Modifies provisions relating to the sale of motor vehicles and vessels

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1056
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
5431S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 144.070, 301.010, 301.020, 301.210, 301.213, 301.218, 301.227, 301.280,
301.550, 301.551, 301.553, 301.555, 301.557, 301.558, 301.559, 301.560, 301.561,
301.562, 301.563, 301.564, 301.565, 301.566, 301.567, 301.568, 301.569, 301.570,
301.571, 301.573, 301.576, 301.580, 303.440, 304.156, 306.015, 385.200, 385.206,
407.812, 407.818, 414.255, 578.120, and 643.315, RSMo, and to enact in lieu thereof
forty new sections relating to the sale of motor vehicles and vessels, with penalty
provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 144.070, 301.010, 301.020, 301.210, 1
301.213, 301.218, 301.227, 301.280, 301.550, 301.551, 301.553, 2
301.555, 301.557, 301.558, 301.559, 301.560, 301.561, 301.562, 3
301.563, 301.564, 301.565, 301.566, 301.567, 301.568, 301.569, 4
301.570, 301.571, 301.573, 301.576, 301.580, 303.440, 304.156, 5
306.015, 385.200, 385.206, 407.812, 407.818, 414.255, 578.120, 6
and 643.315, RSMo, are repealed and forty new sections enacted 7
in lieu thereof, to be known as sections 144.070, 301.010, 8
301.020, 301.210, 301.213, 301.218, 301.227, 301.280, 301.1000, 9
301.1003, 301.1006, 301.1009, 301.1012, 301.1015, 301.1018, 10
301.1021, 301.1024, 301.1027, 301.1030, 301.1033, 301.1036, 11
301.1039, 301.1042, 301.1045, 301.1048, 301.1051, 301.1054, 12
301.1057, 301.1060, 301.1063, 303.440, 304.156, 306.015, 13
385.200, 385.206, 407.812, 407.818, 414.255, 578.120, and 14
643.315, to read as follows:15
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144.070. 1. At the time the owner of any new or used 1
motor vehicle, trailer, boat, or outboard motor which was 2
acquired in a transaction subject to sales tax under the 3
Missouri sales tax law makes application to the director of 4
revenue for an official certificate of title and the 5
registration of the motor vehicle, trailer, boat, or 6
outboard motor as otherwise provided by law, the owner shall 7
present to the director of revenue evidence satisfactory to 8
the director of revenue showing the purchase price exclusive 9
of any charge incident to the extension of credit paid by or 10
charged to the applicant in the acquisition of the motor 11
vehicle, trailer, boat, or outboard motor, or that no sales 12
tax was incurred in its acquisition, and if sales tax was 13
incurred in its acquisition, the applicant shall pay or 14
cause to be paid to the director of revenue the sales tax 15
provided by the Missouri sales tax law in addition to the 16
registration fees now or hereafter required according to 17
law, and the director of revenue shall not issue a 18
certificate of title for any new or used motor vehicle, 19
trailer, boat, or outboard motor subject to sales tax as 20
provided in the Missouri sales tax law until the tax levied 21
for the sale of the same under sections 144.010 to 144.510 22
has been paid as provided in this section or is registered 23
under the provisions of subsection 5 of this section. 24
2. As used in subsection 1 of this section, the term 25
"purchase price" shall mean the total amount of the contract 26
price agreed upon between the seller and the applicant in 27
the acquisition of the motor vehicle, trailer, boat, or 28
outboard motor, regardless of the medium of payment therefor. 29
3. In the event that the purchase price is unknown or 30
undisclosed, or that the evidence thereof is not 31
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satisfactory to the director of revenue, the same shall be 32
fixed by appraisement by the director. 33
4. The director of the department of revenue shall 34
endorse upon the official certificate of title issued by the 35
director upon such application an entry showing that such 36
sales tax has been paid or that the motor vehicle, trailer, 37
boat, or outboard motor represented by such certificate is 38
exempt from sales tax and state the ground for such 39
exemption. 40
5. Any person, company, or corporation engaged in the 41
business of renting or leasing motor vehicles, trailers, 42
boats, or outboard motors, which are to be used exclusively 43
for rental or lease purposes, and not for resale, may apply 44
to the director of revenue for authority to operate as a 45
leasing or rental company and pay an annual fee of two 46
hundred fifty dollars for such authority. Any company 47
approved by the director of revenue may pay the tax due on 48
any motor vehicle, trailer, boat, or outboard motor as 49
required in section 144.020 at the time of registration 50
thereof or in lieu thereof may pay a sales tax as provided 51
in sections 144.010, 144.020, 144.070 and 144.440. A sales 52
tax shall be charged to and paid by a leasing company which 53
does not exercise the option of paying in accordance with 54
section 144.020, on the amount charged for each rental or 55
lease agreement while the motor vehicle, trailer, boat, or 56
outboard motor is domiciled in this state. Any motor 57
vehicle, trailer, boat, or outboard motor which is leased as 58
the result of a contract executed in this state shall be 59
presumed to be domiciled in this state. 60
6. Every applicant to be a registered fleet owner as 61
described in subsections 6 to 10 of section 301.032 shall 62
furnish with the application to operate as a registered 63
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fleet owner a corporate surety bond or irrevocable letter of 64
credit, as defined in section 400.5-102, issued by any state 65
or federal financial institution in the penal sum of one 66
hundred thousand dollars, on a form approved by the 67
department. The bond or irrevocable letter of credit shall 68
be conditioned upon the registered fleet owner complying 69
with the provisions of any statutes applicable to registered 70
fleet owners, and the bond shall be an indemnity for any 71
loss sustained by reason of the acts of the person bonded 72
when such acts constitute grounds for the suspension or 73
revocation of the registered fleet owner license. The bond 74
shall be executed in the name of the state of Missouri for 75
the benefit of all aggrieved parties or the irrevocable 76
letter of credit shall name the state of Missouri as the 77
beneficiary; except that, the aggregate liability of the 78
surety or financial institution to the aggrieved parties 79
shall, in no event, exceed the amount of the bond or 80
irrevocable letter of credit. The proceeds of the bond or 81
irrevocable letter of credit shall be paid upon receipt by 82
the department of a final judgment from a Missouri court of 83
competent jurisdiction against the principal and in favor of 84
an aggrieved party. 85
7. Any corporation may have one or more of its 86
divisions separately apply to the director of revenue for 87
authorization to operate as a leasing company, provided that 88
the corporation: 89
(1) Has filed a written consent with the director 90
authorizing any of its divisions to apply for such authority; 91
(2) Is authorized to do business in Missouri; 92
(3) Has agreed to treat any sale of a motor vehicle, 93
trailer, boat, or outboard motor from one of its divisions 94
to another of its divisions as a sale at retail; 95
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(4) Has registered under the fictitious name 96
provisions of sections 417.200 to 417.230 each of its 97
divisions doing business in Missouri as a leasing company; 98
and 99
(5) Operates each of its divisions on a basis separate 100
from each of its other divisions. However, when the 101
transfer of a motor vehicle, trailer, boat or outboard motor 102
occurs within a corporation which holds a license to operate 103
as a motor vehicle or boat dealer pursuant to sections 104
[301.550 to 301.573] 301.1000 to 301.1063 the provisions in 105
subdivision (3) of this subsection shall not apply. 106
8. If the owner of any motor vehicle, trailer, boat, 107
or outboard motor desires to charge and collect sales tax as 108
provided in this section, the owner shall make application 109
to the director of revenue for a permit to operate as a 110
motor vehicle, trailer, boat, or outboard motor leasing 111
company. The director of revenue shall promulgate rules and 112
regulations determining the qualifications of such a 113
company, and the method of collection and reporting of sales 114
tax charged and collected. Such regulations shall apply 115
only to owners of motor vehicles, trailers, boats, or 116
outboard motors, electing to qualify as motor vehicle, 117
trailer, boat, or outboard motor leasing companies under the 118
provisions of subsection 5 of this section, and no motor 119
vehicle renting or leasing, trailer renting or leasing, or 120
boat or outboard motor renting or leasing company can come 121
under sections 144.010, 144.020, 144.070 and 144.440 unless 122
all motor vehicles, trailers, boats, and outboard motors 123
held for renting and leasing are included. 124
9. Any person, company, or corporation engaged in the 125
business of renting or leasing three thousand five hundred 126
or more motor vehicles which are to be used exclusively for 127
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rental or leasing purposes and not for resale, and that has 128
applied to the director of revenue for authority to operate 129
as a leasing company may also operate as a registered fleet 130
owner as prescribed in section 301.032. 131
10. Beginning July 1, 2010, any motor vehicle dealer 132
licensed under section [301.560] 301.1018 engaged in the 133
business of selling motor vehicles or trailers shall apply 134
to the director of revenue for authority to collect and 135
remit the sales tax required under this section on all motor 136
vehicles sold by the motor vehicle dealer. A motor vehicle 137
dealer receiving authority to collect and remit the tax is 138
subject to all provisions under sections 144.010 to 139
144.525. Any motor vehicle dealer authorized to collect and 140
remit sales taxes on motor vehicles under this subsection 141
shall be entitled to deduct and retain an amount equal to 142
two percent of the motor vehicle sales tax pursuant to 143
section 144.140. Any amount of the tax collected under this 144
subsection that is retained by a motor vehicle dealer 145
pursuant to section 144.140 shall not constitute state 146
revenue. In no event shall revenues from the general 147
revenue fund or any other state fund be utilized to 148
compensate motor vehicle dealers for their role in 149
collecting and remitting sales taxes on motor vehicles. In 150
the event this subsection or any portion thereof is held to 151
violate Article IV, Section 30(b) of the Missouri 152
Constitution, no motor vehicle dealer shall be authorized to 153
collect and remit sales taxes on motor vehicles under this 154
section. No motor vehicle dealer shall seek compensation 155
from the state of Missouri or its agencies if a court of 156
competent jurisdiction declares that the retention of two 157
percent of the motor vehicle sales tax is unconstitutional 158
and orders the return of such revenues. 159
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11. (1) Every motor vehicle dealer licensed under 160
section [301.560] 301.1018, as soon as technologically 161
possible following the development and maintenance of a 162
modernized, integrated system for the titling of vehicles, 163
issuance and renewal of vehicle registrations, issuance and 164
renewal of driver's licenses and identification cards, and 165
perfection and release of liens and encumbrances on 166
vehicles, to be funded by the motor vehicle administration 167
technology fund [as created in] under section [301.558] 168
301.1051, shall collect and remit the sales tax required 169
under this section on all motor vehicles that such dealer 170
sells. In collecting and remitting this sales tax, motor 171
vehicle dealers shall be subject to all applicable 172
provisions under sections 144.010 to 144.527. 173
(2) The director of revenue may promulgate all 174
necessary rules and regulations for the administration of 175
this subsection. Any rule or portion of a rule, as that 176
term is defined in section 536.010, that is created under 177
the authority delegated in this subsection shall become 178
effective only if it complies with and is subject to all of 179
the provisions of chapter 536 and, if applicable, section 180
536.028. This subsection and chapter 536 are nonseverable 181
and if any of the powers vested with the general assembly 182
pursuant to chapter 536 to review, to delay the effective 183
date, or to disapprove and annul a rule are subsequently 184
held unconstitutional, then the grant of rulemaking 185
authority and any rule proposed or adopted after August 28, 186
2023, shall be invalid and void. 187
301.010. As used in this chapter and sections 304.010 1
to 304.040, 304.120 to 304.260, and sections 307.010 to 2
307.175, the following terms mean: 3
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(1) "All-terrain vehicle", any motorized vehicle 4
manufactured and used exclusively for off-highway use, with 5
an unladen dry weight of one thousand five hundred pounds or 6
less, traveling on three, four or more nonhighway tires, 7
with either: 8
(a) A seat designed to be straddled by the operator, 9
and handlebars for steering control, but excluding an 10
electric bicycle; or 11
(b) A width of fifty inches or less, measured from 12
outside of tire rim to outside of tire rim, regardless of 13
seating or steering arrangement; 14
(2) "Autocycle", a three-wheeled motor vehicle which 15
the drivers and passengers ride in a partially or completely 16
enclosed nonstraddle seating area, that is designed to be 17
controlled with a steering wheel and pedals, and that has 18
met applicable Department of Transportation National Highway 19
Traffic Safety Administration requirements or federal 20
motorcycle safety standards; 21
(3) "Automobile transporter", any vehicle combination 22
capable of carrying cargo on the power unit and designed and 23
used for the transport of assembled motor vehicles, 24
including truck camper units; 25
(4) "Axle load", the total load transmitted to the 26
road by all wheels whose centers are included between two 27
parallel transverse vertical planes forty inches apart, 28
extending across the full width of the vehicle; 29
(5) "Backhaul", the return trip of a vehicle 30
transporting cargo or general freight, especially when 31
carrying goods back over all or part of the same route; 32
(6) "Boat transporter", any vehicle combination 33
capable of carrying cargo on the power unit and designed and 34
used specifically to transport assembled boats and boat 35
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hulls. Boats may be partially disassembled to facilitate 36
transporting; 37
(7) "Body shop", a business that repairs physical 38
damage on motor vehicles that are not owned by the shop or 39
its officers or employees by mending, straightening, 40
replacing body parts, or painting; 41
(8) "Bus", a motor vehicle primarily for the 42
transportation of a driver and eight or more passengers but 43
not including shuttle buses; 44
(9) "Commercial motor vehicle", a motor vehicle 45
designed or regularly used for carrying freight and 46
merchandise, or more than eight passengers but not including 47
vanpools or shuttle buses; 48
(10) "Cotton trailer", a trailer designed for 49
transporting cotton at speeds less than seventy miles per 50
hour from field to field or from field to market and return; 51
(11) "Dealer", any person, firm, corporation, 52
association, agent or subagent engaged in the sale or 53
exchange of new, used or reconstructed motor vehicles or 54
trailers; 55
(12) "Director" or "director of revenue", the director 56
of the department of revenue; 57
(13) "Driveaway operation": 58
(a) The movement of a motor vehicle or trailer by any 59
person or motor carrier other than a dealer over any public 60
highway, under its own power singly, or in a fixed 61
combination of two or more vehicles, for the purpose of 62
delivery for sale or for delivery either before or after 63
sale; 64
(b) The movement of any vehicle or vehicles, not owned 65
by the transporter, constituting the commodity being 66
transported, by a person engaged in the business of 67
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furnishing drivers and operators for the purpose of 68
transporting vehicles in transit from one place to another 69
by the driveaway or towaway methods; or 70
(c) The movement of a motor vehicle by any person who 71
is lawfully engaged in the business of transporting or 72
delivering vehicles that are not the person's own and 73
vehicles of a type otherwise required to be registered, by 74
the driveaway or towaway methods, from a point of 75
manufacture, assembly or distribution or from the owner of 76
the vehicles to a dealer or sales agent of a manufacturer or 77
to any consignee designated by the shipper or consignor; 78
(14) "Dromedary", a box, deck, or plate mounted behind 79
the cab and forward of the fifth wheel on the frame of the 80
power unit of a truck tractor-semitrailer combination. A 81
truck tractor equipped with a dromedary may carry part of a 82
load when operating independently or in a combination with a 83
semitrailer; 84
(15) "Electric bicycle", a bicycle equipped with fully 85
operable pedals, a saddle or seat for the rider, and an 86
electric motor of less than 750 watts that meets the 87
requirements of one of the following three classes: 88
(a) "Class 1 electric bicycle", an electric bicycle 89
equipped with a motor that provides assistance only when the 90
rider is pedaling and that ceases to provide assistance when 91
the bicycle reaches the speed of twenty miles per hour; 92
(b) "Class 2 electric bicycle", an electric bicycle 93
equipped with a motor that may be used exclusively to propel 94
the bicycle and that is not capable of providing assistance 95
when the bicycle reaches the speed of twenty miles per hour; 96
or 97
(c) "Class 3 electric bicycle", an electric bicycle 98
equipped with a motor that provides assistance only when the 99
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rider is pedaling and that ceases to provide assistance when 100
the bicycle reaches the speed of twenty-eight miles per hour; 101
(16) "Farm tractor", a tractor used exclusively for 102
agricultural purposes; 103
(17) "Fleet", any group of ten or more motor vehicles 104
owned by the same owner; 105
(18) "Fleet vehicle", a motor vehicle which is 106
included as part of a fleet; 107
(19) "Fullmount", a vehicle mounted completely on the 108
frame of either the first or last vehicle in a saddlemount 109
combination; 110
(20) "Gross weight", the weight of vehicle and/or 111
vehicle combination without load, plus the weight of any 112
load thereon; 113
(21) "Hail-damaged vehicle", any vehicle, the body of 114
which has become dented as the result of the impact of hail; 115
(22) "Highway", any public thoroughfare for vehicles, 116
including state roads, county roads and public streets, 117
avenues, boulevards, parkways or alleys in any municipality; 118
(23) "Improved highway", a highway which has been 119
paved with gravel, macadam, concrete, brick or asphalt, or 120
surfaced in such a manner that it shall have a hard, smooth 121
surface; 122
(24) "Intersecting highway", any highway which joins 123
another, whether or not it crosses the same; 124
(25) "Junk vehicle", a vehicle which: 125
(a) Is incapable of operation or use upon the highways 126
and has no resale value except as a source of parts or 127
scrap; or 128
(b) Has been designated as junk or a substantially 129
equivalent designation by this state or any other state; 130
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(26) "Kit vehicle", a motor vehicle assembled by a 131
person other than a generally recognized manufacturer of 132
motor vehicles by the use of a glider kit or replica 133
purchased from an authorized manufacturer and accompanied by 134
a manufacturer's statement of origin; 135
(27) "Land improvement contractors' commercial motor 136
vehicle", any not-for-hire commercial motor vehicle the 137
operation of which is confined to: 138
(a) An area that extends not more than a radius of one 139
hundred fifty miles from its home base of operations when 140
transporting its owner's machinery, equipment, or auxiliary 141
supplies to or from projects involving soil and water 142
conservation, or to and from equipment dealers' maintenance 143
facilities for maintenance purposes; or 144
(b) An area that extends not more than a radius of 145
fifty miles from its home base of operations when 146
transporting its owner's machinery, equipment, or auxiliary 147
supplies to or from projects not involving soil and water 148
conservation. 149
Nothing in this subdivision shall be construed to prevent 150
any motor vehicle from being registered as a commercial 151
motor vehicle or local commercial motor vehicle; 152
(28) "Local commercial motor vehicle", a commercial 153
motor vehicle whose operations are confined to a 154
municipality and that area extending not more than fifty 155
miles therefrom, or a commercial motor vehicle whose 156
property-carrying operations are confined solely to the 157
transportation of property owned by any person who is the 158
owner or operator of such vehicle to or from a farm owned by 159
such person or under the person's control by virtue of a 160
landlord and tenant lease; provided that any such property 161
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transported to any such farm is for use in the operation of 162
such farm; 163
(29) "Local log truck", a commercial motor vehicle 164
which is registered pursuant to this chapter to operate as a 165
motor vehicle on the public highways of this state; used 166
exclusively in this state; used to transport harvested 167
forest products; operated solely at a forested site and in 168
an area extending not more than a one hundred fifty mile 169
radius from such site; and when operated on the national 170
system of interstate and defense highways described in 23 171
U.S.C. Section 103, as amended, or outside the one hundred 172
fifty mile radius from such site with an extended distance 173
local log truck permit, does not have more than four axles, 174
and does not pull a trailer which has more than three 175
axles. Harvesting equipment which is used specifically for 176
cutting, felling, trimming, delimbing, debarking, chipping, 177
skidding, loading, unloading, and stacking may be 178
transported on a local log truck; 179
(30) "Local log truck tractor", a commercial motor 180
vehicle which is registered under this chapter to operate as 181
a motor vehicle on the public highways of this state; used 182
exclusively in this state; used to transport harvested 183
forest products, operated at a forested site and in an area 184
extending not more than a one hundred fifty mile radius from 185
such site; and when operated on the national system of 186
interstate and defense highways described in 23 U.S.C. 187
Section 103, as amended, or outside the one hundred fifty 188
mile radius from such site with an extended distance local 189
log truck permit, does not have more than three axles and 190
does not pull a trailer which has more than three axles; 191
(31) "Local transit bus", a bus whose operations are 192
confined wholly within a municipal corporation, or wholly 193
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within a municipal corporation and a commercial zone, as 194
defined in section 390.020, adjacent thereto, forming a part 195
of a public transportation system within such municipal 196
corporation and such municipal corporation and adjacent 197
commercial zone; 198
(32) "Log truck", a vehicle which is not a local log 199
truck or local log truck tractor and is used exclusively to 200
transport harvested forest products to and from forested 201
sites which is registered pursuant to this chapter to 202
operate as a motor vehicle on the public highways of this 203
state for the transportation of harvested forest products; 204
(33) "Major component parts", the rear clip, cowl, 205
frame, body, cab, front-end assembly, and front clip, as 206
those terms are defined by the director of revenue pursuant 207
to rules and regulations or by illustrations; 208
(34) "Manufacturer", any person, firm, corporation or 209
association engaged in the business of manufacturing or 210
assembling motor vehicles, trailers or vessels for sale; 211
(35) "Motor change vehicle", a vehicle manufactured 212
prior to August, 1957, which receives a new, rebuilt or used 213
engine, and which used the number stamped on the original 214
engine as the vehicle identification number; 215
(36) "Motor vehicle", any self-propelled vehicle not 216
operated exclusively upon tracks, except farm tractors and 217
electric bicycles; 218
(37) "Motor vehicle primarily for business use", any 219
vehicle other than a recreational motor vehicle, motorcycle, 220
motortricycle, or any commercial motor vehicle licensed for 221
over twelve thousand pounds: 222
(a) Offered for hire or lease; or 223
(b) The owner of which also owns ten or more such 224
motor vehicles; 225
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(38) "Motorcycle", a motor vehicle operated on two 226
wheels; 227
(39) "Motorized bicycle", any two-wheeled or three- 228
wheeled device having an automatic transmission and a motor 229
with a cylinder capacity of not more than fifty cubic 230
centimeters, which produces less than three gross brake 231
horsepower, and is capable of propelling the device at a 232
maximum speed of not more than thirty miles per hour on 233
level ground, but excluding an electric bicycle; 234
(40) "Motortricycle", a motor vehicle upon which the 235
operator straddles or sits astride that is designed to be 236
controlled by handle bars and is operated on three wheels, 237
including a motorcycle while operated with any conveyance, 238
temporary or otherwise, requiring the use of a third wheel, 239
but excluding an electric bicycle. A motortricycle shall 240
not be included in the definition of all-terrain vehicle; 241
(41) "Municipality", any city, town or village, 242
whether incorporated or not; 243
(42) "Nonresident", a resident of a state or country 244
other than the state of Missouri; 245
(43) "Non-USA-std motor vehicle", a motor vehicle not 246
originally manufactured in compliance with United States 247
emissions or safety standards; 248
(44) "Operator", any person who operates or drives a 249
motor vehicle; 250
(45) "Owner", any person, firm, corporation or 251
association, who holds the legal title to a vehicle or who 252
has executed a buyer's order or retail installment sales 253
contract with a motor vehicle dealer licensed under sections 254
[301.550 to 301.580] 301.1000 to 301.1063 for the purchase 255
of a vehicle with an immediate right of possession vested in 256
the transferee, or in the event a vehicle is the subject of 257
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an agreement for the conditional sale or lease thereof with 258
the right of purchase upon performance of the conditions 259
stated in the agreement and with an immediate right of 260
possession vested in the conditional vendee or lessee, or in 261
the event a mortgagor of a vehicle is entitled to 262
possession, then such conditional vendee or lessee or 263
mortgagor shall be deemed the owner; 264
(46) "Public garage", a place of business where motor 265
vehicles are housed, stored, repaired, reconstructed or 266
repainted for persons other than the owners or operators of 267
such place of business; 268
(47) "Rebuilder", a business that repairs or rebuilds 269
motor vehicles owned by the rebuilder, but does not include 270
certificated common or contract carriers of persons or 271
property; 272
(48) "Reconstructed motor vehicle", a vehicle that is 273
altered from its original construction by the addition or 274
substitution of two or more new or used major component 275
parts, excluding motor vehicles made from all new parts, and 276
new multistage manufactured vehicles; 277
(49) "Recreational motor vehicle", any motor vehicle 278
designed, constructed or substantially modified so that it 279
may be used and is used for the purposes of temporary 280
housing quarters, including therein sleeping and eating 281
facilities which are either permanently attached to the 282
motor vehicle or attached to a unit which is securely 283
attached to the motor vehicle. Nothing herein shall prevent 284
any motor vehicle from being registered as a commercial 285
motor vehicle if the motor vehicle could otherwise be so 286
registered; 287
(50) "Recreational off-highway vehicle", any motorized 288
vehicle manufactured and used exclusively for off-highway 289
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use which is more than fifty inches but no more than eighty 290
inches in width, measured from outside of tire rim to 291
outside of tire rim, with an unladen dry weight of three 292
thousand five hundred pounds or less, traveling on four or 293
more nonhighway tires and which may have access to ATV 294
trails; 295
(51) "Recreational trailer", any trailer designed, 296
constructed, or substantially modified so that it may be 297
used and is used for the purpose of temporary housing 298
quarters, including therein sleeping or eating facilities, 299
which can be temporarily attached to a motor vehicle or 300
attached to a unit which is securely attached to a motor 301
vehicle; 302
(52) "Rollback or car carrier", any vehicle 303
specifically designed to transport wrecked, disabled or 304
otherwise inoperable vehicles, when the transportation is 305
directly connected to a wrecker or towing service; 306
(53) "Saddlemount combination", a combination of 307
vehicles in which a truck or truck tractor tows one or more 308
trucks or truck tractors, each connected by a saddle to the 309
frame or fifth wheel of the vehicle in front of it. The 310
"saddle" is a mechanism that connects the front axle of the 311
towed vehicle to the frame or fifth wheel of the vehicle in 312
front and functions like a fifth wheel kingpin connection. 313
When two vehicles are towed in this manner the combination 314
is called a "double saddlemount combination". When three 315
vehicles are towed in this manner, the combination is called 316
a "triple saddlemount combination"; 317
(54) "Salvage dealer and dismantler", a business that 318
dismantles used motor vehicles for the sale of the parts 319
thereof, and buys and sells used motor vehicle parts and 320
accessories; 321
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(55) "Salvage vehicle", a motor vehicle, semitrailer, 322
or house trailer which: 323
(a) Was damaged during a year that is no more than six 324
years after the manufacturer's model year designation for 325
such vehicle to the extent that the total cost of repairs to 326
rebuild or reconstruct the vehicle to its condition 327
immediately before it was damaged for legal operation on the 328
roads or highways exceeds eighty percent of the fair market 329
value of the vehicle immediately preceding the time it was 330
damaged; 331
(b) By reason of condition or circumstance, has been 332
declared salvage, either by its owner, or by a person, firm, 333
corporation, or other legal entity exercising the right of 334
security interest in it; 335
(c) Has been declared salvage by an insurance company 336
as a result of settlement of a claim; 337
(d) Ownership of which is evidenced by a salvage 338
title; or 339
(e) Is abandoned property which is titled pursuant to 340
section 304.155 or section 304.157 and designated with the 341
words "salvage/abandoned property". The total cost of 342
repairs to rebuild or reconstruct the vehicle shall not 343
include the cost of repairing, replacing, or reinstalling 344
inflatable safety restraints, tires, sound systems, or 345
damage as a result of hail, or any sales tax on parts or 346
materials to rebuild or reconstruct the vehicle. For 347
purposes of this definition, "fair market value" means the 348
retail value of a motor vehicle as: 349
a. Set forth in a current edition of any nationally 350
recognized compilation of retail values, including automated 351
databases, or from publications commonly used by the 352
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automotive and insurance industries to establish the values 353
of motor vehicles; 354
b. Determined pursuant to a market survey of 355
comparable vehicles with regard to condition and equipment; 356
and 357
c. Determined by an insurance company using any other 358
procedure recognized by the insurance industry, including 359
market surveys, that is applied by the company in a uniform 360
manner; 361
(56) "School bus", any motor vehicle used solely to 362
transport students to or from school or to transport 363
students to or from any place for educational purposes; 364
(57) "Scrap processor", a business that, through the 365
use of fixed or mobile equipment, flattens, crushes, or 366
otherwise accepts motor vehicles and vehicle parts for 367
processing or transportation to a shredder or scrap metal 368
operator for recycling; 369
(58) "Shuttle bus", a motor vehicle used or maintained 370
by any person, firm, or corporation as an incidental service 371
to transport patrons or customers of the regular business of 372
such person, firm, or corporation to and from the place of 373
business of the person, firm, or corporation providing the 374
service at no fee or charge. Shuttle buses shall not be 375
registered as buses or as commercial motor vehicles; 376
(59) "Special mobile equipment", every self-propelled 377
vehicle not designed or used primarily for the 378
transportation of persons or property and incidentally 379
operated or moved over the highways, including farm 380
equipment, implements of husbandry, road construction or 381
maintenance machinery, ditch-digging apparatus, stone 382
crushers, air compressors, power shovels, cranes, graders, 383
rollers, well-drillers and wood-sawing equipment used for 384
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hire, asphalt spreaders, bituminous mixers, bucket loaders, 385
ditchers, leveling graders, finished machines, motor 386
graders, road rollers, scarifiers, earth-moving carryalls, 387
scrapers, drag lines, concrete pump trucks, rock-drilling 388
and earth-moving equipment. This enumeration shall be 389
deemed partial and shall not operate to exclude other such 390
vehicles which are within the general terms of this section; 391
(60) "Specially constructed motor vehicle", a motor 392
vehicle which shall not have been originally constructed 393
under a distinctive name, make, model or type by a 394
manufacturer of motor vehicles. The term specially 395
constructed motor vehicle includes kit vehicles; 396
(61) "Stinger-steered combination", a truck tractor- 397
semitrailer wherein the fifth wheel is located on a drop 398
frame located behind and below the rearmost axle of the 399
power unit; 400
(62) "Tandem axle", a group of two or more axles, 401
arranged one behind another, the distance between the 402
extremes of which is more than forty inches and not more 403
than ninety-six inches apart; 404
(63) "Towaway trailer transporter combination", a 405
combination of vehicles consisting of a trailer transporter 406
towing unit and two trailers or semitrailers, with a total 407
weight that does not exceed twenty-six thousand pounds; and 408
in which the trailers or semitrailers carry no property and 409
constitute inventory property of a manufacturer, 410
distributer, or dealer of such trailers or semitrailers; 411
(64) "Tractor", "truck tractor" or "truck-tractor", a 412
self-propelled motor vehicle designed for drawing other 413
vehicles, but not for the carriage of any load when 414
operating independently. When attached to a semitrailer, it 415
supports a part of the weight thereof; 416
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(65) "Trailer", any vehicle without motive power 417
designed for carrying property or passengers on its own 418
structure and for being drawn by a self-propelled vehicle, 419
except those running exclusively on tracks, including a 420
semitrailer or vehicle of the trailer type so designed and 421
used in conjunction with a self-propelled vehicle that a 422
considerable part of its own weight rests upon and is 423
carried by the towing vehicle. The term trailer shall not 424
include cotton trailers as defined in this section and shall 425
