehicle dealer", any motor vehicle dealer who is not a new
104 motor vehicle franchise dealer;
105 [ (19) ] (21) "V essel", every boat and watercraft defined as a vessel in section 306.010;
106 [ (20) ] (22) "V essel trailer", any trailer , as defined by section 301.010 which is
107 designed and manufactured for the purposes of transporting vessels;
108 [ (21) ] (23) "Wholesale motor vehicle auction", any person, firm or corporation in the
109 business of providing auction services solely in wholesale transactions at its established place
110 of business in which the purchasers are motor vehicle dealers licensed by this or any other
111 jurisdiction, and which neither buys, sells nor owns the motor vehicles it auctions in the
112 ordinary course of its business. Except as required by law with regard to the auction sale of a
113 government-owned motor vehicle, a wholesale motor vehicle auction shall not provide
114 auction services in connection with the retail sale of a motor vehicle;
115 [ (22) ] (24) "Wholesale motor vehicle dealer", a motor vehicle dealer who sells motor
116 vehicles only to other new motor vehicle franchise dealers or used motor vehicle dealers or
117 via auctions limited to other dealers of any class.
118 2. For purposes of sections 301.550 to 301.580, neither the term motor vehicle nor the
119 term trailer shall include manufactured homes, as defined in section 700.010.
120 3. Dealers shall be divided into classes as follows:
121 (1) Boat dealers;
122 (2) Franchised new motor vehicle dealers;
123 (3) Used motor vehicle dealers;
124 (4) Wholesale motor vehicle dealers;
125 (5) Recreational motor vehicle dealers;
126 (6) Historic motor vehicle dealers;
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127 (7) Classic motor vehicle dealers;
128 (8) Powersport dealers; [ and ]
129 (9) T railer dealers ; and
130 (10) Public motor vehicle auctions .
301.552. 1. The "Missouri Motor V ehicle Commission" is hereb y creat ed and
2 shall be res ponsible for the licensing of all motor vehicle dealers, boat dealers, wholesale
3 motor vehicle auctions, public motor vehicle auctions, and wholesale motor vehicle
4 dealers under the pr ovisions of sections 301.550 to 301.580 and under any curr ent rules
5 and regul ations or any rules or regul ations that the commission may adopt. The
6 commission shall have no supervision, authority , or contr ol over motor vehicle
7 manufactur ers except with respe ct to those described under subdivision (2) of
8 subsection 3 of this section. The commission's main office shall be in Jefferson City
9 in quarters prov ided by the office of administration, division of facilities management,
10 design, and construction. That division shall also arrange for other needed office space
11 for the commission or its staff.
12 2. All the powers and duties of the department of revenu e under sections 301.550
13 to 301.580 ar e transferr ed by type III transfer , as pr ovided in the Omnibus State
14 Reorganization Act of 1974, to the Missouri motor vehicle commission. The director of
15 the department of rev enue shall have no supervision, authority , or contr ol over the
16 actions or decisions of the Missouri motor vehicle commission or the executive dir ector
17 of the commission. The dir ector of rev enue, the commission, and the commission's
18 executive dir ector shall collaborate to ensur e pr oper administration of sections 301.550
19 to 301.580 and any other applicable laws and regu lations.
20 3. The Missouri motor vehicle commission shall be comprised of nine members,
21 to be selected and appointed by the governor with the advice and consent of the senate,
22 who shall be appointed as follows:
23 (1) Four members who ar e licensed franchised motor vehicle dealers, of whom:
24 (a) Thr ee ar e licensed motor vehicle dealers, one of whom shall be a licensed
25 r ecreat ional motor vehicle dealer; and
26 (b) One is a licensed boat dealer;
27 (2) Thr ee members who are manufactur ers, importers, or distributors engaged
28 in the business of selling motor vehicles to reta il consumers in this state fro m a
29 dealership if the manufactur er , importer , or distributor owned the dealership and
30 initially submitted a dealer license application to the Missouri department of revenu e on
31 or before August 28, 2023, pr ovided that the license is subsequently granted, and the
32 ownership or contro lling interes t of such dealership is not transferred , sold, or conveyed
33 to another person or entity requi red to be licensed under chapter 407; and
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34 (3) T wo members who repr esent the general public and have no pecuniary
35 inter est in any motor vehicle or boat dealership.
36 4. Each member of the commission shall be:
37 (1) A citizen of the United States; and
38 (2) A re sident of the state.
39 5. Commission members shall serve four -year terms. For the initial
4 0 appointments, thr ee members shall serve two-year terms, thr ee members shall serve
41 thr ee-year terms, and thr ee members shall serve four -year terms. Subsequent
42 appointments shall be for four years and members shall serve until their term expir es
43 or until their successor is appointed and qualified. V acancies shall be filled by the
44 governor , by and with the advice and consent of the senate, for the rem ainder of the
45 unexpir ed term.
46 6. The commission shall elect fr om among its members a chair and a secr etary ,
47 each of whom shall serve a one-year term. Meetings shall be held as pr escribed by the
48 commission, but shall be held at least quarterly . Special meetings may be called by the
49 chair upon adequate notice pr ovided by the executive director . T o conduct business, a
50 quorum of five members of the commission shall be in attendance. Members shall
51 r eceive no salary or other compensation for their services as members but shall rec eive
52 their necessary and actual travel and rel ated expenses incurr ed while engaged in the
53 discharge of their official duties.
54 7. The commission shall have the authority to adopt an official seal that shall
55 contain the official seal of the state of Missouri border ed by the inscription "Missouri
56 Motor V ehicle Commission".
57 8. (1) Orders and decisions of the commission shall meet the following voting
58 thr esholds:
59 (a) For any matter affecting only franchised motor vehicle dealers or boat
60 dealers, appr oval shall requi re:
61 a. The affirmative vote of five members of the commission; and
62 b. The affirmative vote of a majority of the members appointed under
63 subdivision (1) of subsection 3 of this section.
64
65 No such matter shall be consider ed or voted upon unless at least one member appointed
66 under subdivision (1) of subsection 3 of this section is duly appointed and serving at the
67 time of the vote.
68 (b) For any matter affecting only manufactur ers, importers, or distributors
69 described under subdivision (2) of subsection 3 of this section, appr oval shall requ ire:
70 a. The affirmative vote of five members of the commission; and
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71 b. The affirmative vote of a majority of the members appointed to repr esent
72 such manufactur ers, importers, or distributors under subsection 3 of this section.
73
74 No such matter shall be consider ed or voted upon unless at least one member appointed
75 to rep res ent such manufactur ers, importers, or distributors is duly appointed and
76 serving at the time of the vote.
77 (c) For any matter affecting both franchised dealers and manufactur ers,
78 importers, or distributors described under subdivision (3) of subsection 3 of this section,
79 appr oval shall requi re:
80 a. The affirmative vote of at least five members of the commission; and
81 b. The affirmative vote of at least one member appointed under subdivision (1)
82 of subsection 3 of this section and the affirmative vote of at least one member appointed
83 to r epresent manufactur ers, importers, or distributors described under subdivision (2)
84 of subsection 3 of this section.
85 (2) All orders or decisions of the commission shall be in writing and signed by
86 the curre nt chair with the official seal affixed ther eto.
87 9. All commission members, employees, and individuals pr oviding information
88 or participating in commission operations shall be immune fr om civil liability , pr ovided
89 their actions wer e performed in good faith, without malice, and reas onably rela ted to
90 the scope of the commission's inquiry .
91 10. The commission shall employ an executive dir ector , who shall serve at the
92 pleasur e of the commission. Additional staff may be employed as r equir ed to fulfill the
93 commission's duties and r esponsibilities under sections 301.550 to 301.580. The
94 executive dir ector's duties shall include, but not be limited to:
95 (1) Supervising and dir ecting commission staff;
96 (2) Receiving and prompt ly addr essing corre spondence and inquiries;
97 (3) Serving as custodian of commission files and reco rds;
98 (4) Maintaining minutes of commission pr oceedings;
99 (5) Keeping public records of annual new and used motor vehicle sales by
100 individual dealers;
101 (6) Managing complaints against licensees submitted to the commission and
102 maintaining a log to be made available for public inspection, subject to applicable law
103 r egarding disclosure. The complaints shall be logged into the r ecord, which shall
104 include at a minimum the licensee's name; the name of the complaining party , if given;
105 the date of the complaint; and a brief statement of the complaint and its ultimate
106 disposition. The executive dir ector shall ensur e licensees are informed of complaints
107 filed against them;
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108 (7) Maintaining custody of the commission's official seal and affixing such seal to
109 licenses and orders; and
110 (8) Performing any other duties necessary to administer sections 301.550 to
111 301.580 and rules and reg ulations pr omulgated ther eto.