not include manufactured homes as defined in section 700.010; 426
(66) "Trailer transporter towing unit", a power unit 427
that is not used to carry property when operating in a 428
towaway trailer transporter combination; 429
(67) "Truck", a motor vehicle designed, used, or 430
maintained for the transportation of property; 431
(68) "Truck-tractor semitrailer-semitrailer", a 432
combination vehicle in which the two trailing units are 433
connected with a B-train assembly which is a rigid frame 434
extension attached to the rear frame of a first semitrailer 435
which allows for a fifth-wheel connection point for the 436
second semitrailer and has one less articulation point than 437
the conventional A-dolly connected truck-tractor semitrailer- 438
trailer combination; 439
(69) "Truck-trailer boat transporter combination", a 440
boat transporter combination consisting of a straight truck 441
towing a trailer using typically a ball and socket 442
connection with the trailer axle located substantially at 443
the trailer center of gravity rather than the rear of the 444
trailer but so as to maintain a downward force on the 445
trailer tongue; 446
(70) "Used parts dealer", a business that buys and 447
sells used motor vehicle parts or accessories, but not 448
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including a business that sells only new, remanufactured or 449
rebuilt parts. Business does not include isolated sales at 450
a swap meet of less than three days; 451
(71) "Utility vehicle", any motorized vehicle 452
manufactured and used exclusively for off-highway use which 453
is more than fifty inches but no more than eighty inches in 454
width, measured from outside of tire rim to outside of tire 455
rim, with an unladen dry weight of three thousand five 456
hundred pounds or less, traveling on four or six wheels, to 457
be used primarily for landscaping, lawn care, or maintenance 458
purposes; 459
(72) "Vanpool", any van or other motor vehicle used or 460
maintained by any person, group, firm, corporation, 461
association, city, county or state agency, or any member 462
thereof, for the transportation of not less than eight nor 463
more than forty-eight employees, per motor vehicle, to and 464
from their place of employment; however, a vanpool shall not 465
be included in the definition of the term bus or commercial 466
motor vehicle as defined in this section, nor shall a 467
vanpool driver be deemed a chauffeur as that term is defined 468
by section 303.020; nor shall use of a vanpool vehicle for 469
ride-sharing arrangements, recreational, personal, or 470
maintenance uses constitute an unlicensed use of the motor 471
vehicle, unless used for monetary profit other than for use 472
in a ride-sharing arrangement; 473
(73) "Vehicle", any mechanical device on wheels, 474
designed primarily for use, or used, on highways, except 475
motorized bicycles, electric bicycles, vehicles propelled or 476
drawn by horses or human power, or vehicles used exclusively 477
on fixed rails or tracks, or cotton trailers or motorized 478
wheelchairs operated by handicapped persons; 479
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(74) "Wrecker" or "tow truck", any emergency 480
commercial vehicle equipped, designed and used to assist or 481
render aid and transport or tow disabled or wrecked vehicles 482
from a highway, road, street or highway rights-of-way to a 483
point of storage or repair, including towing a replacement 484
vehicle to replace a disabled or wrecked vehicle; 485
(75) "Wrecker or towing service", the act of 486
transporting, towing or recovering with a wrecker, tow 487
truck, rollback or car carrier any vehicle not owned by the 488
operator of the wrecker, tow truck, rollback or car carrier 489
for which the operator directly or indirectly receives 490
compensation or other personal gain. 491
301.020. 1. Every owner of a motor vehicle or 1
trailer, which shall be operated or driven upon the highways 2
of this state, except as herein otherwise expressly 3
provided, shall annually file, by mail or otherwise, in the 4
office of the director of revenue, an application for 5
registration on a blank to be furnished by the director of 6
revenue for that purpose containing: 7
(1) A brief description of the motor vehicle or 8
trailer to be registered, including the name of the 9
manufacturer, the vehicle identification number, the amount 10
of motive power of the motor vehicle, stated in figures of 11
horsepower and whether the motor vehicle is to be registered 12
as a motor vehicle primarily for business use as defined in 13
section 301.010; 14
(2) The name, the applicant's identification number 15
and address of the owner of such motor vehicle or trailer; 16
(3) The gross weight of the vehicle and the desired 17
load in pounds if the vehicle is a commercial motor vehicle 18
or trailer. 19
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2. If the vehicle is a motor vehicle primarily for 20
business use as defined in section 301.010 and if such 21
vehicle is ten years of age or less and has less than one 22
hundred fifty thousand miles on the odometer, the director 23
of revenue shall retain the odometer information provided in 24
the vehicle inspection report, and provide for prompt access 25
to such information, together with the vehicle 26
identification number for the motor vehicle to which such 27
information pertains, for a period of ten years after the 28
receipt of such information. This section shall not apply 29
unless: 30
(1) The application for the vehicle's certificate of 31
ownership was submitted after July 1, 1989; and 32
(2) The certificate was issued pursuant to a 33
manufacturer's statement of origin. 34
3. If the vehicle is any motor vehicle other than a 35
motor vehicle primarily for business use, a recreational 36
motor vehicle, motorcycle, motortricycle, autocycle, bus, or 37
any commercial motor vehicle licensed for over twelve 38
thousand pounds and if such motor vehicle is ten years of 39
age or less and has less than one hundred fifty thousand 40
miles on the odometer, the director of revenue shall retain 41
the odometer information provided in the vehicle inspection 42
report, and provide for prompt access to such information, 43
together with the vehicle identification number for the 44
motor vehicle to which such information pertains, for a 45
period of ten years after the receipt of such information. 46
This subsection shall not apply unless: 47
(1) The application for the vehicle's certificate of 48
ownership was submitted after July 1, 1990; and 49
(2) The certificate was issued pursuant to a 50
manufacturer's statement of origin. 51
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4. If the vehicle qualifies as a reconstructed motor 52
vehicle, motor change vehicle, specially constructed motor 53
vehicle, non-USA-std motor vehicle, as defined in section 54
301.010, or prior salvage [as referenced in section 55
301.573], the owner or lienholder shall surrender the 56
certificate of ownership. The owner shall make an 57
application for a new certificate of ownership, pay the 58
required title fee, and obtain the vehicle examination 59
certificate required pursuant to subsection 9 of section 60
301.190. If an insurance company pays a claim on a salvage 61
vehicle as defined in section 301.010 and the owner retains 62
the vehicle, as prior salvage, the vehicle shall only be 63
required to meet the examination requirements under 64
subsection 10 of section 301.190. Notarized bills of sale 65
along with a copy of the front and back of the certificate 66
of ownership for all major component parts installed on the 67
vehicle and invoices for all essential parts which are not 68
defined as major component parts shall accompany the 69
application for a new certificate of ownership. If the 70
vehicle is a specially constructed motor vehicle, as defined 71
in section 301.010, two pictures of the vehicle shall be 72
submitted with the application. If the vehicle is a kit 73
vehicle, the applicant shall submit the invoice and the 74
manufacturer's statement of origin on the kit. If the 75
vehicle requires the issuance of a special number by the 76
director of revenue or a replacement vehicle identification 77
number, the applicant shall submit the required application 78
and application fee. All applications required under this 79
subsection shall be submitted with any applicable taxes 80
which may be due on the purchase of the vehicle or parts. 81
The director of revenue shall appropriately designate 82
"Reconstructed Motor Vehicle", "Motor Change Vehicle", "Non- 83
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USA-Std Motor Vehicle", or "Specially Constructed Motor 84
Vehicle" on the current and all subsequent issues of the 85
certificate of ownership of such vehicle. 86
5. Every insurance company that pays a claim for 87
repair of a motor vehicle which as the result of such 88
repairs becomes a reconstructed motor vehicle as defined in 89
section 301.010 or that pays a claim on a salvage vehicle as 90
defined in section 301.010 and the owner is retaining the 91
vehicle shall in writing notify the owner of the vehicle, 92
and in a first party claim, the lienholder if a lien is in 93
effect, that he is required to surrender the certificate of 94
ownership, and the documents and fees required pursuant to 95
subsection 4 of this section to obtain a prior salvage motor 96
vehicle certificate of ownership or documents and fees as 97
otherwise required by law to obtain a salvage certificate of 98
ownership, from the director of revenue. The insurance 99
company shall within thirty days of the payment of such 100
claims report to the director of revenue the name and 101
address of such owner, the year, make, model, vehicle 102
identification number, and license plate number of the 103
vehicle, and the date of loss and payment. 104
6. Anyone who fails to comply with the requirements of 105
this section shall be guilty of a class B misdemeanor. 106
7. An applicant for registration may make a donation 107
of one dollar to promote a blindness education, screening 108
and treatment program. The director of revenue shall 109
collect the donations and deposit all such donations in the 110
state treasury to the credit of the blindness education, 111
screening and treatment program fund established in section 112
209.015. Moneys in the blindness education, screening and 113
treatment program fund shall be used solely for the purposes 114
established in section 209.015; except that the department 115
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of revenue shall retain no more than one percent for its 116
administrative costs. The donation prescribed in this 117
subsection is voluntary and may be refused by the applicant 118
for registration at the time of issuance or renewal. The 119
director shall inquire of each applicant at the time the 120
applicant presents the completed application to the director 121
whether the applicant is interested in making the one dollar 122
donation prescribed in this subsection. 123
8. An applicant for registration may make a donation 124
of an amount not less than one dollar to promote an organ 125
donor program. The director of revenue shall collect the 126
donations and deposit all such donations in the state 127
treasury to the credit of the organ donor program fund as 128
established in sections 194.297 to 194.304. Moneys in the 129
organ donor fund shall be used solely for the purposes 130
established in sections 194.297 to 194.304, except that the 131
department of revenue shall retain no more than one percent 132
for its administrative costs. The donation prescribed in 133
this subsection is voluntary and may be refused by the 134
applicant for registration at the time of issuance or 135
renewal. The director shall inquire of each applicant at 136
the time the applicant presents the completed application to 137
the director whether the applicant is interested in making a 138
contribution not less than one dollar as prescribed in this 139
subsection. 140
9. An applicant for registration may make a donation 141
of one dollar to the Missouri medal of honor recipients 142
fund. The director of revenue shall collect the donations 143
and deposit all such donations in the state treasury to the 144
credit of the Missouri medal of honor recipients fund as 145
established in section 226.925. Moneys in the medal of 146
honor recipients fund shall be used solely for the purposes 147
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established in section 226.925, except that the department 148
of revenue shall retain no more than one percent for its 149
administrative costs. The donation prescribed in this 150
subsection is voluntary and may be refused by the applicant 151
for registration at the time of issuance or renewal. The 152
director shall inquire of each applicant at the time the 153
applicant presents the completed application to the director 154
whether the applicant is interested in making the one dollar 155
donation prescribed in this subsection. 156
301.210. 1. In the event of a sale or transfer of 1
ownership of a motor vehicle or trailer for which a 2
certificate of ownership has been issued, the holder of such 3
certificate shall endorse on the same an assignment thereof, 4
with warranty of title in form printed thereon, and 5
prescribed by the director of revenue, with a statement of 6
all liens or encumbrances on such motor vehicle or trailer, 7
and deliver the same to the buyer at the time of the 8
delivery to him of such motor vehicle or trailer; provided 9
that, when the transfer of a motor vehicle, trailer, boat or 10
outboard motor occurs within a corporation which holds a 11
license to operate as a motor vehicle or boat dealer 12
pursuant to sections [301.550 to 301.575] 301.1000 to 13
301.1063, the provisions of subdivision (3) of subsection 7 14
of section 144.070 shall not apply. 15
2. The buyer shall then present such certificate, 16
assigned as aforesaid, to the director of revenue, at the 17
time of making application for the registration of such 18
motor vehicle or trailer, whereupon a new certificate of 19
ownership shall be issued to the buyer, the fee therefor 20
being that prescribed in subsection 5 of section 301.190. 21
3. If such motor vehicle or trailer is sold to a 22
resident of another state or country, or if such motor 23
SB 1056 29
vehicle or trailer is destroyed or dismantled, the owner 24
thereof shall immediately notify the director of revenue. 25
Certificates when so signed and returned to the director of 26
revenue shall be retained by the director of revenue and all 27
certificates shall be appropriately indexed so that at all 28
times it will be possible for him to expeditiously trace the 29
ownership of the motor vehicle or trailer designated therein. 30
4. It shall be unlawful for any person to buy or sell 31
in this state any motor vehicle or trailer registered under 32
the laws of this state, unless, at the time of the delivery 33
thereof, there shall pass between the parties such 34
certificates of ownership with an assignment thereof, as 35
provided in this section, and the sale of any motor vehicle 36
or trailer registered under the laws of this state, without 37
the assignment of such certificate of ownership, shall be 38
presumed fraudulent and void unless the parties have 39
executed a written agreement for delayed delivery of 40
certificate of ownership as provided in subsection 5 of this 41
section. 42
5. (1) A motor vehicle dealer licensed under sections 43
[301.550 to 301.580] 301.1000 to 301.1063 may deliver a 44
motor vehicle or trailer to a purchaser with a written 45
agreement to pass the certificate of ownership with an 46
assignment to the purchaser within thirty days after 47
delivery, inclusive of weekends and holidays. 48
(2) The form of the agreement shall be prescribed by 49
the director of revenue. The agreement shall provide that 50
if the motor vehicle dealer does not pass the certificate of 51
ownership with an assignment to the purchaser within thirty 52
days that the sale shall be voidable at purchaser's option 53
and, in such case, dealer shall repurchase the vehicle by 54
paying and satisfying in full any purchase money lien 55
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against the vehicle, including accrued penalties and fees, 56
with the remainder of one hundred percent of the sale price 57
refunded and paid by the dealer to the buyer. As used in 58
this subdivision, the term "sale price" shall include the 59
negotiated price of the vehicle, the down payment, the trade- 60
in allowance even if the allowance reflected negative 61
equity, and the price of all optional services and products 62
sold to the buyer under the sales and finance transaction. 63
(3) In the event a motor vehicle subject to this 64
subsection has suffered physical damage covered by the 65
purchaser's vehicle insurance policy and the vehicle is 66
determined by the insurance company to be a total loss, the 67
insurance company may satisfy the claim in full, with 68
respect to the damage to the vehicle, by transferring all 69
proceeds to such purchaser and any secured lienholder of 70
record. The purchaser shall not assign the purchaser's 71
corresponding insurance benefits to any party without the 72
express written permission of the insurer. In conjunction 73
with such satisfaction of the claim, if as part of such 74
claim settlement the insurance company is to receive the 75
vehicle under subdivision (4) of this subsection, but clear 76
title never vests with the purchaser within the thirty-day 77
period after the date of sale prescribed by subdivision (2) 78
of this subsection or within ten days of the claim 79
settlement date, whichever is later, the insurance company 80
shall notify the dealer that clear title never vested with 81
the purchaser and the dealer shall reimburse the insurance 82
company for the salvage value of such vehicle as determined 83
in the claims settlement with the purchaser, and in exchange 84
the insurance company shall assign its rights to the vehicle 85
back to the dealer. If the dealer fails to make payment to 86
the insurance company within fifteen days of receiving 87
SB 1056 31
notice, the dealer shall be liable to the insurance company 88
for the value of the salvage as determined in the claims 89
settlement with the purchaser, plus any actual damages and 90
any applicable court costs, in return for the right to 91
acquire the title and apply for a salvage title under this 92
chapter. 93
(4) Notwithstanding any provision of law to the 94
contrary, completion of the requirements of this subsection 95
shall constitute prima facie evidence of an ownership 96
interest vested in the purchaser of the vehicle for all 97
purposes other than for a subsequent transfer of ownership 98
of the vehicle by the purchaser, subject to the rights of 99
any secured lienholder of record; however, the purchaser may 100
use a dealer-supplied copy of the agreement to transfer his 101
or her ownership of the vehicle to an insurance company in 102
situations where the vehicle has been declared salvage or a 103
total loss by the insurance company as a result of a 104
settlement of a claim. Such insurance company may apply for 105
a salvage certificate of title or junking certificate under 106
subsection 3 of section 301.193 in order to transfer its 107
interest in such vehicle. The purchaser may also use a 108
dealer-supplied copy of the agreement on the form prescribed 109
by the director of revenue as proof of ownership interest. 110
Any lender or insurance company may rely upon a copy of the 111
signed written agreement on the form prescribed by the 112
director of revenue as proof of ownership interest. Any 113
lien placed upon a vehicle based upon such signed written 114
agreement shall be valid and enforceable, notwithstanding 115
the absence of a certificate of ownership. 116
(5) No motor vehicle dealer shall be authorized under 117
this subsection to enter and have outstanding any such 118
written agreements until such dealer has provided to the 119
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director of revenue a surety bond or irrevocable letter of 120
credit in an amount not less than one hundred thousand 121
dollars in a form which complies with the requirements of 122
section [301.560] 301.1018 and in lieu of the fifty thousand 123
dollar bond otherwise required for licensure as a motor 124
vehicle dealer. 125
301.213. 1. Notwithstanding the provisions of 1
sections 301.200 and 301.210, any person licensed as a motor 2
vehicle dealer under sections [301.550 to 301.580] 301.1000 3
to 301.1063 that has provided to the director of revenue a 4
surety bond or irrevocable letter of credit in an amount not 5
less than one hundred thousand dollars in a form which 6
complies with the requirements of section [301.560] 301.1018 7
and in lieu of the fifty thousand dollar bond otherwise 8
required for licensure as a motor vehicle dealer shall be 9
authorized to purchase or accept in trade any motor vehicle 10
for which there has been issued a certificate of ownership, 11
and to receive such vehicle subject to any existing liens 12
thereon created and perfected under sections 301.600 to 13
301.660 provided the licensed dealer receives the following: 14
(1) A signed written contract between the licensed 15
dealer and the owner of the vehicle outlining the terms of 16
the sale or acceptance in trade of such motor vehicle 17
without transfer of the certificate of ownership; and 18
(2) Physical delivery of the vehicle to the licensed 19
dealer; and 20
(3) A power of attorney from the owner to the licensed 21
dealer, in accordance with subsection 4 of section 301.300, 22
authorizing the licensed dealer to obtain a duplicate or 23
replacement title in the owner's name and sign any title 24
assignments on the owner's behalf. 25
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2. If the dealer complies with the requirements of 26
subsection 1 of this section, the sale or trade of the 27
vehicle to the dealer shall be considered final, subject to 28
any existing liens created and perfected under sections 29
301.600 to 301.660. Once the prior owner of the motor 30
vehicle has physically delivered the motor vehicle to the 31
licensed dealer, the prior owners' insurable interest in 32
such vehicle shall cease to exist. 33
3. If a licensed dealer complies with the requirements 34
of subsection 1 of this section, and such dealer has 35
provided to the director of revenue a surety bond or 36
irrevocable letter of credit in amount not less than one 37
hundred thousand dollars in a form which complies with the 38
requirements of section [301.560] 301.1018 and in lieu of 39
the fifty thousand dollar bond otherwise required for 40
licensure as a motor vehicle dealer, such dealer may sell 41
such vehicle prior to receiving and assigning to the 42
purchaser the certificate of ownership, provided such dealer 43
complies with the following: 44
(1) All outstanding liens created on the vehicle 45
pursuant to sections 301.600 to 301.660 have been paid in 46
full, and the dealer provides a copy of proof or other 47
evidence to the purchaser; and 48
(2) The dealer has obtained proof or other evidence 49
from the department of revenue confirming that no 50
outstanding child support liens exist upon the vehicle at 51
the time of sale and provides a copy of said proof or other 52
evidence to the purchaser; and 53
(3) The dealer has obtained proof or other evidence 54
from the department of revenue confirming that all 55
applicable state sales tax has been satisfied on the sale of 56
SB 1056 34
the vehicle to the previous owner and provides a copy of 57
said proof or other evidence to the purchaser; and 58
(4) The dealer has signed an application for duplicate 59
or replacement title for the vehicle under subsection 4 of 60
section 301.300 and provides a copy of the application to 61
the purchaser, along with a copy of the power of attorney 62
required by subsection 1 of this section, and the dealer has 63
prepared and delivered to the purchaser an application for 64
title for the vehicle in the purchaser's name; and 65
(5) The dealer and the purchaser have entered into a 66
written agreement for the subsequent assignment and delivery 67
of such certificate of ownership, on a form prescribed by 68
the director of revenue, to take place at a time, not to 69
exceed sixty calendar days, after the time of delivery of 70
the motor vehicle to the purchaser. Such agreement shall 71
require the purchaser to provide to the dealer proof of 72
financial responsibility in accordance with chapter 303 and 73
proof of comprehensive and collision coverage on the motor 74
vehicle. Such dealer shall maintain the original or an 75
electronic copy of the signed agreement and deliver a copy 76
of the signed agreement to the purchaser. Such dealer shall 77
also complete and deliver to the director of revenue such 78
form as the director shall prescribe demonstrating that the 79
purchaser has purchased the vehicle without contemporaneous 80
delivery of the title. 81
Notwithstanding any provision of law to the contrary, 82
completion of the requirements of this subsection shall 83
constitute prima facie evidence of an ownership interest 84
vested in the purchaser of the vehicle for all purposes 85
other than for a subsequent transfer of ownership of the 86
vehicle by the purchaser, subject to the rights of any 87
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secured lienholder of record; however, the purchaser may use 88
the dealer-supplied copy of the agreement to transfer his or 89
her ownership of the vehicle to an insurance company in 90
situations where the vehicle has been declared salvage or a 91
total loss by the insurance company as a result of a 92
settlement of a claim. Such insurance company may apply for 93
a salvage certificate of title or junking certificate 94
pursuant to the provisions of subsection 3 of section 95
301.193 in order to transfer its interest in such vehicle. 96
The purchaser may also use the dealer-supplied copy of the 97
agreement on the form prescribed by the director of revenue 98
as proof of ownership interest. Any lender or insurance 99
company may rely upon a copy of the signed written agreement 100
on the form prescribed by the director of revenue as proof 101
of ownership interest. Any lien placed upon a vehicle based 102
upon such signed written agreement shall be valid and 103
enforceable, notwithstanding the absence of a certificate of 104
ownership. 105
4. Following a sale or other transaction in which a 106
certificate of ownership has not been assigned from the 107
owner to the licensed dealer, the dealer shall, within ten 108
business days, apply for a duplicate or replacement 109
certificate of ownership. Upon receipt of a duplicate or 110
replacement certificate of ownership applied for under 111
subsection 4 of section 301.300, the dealer shall assign and 112
deliver said certificate of ownership to the purchaser of 113
the vehicle within five business days. The dealer shall 114
maintain proof of the assignment and delivery of the 115
certificate of ownership to the purchaser. For purposes of 116
this subsection, a dealer shall be deemed to have delivered 117
the certificate of ownership to the purchaser upon either: 118
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(1) Physical delivery of the certificate of ownership 119
to any of the purchasers identified in the contract with 120
such dealer; or 121
(2) Mailing of the certificate, postage prepaid, 122
return receipt requested, to any of the purchasers at any of 123
their addresses identified in the contract with such dealer. 124
5. If a licensed dealer fails to comply with 125
subsection 3 of this section, and the purchaser of the 126
vehicle is thereby damaged, then the dealer shall be liable 127
to the purchaser of the vehicle for actual damages, plus 128
court costs and reasonable attorney fees. 129
6. If a licensed dealer fails or is unable to comply 130
with subsection 4 of this section, and the purchaser of the 131
vehicle is thereby damaged, then the dealer shall be liable 132
to the purchaser of the vehicle for actual damages, plus 133
court costs and reasonable attorney fees. If the dealer 134
cannot be found by the purchaser after making reasonable 135
attempts, or if the dealer fails to assign and deliver the 136
duplicate or replacement certificate of ownership to the 137
purchaser by the date agreed upon by the dealer and the 138
purchaser, as required by subsection 4 of this section, then 139
the purchaser may deliver to the director a copy of the 140
contract for sale of the vehicle, a copy of the application 141
for duplicate title provided by the dealer to the purchaser, 142
a copy of the secure power of attorney allowing the dealer 143
to assign the duplicate title, and the proof or other 144
evidence obtained by the purchaser from the dealer under 145
subsection 3 of this section. Thereafter, the director 146
shall mail by certified mail, return receipt requested, a 147
notice to the dealer at the last address given to the 148
department by that dealer. That notice shall inform the 149
dealer that the director intends to cancel any prior 150
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certificate of title which may have been issued to the 151
dealer on the vehicle and issue to the purchaser a 152
certificate of title in the name of the purchaser, subject 153
to any liens incurred by the purchaser in connection with 154
the purchase of the vehicle, unless the dealer, within ten 155
business days from the date of the director's notice, files 156
with the director a written objection to the director taking 157
such action. If the dealer does file a timely, written 158
objection with the director, then the director shall not 159
take any further action without an order from a court of 160
competent jurisdiction. However, if the dealer does not 161
file a timely, written objection with the director, then the 162
director shall cancel the prior certificate of title issued 163
to the dealer on the vehicle and issue a certificate of 164
title to the purchaser of the vehicle, subject to any liens 165
incurred by the purchaser in connection with the purchase of 166
the vehicle and subject to the purchaser satisfying all 167
applicable taxes and fees associated with registering the 168
vehicle. 169
7. If a seller misrepresents to a dealer that the 170
seller is the owner of a vehicle and the dealer, the owner, 171
any subsequent purchaser, or any prior or subsequent 172
lienholder is thereby damaged, then the seller shall be 173
liable to each such party for actual and punitive damages, 174
plus court costs and reasonable attorney fees. 175
8. When a lienholder is damaged as a result of a 176
licensed dealer's acts, errors, omissions, or violations of 177
this section, then the dealer shall be liable to the 178
lienholder for actual damages, plus court costs and 179
reasonable attorney fees. 180
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9. No court costs or attorney fees shall be awarded 181
under this section unless, prior to filing any such action, 182
the following conditions have been met: 183
(1) The aggrieved party seeking damages has delivered 184
an itemized written demand of the party's actual damages to 185
the party from whom damages are sought; and 186
(2) The party from whom damages are sought has not 187
satisfied the written demand within thirty days after 188
receipt of the written demand. 189
10. The department of revenue may use a dealer's 190
repeated or intentional violation of this section as a cause 191
to suspend, revoke, or refuse to issue or renew any license 192
required pursuant to sections [301.550 to 301.580] 301.1000 193
to 301.1063, in addition to the causes set forth in section 194
[301.562] 301.1030. The hearing process shall be the same 195
as that established in subsection 6 of section [301.562] 196
301.1030. 197
11. No dealer shall enter into a contract under this 198
section after December 31, 2020. Any contract entered into 199
prior to December 31, 2020, shall be enforceable as provided 200
in this section. This section shall be repealed effective 201
December 31, 2020. 202
301.218. 1. No person shall, except as an incident to 1
the sale, repair, rebuilding or servicing of vehicles by a 2
licensed franchised motor vehicle dealer, carry on or 3
conduct the following business unless licensed to do so by 4
the department of revenue under sections 301.217 to 301.229: 5
(1) Selling used parts of or used accessories for 6
vehicles as a used parts dealer, as defined in section 7
301.010; 8
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(2) Salvaging, wrecking or dismantling vehicles for 9
resale of the parts thereof as a salvage dealer or 10
dismantler, as defined in section 301.010; 11
(3) Rebuilding and repairing four or more wrecked or 12
dismantled vehicles in a calendar year as a rebuilder or 13
body shop, as defined in section 301.010; 14
(4) Processing scrapped vehicles or vehicle parts as a 15
scrap processor, as defined in section 301.010. 16
2. Sales at a salvage pool or a salvage disposal sale 17
shall be open only to and made to persons actually engaged 18
in and holding a current license under sections 301.217 to 19
301.221 and [301.550 to 301.573] 301.1000 to 301.1063 or any 20
person from another state or jurisdiction who is legally 21
allowed in his or her state of domicile to purchase for 22
resale, rebuild, dismantle, crush, or scrap either motor 23
vehicles or salvage vehicles, and to persons who reside in a 24
foreign country that are purchasing salvage vehicles for 25
export outside of the United States. Operators of salvage 26
pools or salvage disposal sales shall keep a record, for 27
three years, of sales of salvage vehicles with the 28
purchasers' name and address, and the year, make, and 29
vehicle identification number for each vehicle. These 30
records shall be open for inspection as provided in section 31
301.225. Such records shall be submitted to the department 32
on a quarterly basis. 33
3. The operator of a salvage pool or salvage disposal 34
sale, or subsequent purchaser, who sells a nonrepairable 35
motor vehicle or a salvage motor vehicle to a person who is 36
not a resident of the United States at a salvage pool or a 37
salvage disposal sale shall: 38
(1) Stamp on the face of the title so as not to 39
obscure any name, date, or mileage statement on the title 40
SB 1056 40
the words "FOR EXPORT ONLY" in capital letters that are 41
black; and 42
(2) Stamp in each unused reassignment space on the 43
back of the title the words "FOR EXPORT ONLY" and print the 44
number of the dealer's salvage vehicle license, name of the 45
salvage pool, or the name of the governmental entity, as 46
applicable. 47
The words "FOR EXPORT ONLY" required under subdivisions (1) 48
and (2) of this subsection shall be at least two inches wide 49
and clearly legible. Copies of the stamped titles shall be 50
forwarded to the department. 51
4. The director of revenue shall issue a separate 52
license for each kind of business described in subsection 1 53
of this section, to be entitled and designated as either 54
"used parts dealer"; "salvage dealer or dismantler"; 55
"rebuilder or body shop"; or "scrap processor" license. 56
301.227. 1. Whenever a vehicle is sold for salvage, 1
dismantling or rebuilding, the purchaser shall forward to 2
the director of revenue within ten days the certificate of 3
ownership or salvage certificate of title and the proper 4
application and fee of eight dollars and fifty cents, and 5
the director shall issue a negotiable salvage certificate of 6
title to the purchaser of the salvaged vehicle. On vehicles 7
purchased during a year that is no more than six years after 8
the manufacturer's model year designation for such vehicle, 9
it shall be mandatory that the purchaser apply for a salvage 10
title. On vehicles purchased during a year that is more 11
than six years after the manufacturer's model year 12
designation for such vehicle, then application for a salvage 13
title shall be optional on the part of the purchaser. 14
Whenever a vehicle is sold for destruction and a salvage 15
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certificate of title, junking certificate, or certificate of 16
ownership exists, the seller, if licensed under sections 17
301.217 to 301.221, shall forward the certificate to the 18
director of revenue within ten days, with the notation of 19
the date sold for destruction and the name of the purchaser 20
clearly shown on the face of the certificate. 21
2. Whenever a vehicle is classified as junk, as 22
defined in section 301.010, the purchaser may forward to the 23
director of revenue a properly completed application for a 24
junking certificate as well as the salvage certificate of 25
title or certificate of ownership and the director shall 26
issue a negotiable junking certificate to the purchaser of 27
the vehicle. The director may also issue a junking 28
certificate to a possessor of a vehicle manufactured twenty- 29
six years or more prior to the current model year who has a 30
bill of sale for said vehicle but does not possess a 31
certificate of ownership, provided no claim of theft has 32
been made on the vehicle and the highway patrol has by 33
letter stated the vehicle is not listed as stolen after 34
checking the registration number through its nationwide 35
computer system. Such junking certificate may be granted 36
within thirty days of the submission of a request. A 37
junking certificate shall authorize the holder to possess, 38
transport, or, by assignment, transfer ownership in such 39
parts, scrap, or junk. 40
3. For any vehicle issued a junking certificate or 41
such similar document or classification pursuant to the laws 42
of another state, regardless of whether such designation has 43
been subsequently changed by law in any other state, the 44
department shall only issue a junking certificate, and a 45
salvage certificate of title or original certificate of 46
ownership shall not thereafter be issued for such vehicle. 47
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Notwithstanding the provisions of this subsection, if the 48
vehicle has not previously been classified as a junk 49
vehicle, the applicant making the original junking 50
certification application shall, within ninety days, be 51
allowed to rescind his application for a junking certificate 52
by surrendering the junking certificate and apply for a 53
salvage certificate of title in his name. The seller of a 54
vehicle for which a junking certificate has been applied for 55
or issued shall disclose such fact in writing to any 56
prospective buyers before sale of such vehicle; otherwise 57
the sale shall be voidable at the option of the buyer. 58
4. No scrap metal operator shall acquire or purchase a 59
motor vehicle or parts thereof without, at the time of such 60
acquisition, receiving the original certificate of ownership 61
or salvage certificate of title or junking certificate from 62
the seller of the vehicle or parts, unless the seller is a 63
licensee under sections 301.219 to 301.221. 64
5. All titles and certificates required to be received 65
by scrap metal operators from nonlicensees shall be 66
forwarded by the operator to the director of revenue within 67
ten days of the receipt of the vehicle or parts. 68
6. The scrap metal operator shall keep a record, for 69
three years, of the seller's name and address, the salvage 70
business license number of the licensee, date of purchase, 71
and any vehicle or parts identification numbers open for 72
inspection as provided in section 301.225. 73
7. Notwithstanding any other provision of this 74
section, a motor vehicle dealer as defined in section 75
[301.550] 301.1000 and licensed under the provisions of 76
sections [301.550 to 301.572] 301.1000 to 301.1063 may 77
negotiate one reassignment of a salvage certificate of title 78
on the back thereof. 79
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8. Notwithstanding the provisions of subsection 1 of 80
this section, an insurance company which settles a claim for 81
a stolen vehicle may apply for and shall be issued a 82
negotiable salvage certificate of title without the payment 83
of any fee upon proper application within thirty days after 84
settlement of the claim for such stolen vehicle. However, 85
if the insurance company upon recovery of a stolen vehicle 86
determines that the stolen vehicle has not sustained damage 87
to the extent that the vehicle would have otherwise been 88
declared a salvage vehicle pursuant to section 301.010, then 89
the insurance company may have the vehicle inspected by the 90
Missouri state highway patrol, or other law enforcement 91
agency authorized by the director of revenue, in accordance 92
with the inspection provisions of subsection 9 of section 93
301.190. Upon receipt of title application, applicable fee, 94
the completed inspection, and the return of any previously 95
issued negotiable salvage certificate, the director shall 96
issue an original title with no salvage or prior salvage 97
designation. Upon the issuance of an original title the 98
director shall remove any indication of the negotiable 99
salvage title previously issued to the insurance company 100
from the department's electronic records. 101
9. Notwithstanding subsection 4 of this section or any 102
other provision of the law to the contrary, if a motor 103
vehicle is inoperable and is at least ten model years old, 104
or the parts are from a motor vehicle that is inoperable and 105
is at least ten model years old, a scrap metal operator may 106
purchase or acquire such motor vehicle or parts without 107
receiving the original certificate of ownership, salvage 108
certificate of title, or junking certificate from the seller 109
of the vehicle or parts, provided the scrap metal operator 110
verifies with the department of revenue, via the 111
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department's online record access, that the motor vehicle is 112
not subject to any recorded security interest or lien and 113
the scrap metal operator complies with the requirements of 114
this subsection. In lieu of forwarding certificates of 115
title or ownership for such motor vehicles as required by 116
subsection 5 of this section, the scrap metal operator shall 117
forward a copy of the seller's state identification card 118
along with a bill of sale to the department of revenue. The 119
bill of sale form shall be designed by the director and such 120
form shall include, but not be limited to, a certification 121
that the motor vehicle is at least ten model years old, is 122
inoperable, is not subject to any recorded security interest 123
or lien, and a certification by the seller that the seller 124
has the legal authority to sell or otherwise transfer the 125
seller's interest in the motor vehicle or parts. Upon 126
receipt of the information required by this subsection, the 127
department of revenue shall cancel any certificate of title 128
or ownership and registration for the motor vehicle. If the 129
motor vehicle is inoperable and at least twenty model years 130
old, then the scrap metal operator shall not be required to 131
verify with the department of revenue whether the motor 132
vehicle is subject to any recorded security interests or 133
liens. As used in this subsection, the term "inoperable" 134
means a motor vehicle that is in a rusted, wrecked, 135
discarded, worn out, extensively damaged, dismantled, and 136
mechanically inoperative condition and the vehicle's highest 137
and best use is for scrap purposes. The director of the 138
department of revenue is directed to promulgate rules and 139
regulations to implement and administer the provisions of 140
this section, including but not limited to, the development 141
of a uniform bill of sale. Any rule or portion of a rule, 142
as that term is defined in section 536.010, that is created 143
SB 1056 45
under the authority delegated in this section shall become 144
effective only if it complies with and is subject to all of 145
the provisions of chapter 536 and, if applicable, section 146
536.028. This section and chapter 536 are nonseverable and 147
if any of the powers vested with the general assembly 148
pursuant to chapter 536 to review, to delay the effective 149
date, or to disapprove and annul a rule are subsequently 150
held unconstitutional, then the grant of rulemaking 151
authority and any rule proposed or adopted after August 28, 152
2012, shall be invalid and void. 153
301.280. 1. Every motor vehicle dealer and boat 1
dealer shall make a monthly report to the department of 2
revenue, on blanks to be prescribed by the department of 3
revenue, giving the following information: date of the sale 4
of each motor vehicle, boat, trailer and all-terrain vehicle 5
sold; the name and address of the buyer; the name of the 6
manufacturer; year of manufacture; model of vehicle; vehicle 7
identification number; style of vehicle; odometer setting; 8
and it shall also state whether the motor vehicle, boat, 9
trailer or all-terrain vehicle is new or secondhand. Each 10
monthly sales report filed by a motor vehicle dealer who 11
collects sales tax under subsection 10 of section 144.070 12
shall also include the amount of state and local sales tax 13
collected for each motor vehicle sold if sales tax was due. 14
The odometer reading is not required when reporting the sale 15
of any motor vehicle that is twenty years old or older, any 16
motor vehicle having a gross vehicle weight rating of more 17
than sixteen thousand pounds, new vehicles that are 18
transferred on a manufacturer's statement of origin between 19
one franchised motor vehicle dealer and another, or boats, 20
all-terrain vehicles or trailers. The sale of all temporary 21
permits shall be recorded in the appropriate space on the 22
SB 1056 46
dealer's monthly sales report, unless the sale of the 23
temporary permit is already recorded by electronic means as 24
determined by the department. The monthly sales report 25
shall include a statement of motor vehicles or trailers sold 26
during the month under subsection 5 of section 301.210. The 27
monthly sales report shall be completed in full and signed 28
by an officer, partner, or owner of the dealership, and 29
actually received by the department of revenue on or before 30
the fifteenth day of the month succeeding the month for 31
which the sales are being reported. If no sales occur in 32
any given month, a report shall be submitted for that month 33
indicating no sales. Any vehicle dealer who fails to file a 34
monthly report or who fails to file a timely report shall be 35
subject to disciplinary action as prescribed in section 36
[301.562] 301.1030 or a penalty assessed by the director not 37
to exceed three hundred dollars per violation. Every motor 38
vehicle and boat dealer shall retain copies of the monthly 39
sales report as part of the records to be maintained at the 40
dealership location and shall hold them available for 41
inspection by appropriate law enforcement officials and 42
officials of the department of revenue. Every vehicle 43
dealer selling twenty or more vehicles a month shall file 44
the monthly sales report with the department in an 45
electronic format. Any dealer filing a monthly sales report 46
in an electronic format shall be exempt from filing the 47
notice of transfer required by section 301.196. For any 48
dealer not filing electronically, the notice of transfer 49
required by section 301.196 shall be submitted with the 50
monthly sales report as prescribed by the director. 51
2. Every dealer and every person operating a public 52
garage shall keep a correct record of the vehicle 53
identification number, odometer setting, manufacturer's name 54
SB 1056 47
of all motor vehicles or trailers accepted by him for the 55
purpose of sale, rental, storage, repair or repainting, 56
together with the name and address of the person delivering 57
such motor vehicle or trailer to the dealer or public garage 58
keeper, and the person delivering such motor vehicle or 59
trailer shall record such information in a file kept by the 60
dealer or garage keeper. The record shall be kept for five 61
years and be open for inspection by law enforcement 62
officials, members or authorized or designated employees of 63
the Missouri highway patrol, and persons, agencies and 64
officials designated by the director of revenue. 65
3. Every dealer and every person operating a public 66
garage in which a motor vehicle remains unclaimed for a 67
period of fifteen days shall, within five days after the 68
expiration of that period, report the motor vehicle as 69
unclaimed to the director of revenue. Such report shall be 70
on a form prescribed by the director of revenue. A motor 71
vehicle left by its owner whose name and address are known 72
to the dealer or his employee or person operating a public 73
garage or his employee is not considered unclaimed. Any 74
dealer or person operating a public garage who fails to 75
report a motor vehicle as unclaimed as herein required 76
forfeits all claims and liens for its garaging, parking or 77
storing. 78
4. The director of revenue shall maintain 79
appropriately indexed cumulative records of unclaimed 80
vehicles reported to the director. Such records shall be 81
kept open to public inspection during reasonable business 82
hours. 83
5. The alteration or obliteration of the vehicle 84
identification number on any such motor vehicle shall be 85
prima facie evidence of larceny, and the dealer or person 86
SB 1056 48
operating such public garage shall upon the discovery of 87
such obliteration or alteration immediately notify the 88
highway patrol, sheriff, marshal, constable or chief of 89
police of the municipality where the dealer or garage keeper 90
has his place of business, and shall hold such motor vehicle 91
or trailer for a period of forty-eight hours for the purpose 92
of an investigation by the officer so notified. 93
6. Any person who knowingly makes a false statement or 94
omission of a material fact in a monthly sales report to the 95
department of revenue, as described in subsection 1 of this 96
section, shall be deemed guilty of a class A misdemeanor. 97
301.1000. 1. As used in sections 301.1000 to 1
301.1063, the following terms mean: 2
(1) "Board", the Missouri motor vehicle board 3
established under section 301.1003; 4
(2) "Boat dealer", any natural person, partnership, or 5
corporation who, for a commission or with an intent to make 6
a profit or gain of money or other thing of value, sells, 7
barters, exchanges, leases or rents with the option to 8
purchase, offers, attempts to sell, or negotiates the sale 9
of any vessel or vessel trailer, whether or not the vessel 10
or vessel trailer is owned by such person. The sale of six 11
or more vessels or vessel trailers in any calendar year 12
shall be required as evidence that such person is eligible 13
for licensure as a boat dealer under sections 301.1000 to 14
301.1063, except that such sales requirements shall be 15
waived for entities also licensed as boat manufacturers 16
under section 301.1015 who custom manufacture boats: 17
(a) For use with biological research and management 18
equipment for fisheries; or 19
(b) For use with scientific sampling and for 20
geological or chemistry purposes; 21
SB 1056 49
(3) "Boat manufacturer", any person engaged in the 22
manufacturing, assembling, or modification of new vessels or 23
vessel trailers as a regular business, including a person, 24
partnership, or corporation that acts for and is under the 25
control of a manufacturer or assembly in connection with the 26
distribution of vessels or vessel trailers; 27
(4) "Department", the Missouri department of commerce 28
and insurance; 29
(5) "Director", the executive director of the Missouri 30
motor vehicle board; 31
(6) "Division", the division of professional 32
registration of the department of commerce and insurance; 33
(7) "Emergency vehicles", motor vehicles used as 34
ambulances, law enforcement vehicles, and firefighting and 35
assistance vehicles; 36
(8) "Manufacturer", any person engaged in the 37
manufacturing, assembling, or modification of new motor 38
vehicles or trailers as a regular business, including a 39
person, partnership, or corporation that acts for and is 40
under the control of a manufacturer or assembly in 41
connection with the distribution of motor vehicles or 42
accessories for motor vehicles; 43
(9) "Motor vehicle broker", a person who holds himself 44
or herself out through solicitation, advertisement, or 45
otherwise as one who offers to arrange a transaction 46
involving the retail sale of a motor vehicle and who is not: 47
(a) A dealer, or any agent, or any employee of a 48
dealer when acting on behalf of a dealer; 49
(b) A manufacturer, or any agent, or employee of a 50
manufacturer when acting on behalf of a manufacturer; 51
(c) The owner of the vehicle involved in the 52
transaction; or 53
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(d) A public motor vehicle auction or wholesale motor 54
vehicle auction where buyers are licensed dealers in this 55
state or any other state; 56
(10) "Motor vehicle dealer" or "dealer", any person 57
who, for commission or with an intent to make a profit or 58
gain of money or other thing of value, sells, barters, 59
exchanges, leases or rents with the option to purchase, or 60
who offers or attempts to sell or negotiates the sale of 61
motor vehicles or trailers whether or not the motor vehicles 62
or trailers are owned by such person; provided, however, an 63
individual auctioneer or auction conducted by an auctioneer 64
licensed under chapter 343 shall not be included within the 65
definition of a motor vehicle dealer. The sale of six or 66
more motor vehicles or trailers in any calendar year shall 67
be required as evidence that such person is engaged in the 68
motor vehicle business and is eligible for licensure as a 69
motor vehicle dealer under sections 301.1000 to 301.1063. 70
Any licensed motor vehicle dealer failing to meet the 71
minimum vehicle sales requirements as referenced in this 72
subsection shall not be qualified to renew his or her 73
license for one year. To be eligible for license renewal, 74
applicants shall meet the minimum requirement of six sales 75
per year; 76
(11) "New motor vehicle", any motor vehicle being 77
transferred for the first time from a manufacturer, 78
distributor, or new vehicle dealer that has not been 79
registered or titled in this state or any other state and 80
that is offered for sale, barter, or exchange by a dealer 81
who is franchised to sell, barter, or exchange that 82
particular make of motor vehicle. The term "new motor 83
vehicle" shall not include manufactured homes, as defined in 84
section 700.010; 85
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(12) "New motor vehicle franchise dealer", any motor 86
vehicle dealer who has been franchised to deal in a certain 87
make of motor vehicle by the manufacturer or distributor of 88
that make of motor vehicle and who may, in line with 89
conducting his or her business as a franchise dealer, sell, 90
barter, or exchange used motor vehicles; 91
(13) "Person", includes any natural person, 92
partnership, corporation, or association, joint venture, 93
limited liability company, or any other entity; 94
(14) "Powersport dealer", any motor vehicle dealer who 95
sells, either pursuant to a franchise agreement or 96
otherwise, primarily motor vehicles including, but not 97
limited to, motorcycles, all-terrain vehicles, and personal 98
watercraft, as such terms are defined in this chapter and 99
chapter 306; 100
(15) "Public motor vehicle auction", any person, firm, 101
or corporation who takes possession of a motor vehicle 102
whether by consignment, bailment, or any other arrangement, 103
except by title, for the purpose of selling motor vehicles 104
at a public auction by a licensed auctioneer; 105
(16) "Recreational motor vehicle dealer", a dealer of 106
new or used motor vehicles designed, constructed, or 107
substantially modified for use as temporary housing 108
quarters, including sleeping and eating facilities that are 109
either permanently attached to the motor vehicle or attached 110
to a unit that is securely attached to the motor vehicle; 111
(17) "Storage lot", an area within the same city or 112
county where a dealer may store excess vehicle inventory; 113
(18) "Trailer," any trailer as defined in section 114
301.010; 115
(19) "Trailer dealer", any person selling, either 116
exclusively or otherwise, trailers. A trailer dealer may 117
SB 1056 52
acquire a motor vehicle for resale only as a trade-in for a 118
trailer. Notwithstanding the provisions of sections 301.010 119
and 301.069, trailer dealers may purchase one driveaway 120
license plate to display such motor vehicle for 121
demonstration purposes. The sale of six or more trailers in 122
any calendar year shall be required as evidence that such 123
person is engaged in the trailer business and is eligible 124
for licensure as a trailer dealer under sections 301.1000 to 125
301.1063. Any licensed trailer dealer failing to meet the 126
minimum trailer and vehicle sales requirements as referenced 127
in this subdivision shall not be qualified to renew his or 128
her license for one year. Applicants who reapply after the 129
one-year period shall meet the requirement of six sales per 130
year; 131
(20) "Used motor vehicle", any motor vehicle that is 132
not a new motor vehicle, as defined in this section, and 133
that has been sold, bartered, exchanged, or given away, or 134
that may have had a title issued in this state or any other 135
state, or a motor vehicle so used as to be what is commonly 136
known as a secondhand motor vehicle. In the event of an 137
assignment of the statement of origin from an original 138
franchise dealer to any individual or other motor vehicle 139
dealer other than a new motor vehicle franchise dealer of 140
the same make, the vehicle so assigned shall be deemed to be 141
a used motor vehicle, and a certificate of ownership shall 142
be obtained in the assignee's name. The term "used motor 143
vehicle" shall not include manufactured homes, as defined in 144
section 700.010; 145
(21) "Used motor vehicle dealer", any motor vehicle 146
dealer who is not a new motor vehicle franchise dealer; 147
(22) "Vessel", every boat and watercraft defined as a 148
vessel in section 306.010; 149
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(23) "Vessel trailer", any trailer, as defined by 150
section 301.010, that is designed and manufactured for the 151
purposes of transporting vessels; 152
(24) "Wholesale motor vehicle auction", any person, 153
firm, or corporation in the business of providing auction 154
services solely in wholesale transactions at its established 155
place of business in which the purchasers are motor vehicle 156
dealers licensed by this or any other jurisdiction, and 157
which neither buys, sells, nor owns the motor vehicles it 158
auctions in the ordinary course of its business. Except as 159
required by law with regard to the auction sale of a 160
government-owned motor vehicle, a wholesale motor vehicle 161
auction shall not provide auction services in connection 162
with the retail sale of a motor vehicle; 163
(25) "Wholesale motor vehicle dealer", a motor vehicle 164
dealer who sells motor vehicles only to other new motor 165
vehicle franchise dealers or used motor vehicle dealers or 166
via auctions limited to other dealers of any class. 167
2. For purposes of sections 301.1000 to 301.1063, the 168
term "motor vehicle" or the term "trailer" shall not include 169
manufactured homes, as defined in section 700.010. 170
3. Dealers shall be divided into classes as follows: 171
(1) Franchised new motor vehicle dealers; 172
(2) Used motor vehicle dealers; 173
(3) Wholesale motor vehicle dealers; 174
(4) Powersport dealers; 175
(5) Public motor vehicle auctions; 176
(6) Wholesale motor vehicle auctions; 177
(7) Recreational motor vehicle dealers; 178
(8) Historic motor vehicle dealers; 179
(9) Classic motor vehicle dealers; and 180
(10) Boat dealers. 181
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301.1003. 1. There is hereby created within the 1
department of commerce and insurance the "Missouri Motor 2
Vehicle Board", which shall be responsible for the licensing 3
of all manufacturers, motor vehicle dealers, boat dealers, 4
wholesale motor vehicle auctions, public motor vehicle 5
auctions, and wholesale motor vehicle dealers under the 6
provisions of sections 301.1000 to 301.1063 and the rules 7
and regulations that it may adopt. 8
2. All the powers, duties, and functions of the 9
Missouri department of revenue granted in sections 301.550 10
to 301.571 and section 301.280 in effect before August 28, 11
2026, are transferred by type I transfer, as provided in the 12
Omnibus State Reorganization Act of 1974, to the board. The 13
rules and regulations adopted by the department of revenue 14
that were adopted pursuant to sections 301.550 to 301.580 15
before August 28, 2026, shall continue in effect on and 16
after August 28, 2026. 17
3. The board shall be composed of nine members, all to 18
be selected and appointed by the governor, by and with the 19
advice and consent of the senate, not more than five of whom 20
shall be affiliated with the same political party. Each 21
member of the board shall be a citizen of the United States 22
and a resident of this state for at least five years prior 23
to his or her appointment. Five members shall be licensed 24
franchised new motor vehicle dealers, two members shall be 25
licensed used motor vehicle dealers, one member shall be a 26
licensed powersport dealer, and one member shall be a public 27
member having no pecuniary interest in any motor vehicle 28
dealership or boat dealership. 29
4. The members of the board shall be appointed for a 30
term of four years, except that from the first nine-member 31
board, the governor shall designate three members to serve a 32
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two-year term, three members to serve a three-year term, and 33
three members to serve a four-year term. Thereafter, each 34
member shall be appointed for a four-year term. Each member 35
shall serve until the expiration of his or her term or until 36
his or her successor is appointed and qualified. Any 37
vacancy on the board shall be filled by the governor, by and 38
with the advice and consent of the senate, for the duration 39
of the unexpired term. 40
5. The board shall elect a chair and secretary at the 41
first regular meeting held after January first of each 42
year. The board shall meet at such times as it may 43
determine, but the board shall meet at least quarterly. 44
Special meetings may be held upon call of the chair upon 45
adequate notice given by the director to the members of the 46
board. To conduct business, a quorum of the board shall be 47
in attendance, and five members of the board shall 48
constitute a quorum. Board members shall receive no salary 49
or other compensation for their service as members but shall 50
receive their necessary travel and other expenses incurred 51
while actually engaged in performing their official duties. 52
6. The board shall adopt an official seal, to consist 53
of the official seal of the state of Missouri bordered by an 54
inscription containing the words "Missouri Motor Vehicle 55
Board". 56
7. The board shall adopt those rules and regulations 57
necessary for the enforcement of sections 301.1000 to 58
301.1063. Any rule or portion of a rule, as that term is 59
defined in section 536.010, that is created under the 60
authority delegated in this section shall become effective 61
only if it complies with and is subject to all of the 62
provisions of chapter 536 and, if applicable, section 63
536.028. This section and chapter 536 are nonseverable and 64
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if any of the powers vested with the general assembly 65
pursuant to chapter 536 to review, to delay the effective 66
date, or to disapprove and annul a rule are subsequently 67
held unconstitutional, then the grant of rulemaking 68
authority and any rule proposed or adopted after August 28, 69
2026, shall be invalid and void. 70
8. All orders or decisions of the board shall be in 71
writing and signed by the director with the official seal 72
affixed thereto. 73
9. Each member of the board, and each person who 74
provides information to or otherwise participates in the 75
operation of the board, shall be immune from personal civil 76
liability for such acts performed within the scope of their 77
official duties so long as the acts were performed in good 78
faith and were not negligent. 79
301.1006. 1. The board shall employ an executive 1
director who shall serve at the pleasure of the board. The 2
board may employ such other personnel as are required to 3
fulfill its duties and responsibilities under sections 4
301.1000 to 301.1063. The duties of the director shall 5
include, but not be limited to: 6
(1) The supervision and direction of the activities of 7
the board's employees; 8
(2) The receipt and prompt disposition of all 9
correspondence or inquiries directed to the board; 10
(3) Serving as the custodian of the files and records 11
of the board; 12
(4) Maintaining all minutes of board proceedings; 13
(5) Maintaining a record, which shall be available for 14
public inspection, of the total number of annual new motor 15
vehicle sales by individual franchise dealers and a separate 16
record of total annual used motor vehicle sales by 17
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individual used motor vehicle dealers from dealer sales 18
records; 19
(6) Supervising the handling and disposition of all 20
complaints against licensees submitted to the board and 21
maintaining a log of such complaints to be made available 22
for public inspection, subject to applicable law regarding 23
nondisclosure. The complaints shall be logged into record, 24
the record shall include at a minimum, the licensee's name, 25
the name of the complaining party, if given, the date of the 26
complaint, and a brief statement of the complaint and its 27
ultimate disposition. Notwithstanding any provisions of law 28
to the contrary, such complaint shall be kept in confidence 29
by the executive director until such time as formal 30
proceedings are filed with the director, or the executive 31
director disposes of the complaint in accordance with 32
sections 301.1000 to 301.1063, provided that upon inquiry 33
from a licensee against whom a complaint has been received, 34
the executive director shall acknowledge to the licensee 35
that a complaint has been made. The licensee shall have 36
access to all complaints and information contained therein; 37
(7) Keeping custody of the board's official seal and 38
affixing of this seal to all licenses and orders issued by 39
the board under sections 301.1000 to 301.1063; 40
(8) The performance of any other duty required in the 41
enforcement of sections 301.1000 to 301.1063. 42
2. The annual salary of the director shall be set in 43
accordance with the state uniform classification and pay 44
system pay plan and shall be set in a range not below range 45
"G14" as provided by such system. 46
301.1009. 1. There is hereby established in the 1
office of the state treasurer a fund to be known as the 2
"Missouri Motor Vehicle Board Fund". All fees of any kind 3
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and character authorized to be charged by the board, other 4
than fees for the issuance of the license plates and 5
certificates of number authorized by section, shall be 6
collected by the director of the division of professional 7
registration and shall be transmitted to the department of 8
commerce and insurance for deposit in the state treasury for 9
credit to this fund, to be disbursed only in payment of 10
expenses of maintaining the board and for the enforcement of 11
the provisions of law concerning professions regulated by 12
the board. No other moneys shall be paid out of the state 13
treasury for carrying out these provisions. Warrants shall 14
be issued by the state treasurer for payment out of such 15
fund. Fees collected under section 301.1024 for the 16
issuance of dealer license plates and certificates of number 17
shall be transferred to the credit of the department of 18
revenue to offset its costs for the manufacture of such 19
license plates and certificates of number. 20
2. The provisions of section 33.080 to the contrary 21
notwithstanding, moneys in this fund shall not be 22
transferred and placed to the credit of general revenue 23
until the amount in the fund at the end of the biennium 24
exceeds two times the amount of the appropriation from the 25
board's funds for the preceding fiscal year or, if the board 26
by regulation permits registration renewal less frequently 27
than yearly, three times the appropriation from the board's 28
funds for the preceding fiscal year. The amount, if any, in 29
the fund that shall lapse is that amount in the fund that 30
exceeds the appropriate multiple of the appropriations from 31
the board's funds for the preceding fiscal year. 32
301.1012. The powers and duties of the board shall 1
include, but not be limited to, the following: 2
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(1) To establish the qualifications of applicants for 3
licensure, provided that all qualifications shall be 4
necessary to ensure competence and integrity; 5
(2) To examine, or cause to be examined, the 6
qualifications of each applicant for licensure; 7
(3) To license qualified applicants under the 8
provisions of sections 301.1000 to 301.1063; 9
(4) To establish and collect fees for licensure and 10
renewal that are sufficient to cover all expenses for the 11
administration and operation of the board; 12
(5) To levy on licensees' special assessments, as 13
necessary, to cover costs of operating the board; 14
(6) To revoke, suspend, deny, or otherwise discipline 15
a license, or assess a civil penalty upon a licensee, for 16
just cause as set out in sections 301.1030 and 301.1033 of 17
this chapter or enumerated in regulations promulgated by the 18
board; 19
(7) To ensure that inspections are conducted relating 20
to the motor vehicle sales industry and to ensure that all 21
licensed dealers are conducting business in a professional 22
and lawful manner, not in violation of any provisions of 23
this chapter, chapter 407, any regulations duly promulgated 24
by the board, or any other applicable state or federal law; 25
(8) To receive and investigate complaints concerning 26
the conduct of persons and businesses licensed by the board 27
and to take appropriate disciplinary action if warranted; 28
(9) To receive and investigate complaints concerning 29
the sales of motor vehicles by persons not holding a current 30
license issued by the board; 31
(10) To enter into contracts necessary or convenient 32
for carrying out the provisions of this chapter or the 33
functions of the board; 34
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(11) To establish committees of the board, appoint 35
members to such committees, and to promulgate regulations 36
establishing the responsibilities of such committees. The 37
board may, at its discretion, include a resident member on 38
any committee established, who shall have no pecuniary 39
interest in any motor vehicle or boat dealership. Any 40
action recommended by a committee shall be subject to prior 41
ratification by the full board prior to implementation. 42
Committees to be established may include, but not be limited 43
to, the following: 44
(a) Advertising; 45
(b) Licensing; 46
(c) Dealer practices; 47
(d) Franchise relations; and 48
(e) Complaint review; and 49
(12) To do all things necessary and convenient for 50
carrying into effect sections 301.1000 to 301.1063 or as 51
enumerated in regulations promulgated by the board. 52
301.1015. 1. It shall be unlawful for any person, 1
partnership, corporation, company, or association, unless 2
the seller is a financial institution or is selling 3
repossessed motor vehicles or is disposing of vehicles used 4
and titled solely in its ordinary course of business, or is 5
a collector of antique motor vehicles, to sell or display 6
with an intent to sell six or more motor vehicles in a 7
calendar year, except when such motor vehicles are 8
registered in the name of the seller, unless such person, 9
partnership, corporation, company, or association is: 10
(1) Licensed as a motor vehicle dealer by the board 11
under sections 301.1000 to 301.1063; 12
(2) Exempt from licensure as a motor vehicle dealer 13
under sections 301.1000 to 301.1063; 14
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(3) Selling commercial motor vehicles with a gross 15
weight of at least nineteen thousand five hundred pounds, 16
but only with respect to such commercial motor vehicles; 17
(4) An auctioneer, acting at the request of the owner 18
at an auction, when such auction is not a public motor 19
vehicle auction. 20
2. Any person, partnership, corporation, company, or 21
association that has reason to believe that the provisions 22