112 1 1. The annual salary of the executive dir ector shall be set according to the state
113 uniform classification and pay system and shall not be below range G14 as defined by
114 that system.
115 12. The department of revenu e and the Missouri motor vehicle commission shall
116 work collaboratively with each other to:
117 (1) Carry out the pr ovisions of sections 301.550 to 301.580 in order to pro mote
118 compliance with all laws, ordinances, and administrative rules and reg ulations rel ating
119 to the conduct of motor vehicle dealers, boat dealers, wholesale motor vehicle auctions,
120 public motor vehicle auctions, and wholesale motor vehicle dealers; and
121 (2) Jointly manage and utilize the Missouri motor vehicle commission fund and
122 motor vehicle and driver's license system for the purpose of dealer licensing, which shall
123 include, but not be limited to, activities re lated to compliance, investigations, and dealer
124 licensing operations.
125 13. Nothing in sections 301.550 to 301.580 shall limit or r estrain the enforcem ent
126 powers of the dir ector of the department of r evenue in matters not specifically granted
127 to the commission.
128 14. The commission shall have the authority to promul gate those rules and
129 r egulations necessary to perform the pr ovisions of sections 301.550 to 301.580. Any rule
130 or portion of a rule, as that term is defined in section 536.010, that is cr eated under the
131 authority delegated in this section shall become effective only if it complies with and is
132 subject to all of the pr ovisions of chapter 536 and, if applicable, section 536.028. This
133 section and chapter 536 are nonseverable and if any of the powers vested with the
134 general assembly pursuant to chapter 536 to revie w , to delay the effective date, or to
135 disappr ove and annul a rule ar e subsequently held unconstitutional, then the grant of
136 rulemaking authority and any rule pr oposed or adopted after August 28, 2026, shall be
137 invalid and void.
301.553. [ 1. The department of revenue shall be responsible for the licensing of all
2 manufacturers, motor vehicle dealers, boat dealers, wholesale motor vehicle auctions, public
3 motor vehicle auctions and wholesale motor vehicle dealers pursuant to the provisions of
4 sections 301.550 to 301.580 and the rules and regulations which it may adopt.
5 2. All the powers, duties and functions of the Missouri motor vehicle commission,
6 sections 301.550 to 301.573, in ef fect immediately prior to July 1, 1997, are transferred by
7 type I transfer , as provided in the Omnibus State Reor ganization Act of 1974, to the
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8 department of revenue. The rules and regulations adopted by the commission which were
9 adopted pursuant to this section prior to July 1, 1997, shall continue in ef fect after July 1,
10 1997.
11 3. All orders or decisions of the department shall be in writing, signed by the director
12 and the of ficial seal af fixed thereto.
13 4. The department shall have the authority to promulgate those rules and regulations
14 necessary to perform the provisions of sections 301.550 to 301.580 and is vested with those
15 powers and duties necessary and proper to enable it to fully and ef fectively carry out the
16 provisions of sections 301.550 to 301.580. No rule or portion of a rule promulgated under the
17 authority of sections 301.550 to 301.580 shall become effectiv e unless it has been
18 promulgated pursuant to the provisions of section 536.024.] The Missouri motor vehicle
19 commission shall have authority to:
20 (1) Mitigate complaints and hold hearings concerning disputes involving any
21 holder of a license issued under sections 301.550 to 301.580; and
22 (2) Assess fees as pr ovided under section 301.562, which shall be deposited into
23 the motor vehicle commission fund established under section 301.560.
Section B. The enactment of section 301.552 and the repeal and reenactment of
2 sections 301.550 and 301.553 of this act shall become ef fective on January 1, 2027.
✔
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