of this section are being violated shall file a complaint 23
with the prosecuting attorney in the county in which the 24
violation occurred. The prosecuting attorney shall 25
investigate the complaint and take appropriate action. 26
3. For the purposes of sections 301.1000 to 301.1063, 27
the sale, barter, exchange, lease, or rental with option to 28
purchase of six or more motor vehicles in a calendar year by 29
any person, partnership, corporation, company, or 30
association, whether or not the motor vehicles are owned by 31
them, shall be prima facie evidence of intent to make a 32
profit or gain of money and such person, partnership, 33
corporation, company, or association shall be deemed to be 34
acting as a motor vehicle dealer without a license. 35
4. Any person, partnership, corporation, company, or 36
association who violates subsection 1 of this section is 37
guilty of a class A misdemeanor. A second or subsequent 38
conviction shall be deemed a class E felony. 39
5. The provisions of this section shall not apply to 40
liquidation of an estate or trust used for estate planning 41
purposes. 42
301.1018. 1. All licenses issued under sections 1
301.1000 to 301.1063 shall be issued for a period of twelve 2
consecutive months except, at the discretion of the board, 3
the periods may be adjusted as is necessary to distribute 4
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the licenses as equally as practicable on a monthly basis, 5
and the board may, by regulation, authorize biennial 6
licensure for all or any class of licenses required under 7
sections 301.1000 to 301.1063. The expiration date shall be 8
the last day of the twelfth or twenty-fourth month of 9
validity or the last day of the designated month. Every 10
license shall be renewed annually or biennially by the board 11
on application by the licensee and by payment of fees 12
required by law, the renewal to take effect on the first day 13
of the succeeding month. If a material change has occurred 14
from the information appearing on a dealer's initial 15
application or previous year's renewal application, the 16
dealer shall notify the board of such changes no later than 17
the next renewal. The board shall prescribe a form for the 18
disclosure of the changes and shall include in the renewal 19
application a request for disclosure of material changes. 20
2. Every motor vehicle dealer, powersport dealer, boat 21
dealer, manufacturer, boat manufacturer, public motor 22
vehicle auction, wholesale motor vehicle auction, or 23
wholesale motor vehicle dealer shall make application to the 24
board for issuance of a license. The application shall be 25
on forms prescribed by the division and shall be issued 26
under the terms and provisions of sections 301.1000 to 27
301.1068. 28
3. (1) Every application for the issuance of a used 29
motor vehicle dealer's license shall be accompanied by proof 30
that the applicant, within the last twelve months, has 31
completed an educational seminar course approved by the 32
board as prescribed by subdivision (2) of this subsection. 33
Wholesale and public auto auctions and applicants currently 34
holding a new or used license for a separate dealership 35
shall be exempt from the requirements of this subsection. 36
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The provisions of this subsection shall not apply to current 37
new motor vehicle franchise dealers or motor vehicle leasing 38
agencies or applicants for a new motor vehicle franchise or 39
a motor vehicle leasing agency. The provisions of this 40
subsection shall not apply to used motor vehicle dealers who 41
were licensed before August 28, 2026. 42
(2) The educational seminar shall include, but is not 43
limited to, the dealer requirements of sections 301.1000 to 44
301.1063, the rules promulgated to implement, enforce, and 45
administer sections 301.1000 to 301.1063, and any other 46
rules and regulations promulgated by the board. Any person 47
seeking initial licensure as a used motor vehicle dealer 48
shall, as a condition precedent to the issuance of a 49
license, successfully complete an examination prepared and 50
administered by the board. 51
4. In addition, the board shall require all applicants 52
to provide such information as the board may deem necessary 53
to determine that the applicant is of good moral character, 54
and every application for a license shall contain, in 55
addition to such information as the board may require, the 56
following information: 57
(1) The name and business address, not a post office 58
box, of the applicant and the fictitious name, if any, under 59
which the applicant intends to conduct business; and if the 60
applicant is a partnership, the name and residence address 61
of each partner, an indication of whether the partner is a 62
limited or general partner, and the name under which the 63
partnership business is to be conducted. In the event that 64
the applicant is a corporation, the application shall list 65
the names of the principal officers and board of directors 66
of the corporation and the state in which the corporation is 67
incorporated. Each application shall be verified by the 68
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oath or affirmation of the applicant, if an individual, or 69
in the event an applicant is a partnership or corporation, 70
by a partner or officer; 71
(2) Whether the application is being made for 72
registration as a new motor vehicle franchise dealer, used 73
motor vehicle dealer, powersport dealer, manufacturer, boat 74
manufacturer, wholesale motor vehicle dealer, boat dealer, 75
wholesale motor vehicle auction, or public motor vehicle 76
auction; 77
(3) When the application is for a new motor vehicle 78
franchise dealer, the application shall be accompanied by a 79
copy of the franchise agreement in the registered name of 80
the dealership setting out the appointment of the applicant 81
as a franchise holder and it shall be signed by the 82
manufacturer, or the manufacturer's authorized agent, or the 83
distributor, or the distributor's authorized agent, and 84
shall include a description of the make of all motor 85
vehicles covered by the franchise. The board shall not 86
require a copy of the franchise agreement to be submitted 87
with each renewal application unless the applicant is now 88
the holder of a franchise from a different manufacturer or 89
distributor from that previously filed, or unless a new term 90
of agreement has been entered into; 91
(4) When the application is for a public motor vehicle 92
auction, that the public motor vehicle auction has met the 93
requirements of subsection 7 of this section. 94
5. Once licensed, no dealer, manufacturer, or motor 95
vehicle auction may terminate and cease its business without 96
providing the board with a minimum of thirty days' prior 97
written notification, except when a license has been 98
suspended or revoked. On termination of business, a 99
licensee shall immediately surrender to the board its 100
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license certificate, dealer license plates, sales reports, 101
and any other materials furnished by the board or the 102
department. After termination of business, the former 103
licensee shall continue to maintain and make available to 104
the board and the department the records described in 105
section 301.1027. 106
6. No insurance company, finance company, credit 107
union, savings and loan association, bank, or trust company 108
shall be required to obtain a license from the board in 109
order to sell any motor vehicle, trailer, or vessel 110
repossessed or purchased by the company on the basis of 111
total destruction or theft thereof when the sale of the 112
motor vehicle, trailer, or vessel is in conformance with 113
applicable title and registration laws of this state. 114
7. No person shall be issued a license to conduct a 115
public motor vehicle auction or wholesale motor vehicle 116
auction if such person has a violation of sections 301.1000 117
to 301.1063 or other violations of chapter 301, sections 118
407.511 to 407.556, or section 578.120 that resulted in a 119
felony conviction or finding of guilt or a violation of any 120
federal motor vehicle laws that resulted in a felony 121
conviction or finding of guilt. 122
8. The board may adopt regulations specifying 123
additional training or conditions for applicants seeking 124
licensure under sections 301.1000 to 301.1063, and for 125
otherwise implementing and enforcing the provisions of this 126
section. 127
301.1021. 1. In addition to submitting the 1
application forms prescribed by the division, each applicant 2
shall comply with the application requirements set forth in 3
this section. 4
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2. Every application other than a renewal application 5
for a motor vehicle franchise dealer shall include a 6
certification that the applicant has an established place of 7
business. Such application shall include an annual 8
certification that the applicant has an established place of 9
business for the first three years and only for every other 10
year thereafter. The certification shall be performed by a 11
uniformed member of the Missouri state highway patrol or 12
authorized or designated employee stationed in the troop 13
area in which the applicant's place of business is located, 14
except that in counties of the first classification, 15
certification may be performed by an officer of a 16
metropolitan police department when the applicant's 17
established place of business of distributing or selling 18
motor vehicles or trailers is in the metropolitan area where 19
the certifying metropolitan police officer is employed. 20
When the application is being made for licensure as a boat 21
manufacturer or boat dealer, certification shall be 22
performed by a uniformed member of the Missouri state 23
highway patrol or authorized or designated employee 24
stationed in the troop area in which the applicant's place 25
of business is located or, if the applicant's place of 26
business is located within the jurisdiction of a 27
metropolitan police department in a first class county, by 28
an officer of such metropolitan police department. An 29
established place of business for any new motor vehicle 30
franchise dealer, used motor vehicle dealer, boat dealer, 31
powersport dealer, wholesale motor vehicle dealer, trailer 32
dealer, or wholesale or public auction shall be a permanent 33
enclosed building or structure, either owned in fee or 34
leased and actually occupied as a place of business by the 35
applicant for the selling, bartering, trading, servicing, or 36
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exchanging of motor vehicles, boats, personal watercraft, or 37
trailers and wherein the public may contact the owner or 38
operator at any reasonable time, and wherein shall be kept 39
and maintained the books, records, files, and other matters 40
required and necessary to conduct the business. The 41
applicant shall maintain a working telephone number during 42
the entire registration year that will allow the public, the 43
board, and law enforcement to contact the applicant during 44
regular business hours. The applicant shall also maintain 45
an email address during the entire registration year that 46
may be used for official correspondence with the board. In 47
order to qualify as an established place of business for all 48
applicants licensed under this section, there shall be an 49
exterior sign displayed carrying the name of the business 50
set forth in letters at least six inches in height and 51
clearly visible to the public, and there shall be an area or 52
lot that shall not be a public street on which multiple 53
vehicles, boats, personal watercraft, or trailers may be 54
displayed. The sign shall contain the name of the 55
dealership by which it is known to the public through 56
advertising or otherwise, which need not be identical to the 57
name appearing on the dealership's license so long as such 58
name is registered as a fictitious name with the secretary 59
of state, has been approved by its line-make manufacturer in 60
writing in the case of a new motor vehicle franchise dealer 61
and a copy of such fictitious name registration has been 62
provided to the board. Dealers who sell only emergency 63
vehicles as defined in section 301.1000 are exempt from 64
maintaining a place of business, including the related law 65
enforcement certification requirements, and from meeting the 66
minimum yearly sales. 67
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3. For purposes of this section, an established place 68
of business shall be the location at which the dealership 69
regularly conducts sales activity, service, and all other 70
elements of the dealership's business, and that: 71
(1) Satisfies all local zoning regulations; 72
(2) Has sales, service, and office space devoted 73
exclusively to the dealership of at least two hundred fifty 74
square feet in a permanent, enclosed building not used as a 75
residence; 76
(3) Houses all records the dealership is required to 77
maintain under section 301.1027; 78
(4) Is equipped with a desk, chairs, filing space, a 79
telephone number by which the dealership owner may be 80
reached during posted business hours, and working utilities 81
including electricity and provisions for space heating; 82
(5) Displays a sign and business hours as required by 83
this section, except that this requirement shall not apply 84
to wholesale dealers; 85
(6) Has contiguous space designated for the exclusive 86
use of the dealership adequate to permit the display of at 87
least ten motor vehicles, except that this requirement shall 88
not apply to wholesale dealers or boat dealers; 89
(7) In the case of new motor vehicle franchise 90
dealers, the established place of business shall include 91
adequate facilities, tools, and personnel necessary to 92
properly service and repair motor vehicles and trailers 93
under their franchisor's warranty; and 94
(8) Is open to the public for business a minimum of 95
twenty hours per week, with business hours to be prominently 96
posted at the dealership location as provided by board 97
regulation, subject to the provisions of section 578.120. 98
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4. The licenses of all motor vehicle dealers, boat 99
dealers, and auctions shall specify the location of the 100
established place of business, and each license shall be 101
prominently displayed at each licensed established place of 102
business. Any dealer wishing to change location shall 103
provide the board with at least thirty days written advance 104
notice, and an inspection by the appropriate law enforcement 105
agency of the proposed new location shall be submitted prior 106
to approval of a change of location. There shall be no 107
additional fee for such approvals if the new location is 108
within the same city or county, and in such case the board 109
shall endorse the change of location on the current 110
license. A change in location to a different city or county 111
shall require a new license and an additional fee. 112
5. A franchised dealer may maintain more than one 113
location for the display and sale of motor vehicles under 114
the same license, provided that each location meets the 115
requirements of this section, that each location is 116
identified on the license application, and that nothing 117
within the dealer's franchise prohibits the additional 118
locations. However, a separate license shall be required 119
for each separate and distinct dealership as determined by 120
the board, but the board shall adopt regulations regarding 121
the requirements for issuance of multi-location permits to 122
allow a dealer to operate the same dealership from different 123
locations within the same city or county under the same 124
license, and shall adopt regulations regarding the approval 125
procedure and requirements to be followed by dealers wishing 126
to maintain a storage lot as defined in section 301.1000. 127
6. All initial applications shall contain a 128
photograph, not to exceed eight inches by ten inches, but no 129
less than five inches by seven inches, showing the business 130
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building, lot, and sign. A new motor vehicle franchise 131
dealer applicant who has purchased a currently licensed new 132
motor vehicle franchised dealership shall be allowed to 133
submit a photograph of the existing dealership building, 134
lot, and sign but shall be required to submit a new 135
photograph upon the installation of the new dealership sign 136
as required by this section. Applicants for license renewal 137
shall not be required to submit a photograph unless the 138
business has moved from its previously licensed location, or 139
unless the name of the business or address has changed, or 140
unless the class of business has changed. 141
7. Each motor vehicle dealer's place of business, 142
except wholesale dealers, shall be identified by a permanent 143
sign visible from the nearest public street so that the 144
public may quickly and easily identify the dealership. The 145
sign shall contain the name of the dealership by which it is 146
known to the public, which need not be identical to the name 147
appearing on the dealership's license so long as such name 148
is registered as a fictitious name with the secretary of 149
state, and a copy of such fictitious name registration has 150
been provided to the board. The name shall appear on the 151
sign in letters no less than six inches in height. 152
8. Motor vehicles sold by a public motor vehicle 153
auction licensee shall not require inspection under sections 154
307.350 to 307.400, provided that the licensee has not been 155
assigned the certificate of ownership to such vehicles and 156
is acting only as an agent for the sellers of such 157
vehicles. Any person holding a public motor vehicle auction 158
shall display in a conspicuous manner two signs each of 159
which shall bear the following warning in letters at least 160
six inches high: "Attention Buyers: Vehicles sold at this 161
auction may not have had a safety inspection." The 162
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dimensions of each sign shall be at least two feet by two 163
feet. 164
9. Every applicant as a motor vehicle dealer, 165
powersport dealer, boat dealer, manufacturer, boat 166
manufacturer, public motor vehicle auction, wholesale motor 167
vehicle auction, or wholesale motor vehicle dealer shall 168
furnish with the application a corporate surety bond or an 169
irrevocable letter of credit as defined in section 400.5- 170
102, issued by any state or federal financial institution in 171
the penal sum of fifty thousand dollars on a form approved 172
by the board. The bond or irrevocable letter of credit 173
shall be conditioned upon the dealer complying with the 174
provisions of this chapter and shall be an indemnity for any 175
loss sustained by reason of the acts of the person bonded 176
when such acts constitute grounds for the suspension or 177
revocation of the dealer's license. The bond shall be 178
executed in the name of the state of Missouri for the 179
benefit of all aggrieved parties or the irrevocable letter 180
of credit shall name the state of Missouri as the 181
beneficiary, except that the aggregate liability of the 182
surety or financial institution to the aggrieved parties 183
shall, in no event, exceed the amount of the bond or 184
irrevocable letter of credit. Additionally, every applicant 185
as a new motor vehicle franchise dealer, a used motor 186
vehicle dealer, a powersport dealer, a wholesale motor 187
vehicle dealer, or boat dealer shall furnish with the 188
application a copy of a current dealer garage policy bearing 189
the policy number and name of the insurer and the insured. 190
The proceeds of the bond or irrevocable letter of credit 191
furnished by an applicant shall be paid upon receipt by the 192
department of a final judgment from a Missouri court of 193
competent jurisdiction against the principal and in favor of 194
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an aggrieved party. The proceeds of the bond or irrevocable 195
letter of credit furnished by an applicant shall be paid at 196
the order of the department and in the amount determined by 197
the department to any buyer or interested lienholder up to 198
the greater of the amount required for the release of the 199
purchase money lien or the sales price paid by the buyer 200
where a dealer has failed to fulfill the dealer's 201
obligations under an agreement to assign and deliver title 202
to the buyer within thirty days under a contract entered 203
into under subsection 5 of section 301.210. The department 204
shall direct release of the bond or irrevocable letter of 205
credit proceeds upon presentation of a written agreement 206
entered into under subsection 5 of section 301.210, copies 207
of the associated sales and finance documents, and the 208
affidavit or affidavits of the buyer or lienholder stating 209
that the certificate of title with assignment thereof has 210
not been passed to the buyer within thirty days of the date 211
of the contract entered into under subsection 5 of section 212
301.210, that the dealer has not fulfilled the agreement 213
under the contract to repurchase the vehicle, that the buyer 214
or the lienholder has notified the dealer of the claim on 215
the bond or letter of credit, and the amount claimed by the 216
purchaser or lienholder. In addition, prior to directing 217
release and payment of the proceeds of a bond or irrevocable 218
letter of credit, the department shall ensure that there is 219
satisfactory evidence to establish that the vehicle that is 220
subject to the written agreement has been returned by the 221
buyer to the dealer or that the buyer has represented to the 222
department that the buyer will surrender possession of the 223
vehicle to the dealer upon payment of the proceeds of the 224
bond or letter of credit directed by the department. 225
Excepting ordinary wear and tear or mechanical failures not 226
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caused by the buyer, the amount of proceeds to be paid to 227
the buyer under the bond or irrevocable letter of credit 228
shall be reduced by an amount equivalent to any damage, 229
abuse, or destruction incurred by the vehicle while the 230
vehicle was in the buyer's possession as agreed between the 231
buyer and the dealer. The dealer may apply to a court of 232
competent jurisdiction to contest the claim on the bond or 233
letter of credit, including the amount of the claim and the 234
amount of any adjustment for any damage, abuse, or 235
destruction, by filing a petition with the court within 236
thirty days of the notification by the buyer or lienholder. 237
If the dealer does not fulfill the agreement or file a 238
petition to request judicial relief from the terms of the 239
agreement or contest the amount of the claim, the bond or 240
letter of credit shall be released by the department and 241
directed paid in the amount or amounts presented by the 242
lienholder or buyer. 243
10. Every applicant shall pay all applicable license 244
and examination fees as established by the board. The fees 245
established by the board shall not be less than one hundred 246
fifty dollars for initial licensure and annual license 247
renewal for all classifications of dealers. 248
11. In establishing fees for licensure, the board 249
shall attempt, as closely as practicable, to generate annual 250
revenues sufficient to cover the board's operational costs 251
in implementing sections 301.1000 to 301.1063. 252
301.1024. 1. Except as otherwise provided in 1
subsection 4 of this section, upon the initial issuance of a 2
license by the board, the board shall assign a distinctive 3
dealer license number or certificate of number to the 4
applicant and the board shall issue one number plate or 5
certificate bearing the distinctive dealer license number or 6
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certificate of number and two additional number plates or 7
certificates of number as quickly as practicable after 8
presentment of the application and payment by the applicant 9
of a fee of fifty dollars for the first plate or certificate 10
and ten dollars and fifty cents for each additional plate or 11
certificate. The board and the department of revenue shall 12
cooperate in order to create a system for the manufacture 13
and distribution of dealer and manufacturer license plates 14
authorized hereby. Upon renewal, the board shall issue the 15
distinctive dealer license number or certificate of number 16
as quickly as possible. The issuance of such distinctive 17
dealer license number or certificate of number shall be in 18
lieu of registering each motor vehicle, trailer, vessel or 19
vessel trailer dealt with by a boat dealer, boat 20
manufacturer, manufacturer, public motor vehicle auction, 21
wholesale motor vehicle dealer, wholesale motor vehicle 22
auction, or new or used motor vehicle dealer. The license 23
plates described in this section shall be made with fully 24
reflective material with a common color scheme and design, 25
shall be clearly visible at night, and shall be 26
aesthetically attractive, as prescribed by section 301.130. 27
2. Notwithstanding any other provision of the law to 28
the contrary, the board shall assign the following 29
distinctive dealer license numbers to: 30
31
32
New motor vehicle
franchise dealers
D-0 through D-99
33 New powersport dealers D-1000 through D-1999
34
35
Used motor vehicle and
used powersport dealers
D-2000 through D-9999
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For purposes of this subsection, qualified transactions 50
shall include the purchase of salvage-titled vehicles by a 51
licensed salvage dealer. A used motor vehicle dealer who 52
also holds a salvage dealer's license shall be allowed one 53
additional plate or certificate number per fifty-unit 54
qualified transactions annually. In order for salvage 55
dealers to obtain number plates or certificates under this 56
section, dealers shall submit to the board on August first 57
of each year a statement certifying, under penalty of 58
perjury, the dealer's number of purchases during the 59
reporting period of July first of the immediately preceding 60
year to June thirtieth of the present year. The provisions 61
of this subsection shall become effective on December 1, 62
2026. 63
36
37
Wholesale motor vehicle
dealers
W-0 through W-1999
38
39
Wholesale motor vehicle
auctions
WA-0 through WA-999
40
41
New and used trailer
dealers
T-0 through T-9999
42
43
Motor vehicle, trailer,
and boat manufacturers
DM-0 through DM-999
44
45
Public motor vehicle
auctions
A-0 through A-1999
46 Boat dealers M-0 through M-9999
47
48
49
New and used
recreational motor
vehicle dealers
RV-0 through RV-999
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3. Upon the sale of a currently licensed motor vehicle 64
dealership the board shall, upon request, authorize the new 65
approved dealer applicant to retain the selling dealer's 66
license number and shall cause the new dealer's records to 67
indicate such transfer. If the new approved dealer 68
applicant elects not to retain the selling dealer's license 69
number, the board shall issue the new dealer applicant a new 70
dealer's license number and an equal number of plates or 71
certificates as the board had issued to the selling dealer. 72
4. In the case of motor vehicle dealers, the board 73
shall issue one number plate bearing the distinctive dealer 74
license number and may issue one additional number plate to 75
the applicant upon payment by the dealer of a fifty-dollar 76
fee for the number plate bearing the distinctive dealer 77
license number and ten dollars and fifty cents for the 78
additional number plate. The board may issue a third plate 79
to the motor vehicle dealer upon completion of the dealer's 80
fifteenth qualified transaction and payment of a fee of ten 81
dollars and fifty cents. In the case of new motor vehicle 82
manufacturers, powersport dealers, recreational motor 83
vehicle dealers, and trailer dealers, the board shall issue 84
one number plate bearing the distinctive dealer license 85
number and may issue two additional number plates to the 86
applicant upon payment by the manufacturer or dealer of a 87
fifty-dollar fee for the number plate bearing the 88
distinctive dealer license number and ten dollars and fifty 89
cents for each additional number plate. Boat dealers and 90
boat manufacturers shall be entitled to one certificate of 91
number bearing such number upon the payment of a fifty- 92
dollar fee. Additional number plates and as many additional 93
certificates of number may be obtained upon payment of a fee 94
of ten dollars and fifty cents for each additional plate or 95
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certificate. New motor vehicle manufacturers shall not be 96
issued or possess more than three hundred forty-seven 97
additional number plates or certificates of number 98
annually. New and used motor vehicle dealers, powersport 99
dealers, wholesale motor vehicle dealers, boat dealers, and 100
trailer dealers are limited to one additional plate or 101
certificate of number per ten-unit qualified transactions 102
annually. New and used recreational motor vehicle dealers 103
are limited to two additional plates or certificate of 104
number per ten-unit qualified transactions annually for 105
their first fifty transactions and one additional plate or 106
certificate of number per ten-unit qualified transactions 107
thereafter. An applicant seeking the issuance of an initial 108
license shall indicate on his or her initial application the 109
applicant's proposed annual number of sales in order for the 110
board to issue the appropriate number of additional plates 111
or certificates of number. A motor vehicle dealer, trailer 112
dealer, boat dealer, powersport dealer, recreational motor 113
vehicle dealer, motor vehicle manufacturer, boat 114
manufacturer, or wholesale motor vehicle dealer obtaining a 115
distinctive dealer license plate or certificate of number or 116
additional license plate or additional certificate of 117
number, throughout the calendar year, shall be required to 118
pay a fee for such license plates or certificates of number 119
computed on the basis of one-twelfth of the full fee 120
prescribed for the original and duplicate number plates or 121
certificates of number for such dealers' licenses, 122
multiplied by the number of months remaining in the 123
licensing period for which the dealer or manufacturers shall 124
be required to be licensed. In the event of a renewing 125
dealer, the fee due at the time of renewal shall not be 126
prorated. Wholesale and public auctions shall be issued a 127
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certificate of dealer registration in lieu of a dealer 128
number plate. In order for dealers to obtain number plates 129
or certificates under this section, dealers shall submit to 130
the board on August first of each year a statement 131
certifying, under penalty of perjury, the dealer's number of 132
sales during the reporting period of July first of the 133
immediately preceding year to June thirtieth of the present 134
year. 135
5. The plates issued under this section may be 136
displayed on any motor vehicle owned by a new motor vehicle 137
manufacturer. The plates issued under this section may be 138
displayed on any motor vehicle or trailer owned and held for 139
resale by the motor vehicle dealer or manufacturer, and used 140
by a customer who is test driving the motor vehicle with the 141
dealer's permission, for use by any customer while the 142
customer's vehicle is being serviced or repaired by the 143
motor vehicle dealer, for use and display purposes during, 144
but not limited to, parades, private events, charitable 145
events, or for use by an employee or officer, but shall not 146
be displayed on any motor vehicle or trailer hired or loaned 147
to others or upon any regularly used service or wrecker 148
vehicle. Motor vehicle dealers may display their dealer 149
plates on a tractor, truck, or trailer to demonstrate a 150
vehicle under a loaded condition. Trailer dealers may 151
display their dealer license plates in like manner, except 152
such plates may only be displayed on trailers owned and held 153
for resale by the trailer dealer. 154
6. The certificates of number issued under this 155
section may be displayed on any vessel or vessel trailer 156
owned and held for resale by a boat manufacturer or a boat 157
dealer, and used by a customer who is test driving the 158
vessel or vessel trailer with the dealer's permission, or is 159
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used by an employee or licensed owner of the dealership, but 160
shall not be displayed on any vessel or vessel trailer hired 161
or loaned to others or upon any regularly used service 162
vessel or vessel trailer. Boat dealers and manufacturers 163
may display their certificate of number on a vessel or 164
vessel trailer that is being transported to an exhibit or 165
show. 166
7. It shall be unlawful to use or permit the use of 167
any dealer's license plates on vehicles for which there is 168
no automobile liability insurance coverage. No dealer's 169
license plates or certificates of number shall be issued 170
unless the dealer certifies to the board and department of 171
revenue that there is automobile liability insurance 172
coverage, or an approved certificate of self-insurance that 173
is in compliance with Missouri law. Such automobile 174
liability insurance or certificate of self-insurance shall 175
be maintained as long as each dealer license plate remains 176
valid. If insurance or a certificate of self-insurance is 177
not so maintained, the dealer's license plates shall be 178
surrendered to the board or the department of revenue. The 179
board may also cancel and recall any dealer license plate 180
under such circumstances and may cancel and recall any 181
license plate that has been used in any way not authorized 182
by the provisions of this section; board investigators are 183
authorized to pick up or remove such plates for return to 184
the board. Any person violating any of the provisions of 185
this section shall be guilty of a class A misdemeanor. 186
Misuse of any dealer license plate or certificate of number 187
shall constitute cause for discipline of a license under 188
section 301.1030. 189
8. If any law enforcement officer has probable cause 190
to believe that any license plate or certificate of number 191
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issued under this section is being misused in violation of 192
this section, the license plate or certificate of number may 193
be seized and surrendered to the board. 194
301.1027. 1. Any person licensed as a motor vehicle 1
dealer, boat dealer, manufacturer, boat manufacturer, public 2
motor vehicle auction, wholesale motor vehicle auction, or 3
wholesale motor vehicle dealer under the provisions of 4
sections 301.1000 to 301.1063 shall permit an employee of 5
the board or any law enforcement official showing valid 6
credentials to inspect, during normal business hours, any of 7
the business documents that are in his or her possession or 8
under his or her custody or control including, but not 9
limited to, the following: 10
(1) Any title to any motor vehicle or vessel; 11
(2) Any application for title to any motor vehicle or 12
vessel; 13
(3) Any affidavit provided under chapter 301 or 14
chapter 407; 15
(4) Any assignment of title to any motor vehicle or 16
vessel; 17
(5) Any disclosure statement or other document 18
relating to mileage or odometer readings required by the 19
laws of the United States or the laws of any other state; 20
(6) Any inventory and related documentation. 21
2. For purposes of this section, the term "law 22
enforcement official" shall mean any of the following: 23
(1) The attorney general, or any person designated by 24
the attorney general to make such an inspection; 25
(2) Any prosecuting attorney or any person designated 26
by a prosecuting attorney to make such an inspection; 27
(3) Any member or authorized or designated employee of 28
the highway patrol or water patrol; 29
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(4) Any sheriff or deputy sheriff; 30
(5) Any peace officer certified under chapter 590 31
acting in the officer's official capacity. 32
3. All dealer business records regarding lists of 33
vehicles in inventory for sale or that are on consignment; 34
vehicle purchases, sales, leases, trades, and transfers of 35
ownership; documents transferring or assigning title to any 36
vehicle or vessel; odometer disclosure statements; records 37
of dealer license plates assigned to the dealer and any 38
temporary certificates of ownership; and all other records 39
required by the board or department of revenue shall be 40
maintained on the premises of the established place of 41
business for the time periods set forth by board 42
regulation. The board may, on written request by a dealer, 43
permit records to be maintained at a location other than the 44
established place of business for good cause shown. 45
301.1030. 1. The board may refuse to issue any 1
license required under sections 301.1000 to 301.1063 for any 2
one or any combination of causes stated in subsection 2 of 3
this section. The board shall notify the applicant in 4
writing of the reasons for the refusal to issue the license 5
and shall advise the applicant of his or her right to file a 6
complaint with the administrative hearing commission as 7
provided by chapter 621. 8
2. The board may cause a complaint to be filed with 9
the administrative hearing commission as provided by chapter 10
621, against any holder of any license required under 11
sections 301.1000 to 301.1063 or any person who has failed 12
to renew or has surrendered his license for any one or any 13
combination of the following causes: 14
(1) The person was previously the holder of a license 15
issued under sections 301.1000 to 301.1063 or sections 16
SB 1056 82
301.550 to 301.580, or was previously a partner, 17
stockholder, or director or officer controlling or managing 18
a partnership or corporation holding such license, which 19
license was revoked for cause and never reissued by the 20
board, or which license was suspended for cause and the 21
terms of suspension have not been fulfilled; 22
(2) The person has been finally adjudicated and found 23
guilty, or entered a plea of guilty or nolo contendere, in a 24
criminal prosecution under the laws of any state, of the 25
United States, or of any country, for any offense directly 26
related to the duties and responsibilities of the 27
occupation, as set forth in section 324.012, regardless of 28
whether or not sentence is imposed; 29
(3) Use of fraud, deception, misrepresentation or 30
bribery in securing any license issued under sections 31
301.1000 to 301.1063; 32
(4) Obtaining or attempting to obtain any money, 33
commission, fee, barter, exchange, or other compensation by 34
fraud, deception, or misrepresentation; 35
(5) Violation of, or assisting or enabling any person 36
to violate any provisions of this chapter and chapters 143, 37
144, 306, 307, 407, 578, and 643 or of any lawful rule or 38
regulation adopted under this chapter and chapters 143, 144, 39
306, 307, 407, 578, and 643; 40
(6) The applicant or license holder has filed an 41
application for a license that, as of its effective date, 42
was incomplete in any material respect or contained any 43
statement that was, in light of the circumstances under 44
which it was made, false or misleading with respect to any 45
material fact; 46
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(7) The applicant or license holder has failed to pay 47
the proper application or license fee or fails to establish 48
or maintain an established place of business; 49
(8) The applicant or license holder uses or permits 50
the use of any license or license plate assigned to him or 51
her for any purpose other than those permitted by law; 52
(9) The applicant or license holder is finally 53
adjudged insane or incompetent by a court of competent 54
jurisdiction; 55
(10) Use of any advertisement or solicitation that 56
violates the provisions of section 301.1045 or is otherwise 57
false, deceptive, or misleading; 58
(11) Violations of sections 301.1000 to 301.1063, 59
chapter 407, or section 578.120 that resulted in a criminal 60
conviction or finding of guilt or violation of any federal 61
motor vehicle laws that result in a criminal conviction or 62
finding of guilt; 63
(12) Failing to comply subsequent to receipt of any 64
written warning from the board; 65
(13) Failing or refusing to pay any civil penalty 66
imposed by the board under section 301.1033; or 67
(14) Failing to maintain automobile liability 68
insurance or a certificate of self-insurance as required by 69
section 301.1024. 70
3. After the filing of such complaint, the proceedings 71
shall be conducted in accordance with the provisions of 72
chapter 621. Upon a finding by the administrative hearing 73
commission that the grounds, provided in subsection 2 of 74
this section, for disciplinary action are met, the board 75
may, singly or in combination, refuse to issue the person a 76
license, issue a license for a period of less than two 77
years, issue a private reprimand, issue a civil penalty not 78
SB 1056 84
to exceed five hundred dollars per violation or five 79
thousand dollars in the aggregate unless otherwise permitted 80
by law, place the person on probation on such terms and 81
conditions as the board deems appropriate for a period of 82
one day to five years, suspend the person's license from one 83
day to six days, or revoke the person's license for such 84
period as the board deems appropriate. The licensee shall 85
have the right to appeal the decision of the administrative 86
hearing commission and board in the manner provided in 87
chapter 536. 88
4. Upon the suspension or revocation of any person's 89
license issued under sections 301.1000 to 301.1063, the 90
board shall cancel and recall any dealer license plates or 91
certificates of number that were issued to that licensee. 92
If any licensee who has been suspended or revoked shall 93
neglect or refuse to surrender his or her license or 94
distinctive number license plates issued under sections 95
301.1000 to 301.1063, the board shall direct any agent or 96
employee of the department of revenue, or any law 97
enforcement officer, to secure possession thereof and return 98
such items to the director of revenue. For purposes of this 99
subsection, a "law enforcement officer" means any member of 100
the highway patrol, any sheriff or deputy sheriff, or any 101
peace officer certified under chapter 590 acting in his or 102
her official capacity. Failure of the licensee to surrender 103
his or her license or distinctive number license plates upon 104
demand by the board, any agent or employee of the department 105
of revenue, or any law enforcement officer shall be a class 106
A misdemeanor. 107
5. If at any time after disciplinary sanctions have 108
been imposed under this section or under any provision of 109
sections 301.1000 to 301.1063, the licensee removes himself 110
SB 1056 85
or herself from the state of Missouri, ceases to be 111
currently licensed under the provisions of sections 301.1000 112
to 301.1063, or fails to keep the board advised of his 113
current established place of business and residence, the 114
time of his absence, or unlicensed status, or unknown 115
whereabouts shall not be deemed or taken as any part of the 116
time of discipline so imposed. 117
6. Notwithstanding the foregoing provisions of this 118
section, the following events or acts by the holder of any 119
license issued under sections 301.1000 to 301.1063 are 120
deemed to present a clear and present danger to the public 121
welfare and shall be considered cause for suspension or 122
revocation of such license under the procedure set forth in 123
subsection 7 of this section at the discretion of the board: 124
(1) The expiration or revocation of any corporate 125
surety bond or irrevocable letter of credit, as required by 126
section 301.1021, without submission of a replacement bond 127
or letter of credit that provides coverage for the entire 128
period of licensure; 129
(2) The failure to maintain an established place of 130
business as required by section 301.1021; 131
(3) Criminal convictions as set forth in subdivision 132
(2) of subsection 2 of this section, whether or not sentence 133
is imposed; or 134
(4) Three or more occurrences of violations that have 135
been established following proceedings before the 136
administrative hearing commission under subsection 3 of this 137
section, or which have been established following 138
proceedings before the director under subsection 7 of this 139
section, of this chapter and chapters 143, 144, 306, 307, 140
578, and 643 or of any lawful rule or regulation adopted 141
SB 1056 86
under this chapter and chapters 143, 144, 306, 307, 578, and 142
643, not previously set forth herein. 143
7. (1) Any license issued under sections 301.1000 to 144
301.1063 may be suspended or revoked, following an 145
evidentiary hearing before the board or its designated 146
hearing officer, if affidavits or sworn testimony by an 147
authorized agent of the board alleges the occurrence of any 148
of the events or acts described in subsection 6 of this 149
section. 150
(2) For any license that the board believes may be 151
subject to suspension or revocation under this subsection, 152
the board shall immediately issue a notice of hearing to the 153
licensee of record. The board's notice of hearing: 154
(a) Shall be served upon the licensee personally or by 155
first-class mail to the dealer's last known address, as 156
registered with the board; 157
(b) Shall be based on affidavits or sworn testimony 158
presented to the board, and shall notify the licensee that 159
such information presented therein constitutes cause to 160
suspend or revoke the licensee's license; 161
(c) Shall provide the licensee with a minimum of ten 162
days' notice prior to hearing; 163
(d) Shall specify the events or acts that may provide 164
cause for suspension or revocation of the license and shall 165
include with the notice a copy of all affidavits, sworn 166
testimony, or other information presented to the board that 167
support discipline of the license; and 168
(e) Shall inform the licensee that he or she has the 169
right to attend the hearing and present any evidence in his 170
or her defense, including evidence to show that the event or 171
act that may result in suspension or revocation has been 172
SB 1056 87
corrected to the board's satisfaction, and that he or she 173
may be represented by counsel at the hearing. 174
(3) At any hearing before the board conducted under 175
this subsection, the board or its designated hearing officer 176
shall consider all evidence relevant to the issue of whether 177
the license should be suspended or revoked due to the 178
occurrence of any of the acts set forth in subsection 5 of 179
this section. Within twenty business days after such 180
hearing, the board or its designated hearing officer shall 181
issue a written order, with findings of fact and conclusions 182
of law, that either grants or denies the issuance of an 183
order of suspension or revocation. The suspension or 184
revocation shall be effective ten days after the date of the 185
order. The written order of the board or its hearing 186
officer shall be the final decision of the board and shall 187
be subject to judicial review under the provisions of 188
chapter 536. 189
(4) Notwithstanding the provisions of this chapter or 190
chapter 610 or 621 to the contrary, the proceedings under 191
this subsection shall be closed, and no order shall be made 192
public until it is final, for purposes of appeal. 193
301.1033. (1) Upon a finding by the administrative 1
hearing commission under subsections 2 and 3 of section 2
301.1030, any person violating any of the provisions of 3
sections 301.1000 to 301.1063 may be assessed a civil 4
penalty by the board in lieu of or as a condition of any 5
other penalty authorized by this chapter. No such civil 6
penalty shall exceed five hundred dollars per violation or 7
five thousand dollars in the aggregate unless otherwise 8
permitted by law. Civil penalties collected under sections 9
301.1000 to 301.1063 shall be deposited in the state 10
treasury to the credit of the state highway fund. 11
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(2) In lieu of acting under subsection 2, 3, 6, or 7 12
of section 301.1030, the board may enter into an agreement 13
with the holder of the license to ensure future compliance 14
with sections 301.210, 301.213, 307.380, sections 301.217 to 15
301.229, and sections 301.1000 to 301.1063. Such agreement 16
may include an assessment fee not to exceed five hundred 17
dollars per violation or five thousand dollars in the 18
aggregate unless otherwise permitted by law, probation terms 19
and conditions, and other requirements as may be deemed 20
appropriate by the board and the holder of the license. Any 21
fees collected by the board under this subsection shall be 22
deposited in the state treasury to the credit of the state 23
highway fund. 24
301.1036. 1. The board or its designated 1
representative may issue process, subpoena witnesses, 2
administer oaths, examine books and papers, and require the 3
production thereof, and cause the deposition of any witness 4
to be taken and the costs thereof paid as other costs under 5
sections 301.1000 to 301.1063. Any party may process to 6
compel the attendance of witnesses and the production of 7
books and papers, and at the party's own cost to take and 8
use depositions in like manner as in civil cases in the 9
circuit court. The subpoena shall extend to all parts of 10
the state and may be served as in civil actions in the 11
circuit court, but the costs of the service shall be as in 12
other civil actions. Each witness shall receive the fees 13
and mileage prescribed by law in civil cases, but the same 14
shall not be allowed as costs to the party on whose behalf 15
the witness was summoned unless the person who conducts the 16
hearing certifies that the testimony of the witness was 17
necessary. All costs under this section shall be approved 18
by the board and paid out of the Missouri motor vehicle 19
SB 1056 89
board fund established in section 301.1009, except that if 20
the board determines that any proceedings are brought, 21
prosecuted, or defended without reasonable ground, it may 22
assess the whole cost of the proceedings upon the party who 23
brought, prosecuted, or defended the proceedings. 24
2. If any person subpoenaed to appear at any hearing 25
or proceeding fails to obey the command of such subpoena 26
without reasonable cause or if any person attending a 27
hearing or proceeding shall, without reasonable cause, 28
refuse to be sworn or to be examined or to answer a question 29
or to produce a book or paper or to subscribe or swear to 30
his or her deposition, such person is guilty of a class B 31
misdemeanor and, on conviction thereof, shall be punished by 32
a fine of not more than five hundred dollars, or by 33
imprisonment in the county jail for not more than one year, 34
or by both such fine and imprisonment, and in the case of a 35
continuing violation, each day's continuance thereof shall 36
be a separate and distinct offense. 37
301.1039. 1. Upon application by the board, and the 1
necessary burden having been met, a court of general 2
jurisdiction may grant an injunction, restraining order, or 3
other order as may be appropriate to enjoin a person from: 4
(1) Offering to engage or engaging in the performance 5
of any acts or practices for which a license is required 6
under the provisions of sections 301.1000 to 301.1063, upon 7
a showing that such acts or practices were performed or 8
offered to be performed without a license; or 9
(2) Violating any provision of sections 301.1000 to 10
301.1063, any rule promulgated by the board pursuant 11
thereto, or violating any provision of chapter 301, 307, or 12
407, or section 578.120. 13
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2. Any action brought under this section shall be in 14
addition to and not in lieu of any remedy provided by this 15
chapter and may be brought concurrently with other actions 16
to enforce this chapter. 17
301.1042. 1. For purposes of this section, a 1
violation of any of the following advertising standards 2
shall be deemed an attempt by the advertising dealer, or by 3
the manufacturer in the case of manufacturer-sponsored 4
advertising, to obtain a fee or other compensation by fraud, 5
deception, or misrepresentation in violation of section 6
301.1030: 7
(1) A motor vehicle shall not be advertised as new, 8
either by express terms or implication, unless it is a new 9
motor vehicle as defined in section 301.1000; 10
(2) When advertising any motor vehicle that is not a 11
new motor vehicle, such advertisement shall expressly 12
identify that the motor vehicle is a used motor vehicle by 13
express use of the term "used", or by such other term as is 14
commonly understood to mean that the vehicle is used; 15
(3) Any terms, conditions, and disclaimers relating to 16
the advertised motor vehicle's price or financing options 17
shall be stated clearly and conspicuously. An asterisk or 18
other reference symbol may be used to point to a disclaimer 19
or other information, but shall not be used as a means of 20
contradicting or changing the meaning of an advertised 21
statement; 22
(4) The expiration date, if any, of an advertised sale 23
or vehicle price shall be clearly and conspicuously 24
disclosed. In the absence of such disclosure, the 25
advertised sale or vehicle price shall be deemed effective 26
so long as such vehicles remain in the advertising 27
dealership's inventory; 28
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(5) The terms "list price", "sticker price", or 29
"suggested retail price" and similar terms, shall be used 30
only in reference to the manufacturer's suggested retail 31
price for new motor vehicles, and, if used, shall be 32
accompanied by a clear and conspicuous disclosure that such 33
terms represent the manufacturer's suggested retail price of 34
the advertised vehicle; 35
(6) Terms such as "at cost", "$______ above cost", 36
"invoice price", and "$______ below/over invoice" shall not 37
be used in advertisements because of the difficulty in 38
determining a dealer's actual net cost at the time of the 39
sale; 40
(7) When the price or financing terms of a motor 41
vehicle are advertised, the vehicle shall be fully 42
identified as to year, make, and model. In addition, in 43
advertisements placed by individual dealers and not line- 44
make marketing groups, the advertised price or credit terms 45
shall include all charges that the buyer must pay to the 46
dealer, except buyer-selected options and state and local 47
taxes. If a processing fee and freight or destination 48
charges are not included in the advertised price, the amount 49
of any such processing fee and freight or destination charge 50
shall be clearly and conspicuously disclosed within the 51
advertisement; 52
(8) Advertisements of dealer rebates shall not be 53
used; however, this shall not be deemed to prohibit the 54
advertising of manufacturer rebates, so long as all material 55
terms of such rebates are clearly and conspicuously 56
disclosed; 57
(9) "Free", or "at no cost", shall not be used if any 58
purchase is required to qualify for the free item, 59
merchandise, or service; 60
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(10) Bait advertising, in which an advertiser may have 61
no intention to sell at the prices or terms advertised, 62
shall not be used. Bait advertising shall include, but not 63
be limited to, the following examples: 64
(a) Not having available for sale, the advertised 65
motor vehicles at the advertised prices. If a specific 66
vehicle is advertised, the dealer shall be in possession of 67
a reasonable supply of such vehicles, and they shall be 68
available at the advertised price. If the advertised 69
vehicle is available only in limited numbers or only by 70
order, such limitations shall be stated in the advertisement; 71
(b) Advertising a motor vehicle at a specified price, 72
including such terms as "as low as $_________", but having 73
available for sale only vehicles equipped with dealer added 74
cost options that increase the selling price above the 75
advertised price; 76
(11) Any reference to monthly payments, down payments, 77
or other reference to financing or leasing information shall 78
be accompanied by a clear and conspicuous disclosure of the 79
following: 80
(a) Whether the payment or other information relates 81
to a financing or a lease transaction; 82
(b) If the payment or other information relates to a 83
financing transaction, the minimum down payment, annual 84
percentage interest rate, and number of payments necessary 85
to obtain the advertised payment amount shall be disclosed, 86
in addition to any special qualifications required for 87
obtaining the advertised terms including, but not limited 88
to, first time buyer discounts, college graduate discounts, 89
and similar programs, and a statement concerning whether the 90
advertised terms are subject to credit approval; 91
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(c) If the payment or other information relates to a 92
lease transaction, the total amount due from the purchaser 93
at signing with such costs broken down and identified by 94
category, lease term expressed in number of months, whether 95
the lease is closed-end or open-end, and total cost to the 96
lessee over the lease term in dollars; 97
(12) Any advertisement that states or implies that the 98
advertising dealer has a special arrangement or relationship 99
with the distributor or manufacturer, as compared to 100
similarly situated dealers, shall not be used; 101
(13) Any advertisement that, in the circumstances 102
under which it is made or applied, is false, deceptive, or 103
misleading shall not be used; 104
(14) No abbreviations for industry words or phrases 105
shall be used in any advertisement unless such abbreviations 106
are accompanied by the fully spelled or spoken words or 107
phrases. 108
2. The requirements of this section shall apply 109
regardless of whether a dealer advertises by means of print, 110
broadcast, or electronic media, or direct mail. If the 111
advertisement is by means of a broadcast or print media, a 112
dealer may provide the disclaimers and disclosures required 113
under subdivision (3) of subsection 1 of this section by 114
reference to an internet web page or toll-free telephone 115
number containing the information required to be disclosed. 116
3. Dealers shall clearly and conspicuously identify 117
themselves in each advertisement by use of a dealership name 118
that complies with section 301.1021. 119
301.1045. 1. Except as provided in this section, it 1
shall be unlawful for a motor vehicle dealer to sell or 2
offer to sell any motor vehicle away from the dealer's 3
registered place of business. It shall not be a violation 4
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of this section for a motor vehicle dealer to deliver a 5
motor vehicle to a customer for a test drive away from the 6
dealer's registered place of business; deliver documents to 7
a customer to sign away from the dealer's registered place 8
of business; deliver documents to, or obtain documents from, 9
a customer away from the dealer's registered place of 10
business; or deliver a motor vehicle to a customer away from 11
the dealer's registered place of business. 12
2. The sale of vehicles at off-site sales shall be 13
limited to sales by a seller of vehicles used and titled 14
solely in its ordinary course of business, and such sales 15
shall be held in conjunction with a credit union and limited 16
to members of the credit union, thus constituting a private 17
sale to be advertised to members only. 18
3. Off-site sales by a seller of vehicles used and 19
titled solely in its ordinary course of business may also be 20
held in conjunction with other financial institutions, 21
provided that any such sale event shall be held on the 22
premises of the financial institution, and sales shall be 23
limited to persons who were customers of the financial 24
institution prior to the date of the sale event. Off-site 25
sales held with such other financial institutions shall be 26
limited to one sale per year per institution. 27
4. A motor vehicle dealer may participate in up to two 28
off-premise motor vehicle shows or sales annually and 29
conduct sales of motor vehicles away from the dealer's 30
registered place of business, which, for purposes of this 31
section, shall be considered off-premise events, provided 32
the following: 33
(1) The off-premise event shall be conducted for not 34
more than five consecutive days; 35
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(2) The off-premise event shall not require any motor 36
vehicle dealer participant to pay an unreasonably 37
prohibitive participation fee: 38
(a) Participation fees may include those costs 39
reasonably necessary for the off-premise event such as 40
rental of real property and provision of insurance coverage; 41
(b) If a participation fee is required, the fee shall 42
be the same for all motor vehicle dealers participating in 43
the event, but in no event shall any participation fee 44
exceed five hundred dollars per participant; 45
(3) A majority of motor vehicle dealers within a class 46
of dealers described in subsection 3 of section 301.1000 47
that are located within the city or town in which the off- 48
premise event is situated participate in the event or are 49
notified via mail or electronic means and have the 50
opportunity to participate in the event; 51
(4) A majority of motor vehicle dealers within a class 52
of dealers described in subsection 3 of section 301.1000 53
that are located within a ten-mile radius of the location of 54
the off-premise event participate in the event or are 55
notified via mail or electronic means and have the 56
opportunity to participate in the event; 57
(5) Notices provided under subdivisions (3) and (4) of 58
this subsection shall be provided not less than forty-five 59
days before the off-premise event is to take place and 60
invited dealers shall be given at least five business days 61
to respond to the notice; 62
(6) The organizer of the off-premise event shall 63
provide a copy of the notices issued under subdivisions (3) 64
and (4) of this subsection to the director at the time they 65
are mailed or electronically transmitted to the prospective 66
participants; and 67
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(7) No motor vehicle dealer shall participate in any 68
off-premise event that is more than ten miles from its 69
licensed location. 70
5. Provided the requirements of this section are met, 71
the department shall consider such events to be proper in 72
all respects and as if each dealer participant were 73
conducting business at the dealer's usual business 74
location. Nothing contained in this section shall be 75
construed as applying to the sale of motor vehicles or 76
trailers through either a wholesale motor vehicle auction or 77
public motor vehicle auction. A recreational motor vehicle 78
dealer, as classified by subdivision (7) of subsection 3 of 79
section 301.1000, may participate in an off-premise event 80
even if a majority of recreational motor vehicle dealers in 81
a city or town do not participate in the event. 82
6. A recreational vehicle dealer, as that term is 83
defined in section 700.010, who is licensed in another state 84
may participate in recreational vehicle shows or exhibits 85
with recreational vehicles within this state in which less 86
than fifty dealers participate as exhibitors with permission 87
of the dealer's licensed manufacturer if all of the 88
following conditions exist: 89
(1) The show or exhibition has a minimum of ten 90
recreational vehicle dealers licensed as motor vehicle 91
dealers in this state; 92
(2) More than fifty percent of the participating 93
recreational vehicle dealers are licensed motor vehicle 94
dealers in this state; and 95
(3) The state in which the recreational vehicle is 96
licensed is a state contiguous to Missouri and the state 97
permits recreational vehicle dealers licensed in Missouri to 98
participate in recreational vehicle shows in such state 99
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under conditions substantially equivalent to the conditions 100
that are imposed on dealers from such state who participate 101
in recreational vehicle shows in Missouri. 102
7. A recreational vehicle dealer licensed in another 103
state may participate in a vehicle show or exhibition in 104
Missouri that has, when it opens to the public, at least 105
fifty dealers displaying recreational vehicles if the show 106
or exhibition is trade-oriented and is predominantly funded 107
by recreational vehicle manufacturers. All of the 108
participating dealers who are not licensed in Missouri shall 109
be licensed as recreational vehicle dealers by the state of 110
their residence. 111
8. A recreational vehicle dealer licensed in another 112
state who intends to participate in a vehicle show or 113
exhibition in this state shall send written notification of 114
such intended participation to the department at least 115
thirty days prior to the vehicle show or exhibition. Upon 116
receipt of such written notification, the department shall 117
make a determination regarding compliance with the 118
provisions of this section. If such recreational vehicle 119
dealer would be unable to participate in the vehicle show or 120
exhibition in this state under this section, the department 121
shall notify the recreational vehicle dealer at least 122
fifteen days prior to the vehicle show or exhibition of the 123
inability to participate in the vehicle show or exhibition 124
in this state. 125
9. The department may assess a fine of up to one 126
thousand dollars for the off-premise sale or display of any 127
motor vehicle in violation of this section. 128
301.1048. New motor vehicles may be exchanged for 1
resale from one new motor vehicle franchised dealer to 2
another who is franchised to sell the same make of new motor 3
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vehicles by assignment of the manufacturer's statement of 4
origin. Such exchange shall not be deemed to be a sale and 5
shall not require the motor vehicle dealer to register and 6
make application for a certificate of ownership as set out 7
in this chapter. However, when an exchange by assignment of 8
the manufacturer's statement of origin is between a new 9
motor vehicle franchised dealer and another motor vehicle 10
dealer who has a franchise for a different make of motor 11
vehicle or a motor vehicle dealer who is not a new motor 12
vehicle franchised dealer, the transaction shall be deemed a 13
sale and shall void the resale of that motor vehicle as a 14
new motor vehicle, and it shall be unlawful for any motor 15
vehicle dealer to hold forth, offer for sale, advertise, or 16
sell such motor vehicle as a new motor vehicle. A motor 17
vehicle dealer shall not assign ownership on any vehicle in 18
a retail sale by the assignment of a manufacturer's 19
statement of origin unless it is franchised by the 20
manufacturer to sell that particular make of vehicle; 21
however, this provision shall not take effect if the motor 22
vehicle dealer and the manufacturer are in the process of 23
negotiating a new franchise agreement, or the motor vehicle 24
dealer has filed a timely protest to the manufacturer or 25
appealed under section 407.825, of the motor vehicle 26
franchise practices act. The provisions of this section 27
shall not apply to mobile homes or trailers. 28
[301.558.] 301.1051. 1. A motor vehicle dealer, 1
trailer dealer, boat dealer, or powersport dealer may fill 2
in the blanks on standardized forms in connection with the 3
sale or lease of a new or used motor vehicle, trailer, 4
vessel, or vessel trailer if the motor vehicle dealer, 5
trailer dealer, boat dealer, or powersport dealer does not 6
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charge for the services of filling in the blanks or 7
otherwise charge for preparing documents. 8
2. A motor vehicle dealer, trailer dealer, boat 9
dealer, or powersport dealer may charge an administrative 10
fee in connection with the sale or lease of a new or used 11
motor vehicle, trailer, vessel, or vessel trailer for the 12
storage of documents or any other administrative or clerical 13
services not prohibited by this section. A portion of the 14
administrative fee may result in profit to the motor vehicle 15
dealer, trailer dealer, boat dealer, or powersport dealer. 16
3. (1) Ten percent of any fee authorized under this 17
section and charged by motor vehicle dealers or trailer 18
dealers shall be remitted to the motor vehicle 19
administration technology fund established in this 20
subsection, for the development of the system specified in 21
this subsection. Following the development of the system 22
specified in this subsection, the director of the department 23
of revenue shall notify motor vehicle dealers and trailer 24
dealers, and implement the system, and the percentage of any 25
fee authorized under this section required to be remitted to 26
the fund shall be reduced to three and one-half percent, 27
which shall be used for maintenance of the system. This 28
subsection shall expire on January 1, 2037. 29
(2) There is hereby created in the state treasury the 30
"Motor Vehicle Administration Technology Fund", which shall 31
consist of money collected as specified in this subsection. 32
The state treasurer shall be custodian of the fund. In 33
accordance with sections 30.170 and 30.180, the state 34
treasurer may approve disbursements. The fund shall be a 35
dedicated fund and money in the fund shall be used solely by 36
the department of revenue for the purpose of development and 37
maintenance of a modernized, integrated system for the 38
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titling of vehicles, issuance and renewal of vehicle 39
registrations, issuance and renewal of driver's licenses and 40
identification cards, and perfection and release of liens 41
and encumbrances on vehicles. 42
(3) Notwithstanding the provisions of section 33.080 43
to the contrary, any moneys remaining in the fund at the end 44
of the biennium shall not revert to the credit of the 45
general revenue fund. 46
(4) The state treasurer shall invest moneys in the 47
fund in the same manner as other funds are invested. Any 48
interest and moneys earned on such investments shall be 49
credited to the fund. 50
4. No motor vehicle dealer, trailer dealer, boat 51
dealer, or powersport dealer that sells or leases new or 52
used motor vehicles, trailers, vessels, or vessel trailers 53
and imposes an administrative fee of five hundred dollars or 54
less in connection with the sale or lease of a new or used 55
motor vehicle, trailer, vessel, or vessel trailer for the 56
storage of documents or any other administrative or clerical 57
services shall be deemed to be engaging in the unauthorized 58
practice of law. The maximum administrative fee permitted 59
under this subsection shall be increased annually by an 60
amount equal to the percentage change in the annual average 61
of the Consumer Price Index for All Urban Consumers or its 62
successor index, as reported by the federal Bureau of Labor 63
Statistics or its successor agency, or by zero, whichever is 64
greater. The director of the department of revenue shall 65
annually furnish the maximum administrative fee determined 66
under this section to the secretary of state, who shall 67
publish such value in the Missouri Register as soon as 68
practicable after January fourteenth of each year. 69
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5. If an administrative fee is charged under this 70
section, the same administrative fee shall be charged to all 71
retail customers unless the fee is limited by the dealer's 72
franchise agreement to certain classes of customers. The 73
fee shall be disclosed on the retail buyer's order form as a 74
separate itemized charge. 75
6. A preliminary worksheet on which a sale price is 76
computed and that is shown to the purchaser, a retail 77
buyer's order form from the purchaser, or a retail 78
installment contract shall include, in reasonable proximity 79
to the place on the document where the administrative fee 80
authorized by this section is disclosed, the amount of the 81
administrative fee and the following notice in type that is 82
boldfaced, capitalized, underlined, or otherwise 83
conspicuously set out from the surrounding written material: 84
"AN ADMINISTRATIVE FEE IS NOT AN OFFICIAL FEE 85
AND IS NOT REQUIRED BY LAW BUT MAY BE CHARGED BY 86
A DEALER. THIS ADMINISTRATIVE FEE MAY RESULT IN 87
A PROFIT TO DEALER. NO PORTION OF THIS 88
ADMINISTRATIVE FEE IS FOR THE DRAFTING, 89
PREPARATION, OR COMPLETION OF DOCUMENTS OR THE 90
PROVIDING OF LEGAL ADVICE. THIS NOTICE IS 91
REQUIRED BY LAW.". 92
7. The general assembly believes that an 93
administrative fee charged in compliance with this section 94
is not the unauthorized practice of law or the unauthorized 95
business of law so long as the activity or service for which 96
the fee is charged is in compliance with the provisions of 97
this section and does not result in the waiver of any rights 98
or remedies. Recognizing, however, that the judiciary is 99
the sole arbitrator of what constitutes the practice of law, 100
in the event that a court determines that an administrative 101
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fee charged in compliance with this section, and that does 102
not waive any rights or remedies of the buyer, is the 103
unauthorized practice of law or the unauthorized business of 104
law, then no person who paid that administrative fee may 105
recover [said] such fee or treble damages, as permitted 106
under section 484.020, and no person who charged that fee 107
shall be guilty of a misdemeanor, as provided under section 108
484.020. 109
301.1054. 1. An out-of-state show promoter of 1
recreational vehicles, as that term is defined in section 2
700.010, may hold recreational vehicle shows or exhibits 3
with recreational vehicles within this state if the 4
following conditions exist: 5
(1) The show or exhibition has a minimum of ten 6
recreational vehicle dealers licensed as motor vehicle 7
dealers in this state; and 8
(2) More than fifty percent of the participating 9
recreational vehicle dealers are licensed motor vehicle 10
dealers in this state. 11
2. A violation of subsection 1 of this section shall 12
result in a five thousand dollar fine. 13
301.1057. 1. For purposes of this section, the 1
following terms mean: 2
(1) "Mobility motor vehicle", a motor vehicle that is 3
designed and equipped to transport a person with a 4
disability and: 5
(a) Contains a lowered floor or lowered frame or a 6
raised roof or raised door; 7
(b) Contains an electronic or mechanical wheelchair, 8
scooter, or platform lift that enables a person to enter or 9
exit the vehicle while occupying a wheelchair or scooter; an 10
electronic or mechanical wheelchair ramp; or a system to 11
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secure a wheelchair or scooter to allow for a person to be 12
safely transported while occupying the wheelchair or 13
scooter; and 14
(c) Is installed as an integral part or permanent 15
attachment to the motor vehicle chassis; 16
(2) "Mobility motor vehicle dealer", a dealer who is 17
licensed as a new or used motor vehicle dealer under this 18
chapter who is engaged in the business of buying, selling, 19
or exchanging mobility motor vehicles and servicing or 20
repairing mobility motor vehicles at an established and 21
permanent place of business. 22
2. Notwithstanding any other provision of law to the 23
contrary, a mobility motor vehicle dealer may: 24
(1) Purchase or otherwise acquire a new motor vehicle 25
from a franchised dealer to fit or equip the motor vehicle 26
for retail sale as a mobility motor vehicle from a 27
franchised dealer wherever located; 28
(2) Display a new motor vehicle to a person with a 29
disability to fit or equip the vehicle as a mobility motor 30
vehicle for the person; or 31
(3) Sell a new motor vehicle that has been fitted or 32
equipped as a new mobility motor vehicle with the resale 33
occurring through or by a franchised dealer. 34
3. A mobility motor vehicle dealer who purchased or 35
acquired a new motor vehicle from a franchised dealer to 36
equip the vehicle as a mobility vehicle shall not advertise 37
the vehicle for resale until the vehicle is fitted or 38
equipped as a mobility motor vehicle. 39
4. A mobility motor vehicle dealer shall not, except 40
as permitted by subdivision (2) of subsection 2 of this 41
section, display or offer to display a new motor vehicle 42
that is not a mobility motor vehicle to the public. 43
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301.1060. 1. The board may issue special event motor 1
vehicle auction licenses under the provisions of this 2
section. For purposes of this section, a "special event 3
motor vehicle auction" is a motor vehicle auction that: 4
(1) Ninety percent of the vehicles being auctioned are 5
at least ten years old or older; 6
(2) The licensee shall auction no more than three 7
percent of the total number of vehicles presented for 8
auction that are owned and titled in the name of the 9
licensee or its owners; and 10
(3) The duration is no more than three consecutive 11
calendar days and is held no more than three times in a 12
calendar year by a licensee. 13
2. A special event motor vehicle auction shall be 14
considered a public motor vehicle auction for purposes of 15
sections 301.1000 to 301.1063. 16
3. An application for a special event motor vehicle 17
auction license shall be received by the board at least 18
ninety days prior to the beginning of the special event 19
auction. 20
4. Applicants for a special motor vehicle auction are 21
limited to no more than three special event auctions in any 22
calendar year. A separate application is required for each 23
special event motor vehicle auction. 24
5. At least ninety percent of the vehicles being 25
auctioned at a special event motor vehicle auction shall be 26
ten years old or older. The licensee shall, within ten days 27
of the conclusion of a special event motor vehicle auction, 28
submit a report in the form approved by the board to the 29
board that includes the make, model, year, and vehicle 30
identification number of each vehicle included in the 31
auction. Every vehicle included in the special event 32
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auction shall be listed, including those vehicles that were 33
auctioned and sold and those vehicles that were auctioned 34
but did not sell. Violation of this subsection is a class A 35
misdemeanor. 36
6. The applicant for the special event motor vehicle 37
auction shall be responsible for ensuring that a sales tax 38
license or special event sales tax license is obtained for 39
the event if one is required. 40
7. The fee for a special event motor vehicle auction 41
license shall be one thousand dollars. For every vehicle 42
auctioned in violation of subsection 5 of this section, an 43
administrative fee of five hundred dollars shall be paid to 44
the board. Such fees shall be deposited in like manner as 45
other license fees of this section. 46
8. In addition to the causes set forth in section 47
301.1030, the board may promulgate rules that establish 48
additional causes to refuse to issue or to revoke a special 49
event license. 50
9. A special motor vehicle auction shall last no more 51
than three consecutive days. 52
10. The applicant for a special event motor vehicle 53
auction shall be registered to conduct business in this 54
state. 55
11. Every applicant for a special event motor vehicle 56
auction license shall furnish with the application a 57
corporate surety bond or an irrevocable letter of credit as 58
defined in section 400.5-102 issued by any state or federal 59
financial institution in the penal sum of one hundred 60
thousand dollars on a form approved by the board. The bond 61
or irrevocable letter of credit shall be conditioned upon 62
the applicant complying with the provisions of the statutes 63
applicable to a special event auction license holder and the 64
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bond shall be an indemnity for any loss sustained by reason 65
of the acts of the person bonded when such acts constitute 66
grounds for the revocation or denial of a special event 67
auction license. The bond shall be executed in the name of 68
the state of Missouri for the benefit of all aggrieved 69
parties or the irrevocable letter of credit shall name the 70
state of Missouri as the beneficiary. The aggregate 71
liability of the surety or financial institution to the 72
aggrieved parties shall not exceed the amount of the bond or 73
irrevocable letter of credit. The proceeds of the bond or 74
irrevocable letter of credit shall be paid upon receipt by 75
the board of a final judgment from a Missouri court of 76
competent jurisdiction against the principal and in favor of 77
an aggrieved party. 78
12. No dealer, driveaway, auction, or wholesale 79
plates, or temporary permit booklets, shall be issued in 80
conjunction with a special event motor vehicle auction 81
license. 82
13. Any person or entity who sells a vehicle at a 83
special event motor vehicle auction shall provide, to the 84
buyer, current contact information including, but not 85
limited to, name, address, and telephone number. 86
14. Any rule or portion of a rule, as that term is 87
defined in section 536.010, that is created under the 88
authority delegated in this section shall become effective 89
only if it complies with and is subject to all of the 90
provisions of chapter 536 and, if applicable, section 91
536.028. This section and chapter 536 are nonseverable and 92
if any of the powers vested with the general assembly 93
pursuant to chapter 536 to review, to delay the effective 94
date, or to disapprove and annul a rule are subsequently 95
held unconstitutional, then the grant of rulemaking 96
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authority and any rule proposed or adopted after August 28, 97
2026, shall be invalid and void. 98
301.1063. A motor vehicle dealer, as defined in 1
section 301.1000, and the dealer's owners, shareholders, 2
officers, employees, and agents who, in conjunction with the 3
actual or potential sale or lease of a motor vehicle, 4
arrange to provide, actually provide, or otherwise make 5
available to a vehicle purchaser, lessee, or other person 6
any third-party motor vehicle history report shall not be 7
liable to the vehicle purchaser, lessee, or other person for 8
any errors, omissions, or other inaccuracies contained in 9
the third-party motor vehicle history report that are not 10
based on information provided directly to the preparer of 11
the third-party motor vehicle history report by that 12
dealer. For purposes of this section, a "third-party motor 13
vehicle report" means any information prepared by a party 14
other than the dealer relating to any one or more of the 15
following: vehicle ownership or titling history; liens on 16
the vehicle; vehicle service, maintenance, or repair 17
history; vehicle condition; or vehicle accident or collision 18
history. This section shall not apply in the case of any 19
dealer having actual knowledge about a vehicle's accident, 20
salvage, or service history that is different from, or not 21
disclosed on, any third-party motor vehicle report. 22
303.440. The verification system established under 1
section 303.430 shall be installed and fully operational no 2
later than December 31, 2027, or as soon as technologically 3
possible following the development and maintenance of a 4
modernized, integrated system for the titling of vehicles, 5
issuance and renewal of vehicle registrations, issuance and 6
renewal of driver's licenses and identification cards, and 7
perfection and release of liens and encumbrances on 8
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vehicles, to be funded by the motor vehicle administration 9
technology fund [as created in section 301.558] under 10
section 301.1051, following an appropriate testing or pilot 11
period of not less than nine months. Until the successful 12
completion of the testing or pilot period in the judgment of 13
the director of the department of revenue, no enforcement 14
action shall be taken based on the system, including but not 15
limited to action taken under the program established under 16
section 303.425. 17
304.156. 1. Within five working days of receipt of 1
the crime inquiry and inspection report under section 2
304.155 or the abandoned property report under section 3
304.157, the director of revenue shall search the records of 4
the department of revenue, or initiate an inquiry with 5
another state, if the evidence presented indicated the 6
abandoned property was registered or titled in another 7
state, to determine the name and address of the owner and 8
lienholder, if any. After ascertaining the name and address 9
of the owner and lienholder, if any, the department shall, 10
within fifteen working days, notify the towing company. Any 11
towing company which comes into possession of abandoned 12
property pursuant to section 304.155 or 304.157 and who 13
claims a lien for recovering, towing or storing abandoned 14
property shall give notice to the title owner and to all 15
persons claiming a lien thereon, as disclosed by the records 16
of the department of revenue or of a corresponding agency in 17
any other state. The towing company shall notify the owner 18
and any lienholder within ten business days of the date of 19
mailing indicated on the notice sent by the department of 20
revenue, by certified mail, return receipt requested. The 21
notice shall contain the following: 22
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(1) The name, address and telephone number of the 23
storage facility; 24
(2) The date, reason and place from which the 25
abandoned property was removed; 26
(3) A statement that the amount of the accrued towing, 27
storage and administrative costs are the responsibility of 28
the owner, and that storage and/or administrative costs will 29
continue to accrue as a legal liability of the owner until 30
the abandoned property is redeemed; 31
(4) A statement that the storage firm claims a 32
possessory lien for all such charges; 33
(5) A statement that the owner or holder of a valid 34
security interest of record may retake possession of the 35
abandoned property at any time during business hours by 36
proving ownership or rights to a secured interest and paying 37
all towing and storage charges; 38
(6) A statement that, should the owner consider that 39
the towing or removal was improper or not legally justified, 40
the owner has a right to request a hearing as provided in 41
this section to contest the propriety of such towing or 42
removal; 43
(7) A statement that if the abandoned property remains 44
unclaimed for thirty days from the date of mailing the 45
notice, title to the abandoned property will be transferred 46
to the person or firm in possession of the abandoned 47
property free of all prior liens; and 48
(8) A statement that any charges in excess of the 49
value of the abandoned property at the time of such transfer 50
shall remain a liability of the owner. 51
2. A towing company may only assess reasonable storage 52
charges for abandoned property towed without the consent of 53
the owner. Reasonable storage charges shall not exceed the 54
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charges for vehicles which have been towed with the consent 55
of the owner on a negotiated basis. Storage charges may be 56
assessed only for the time in which the towing company 57
complies with the procedural requirements of sections 58
304.155 to 304.158. 59
3. In the event that the records of the department of 60
revenue fail to disclose the name of the owner or any 61
lienholder of record, the department shall notify the towing 62
company which shall attempt to locate documents or other 63
evidence of ownership on or within the abandoned property 64
itself. The towing company must certify that a physical 65
search of the abandoned property disclosed that no ownership 66
documents were found and a good faith effort has been made. 67
For purposes of this section, "good faith effort" means that 68
the following checks have been performed by the company to 69
establish the prior state of registration and title: 70
(1) Check of the abandoned property for any type of 71
license plates, license plate record, temporary permit, 72
inspection sticker, decal or other evidence which may 73
indicate a state of possible registration and title; 74
(2) Check the law enforcement report for a license 75
plate number or registration number if the abandoned 76
property was towed at the request of a law enforcement 77
agency; 78
(3) Check the tow ticket/report of the tow truck 79
operator to see if a license plate was on the abandoned 80
property at the beginning of the tow, if a private tow; and 81
(4) If there is no address of the owner on the impound 82
report, check the law enforcement report to see if an out-of- 83
state address is indicated on the driver license information. 84
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4. If no ownership information is discovered, the 85
director of revenue shall be notified in writing and title 86
obtained in accordance with subsection 7 of this section. 87
5. (1) The owner of the abandoned property removed 88
pursuant to the provisions of section 304.155 or 304.157 or 89
any person claiming a lien, other than the towing company, 90
within ten days after the receipt of notification from the 91
towing company pursuant to subsection 1 of this section may 92
file a petition in the associate circuit court in the county 93
where the abandoned property is stored to determine if the 94
abandoned property was wrongfully taken or withheld from the 95
owner. The petition shall name the towing company among the 96
defendants. The petition may also name the agency ordering 97
the tow or the owner, lessee or agent of the real property 98
from which the abandoned property was removed. The director 99
of revenue shall not be a party to such petition but a copy 100
of the petition shall be served on the director of revenue 101
who shall not issue title to such abandoned property 102
pursuant to this section until the petition is finally 103
decided. 104
(2) Upon filing of a petition in the associate circuit 105
court, the owner or lienholder may have the abandoned 106
property released upon posting with the court a cash or 107
surety bond or other adequate security equal to the amount 108
of the charges for towing and storage to ensure the payment 109
of such charges in the event he does not prevail. Upon the 110
posting of the bond and the payment of the applicable fees, 111
the court shall issue an order notifying the towing company 112
of the posting of the bond and directing the towing company 113
to release the abandoned property. At the time of such 114
release, after reasonable inspection, the owner or 115
lienholder shall give a receipt to the towing company 116
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reciting any claims for loss or damage to the abandoned 117
property or the contents thereof. 118
(3) Upon determining the respective rights of the 119
parties, the final order of the court shall provide for 120
immediate payment in full of recovery, towing, and storage 121
fees by the abandoned property owner or lienholder or the 122
owner, lessee, or agent thereof of the real property from 123
which the abandoned property was removed. 124
6. A towing and storage lien shall be enforced as 125
provided in subsection 7 of this section. 126
7. Thirty days after the notification form has been 127
mailed to the abandoned property owner and holder of a 128
security agreement and the property is unredeemed and no 129
satisfactory arrangement has been made with the lienholder 130
in possession for continued storage, and the owner or holder 131
of a security agreement has not requested a hearing as 132
provided in subsection 5 of this section, the lienholder in 133
possession may apply to the director of revenue for a 134
certificate. The application for title shall be accompanied 135
by: 136
(1) An affidavit from the lienholder in possession 137
that he has been in possession of the abandoned property for 138
at least thirty days and the owner of the abandoned property 139
or holder of a security agreement has not made arrangements 140
for payment of towing and storage charges; 141
(2) An affidavit that the lienholder in possession has 142
not been notified of any application for hearing as provided 143
in this section; 144
(3) A copy of the abandoned property report or crime 145
inquiry and inspection report; 146
(4) A copy of the thirty-day notice given by certified 147
mail to any owner and person holding a valid security 148
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interest and a copy of the certified mail receipt indicating 149
that the owner and lienholder of record was sent a notice as 150
required in this section; and 151
(5) A copy of the envelope or mailing container 152
showing the address and postal markings indicating that the 153
notice was "not forwardable" or "address unknown". 154
8. If notice to the owner and holder of a security 155
agreement has been returned marked "not forwardable" or 156
"addressee unknown", the lienholder in possession shall 157
comply with subsection 3 of this section. 158
9. Any municipality or county may adopt an ordinance 159
regulating the removal and sale of abandoned property 160
provided such ordinance is consistent with sections 304.155 161
to 304.158, and, for a home rule city with more than four 162
hundred thousand inhabitants and located in more than one 163
county, includes the following provisions: 164
(1) That the department of revenue records must be 165
searched to determine the registered owner or lienholder of 166
the abandoned property; 167
(2) That if a registered owner or lienholder is 168
disclosed in the records, that the owner and lienholder or 169
owner or lienholder are mailed a notice by the local 170
governmental agency, by U.S. mail, advising of the towing 171
and impoundment; 172
(3) That if the vehicle is older than six years and 173
more than fifty percent damaged by collision, fire, or 174
decay, and has a fair market value of less than two hundred 175
dollars as determined by using any nationally recognized 176
appraisal book or method, it must be held no less than ten 177
days after the notice is sent pursuant to this section 178
before being sold to a licensed salvage or scrap business; 179
provided however where a title is required under this 180
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chapter an affidavit from a certified appraiser attesting 181
that the value of the vehicle is less than two hundred 182
dollars; 183
(4) That all other vehicles must be held no less than 184
thirty days after the notice is sent pursuant to this 185
subsection before they may be sold. 186
10. Any municipality or county which has physical 187
possession of the abandoned property and which sells 188
abandoned property in accordance with a local ordinance may 189
transfer ownership by means of a bill of sale signed by the 190
municipal or county clerk or deputy and sealed with the 191
official municipal or county seal. Such bill of sale shall 192
contain the make and model of the abandoned property, the 193
complete abandoned property identification number and the 194
odometer reading of the abandoned property if available and 195
shall be lawful proof of ownership for any dealer registered 196
under the provisions of section 301.218, or section 197
[301.560] 301.1018, or for any other person. Any dealer or 198
other person purchasing such property from a municipality or 199
county shall apply within thirty days of purchase for a 200
certificate. Anyone convicted of a violation of this 201
section shall be guilty of an infraction. 202
11. Any persons who have towed abandoned property 203
prior to August 28, 1996, may, until January 1, 2000, apply 204
to the department of revenue for a certificate. The 205
application shall be accompanied by: 206
(1) A notarized affidavit explaining the circumstances 207
by which the abandoned property came into their possession, 208
including the name of the owner or possessor of real 209
property from which the abandoned property was removed; 210
(2) The date of the removal; 211
(3) The current location of the abandoned property; 212
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(4) An inspection of the abandoned property as 213
prescribed by the director; and 214
(5) A copy of the thirty-day notice given by certified 215
mail to any owner and person holding a valid security 216
interest of record and a copy of the certified mail receipt. 217
12. If the director is satisfied with the genuineness 218
of the application and supporting documents submitted 219
pursuant to this section, the director shall issue one of 220
the following: 221
(1) An original certificate of title if the vehicle 222
owner has obtained a vehicle examination certificate as 223
provided in section 301.190 which indicates that the vehicle 224
was not previously in a salvaged condition or rebuilt; 225
(2) An original certificate of title designated as 226
prior salvage if the vehicle examination certificate as 227
provided in section 301.190 indicates the vehicle was 228
previously in a salvage condition or rebuilt; 229
(3) A salvage certificate of title designated with the 230
words "salvage/abandoned property" or junking certificate 231
based on the condition of the abandoned property as stated 232
in the abandoned property report or crime inquiry and 233
inspection report; 234
(4) [Notwithstanding the provisions of section 301.573 235
to the contrary,] If satisfied with the genuineness of the 236
application and supporting documents, the director shall 237
issue an original title to abandoned property previously 238
issued a salvage title as provided in this section, if the 239
vehicle examination certificate as provided in section 240
301.190 does not indicate the abandoned property was 241
previously in a salvage condition or rebuilt. 242
13. If abandoned property is insured and the insurer 243
of property regards the property as a total loss and the 244
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insurer satisfies a claim by the owner for the property, 245
then the insurer or lienholder shall claim and remove the 246
property from the storage facility or make arrangements to 247
transfer the title, and such transfer of title subject to 248
agreement shall be in complete satisfaction of all claims 249
for towing and storage, to the towing company or storage 250
facility. The owner of the abandoned vehicle, lienholder or 251
insurer, to the extent the vehicle owner's insurance policy 252
covers towing and storage charges, shall pay reasonable fees 253
assessed by the towing company and storage facility. The 254
property shall be claimed and removed or title transferred 255
to the towing company or storage facility within thirty days 256
of the date that the insurer paid a claim for the total loss 257
of the property or is notified as to the location of the 258
abandoned property, whichever is the later event. Upon 259
request, the insurer of the property shall supply the towing 260
company and storage facility with the name, address and 261
phone number of the insurance company and of the insured and 262
with a statement regarding which party is responsible for 263
the payment of towing and storage charges under the 264
insurance policy. 265
306.015. 1. The owner of a vessel kept within this 1
state shall cause it to be registered in the office of the 2
director of revenue who shall issue a certificate of title 3
for the same. 4
2. The owner of any vessel acquired or brought into 5
the state shall file his application for title within sixty 6
days after it is acquired or brought into this state. The 7
director of revenue may grant extensions of time for titling 8
to any person in deserving cases. 9
3. The fee for the certificate of title shall be seven 10
dollars fifty cents and shall be paid to the director of 11
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revenue at the time of making application. If application 12
for certificate of title is not made within sixty days after 13
the vessel is acquired or brought into the state, a 14
delinquency penalty fee of ten dollars for each thirty days 15
of delinquency, not to exceed a total of thirty dollars, 16
shall be imposed. If the director of revenue learns that 17
any person has failed to make application for certificate of 18
title within sixty days after acquiring or bringing into the 19
state a vessel or has sold a vessel without obtaining a 20
certificate of title, he shall cancel the registration of 21
all motorboats, vessels, and watercraft registered in the 22
name of the person, either as sole owner or as co-owner, and 23
shall notify the person that the cancellation will remain in 24
force until the person pays the delinquency penalty fee 25
provided in this section together with all fees, charges, 26
and payments which he should have paid in connection with 27
the certificate of title of the vessel. 28
4. In the event of a sale or transfer of ownership of 29
a vessel or outboard motor for which a certificate of 30
ownership or manufacturer's statement of origin has been 31
issued, the holder of such certificate shall endorse on the 32
same an assignment thereof, with warranty of title in form 33
printed thereon, and prescribed by the director of revenue, 34
with a statement of all liens or encumbrances on such vessel 35
or outboard motor, and deliver the same to the buyer at the 36
time of delivery to the buyer of such vessel or outboard 37
motor; provided that, when the transfer of a vessel or 38
outboard motor occurs within a corporation which holds a 39
license to operate as a motor vehicle or boat dealer under 40
sections [301.550 to 301.573] 301.1000 to 301.1063 and this 41
section, the provisions of subdivision (3) of subsection 7 42
of section 144.070 shall not apply. 43
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385.200. As used in sections 385.200 to 385.220, the 1
following terms mean: 2
(1) "Administrator", the person other than a provider 3
who is responsible for the administration of the service 4
contracts or the service contracts plan or for any filings 5
required by sections 385.200 to 385.220; 6
(2) "Business entity", any partnership, corporation, 7
incorporated or unincorporated association, limited 8
liability company, limited liability partnership, joint 9
stock company, reciprocal, syndicate, or any similar entity; 10
(3) "Consumer", a natural person who buys other than 11
for purposes of resale any tangible personal property that 12
is distributed in commerce and that is normally used for 13
personal, family, or household purposes and not for business 14
or research purposes; 15
(4) "Dealers", any motor vehicle dealer or boat dealer 16
licensed or required to be licensed under the provisions of 17
sections [301.550 to 301.573] 301.1000 to 301.1063; 18
(5) "Director", the director of the department of 19
commerce and insurance; 20
(6) "Maintenance agreement", a contract of limited 21
duration that provides for scheduled maintenance only; 22
(7) "Manufacturer", any of the following: 23
(a) A person who manufactures or produces the property 24
and sells the property under the person's own name or label; 25
(b) A subsidiary or affiliate of the person who 26
manufacturers or produces the property; 27
(c) A person who owns one hundred percent of the 28
entity that manufactures or produces the property; 29
(d) A person that does not manufacture or produce the 30
property, but the property is sold under its trade name 31
label; 32
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(e) A person who manufactures or produces the property 33
and the property is sold under the trade name or label of 34
another person; 35
(f) A person who does not manufacture or produce the 36
property but, under a written contract, licenses the use of 37
its trade name or label to another person who sells the 38
property under the licensor's trade name or label; 39
(8) "Mechanical breakdown insurance", a policy, 40
contract, or agreement issued by an authorized insurer who 41
provides for the repair, replacement, or maintenance of a 42
motor vehicle or indemnification for repair, replacement, or 43
service, for the operational or structural failure of a 44
motor vehicle due to a defect in materials or workmanship or 45
to normal wear and tear; 46
(9) "Motor vehicle extended service contract" or 47
"service contract", a contract or agreement for a separately 48
stated consideration and for a specific duration to perform 49
the repair, replacement, or maintenance of a motor vehicle 50
or indemnification for repair, replacement, or maintenance, 51
for the operational or structural failure due to a defect in 52
materials, workmanship, or normal wear and tear, with or 53
without additional provision for incidental payment of 54
indemnity under limited circumstances, including but not 55
limited to towing, rental, and emergency road service. The 56
term shall also include a contract or agreement for a 57
separately stated consideration and for a specific duration 58
that provides for any of the following: 59
(a) The repair or replacement of tires or wheels on a 60
motor vehicle damaged as a result of coming into contact 61
with road hazards; 62
(b) The removal of dents, dings, or creases on a motor 63
vehicle that can be repaired using the process of paintless 64
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dent removal without affecting the existing paint finish and 65
without replacing vehicle body panels, sanding, bonding, or 66
painting; 67
(c) The repair of chips or cracks in, or the 68
replacement of, motor vehicle windshields as a result of 69
damage caused by road hazards; 70
(d) The replacement of a motor vehicle key or key fob 71
in the event that the key or key fob becomes inoperable or 72
is lost or stolen; and 73
(e) If not inconsistent with other provisions of this 74
section or section 385.206, 385.300, or 385.306, any other 75
services approved by the director. 76
The term shall not include mechanical breakdown insurance or 77
maintenance agreements; 78
(10) "Nonoriginal manufacturer's parts", replacement 79
parts not made for or by the original manufacturer of the 80
property, commonly referred to as after-market parts; 81
(11) "Person", an individual, partnership, 82
corporation, incorporated or unincorporated association, 83
joint stock company, reciprocal, syndicate, or any similar 84
entity or combination of entities acting in concert; 85
(12) "Premium", the consideration paid to an insurer 86
for a reimbursement insurance policy; 87
(13) "Producer", any business entity or individual 88
person selling, offering, negotiating, or soliciting a motor 89
vehicle extended service contract and required to be 90
licensed as a producer under subsection 1 of section 385.206; 91
(14) "Provider", a person who is contractually 92
obligated to the service contract holder under the terms of 93
a motor vehicle extended service contract; 94
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(15) "Provider fee", the consideration paid for a 95
motor vehicle extended service contract by a service 96
contract holder; 97
(16) "Reimbursement insurance policy", a policy of 98
insurance issued to a provider and under which the insurer 99
agrees, for the benefit of the motor vehicle extended 100
service contract holders, to discharge all of the 101
obligations and liabilities of the provider under the terms 102
of the motor vehicle extended service contracts in the event 103
of nonperformance by the provider. All obligations and 104
liabilities include, but are not limited to, failure of the 105
provider to perform under the motor vehicle extended service 106
contract and the return of the unearned provider fee in the 107
event of the provider's unwillingness or inability to 108
reimburse the unearned provider fee in the event of 109
termination of a motor vehicle extended service contract; 110
(17) "Road hazard", a hazard encountered while driving 111
a motor vehicle that includes, but is not limited to, 112
potholes, rocks, wood debris, metal parts, glass, plastic, 113
curbs, or composite scraps; 114
(18) "Service contract holder" or "contract holder", a 115
person who is the purchaser or holder of a motor vehicle 116
extended service contract; 117
(19) "Warranty", a warranty made solely by the 118
manufacturer, importer, or seller of property or services 119
without charge, that is not negotiated or separated from the 120
sale of the product and is incidental to the sale of the 121
product, that guarantees indemnity for defective parts, 122
mechanical or electrical breakdown, labor, or other remedial 123
measures, such as repair or replacement of the property or 124
repetition of services. 125
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385.206. 1. It is unlawful for any person in or from 1
this state to sell, offer, negotiate, or solicit a motor 2
vehicle extended service contract with a consumer, other 3
than the following: 4
(1) A motor vehicle dealer licensed under sections 5
[301.550 to 301.573] 301.1000 to 301.1063, along with its 6
authorized employees offering the service contract in 7
connection with the sale of either a motor vehicle or 8
vehicle maintenance or repair services; 9
(2) A manufacturer of motor vehicles, as defined in 10
section 301.010, along with its authorized employees; 11
(3) A federally insured depository institution, along 12
with its authorized employees; 13
(4) A lender licensed and defined under sections 14
367.100 to 367.215, along with its authorized employees; 15
(5) A provider registered with the director and having 16
demonstrated financial responsibility as required in section 17
385.202, along with its subsidiaries and affiliated 18
entities, and authorized employees of the provider, 19
subsidiary, or affiliated entity; 20
(6) A business entity producer or individual producer 21
licensed under section 385.207; 22
(7) Authorized employees of an administrator under 23
contract to effect coverage, collect provider fees, and 24
settle claims on behalf of a registered provider, if the 25
administrator is licensed as a business entity producer 26
under section 385.207; or 27
(8) A vehicle owner transferring an existing motor 28
vehicle extended service contract to a subsequent owner of 29
the same vehicle. 30
2. No administrator or provider shall use a dealer as 31
a fronting company, and no dealer shall act as a fronting 32
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company. For purposes of this subsection, "fronting 33
company" means a dealer that authorizes a third-party 34
administrator or provider to use its name or business to 35
evade or circumvent the provisions of subsection 1 of this 36
section. 37
3. Motor vehicle extended service contracts issued, 38
sold, or offered in this state shall be written in clear, 39
understandable language, and the entire contract shall be 40
printed or typed in easy-to-read type and conspicuously 41
disclose the requirements in this section, as applicable. 42
4. Motor vehicle extended service contracts insured 43
under a reimbursement insurance policy under subsection 3 of 44
section 385.202 shall contain a statement in substantially 45
the following form: "Obligations of the provider under this 46
service contract are guaranteed under a service contract 47
reimbursement insurance policy. If the provider fails to 48
pay or provide service on a claim within sixty days after 49
proof of loss has been filed, the contract holder is 50
entitled to make a claim directly against the insurance 51
company." A claim against the provider also shall include a 52
claim for return of the unearned provider fee. The motor 53
vehicle extended service contract also shall state 54
conspicuously the name and address of the insurer. 55
5. Motor vehicle extended service contracts not 56
insured under a reimbursement insurance policy pursuant to 57
subsection 3 of section 385.202 shall contain a statement in 58
substantially the following form: "Obligations of the 59
provider under this service contract are backed only by the 60
full faith and credit of the provider (issuer) and are not 61
guaranteed under a service contract reimbursement insurance 62
policy." A claim against the provider also shall include a 63
claim for return of the unearned provider fee. The motor 64
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vehicle extended service contract also shall state 65
conspicuously the name and address of the provider. 66
6. Motor vehicle extended service contracts shall 67
identify any administrator, the provider obligated to 68
perform the service under the contract, the motor vehicle 69
extended service contract seller, and the service contract 70
holder to the extent that the name and address of the 71
service contract holder has been furnished by the service 72
contract holder. 73
7. Motor vehicle extended service contracts shall 74
state conspicuously the total purchase price and the terms 75
under which the motor vehicle extended service contract is 76
sold. The purchase price is not required to be preprinted 77
on the motor vehicle extended service contract and may be 78
negotiated at the time of sale with the service contract 79
holder. 80
8. If prior approval of repair work is required, the 81
motor vehicle extended service contracts shall state 82
conspicuously the procedure for obtaining prior approval and 83
for making a claim, including a toll-free telephone number 84
for claim service and a procedure for obtaining emergency 85
repairs performed outside of normal business hours. 86
9. Motor vehicle extended service contracts shall 87
state conspicuously the existence of any deductible amount. 88
10. Motor vehicle extended service contracts shall 89
specify the merchandise and services to be provided and any 90
limitations, exceptions, and exclusions. 91
11. Motor vehicle extended service contracts shall 92
state the conditions upon which the use of nonoriginal 93
manufacturer's parts or parts of a like kind and quality or 94
substitute service may be allowed. Conditions stated shall 95
comply with applicable state and federal laws. 96
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12. Motor vehicle extended service contracts shall 97
state any terms, restrictions, or conditions governing the 98
transferability of the motor vehicle extended service 99
contract. 100
13. Motor vehicle extended service contracts shall 101
state that subsequent to the required free look period 102
specified in subsection 14 of this section, a service 103
contract holder may cancel the contract at any time and the 104
provider shall refund to, or credit to the account of, the 105
contract holder one hundred percent of the unearned pro rata 106
provider fee, less any claims paid. A reasonable 107
administrative fee may be surcharged by the provider in an 108
amount not to exceed fifty dollars. All terms, 109
restrictions, or conditions governing termination of the 110
service contract by the service contract holder shall be 111
stated. The provider of the motor vehicle extended service 112
contract shall mail a written notice to the contract holder 113
within forty-five days of the date of termination. The 114
written notice required by this subsection may be included 115
with any other correspondence required by this section. 116
Refunds may be effectuated through a provider or a person 117
that is permitted to sell motor vehicle extended service 118
contracts under subsection 1 of this section. 119
14. Motor vehicle extended service contracts shall 120
contain a free look period that requires every provider to 121
permit the service contract holder to return the contract to 122
the provider within at least twenty business days of the 123
mailing date of the motor vehicle extended service contract 124
or the contract date if the service contract is executed and 125
delivered at the time of sale or within a longer time period 126
permitted under the contract. If no claim has been made 127
under the contract and the contract is returned, the 128
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contract is void and the provider shall refund to, or credit 129
to the account of, the contract holder the full purchase 130
price of the contract. A ten percent penalty of the amount 131
outstanding per month shall be added to a refund that is not 132
paid within forty-five days of return of the contract to the 133
provider. If a claim has been made under the contract 134
during the free look period and the contract is returned, 135
the provider shall refund to, or credit to the account of, 136
the contract holder the full purchase price less any claims 137
that have been paid. The applicable free-look time periods 138
on service contracts shall apply only to the original 139
service contract purchaser. Refunds may be effectuated 140
through a provider or a person that is permitted to sell 141
motor vehicle extended service contracts under subsection 1 142
of this section. 143
15. Motor vehicle extended service contracts shall set 144
forth all of the obligations and duties of the service 145
contract holder, such as the duty to protect against any 146
further damage and the requirement for certain service and 147
maintenance. 148
16. Motor vehicle extended service contracts shall 149
state clearly whether or not the service contract provides 150
for or excludes consequential damages or preexisting 151
conditions. 152
17. The contract requirements of subsections 3 to 16 153
of this section shall apply to motor vehicle extended 154
service contracts made with consumers in this state. A 155
violation of subsections 3 to 16 of this section is a level 156
two violation under section 374.049. 157
18. A violation of subsection 1 or 2 of this section 158
is a level three violation under section 374.049. 159
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407.812. 1. Any franchisor obtaining or renewing its 1
license after August 28, 2010, shall be bound by the 2
provisions of the MVFP act and shall comply with it, and no 3
franchise agreement made, entered, modified, or renewed 4
after August 28, 2010, shall avoid the requirements of the 5
MVFP act, or violate its provisions, and no franchise 6
agreement shall be performed after the date the franchisor's 7
license is issued or renewed in such a manner that the 8
franchisor avoids or otherwise does not conform or comply 9
with the requirements of the MVFP act. Notwithstanding the 10
effective date of any franchise agreement, all franchisor 11
licenses and renewals thereof are issued subject to all 12
provisions of the MVFP act and chapter 301 and any 13
regulations in effect upon the date of issuance, as well as 14
all future provisions of the MVFP act and chapter 301 and 15
any regulations which may become effective during the term 16
of the license. 17
2. The provisions of the MVFP act shall apply to each 18
franchise that a franchisor, manufacturer, importer, or 19
distributor has with a franchisee and all agreements between 20
a franchisee and a common entity or any person that is 21
controlled by a franchisor. 22
3. No dealer or manufacturer licensed in this state 23
under sections [301.550 to 301.573] 301.1000 to 301.1063 24
shall allow any subsidiary or related entity to engage in 25
the business of selling motor vehicles, as defined in 26
section 301.010, to retail consumers in this state, except 27
as otherwise permitted by law. Any dealer or manufacturer 28
licensed in this state shall have standing to enforce the 29
provisions of this subsection provided that a franchise 30
relationship exists between the parties. 31
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4. No entity controlling, controlled by, or sharing a 32
common parent entity or sibling entity with a licensed 33
dealer or manufacturer shall engage in the business of 34
selling motor vehicles to retail consumers in this state, 35
except as permitted by sections [301.550 to 301.575] 36
301.1000 to 301.1063 and the MVFP act. Any dealer or 37
manufacturer licensed in this state shall have standing to 38
enforce the provisions of this subsection. 39
5. No dealer or manufacturer not licensed in this 40
state under sections [301.550 to 301.575] 301.1000 to 41
301.1063 shall engage in the business of selling motor 42
vehicles to retail consumers in this state, except as 43
permitted by sections [301.550 to 301.575] 301.1000 to 44
301.1063 and the MVFP act. Any dealer or manufacturer in 45
this state shall have standing to enforce the provisions of 46
this subsection, provided that a franchise relationship 47
exists between the parties. 48
6. Notwithstanding any provision of sections [301.550 49
to 301.575] 301.1000 to 301.1063 to the contrary, a 50
manufacturer, importer, or distributor may engage in the 51
business of selling motor vehicles to retail consumers in 52
this state from a dealership if the manufacturer, importer, 53
or distributor owned the dealership and initially submitted 54
a dealer license application to the Missouri department of 55
revenue on or before August 28, 2023, provided that the 56
license is subsequently granted, and the ownership or 57
controlling interest of such dealership is not transferred, 58
sold, or conveyed to another person or entity required to be 59
licensed under this chapter. 60
407.818. No franchisor shall engage in business in 1
this state without a license therefor as provided in 2
sections [301.550 to 301.573] 301.1000 to 301.1063. No 3
SB 1056 129
motor vehicle, foreign or domestic, may be sold, leased, or 4
offered for sale or lease in this state unless the 5
franchisor, which issues a franchise to a franchisee in this 6
state, is licensed under sections [301.550 to 301.573] 7
301.1000 to 301.1063. No franchisor shall modify the area 8
of responsibility to avoid the requirements of section 9
407.817 or 407.833, or any other section of the MVFP act. 10
Each franchisor shall renew its license annually by the date 11
specified by the department of revenue. 12
414.255. 1. This section shall be known and may be 1
cited as the "Missouri Renewable Fuel Standard Act". 2
2. For purposes of this section, the following terms 3
shall mean: 4
(1) "Aviation fuel", any motor fuel specifically 5
compounded for use in reciprocating aircraft engines; 6
(2) "Distributor", a person who either produces, 7
refines, blends, compounds or manufactures motor fuel, 8
imports motor fuel into a state or exports motor fuel out of 9
a state, or who is engaged in distribution of motor fuel; 10
(3) "Fuel ethanol-blended gasoline", a mixture of 11
ninety percent gasoline and ten percent fuel ethanol in 12
which the fuel ethanol meets ASTM International 13
Specification D4806, as amended. The ten percent fuel 14
ethanol portion may be derived from any agricultural source; 15
(4) "Position holder", the person who holds the 16
inventory position in motor fuel in a terminal, as reflected 17
on the records of the terminal operator. A person holds the 18
inventory position in motor fuel when that person has a 19
contract with the terminal operator for the use of storage 20
facilities and terminating services for motor fuel at the 21
terminal. The term includes a terminal operator who owns 22
motor fuel in the terminal; 23
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(5) "Premium gasoline", gasoline with an antiknock 24
index number of ninety-one or greater; 25
(6) "Price", the cost of the fuel ethanol plus fuel 26
taxes and transportation expenses less tax credits, if any; 27
or the cost of the fuel ethanol-blended gasoline plus fuel 28
taxes and transportation expenses less tax credits, if any; 29
or the cost of the unblended gasoline plus fuel taxes and 30
transportation expenses less tax credits, if any; 31
(7) "Qualified terminal", a terminal that has been 32
assigned a terminal control number (tcn) by the Internal 33
Revenue Service; 34
(8) "Supplier", a person that is: 35
(a) Registered or required to be registered pursuant 36
to 26 U.S.C. Section 4101, for transactions in motor fuels 37
in the bulk transfer/terminal distribution system; and 38
(b) One or more of the following: 39
a. The position holder in a terminal or refinery in 40
this state; 41
b. Imports motor fuel into this state from a foreign 42
country; 43
c. Acquires motor fuel from a terminal or refinery in 44
this state from a position holder pursuant to either a two- 45
party exchange or a qualified buy-sell arrangement which is 46
treated as an exchange and appears on the records of the 47
terminal operator; or 48
d. The position holder in a terminal or refinery 49
outside this state with respect to motor fuel which that 50
person imports into this state. A terminal operator shall 51
not be considered a supplier based solely on the fact that 52
the terminal operator handles motor fuel consigned to it 53
within a terminal. 54
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"Supplier" also means a person that produces fuel grade 55
alcohol or alcohol-derivative substances in this state, 56
produces fuel grade alcohol or alcohol-derivative substances 57
for import to this state into a terminal, or acquires upon 58
import by truck, rail car or barge into a terminal, fuel 59
grade alcohol or alcohol-derivative substances. "Supplier" 60
includes a permissive supplier unless specifically provided 61
otherwise; 62
(9) "Terminal", a bulk storage and distribution 63
facility which includes: 64
(a) For the purposes of motor fuel, is a qualified 65
terminal; 66
(b) For the purposes of fuel grade alcohol, is 67
supplied by truck, rail car, boat, barge or pipeline and the 68
products are removed at a rack; and 69
(10) "Unblended gasoline", gasoline that has not been 70
blended with fuel ethanol. 71
3. Except as otherwise provided under subsections 4 72
and 5 of this section, on and after January 1, 2008, all 73
gasoline sold or offered for sale in Missouri at retail 74
shall be fuel ethanol-blended gasoline. 75
4. If a distributor is unable to obtain fuel ethanol 76
or fuel ethanol-blended gasoline from a position holder or 77
supplier at the terminal at the same or lower price as 78
unblended gasoline, then the purchase of unblended gasoline 79
by the distributor and the sale of the unblended gasoline at 80
retail shall not be deemed a violation of this section. The 81
position holder, supplier, distributor, and ultimate vendor 82
shall, upon request, provide the required documentation 83
regarding the sales transaction and price of fuel ethanol, 84
fuel ethanol-blended gasoline, and unblended gasoline to the 85
department of agriculture and the department of revenue. 86
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All information obtained by the departments from such 87
sources shall be confidential and not disclosed except by 88
court order or as otherwise provided by law. 89
5. The following shall be exempt from the provisions 90
of this section: 91
(1) Aviation fuel and automotive gasoline used in 92
aircraft; 93
(2) Premium gasoline; 94
(3) E75-E85 fuel ethanol; 95
(4) Any specific exemptions declared by the United 96
States Environmental Protection Agency; and 97
(5) Bulk transfers between terminals. 98
The director of the department of agriculture may by rule 99
exempt or rescind additional gasoline uses from the 100
requirements of this section. The governor may by executive 101
order waive the requirements of this section or any part 102
thereof in part or in whole for all or any portion of this 103
state for reasons related to air quality. Any regional 104
waiver shall be issued and implemented in such a way as to 105
minimize putting any region of the state at a competitive 106
advantage or disadvantage with any other region of the state. 107
6. The provisions of section 414.152 shall apply for 108
purposes of enforcement of this section. 109
7. The department of agriculture is hereby authorized 110
to promulgate rules to ensure implementation of, and 111
compliance and consistency with, this section. Any rule or 112
portion of a rule, as that term is defined in section 113
536.010, that is created under the authority delegated in 114
this section shall become effective only if it complies with 115
and is subject to all of the provisions of chapter 536 and, 116
if applicable, section 536.028. This section and chapter 117
SB 1056 133
536 are nonseverable and if any of the powers vested with 118
the general assembly pursuant to chapter 536 to review, to 119
delay the effective date, or to disapprove and annul a rule 120
are subsequently held unconstitutional, then the grant of 121
rulemaking authority and any rule proposed or adopted after 122
August 28, 2006, shall be invalid and void. 123
8. All terminals in Missouri that sell gasoline shall 124
offer for sale, in cooperation with position holders and 125
suppliers, fuel ethanol-blended gasoline, fuel ethanol, and 126
unblended gasoline. Terminals that only offer for sale 127
federal reformulated gasolines, in cooperation with position 128
holders and suppliers, shall not be required to offer for 129
sale unblended gasoline. 130
9. Notwithstanding any other law to the contrary, all 131
fuel retailers, wholesalers, distributors, and marketers 132
shall be allowed to purchase fuel ethanol from any terminal, 133
position holder, fuel ethanol producer, fuel ethanol 134
wholesaler, or supplier. In the event a court of competent 135
jurisdiction finds that this subsection does not apply to or 136
improperly impairs existing contractual relationships, then 137
this subsection shall only apply to and impact future 138
contractual relationships. 139
10. No refiner, supplier, terminal, wholesaler, 140
distributor, retailer, or other vendor of motor fuel that 141
contains or is blended with any amount of ethanol, 142
biodiesel, or other renewable fuel or biofuel and that 143
complies with labeling and motor fuel quality laws shall be 144
liable for any property damages related to a customer's 145
purchase of such motor fuel from the vendor so long as the 146
selection of the motor fuel was made by the customer and not 147
the vendor. No motor fuel that contains or is blended with 148
any amount of ethanol, biodiesel, or other renewable fuel or 149
SB 1056 134
biofuel shall be considered a defective product for the 150
purposes of a claim for property damage if such motor fuel 151
complies with motor fuel quality laws. 152
11. No motor vehicle manufacturer or motor vehicle 153
dealer, including all dealers required to be licensed under 154
sections [301.550 to 301.580] 301.1000 to 301.1063, and no 155
manufacturer or dealer of internal combustion engines or a 156
product powered by an internal combustion engine except in 157
cases of fraud or misrepresentation, shall be liable for any 158
property damages related to a customer's purchase of a motor 159
fuel containing or blended with any amount of ethanol, 160
biodiesel, or other renewable fuel or biofuel from the fuel 161
refiner, supplier, terminal, wholesaler, distributor, 162
retailer, or other vendor of motor fuel if the selection and 163
purchase of the motor fuel was made by the customer and does 164
not comply with specific fuel recommendations found in the 165
vehicle or products owner manual. 166
578.120. 1. Notwithstanding any provision in this 1
chapter to the contrary, no dealer, distributor or 2
manufacturer licensed under section [301.559] 301.1015 may 3
keep open, operate, or assist in keeping open or operating 4
any established place of business for the purpose of buying, 5
selling, bartering or exchanging, or offering for sale, 6
barter or exchange, any motor vehicle, whether new or used, 7
on Sunday. However, this section does not apply to the sale 8
of manufactured housing; the sale of recreational motor 9
vehicles; the sale of motorcycles as that term is defined in 10
section 301.010; the sale of motortricycles, motorized 11
bicycles, electric bicycles as defined in section 300.010, 12
all-terrain vehicles, recreational off-highway vehicles, 13
utility vehicles, personal watercraft, or other motorized 14
vehicles customarily sold by powersports dealers licensed 15
SB 1056 135
pursuant to sections [301.550 to 301.560] 301.1000 to 16
301.1063; washing, towing, wrecking or repairing operations; 17
the sale of petroleum products, tires, and repair parts and 18
accessories; or new vehicle shows or displays participated 19
in by five or more franchised dealers or in towns or cities 20
with five or fewer dealers, a majority. 21
2. No association consisting of motor vehicle dealers, 22
distributors or manufacturers licensed under section 23
[301.559] 301.1015 shall be in violation of antitrust or 24
restraint of trade statutes under chapter 416 or regulation 25
promulgated thereunder solely because it encourages its 26
members not to open or operate on Sunday a place of business 27
for the purpose of buying, selling, bartering or exchanging 28
any motor vehicle. 29
3. Any person who violates the provisions of this 30
section shall be guilty of a class C misdemeanor. 31
643.315. 1. Except as provided in sections 643.300 to 1
643.355, all motor vehicles which are domiciled, registered 2
or primarily operated in an area for which the commission 3
has established a motor vehicle emissions inspection program 4
pursuant to sections 643.300 to 643.355 shall be inspected 5
and approved prior to sale or transfer; provided that, if 6
such vehicle is inspected and approved prior to sale or 7
transfer, such vehicle shall not be subject to another 8
emissions inspection for ninety days after the date of sale 9
or transfer of such vehicle. In addition, any such vehicle 10
manufactured as an even-numbered model year vehicle shall be 11
inspected and approved under the emissions inspection 12
program established pursuant to sections 643.300 to 643.355 13
in each even-numbered calendar year and any such vehicle 14
manufactured as an odd-numbered model year vehicle shall be 15
inspected and approved under the emissions inspection 16
SB 1056 136
program established pursuant to sections 643.300 to 643.355 17
in each odd-numbered calendar year. All motor vehicles 18
subject to the inspection requirements of sections 643.300 19
to 643.355 shall display a valid emissions inspection 20
sticker, and when applicable, a valid emissions inspection 21
certificate shall be presented at the time of registration 22
or registration renewal of such motor vehicle. The 23
department of revenue shall require evidence of the safety 24
and emission inspection and approval required by this 25
section in issuing the motor vehicle annual registration in 26
conformity with the procedure required by sections 307.350 27
to 307.390 and sections 643.300 to 643.355. The director of 28
revenue may verify that a successful safety and emissions 29
inspection was completed via electronic means. 30
2. The inspection requirement of subsection 1 of this 31
section shall apply to all motor vehicles except: 32
(1) Motor vehicles with a manufacturer's gross vehicle 33
weight rating in excess of eight thousand five hundred 34
pounds; 35
(2) Motorcycles and motortricycles if such vehicles 36
are exempted from the motor vehicle emissions inspection 37
under federal regulation and approved by the commission by 38
rule; 39
(3) Model year vehicles manufactured prior to 1996; 40
(4) Vehicles which are powered exclusively by electric 41
or hydrogen power or by fuels other than gasoline which are 42
exempted from the motor vehicle emissions inspection under 43
federal regulation and approved by the commission by rule; 44
(5) Motor vehicles registered in an area subject to 45
the inspection requirements of sections 643.300 to 643.355 46
which are domiciled and operated exclusively in an area of 47
the state not subject to the inspection requirements of 48
SB 1056 137
sections 643.300 to 643.355, but only if the owner of such 49
vehicle presents to the department an affidavit that the 50
vehicle will be operated exclusively in an area of the state 51
not subject to the inspection requirements of sections 52
643.300 to 643.355 for the next twenty-four months, and the 53
owner applies for and receives a waiver which shall be 54
presented at the time of registration or registration 55
renewal; 56
(6) New and unused motor vehicles, of model years of 57
the current calendar year and of any calendar year within 58
two years of such calendar year, which have an odometer 59
reading of less than six thousand miles at the time of 60
original sale by a motor vehicle manufacturer or licensed 61
motor vehicle dealer to the first user; 62
(7) Historic motor vehicles registered pursuant to 63
section 301.131; 64
(8) School buses; 65
(9) Heavy-duty diesel-powered vehicles with a gross 66
vehicle weight rating in excess of eight thousand five 67
hundred pounds; 68
(10) New motor vehicles that have not been previously 69
titled and registered, for the four-year period following 70
their model year of manufacture, provided the odometer 71
reading for such motor vehicles are under forty thousand 72
miles at their first required biennial safety inspection 73
conducted under sections 307.350 to 307.390; otherwise such 74
motor vehicles shall be subject to the emissions inspection 75
requirements of subsection 1 of this section during the same 76
period that the biennial safety inspection is conducted; 77
(11) Motor vehicles that are driven fewer than twelve 78
thousand miles between biennial safety inspections; and 79
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(12) Qualified plug-in electric drive vehicles. For 80
the purposes of this section, "qualified plug-in electric 81
drive vehicle" shall mean a plug-in electric drive vehicle 82
that is made by a manufacturer, has not been modified from 83
original manufacturer specifications, and can operate solely 84
on electric power and is capable of recharging its battery 85
from an on-board generation source and an off-board 86
electricity source. 87
3. The commission may, by rule, allow inspection 88
reciprocity with other states having equivalent or more 89
stringent testing and waiver requirements than those 90
established pursuant to sections 643.300 to 643.355. 91
4. (1) At the time of sale, a licensed motor vehicle 92
dealer, as defined in section [301.550] 301.1000, may choose 93
to sell a motor vehicle subject to the inspection 94
requirements of sections 643.300 to 643.355 either: 95
(a) With prior inspection and approval as provided in 96
subdivision (2) of this subsection; or 97
(b) Without prior inspection and approval as provided 98
in subdivision (3) of this subsection. 99
(2) If the dealer chooses to sell the vehicle with 100
prior inspection and approval, the dealer shall disclose, in 101
writing, prior to sale, whether the vehicle obtained 102
approval by meeting the emissions standards established 103
pursuant to sections 643.300 to 643.355 or by obtaining a 104
waiver pursuant to section 643.335. A vehicle sold pursuant 105
to this subdivision by a licensed motor vehicle dealer shall 106
be inspected and approved within the one hundred twenty days 107
immediately preceding the date of sale, and, for the purpose 108
of registration of such vehicle, such inspection shall be 109
considered timely. 110
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(3) If the dealer chooses to sell the vehicle without 111
prior inspection and approval, the purchaser may return the 112
vehicle within ten days of the date of purchase, provided 113
that the vehicle has no more than one thousand additional 114
miles since the time of sale, if the vehicle fails, upon 115
inspection, to meet the emissions standards specified by the 116
commission and the dealer shall have the vehicle inspected 117
and approved without the option for a waiver of the 118
emissions standard and return the vehicle to the purchaser 119
with a valid emissions certificate and sticker within five 120
working days or the purchaser and dealer may enter into any 121
other mutually acceptable agreement. If the dealer chooses 122
to sell the vehicle without prior inspection and approval, 123
the dealer shall disclose conspicuously on the sales 124
contract and bill of sale that the purchaser has the option 125
to return the vehicle within ten days, provided that the 126
vehicle has no more than one thousand additional miles since 127
the time of sale, to have the dealer repair the vehicle and 128
provide an emissions certificate and sticker within five 129
working days if the vehicle fails, upon inspection, to meet 130
the emissions standards established by the commission, or 131
enter into any mutually acceptable agreement with the 132
dealer. A violation of this subdivision shall be an 133
unlawful practice as defined in section 407.020. No 134
emissions inspection shall be required pursuant to sections 135
643.300 to 643.360 for the sale of any motor vehicle which 136
may be sold without a certificate of inspection and 137
approval, as provided pursuant to subsection 2 of section 138
307.380. 139
[301.550. 1. The definitions contained in 1
section 301.010 shall apply to sections 301.550 2
SB 1056 140
to 301.580, and in addition as used in sections 3
301.550 to 301.580, the following terms mean: 4
(1) "Boat dealer", any natural person, 5
partnership, or corporation who, for a 6
commission or with an intent to make a profit or 7
gain of money or other thing of value, sells, 8
barters, exchanges, leases or rents with the 9
option to purchase, offers, attempts to sell, or 10
negotiates the sale of any vessel or vessel 11
trailer, whether or not the vessel or vessel 12
trailer is owned by such person. The sale of 13
six or more vessels or vessel trailers or both 14
in any calendar year shall be required as 15
evidence that such person is eligible for 16
licensure as a boat dealer under sections 17
301.550 to 301.580; except that, such sales 18
requirements shall be waived for entities also 19
licensed as boat manufacturers under section 20
301.559 who custom manufacture boats: 21
(a) For use with biological research and 22
management equipment for fisheries; or 23
(b) For use with scientific sampling and 24
for geological or chemistry purposes. 25
The boat dealer shall demonstrate eligibility 26
for renewal of his license by selling six or 27
more vessels or vessel trailers or both in the 28
prior calendar year while licensed as a boat 29
dealer pursuant to sections 301.550 to 301.580; 30
(2) "Boat manufacturer", any person 31
engaged in the manufacturing, assembling or 32
modification of new vessels or vessel trailers 33
as a regular business, including a person, 34
partnership or corporation which acts for and is 35
under the control of a manufacturer or assembly 36
in connection with the distribution of vessels 37
or vessel trailers; 38
(3) "Department", the Missouri department 39
of revenue; 40
(4) "Director", the director of the 41
Missouri department of revenue; 42
(5) "Emergency vehicles", motor vehicles 43
used as ambulances, law enforcement vehicles, 44
and fire fighting and assistance vehicles; 45
SB 1056 141
(6) "Manufacturer", any person engaged in 46
the manufacturing, assembling or modification of 47
new motor vehicles or trailers as a regular 48
business, including a person, partnership or 49
corporation which acts for and is under the 50
control of a manufacturer or assembly in 51
connection with the distribution of motor 52
vehicles or accessories for motor vehicles; 53
(7) "Motor vehicle broker", a person who 54
holds himself out through solicitation, 55
advertisement, or otherwise as one who offers to 56
arrange a transaction involving the retail sale 57
of a motor vehicle, and who is not: 58
(a) A dealer, or any agent, or any 59
employee of a dealer when acting on behalf of a 60
dealer; 61
(b) A manufacturer, or any agent, or 62
employee of a manufacturer when acting on behalf 63
of a manufacturer; 64
(c) The owner of the vehicle involved in 65
the transaction; or 66
(d) A public motor vehicle auction or 67
wholesale motor vehicle auction where buyers are 68
licensed dealers in this or any other 69
jurisdiction; 70
(8) "Motor vehicle dealer" or "dealer", 71
any person who, for commission or with an intent 72
to make a profit or gain of money or other thing 73
of value, sells, barters, exchanges, leases or 74
rents with the option to purchase, or who offers 75
or attempts to sell or negotiates the sale of 76
motor vehicles or trailers whether or not the 77
motor vehicles or trailers are owned by such 78
person; provided, however, an individual 79
auctioneer or auction conducted by an auctioneer 80
licensed pursuant to chapter 343 shall not be 81
included within the definition of a motor 82
vehicle dealer. The sale of eight or more motor 83
vehicles or trailers in any calendar year shall 84
be required as evidence that such person is 85
engaged in the motor vehicle business and is 86
eligible for licensure as a motor vehicle dealer 87
under sections 301.550 to 301.580. Any licensed 88
motor vehicle dealer failing to meet the minimum 89
SB 1056 142
vehicle sales requirements as referenced in this 90
subsection shall not be qualified to renew his 91
or her license for one year. To be eligible for 92
license renewal, applicants shall meet the 93
minimum requirement of eight sales per year; 94
(9) "New motor vehicle", any motor vehicle 95
being transferred for the first time from a 96
manufacturer, distributor or new vehicle dealer 97
which has not been registered or titled in this 98
state or any other state and which is offered 99
for sale, barter or exchange by a dealer who is 100
franchised to sell, barter or exchange that 101
particular make of motor vehicle. The term "new 102
motor vehicle" shall not include manufactured 103
homes, as defined in section 700.010; 104
(10) "New motor vehicle franchise dealer", 105
any motor vehicle dealer who has been franchised 106
to deal in a certain make of motor vehicle by 107
the manufacturer or distributor of that make and 108
motor vehicle and who may, in line with 109
conducting his business as a franchise dealer, 110
sell, barter or exchange used motor vehicles; 111
(11) "Person" includes an individual, a 112
partnership, corporation, an unincorporated 113
society or association, joint venture or any 114
other entity; 115
(12) "Powersport dealer", any motor 116
vehicle dealer who sells, either pursuant to a 117
franchise agreement or otherwise, primarily 118
motor vehicles including but not limited to 119
motorcycles, all-terrain vehicles, and personal 120
watercraft, as those terms are defined in this 121
chapter and chapter 306; 122
(13) "Public motor vehicle auction", any 123
person, firm or corporation who takes possession 124
of a motor vehicle whether by consignment, 125
bailment or any other arrangement, except by 126
title, for the purpose of selling motor vehicles 127
at a public auction by a licensed auctioneer; 128
(14) "Recreational motor vehicle dealer", 129
a dealer of new or used motor vehicles designed, 130
constructed or substantially modified for use as 131
temporary housing quarters, including sleeping 132
and eating facilities which are either 133
SB 1056 143
permanently attached to the motor vehicle or 134
attached to a unit which is securely attached to 135
the motor vehicle; 136
(15) "Storage lot", an area within the 137
same city or county where a dealer may store 138
excess vehicle inventory; 139
(16) "Trailer dealer", any person selling, 140
either exclusively or otherwise, trailers as 141
defined in section 301.010. A trailer dealer 142
may acquire a motor vehicle for resale only as a 143
trade-in for a trailer. Notwithstanding the 144
provisions of section 301.010 and section 145
301.069, trailer dealers may purchase one 146
driveaway license plate to display such motor 147
vehicle for demonstration purposes. The sale of 148
six or more trailers in any calendar year shall 149
be required as evidence that such person is 150
engaged in the trailer business and is eligible 151
for licensure as a trailer dealer under sections 152
301.550 to 301.580. Any licensed trailer dealer 153
failing to meet the minimum trailer and vehicle 154
sales requirements as referenced in this 155
subsection shall not be qualified to renew his 156
or her license for one year. Applicants who 157
reapply after the one-year period shall meet the 158
requirement of six sales per year; 159
(17) "Used motor vehicle", any motor 160
vehicle which is not a new motor vehicle, as 161
defined in sections 301.550 to 301.580, and 162
which has been sold, bartered, exchanged or 163
given away or which may have had a title issued 164
in this state or any other state, or a motor 165
vehicle so used as to be what is commonly known 166
as a secondhand motor vehicle. In the event of 167
an assignment of the statement of origin from an 168
original franchise dealer to any individual or 169
other motor vehicle dealer other than a new 170
motor vehicle franchise dealer of the same make, 171
the vehicle so assigned shall be deemed to be a 172
used motor vehicle and a certificate of 173
ownership shall be obtained in the assignee's 174
name. The term "used motor vehicle" shall not 175
include manufactured homes, as defined in 176
section 700.010; 177
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(18) "Used motor vehicle dealer", any 178
motor vehicle dealer who is not a new motor 179
vehicle franchise dealer; 180
(19) "Vessel", every boat and watercraft 181
defined as a vessel in section 306.010; 182
(20) "Vessel trailer", any trailer, as 183
defined by section 301.010 which is designed and 184
manufactured for the purposes of transporting 185
vessels; 186
(21) "Wholesale motor vehicle auction", 187
any person, firm or corporation in the business 188
of providing auction services solely in 189
wholesale transactions at its established place 190
of business in which the purchasers are motor 191
vehicle dealers licensed by this or any other 192
jurisdiction, and which neither buys, sells nor 193
owns the motor vehicles it auctions in the 194
ordinary course of its business. Except as 195
required by law with regard to the auction sale 196
of a government-owned motor vehicle, a wholesale 197
motor vehicle auction shall not provide auction 198
services in connection with the retail sale of a 199
motor vehicle; 200
(22) "Wholesale motor vehicle dealer", a 201
motor vehicle dealer who sells motor vehicles 202
only to other new motor vehicle franchise 203
dealers or used motor vehicle dealers or via 204
auctions limited to other dealers of any class. 205
2. For purposes of sections 301.550 to 206
301.580, neither the term motor vehicle nor the 207
term trailer shall include manufactured homes, 208
as defined in section 700.010. 209
3. Dealers shall be divided into classes 210
as follows: 211
(1) Boat dealers; 212
(2) Franchised new motor vehicle dealers; 213
(3) Used motor vehicle dealers; 214
(4) Wholesale motor vehicle dealers; 215
(5) Recreational motor vehicle dealers; 216
(6) Historic motor vehicle dealers; 217
(7) Classic motor vehicle dealers; 218
(8) Powersport dealers; and 219
(9) Trailer dealers.] 220
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[301.551. 1. The department of revenue 1
may require that fingerprint submissions be made 2
as part of an application seeking licensure for 3
a new motor vehicle franchise dealer, used motor 4
vehicle dealer, powersport dealer, wholesale 5
motor vehicle dealer, motor vehicle dealer, 6
public motor vehicle auction, recreational motor 7
vehicle dealer, trailer dealer, boat dealer, 8
manufacturer, or boat manufacturer, as such 9
terms are defined in section 301.550. 10
2. If the department of revenue requires 11
that fingerprint submissions be made as part of 12
such application, the department of revenue 13
shall require applicants to submit the 14
fingerprints to the Missouri state highway 15
patrol for the purpose of conducting a state and 16
federal fingerprint-based criminal history 17
background check. 18
3. The fingerprints and any required fees 19
shall be sent to the Missouri state highway 20
patrol's central repository. The fingerprints 21
shall be used for searching the state criminal 22
records repository and shall also be forwarded 23
to the Federal Bureau of Investigation for a 24
federal criminal records search under section 25
43.540. The Missouri state highway patrol shall 26
notify the department of any criminal history 27
record information or lack of criminal history 28
record information discovered on the 29
individual. Notwithstanding the provisions of 30
section 610.120 to the contrary, all records 31
related to any criminal history information 32
discovered shall be accessible and available to 33
the department.] 34
[301.553. 1. The department of revenue 1
shall be responsible for the licensing of all 2
manufacturers, motor vehicle dealers, boat 3
dealers, wholesale motor vehicle auctions, 4
public motor vehicle auctions and wholesale 5
motor vehicle dealers pursuant to the provisions 6
of sections 301.550 to 301.580 and the rules and 7
regulations which it may adopt. 8
SB 1056 146
2. All the powers, duties and functions of 9
the Missouri motor vehicle commission, sections 10
301.550 to 301.573, in effect immediately prior 11
to July 1, 1997, are transferred by type I 12
transfer, as provided in the Omnibus State 13
Reorganization Act of 1974, to the department of 14
revenue. The rules and regulations adopted by 15
the commission which were adopted pursuant to 16
this section prior to July 1, 1997, shall 17
continue in effect after July 1, 1997. 18
3. All orders or decisions of the 19
department shall be in writing, signed by the 20
director and the official seal affixed thereto. 21
4. The department shall have the authority 22
to promulgate those rules and regulations 23
necessary to perform the provisions of sections 24
301.550 to 301.580 and is vested with those 25
powers and duties necessary and proper to enable 26
it to fully and effectively carry out the 27
provisions of sections 301.550 to 301.580. No 28
rule or portion of a rule promulgated under the 29
authority of sections 301.550 to 301.580 shall 30
become effective unless it has been promulgated 31
pursuant to the provisions of section 536.024.] 32
[301.555. Every official and employee of 1
the department and each person who provides 2
information to or otherwise participates in the 3
operation of the department shall be immune from 4
civil liability for such acts so long as the 5
acts were performed in good faith, without 6
malice, and were reasonably related to the scope 7
of inquiry of the department.] 8
[301.557. 1. The duties of the director 1
shall include, but not be limited to: 2
(1) The supervision and direction of the 3
activities of the department's employees; 4
(2) Keeping custody of the department's 5
official seal and affixing of this seal to all 6
licenses and orders issued by the department 7
pursuant to sections 301.550 to 301.580; 8
(3) The receipt and prompt disposition of 9
all correspondence or inquiries directed to the 10
department; 11
SB 1056 147
(4) Maintaining a record of total number 12
of annual new motor vehicle sales by individual 13
franchise dealers and a separate record of total 14
annual used motor vehicle sales by individual 15
motor vehicle dealers from the director of 16
revenue. These records will be available for 17
public inspection; 18
(5) Being the custodian of the files and 19
records of the department; 20
(6) The performance of any other duty 21
required in the enforcement of sections 301.550 22
to 301.580. 23
2. The director shall receive complaints 24
concerning its licensee's business or 25
professional practices. The complaints shall be 26
logged into record, the record shall include at 27
a minimum, the licensee's name, the name of the 28
complaining party, if given, the date of the 29
complaint and a brief statement of the complaint 30
and its ultimate disposition. Notwithstanding 31
any provisions of law to the contrary, such 32
complaint shall be kept in confidence by the 33
director until such time as formal proceedings 34
are filed with the director, or the director 35
disposes of the complaint in accordance with 36
section 301.562; provided that upon inquiry from 37
a licensee against whom a complaint has been 38
received, the director shall acknowledge to the 39
licensee that a complaint has been made. The 40
licensee shall have access to all complaints and 41
information contained therein.] 42
[301.559. 1. It shall be unlawful for any 1
person to engage in business as or act as a 2
motor vehicle dealer, boat dealer, manufacturer, 3
boat manufacturer, public motor vehicle auction, 4
wholesale motor vehicle auction or wholesale 5
motor vehicle dealer without first obtaining a 6
license from the department as required in 7
sections 301.550 to 301.580. Any person who 8
maintains or operates any business wherein a 9
license is required pursuant to the provisions 10
of sections 301.550 to 301.580, without such 11
license, is guilty of a class A misdemeanor. 12
SB 1056 148
Any person committing a second violation of 13
sections 301.550 to 301.580 shall be guilty of a 14
class E felony. 15
2. All dealer licenses shall expire on 16
December thirty-first of the designated license 17
period. The department shall notify each person 18
licensed under sections 301.550 to 301.580 of 19
the date of license expiration and the amount of 20
the fee required for renewal. The notice shall 21
be mailed at least ninety days before the date 22
of license expiration to the licensee's last 23
known business address. The director shall have 24
the authority to issue licenses valid for a 25
period of up to two years and to stagger the 26
license periods for administrative efficiency 27
and equalization of workload, at the sole 28
discretion of the director. 29
3. Every manufacturer, boat manufacturer, 30
motor vehicle dealer, wholesale motor vehicle 31
dealer, wholesale motor vehicle auction, boat 32
dealer or public motor vehicle auction shall 33
make application to the department for issuance 34
of a license. The application shall be on forms 35
prescribed by the department and shall be issued 36
under the terms and provisions of sections 37
301.550 to 301.580 and require all applicants, 38
as a condition precedent to the issuance of a 39
license, to provide such information as the 40
department may deem necessary to determine that 41
the applicant is bona fide and of good moral 42
character, except that every application for a 43
license shall contain, in addition to such 44
information as the department may require, a 45
statement to the following facts: 46
(1) The name and business address, not a 47
post office box, of the applicant and the 48
fictitious name, if any, under which the 49
applicant intends to conduct business, the 50
applicant's regular business hours, and a phone 51
number and email address where the applicant may 52
be contacted during regular business hours. If 53
the applicant is a partnership, the application 54
shall list the name and residence address of 55
each partner, an indication of whether the 56
SB 1056 149
partner is a limited or general partner and the 57
name under which the partnership business is to 58
be conducted. In the event that the applicant 59
is a corporation, the application shall list the 60
names of the principal officers of the 61
corporation and the state in which it is 62
incorporated. Each application shall be 63
verified by the oath or affirmation of the 64
applicant, if an individual, or in the event an 65
applicant is a partnership or corporation, then 66
by a partner or officer; 67
(2) Whether the application is being made 68
for registration as a manufacturer, boat 69
manufacturer, new motor vehicle franchise 70
dealer, used motor vehicle dealer, wholesale 71
motor vehicle dealer, boat dealer, wholesale 72
motor vehicle auction or a public motor vehicle 73
auction; 74
(3) When the application is for a new 75
motor vehicle franchise dealer, the application 76
shall be accompanied by a copy of the franchise 77
agreement in the registered name of the 78
dealership setting out the appointment of the 79
applicant as a franchise holder and it shall be 80
signed by the manufacturer, or his authorized 81
agent, or the distributor, or his authorized 82
agent, and shall include a description of the 83
make of all motor vehicles covered by the 84
franchise. The department shall not require a 85
copy of the franchise agreement to be submitted 86
with each renewal application unless the 87
applicant is now the holder of a franchise from 88
a different manufacturer or distributor from 89
that previously filed, or unless a new term of 90
agreement has been entered into; 91
(4) When the application is for a public 92
motor vehicle auction, that the public motor 93
vehicle auction has met the requirements of 94
section 301.561. 95
4. No insurance company, finance company, 96
credit union, savings and loan association, bank 97
or trust company shall be required to obtain a 98
license from the department in order to sell any 99
motor vehicle, trailer or vessel repossessed or 100
SB 1056 150
purchased by the company on the basis of total 101
destruction or theft thereof when the sale of 102
the motor vehicle, trailer or vessel is in 103
conformance with applicable title and 104
registration laws of this state. 105
5. No person shall be issued a license to 106
conduct a public motor vehicle auction or 107
wholesale motor vehicle auction if such person 108
has a violation of sections 301.550 to 301.580 109
or other violations of chapter 301, sections 110
407.511 to 407.556, or section 578.120 which 111
resulted in a felony conviction or finding of 112
guilt or a violation of any federal motor 113
vehicle laws which resulted in a felony 114
conviction or finding of guilt.] 115
[301.560. 1. In addition to the 1
application forms prescribed by the department, 2
each applicant shall submit the following to the 3
department: 4
(1) Every application other than a renewal 5
application for a motor vehicle franchise dealer 6
shall include a certification that the applicant 7
has a bona fide established place of business. 8
Such application shall include an annual 9
certification that the applicant has a bona fide 10
established place of business for the first 11
three years and only for every other year 12
thereafter. The certification shall be 13
performed by a uniformed member of the Missouri 14
state highway patrol or authorized or designated 15
employee stationed in the troop area in which 16
the applicant's place of business is located; 17
except that in counties of the first 18
classification, certification may be performed 19
by an officer of a metropolitan police 20
department when the applicant's established 21
place of business of distributing or selling 22
motor vehicles or trailers is in the 23
metropolitan area where the certifying 24
metropolitan police officer is employed. When 25
the application is being made for licensure as a 26
boat manufacturer or boat dealer, certification 27
shall be performed by a uniformed member of the 28
SB 1056 151
Missouri state highway patrol or authorized or 29
designated employee stationed in the troop area 30
in which the applicant's place of business is 31
located or, if the applicant's place of business 32
is located within the jurisdiction of a 33
metropolitan police department in a first class 34
county, by an officer of such metropolitan 35
police department. A bona fide established 36
place of business for any new motor vehicle 37
franchise dealer, used motor vehicle dealer, 38
boat dealer, powersport dealer, wholesale motor 39
vehicle dealer, trailer dealer, or wholesale or 40
public auction shall be a permanent enclosed 41
building or structure, either owned in fee or 42
leased and actually occupied as a place of 43
business by the applicant for the selling, 44
bartering, trading, servicing, or exchanging of 45
motor vehicles, boats, personal watercraft, or 46
trailers and wherein the public may contact the 47
owner or operator at any reasonable time, and 48
wherein shall be kept and maintained the books, 49
records, files and other matters required and 50
necessary to conduct the business. The 51
applicant shall maintain a working telephone 52
number during the entire registration year which 53
will allow the public, the department, and law 54
enforcement to contact the applicant during 55
regular business hours. The applicant shall 56
also maintain an email address during the entire 57
registration year which may be used for official 58
correspondence with the department. In order to 59
qualify as a bona fide established place of 60
business for all applicants licensed pursuant to 61
this section there shall be an exterior sign 62
displayed carrying the name of the business set 63
forth in letters at least six inches in height 64
and clearly visible to the public and there 65
shall be an area or lot which shall not be a 66
public street on which multiple vehicles, boats, 67
personal watercraft, or trailers may be 68
displayed. The sign shall contain the name of 69
the dealership by which it is known to the 70
public through advertising or otherwise, which 71
need not be identical to the name appearing on 72
SB 1056 152
the dealership's license so long as such name is 73
registered as a fictitious name with the 74
secretary of state, has been approved by its 75
line-make manufacturer in writing in the case of 76
a new motor vehicle franchise dealer and a copy 77
of such fictitious name registration has been 78
provided to the department. Dealers who sell 79
only emergency vehicles as defined in section 80
301.550 are exempt from maintaining a bona fide 81
place of business, including the related law 82
enforcement certification requirements, and from 83
meeting the minimum yearly sales; 84
(2) The initial application for licensure 85
shall include a photograph, not to exceed eight 86
inches by ten inches but no less than five 87
inches by seven inches, showing the business 88
building, lot, and sign. A new motor vehicle 89
franchise dealer applicant who has purchased a 90
currently licensed new motor vehicle franchised 91
dealership shall be allowed to submit a 92
photograph of the existing dealership building, 93
lot and sign but shall be required to submit a 94
new photograph upon the installation of the new 95
dealership sign as required by sections 301.550 96
to 301.580. Applicants shall not be required to 97
submit a photograph annually unless the business 98
has moved from its previously licensed location, 99
or unless the name of the business or address 100
has changed, or unless the class of business has 101
changed; 102
(3) Every applicant as a new motor vehicle 103
franchise dealer, a used motor vehicle dealer, a 104
powersport dealer, a wholesale motor vehicle 105
dealer, trailer dealer, or boat dealer shall 106
furnish with the application a corporate surety 107
bond or an irrevocable letter of credit as 108
defined in section 400.5-102, issued by any 109
state or federal financial institution in the 110
penal sum of fifty thousand dollars on a form 111
approved by the department. The bond or 112
irrevocable letter of credit shall be 113
conditioned upon the dealer complying with the 114
provisions of the statutes applicable to new 115
motor vehicle franchise dealers, used motor 116
SB 1056 153
vehicle dealers, powersport dealers, wholesale 117
motor vehicle dealers, trailer dealers, and boat 118
dealers, and the bond shall be an indemnity for 119
any loss sustained by reason of the acts of the 120
person bonded when such acts constitute grounds 121
for the suspension or revocation of the dealer's 122
license. The bond shall be executed in the name 123
of the state of Missouri for the benefit of all 124
aggrieved parties or the irrevocable letter of 125
credit shall name the state of Missouri as the 126
beneficiary; except, that the aggregate 127
liability of the surety or financial institution 128
to the aggrieved parties shall, in no event, 129
exceed the amount of the bond or irrevocable 130
letter of credit. Additionally, every applicant 131
as a new motor vehicle franchise dealer, a used 132
motor vehicle dealer, a powersport dealer, a 133
wholesale motor vehicle dealer, or boat dealer 134
shall furnish with the application a copy of a 135
current dealer garage policy bearing the policy 136
number and name of the insurer and the insured. 137
The proceeds of the bond or irrevocable letter 138
of credit furnished by an applicant shall be 139
paid upon receipt by the department of a final 140
judgment from a Missouri court of competent 141
jurisdiction against the principal and in favor 142
of an aggrieved party. The proceeds of the bond 143
or irrevocable letter of credit furnished by an 144
applicant shall be paid at the order of the 145
department and in the amount determined by the 146
department to any buyer or interested lienholder 147
up to the greater of the amount required for the 148
release of the purchase money lien or the sales 149
price paid by the buyer where a dealer has 150
failed to fulfill the dealer's obligations under 151
an agreement to assign and deliver title to the 152
buyer within thirty days under a contract 153
entered into pursuant to subsection 5 of section 154
301.210. The department shall direct release of 155
the bond or irrevocable letter of credit 156
proceeds upon presentation of a written 157
agreement entered into pursuant to subsection 5 158
of section 301.210, copies of the associated 159
sales and finance documents, and the affidavit 160
SB 1056 154
or affidavits of the buyer or lienholder stating 161
that the certificate of title with assignment 162
thereof has not been passed to the buyer within 163
thirty days of the date of the contract entered 164
into under subsection 5 of section 301.210, that 165
the dealer has not fulfilled the agreement under 166
the contract to repurchase the vehicle, that the 167
buyer or the lienholder has notified the dealer 168
of the claim on the bond or letter of credit, 169
and the amount claimed by the purchaser or 170
lienholder. In addition, prior to directing 171
release and payment of the proceeds of a bond or 172
irrevocable letter of credit, the department 173
shall ensure that there is satisfactory evidence 174
to establish that the vehicle which is subject 175
to the written agreement has been returned by 176
the buyer to the dealer or that the buyer has 177
represented to the department that the buyer 178
will surrender possession of the vehicle to the 179
dealer upon payment of the proceeds of the bond 180
or letter of credit directed by the department. 181
Excepting ordinary wear and tear or mechanical 182
failures not caused by the buyer, the amount of 183
proceeds to be paid to the buyer under the bond 184
or irrevocable letter of credit shall be reduced 185
by an amount equivalent to any damage, abuse, or 186
destruction incurred by the vehicle while the 187
vehicle was in the buyer's possession as agreed 188
between the buyer and the dealer. The dealer 189
may apply to a court of competent jurisdiction 190
to contest the claim on the bond or letter of 191
credit, including the amount of the claim and 192
the amount of any adjustment for any damage, 193
abuse, or destruction, by filing a petition with 194
the court within thirty days of the notification 195
by the buyer or lienholder. If the dealer does 196
not fulfill the agreement or file a petition to 197
request judicial relief from the terms of the 198
agreement or contest the amount of the claim, 199
the bond or letter of credit shall be released 200
by the department and directed paid in the 201
amount or amounts presented by the lienholder or 202
buyer; 203
SB 1056 155
(4) Payment of all necessary license fees 204
as established by the department. In 205
establishing the amount of the annual license 206
fees, the department shall, as near as possible, 207
produce sufficient total income to offset 208
operational expenses of the department relating 209
to the administration of sections 301.550 to 210
301.580. All fees payable pursuant to the 211
provisions of sections 301.550 to 301.580, other 212
than those fees collected for the issuance of 213
dealer plates or certificates of number 214
collected pursuant to subsection 6 of this 215
section, shall be collected by the department 216
for deposit in the state treasury to the credit 217
of the "Motor Vehicle Commission Fund", which is 218
hereby created. The motor vehicle commission 219
fund shall be administered by the Missouri 220
department of revenue. The provisions of 221
section 33.080 to the contrary notwithstanding, 222
money in such fund shall not be transferred and 223
placed to the credit of the general revenue fund 224
until the amount in the motor vehicle commission 225
fund at the end of the biennium exceeds two 226
times the amount of the appropriation from such 227
fund for the preceding fiscal year or, if the 228
department requires permit renewal less 229
frequently than yearly, then three times the 230
appropriation from such fund for the preceding 231
fiscal year. The amount, if any, in the fund 232
which shall lapse is that amount in the fund 233
which exceeds the multiple of the appropriation 234
from such fund for the preceding fiscal year. 235
2. In the event a new vehicle 236
manufacturer, boat manufacturer, motor vehicle 237
dealer, wholesale motor vehicle dealer, boat 238
dealer, powersport dealer, wholesale motor 239
vehicle auction, trailer dealer, or a public 240
motor vehicle auction submits an application for 241
a license for a new business and the applicant 242
has complied with all the provisions of this 243
section, the department shall make a decision to 244
grant or deny the license to the applicant 245
within eight working hours after receipt of the 246
SB 1056 156
dealer's application, notwithstanding any rule 247
of the department. 248
3. Except as otherwise provided in 249
subsection 6 of this section, upon the initial 250
issuance of a license by the department, the 251
department shall assign a distinctive dealer 252
license number or certificate of number to the 253
applicant and the department shall issue one 254
number plate or certificate bearing the 255
distinctive dealer license number or certificate 256
of number and two additional number plates or 257
certificates of number within eight working 258
hours after presentment of the application and 259
payment by the applicant of a fee of fifty 260
dollars for the first plate or certificate and 261
ten dollars and fifty cents for each additional 262
plate or certificate. Upon renewal, the 263
department shall issue the distinctive dealer 264
license number or certificate of number as 265
quickly as possible. The issuance of such 266
distinctive dealer license number or certificate 267
of number shall be in lieu of registering each 268
motor vehicle, trailer, vessel or vessel trailer 269
dealt with by a boat dealer, boat manufacturer, 270
manufacturer, public motor vehicle auction, 271
wholesale motor vehicle dealer, wholesale motor 272
vehicle auction or new or used motor vehicle 273
dealer. The license plates described in this 274
section shall be made with fully reflective 275
material with a common color scheme and design, 276
shall be clearly visible at night, and shall be 277
aesthetically attractive, as prescribed by 278
section 301.130. 279
4. Notwithstanding any other provision of 280
the law to the contrary, the department shall 281
assign the following distinctive dealer license 282
numbers to: 283
284
285
286
New motor
vehicle franchise
dealers
D-0 through D-999
287
288
New powersport
dealers
D-1000 through D-
1999

SB 1056 157
For purposes of this subsection, qualified 308
transactions shall include the purchase of 309
salvage titled vehicles by a licensed salvage 310
dealer. A used motor vehicle dealer who also 311
holds a salvage dealer's license shall be 312
allowed one additional plate or certificate 313
number per fifty-unit qualified transactions 314
annually. In order for salvage dealers to 315
obtain number plates or certificates under this 316
section, dealers shall submit to the department 317
of revenue on August first of each year a 318
statement certifying, under penalty of perjury, 319
the dealer's number of purchases during the 320
reporting period of July first of the 321
immediately preceding year to June thirtieth of 322
the present year. The provisions of this 323
subsection shall become effective on the date 324
the director of the department of revenue begins 325
to reissue new license plates under section 326
301.130, or on December 1, 2008, whichever 327
occurs first. If the director of revenue begins 328
reissuing new license plates under the authority 329
289
290
291
Used motor vehicle
and used
powersport dealers
D-2000 through D-
9999

292
293
Wholesale motor
vehicle dealers
W-0 through W-1999
294
295
Wholesale motor
vehicle auctions
WA-0 through WA-
999

296
297
New and used
trailer dealers
T-0 through T-9999
298
299
300
Motor vehicle,
trailer, and boat
manufacturers
DM-0 through DM-
999

301
302
Public motor
vehicle auctions
A-0 through A-1999
303
304
Boat dealers M-0 through M-9999
305
306
307
New and used
recreational motor
vehicle dealers
RV-0 through RV-
999

SB 1056 158
granted under section 301.130 prior to December 330
1, 2008, the director of the department of 331
revenue shall notify the revisor of statutes of 332
such fact. 333
5. Upon the sale of a currently licensed 334
motor vehicle dealership the department shall, 335
upon request, authorize the new approved dealer 336
applicant to retain the selling dealer's license 337
number and shall cause the new dealer's records 338
to indicate such transfer. If the new approved 339
dealer applicant elects not to retain the 340
selling dealer's license number, the department 341
shall issue the new dealer applicant a new 342
dealer's license number and an equal number of 343
plates or certificates as the department had 344
issued to the selling dealer. 345
6. In the case of motor vehicle dealers, 346
the department shall issue one number plate 347
bearing the distinctive dealer license number 348
and may issue one additional number plate to the 349
applicant upon payment by the dealer of a fifty 350
dollar fee for the number plate bearing the 351
distinctive dealer license number and ten 352
dollars and fifty cents for the additional 353
number plate. The department may issue a third 354
plate to the motor vehicle dealer upon 355
completion of the dealer's fifteenth qualified 356
transaction and payment of a fee of ten dollars 357
and fifty cents. In the case of new motor 358
vehicle manufacturers, powersport dealers, 359
recreational motor vehicle dealers, and trailer 360
dealers, the department shall issue one number 361
plate bearing the distinctive dealer license 362
number and may issue two additional number 363
plates to the applicant upon payment by the 364
manufacturer or dealer of a fifty dollar fee for 365
the number plate bearing the distinctive dealer 366
license number and ten dollars and fifty cents 367
for each additional number plate. Boat dealers 368
and boat manufacturers shall be entitled to one 369
certificate of number bearing such number upon 370
the payment of a fifty dollar fee. Additional 371
number plates and as many additional 372
certificates of number may be obtained upon 373
SB 1056 159
payment of a fee of ten dollars and fifty cents 374
for each additional plate or certificate. New 375
motor vehicle manufacturers shall not be issued 376
or possess more than three hundred forty-seven 377
additional number plates or certificates of 378
number annually. New and used motor vehicle 379
dealers, powersport dealers, wholesale motor 380
vehicle dealers, boat dealers, and trailer 381
dealers are limited to one additional plate or 382
certificate of number per ten-unit qualified 383
transactions annually. New and used 384
recreational motor vehicle dealers are limited 385
to two additional plates or certificate of 386
number per ten-unit qualified transactions 387
annually for their first fifty transactions and 388
one additional plate or certificate of number 389
per ten-unit qualified transactions thereafter. 390
An applicant seeking the issuance of an initial 391
license shall indicate on his or her initial 392
application the applicant's proposed annual 393
number of sales in order for the director to 394
issue the appropriate number of additional 395
plates or certificates of number. A motor 396
vehicle dealer, trailer dealer, boat dealer, 397
powersport dealer, recreational motor vehicle 398
dealer, motor vehicle manufacturer, boat 399
manufacturer, or wholesale motor vehicle dealer 400
obtaining a distinctive dealer license plate or 401
certificate of number or additional license 402
plate or additional certificate of number, 403
throughout the calendar year, shall be required 404
to pay a fee for such license plates or 405
certificates of number computed on the basis of 406
one-twelfth of the full fee prescribed for the 407
original and duplicate number plates or 408
certificates of number for such dealers' 409
licenses, multiplied by the number of months 410
remaining in the licensing period for which the 411
dealer or manufacturers shall be required to be 412
licensed. In the event of a renewing dealer, 413
the fee due at the time of renewal shall not be 414
prorated. Wholesale and public auctions shall 415
be issued a certificate of dealer registration 416
in lieu of a dealer number plate. In order for 417
SB 1056 160
dealers to obtain number plates or certificates 418
under this section, dealers shall submit to the 419
department of revenue on August first of each 420
year a statement certifying, under penalty of 421
perjury, the dealer's number of sales during the 422
reporting period of July first of the 423
immediately preceding year to June thirtieth of 424
the present year. 425
7. The plates issued pursuant to 426
subsection 3 or 6 of this section may be 427
displayed on any motor vehicle owned by a new 428
motor vehicle manufacturer. The plates issued 429
pursuant to subsection 3 or 6 of this section 430
may be displayed on any motor vehicle or trailer 431
owned and held for resale by a motor vehicle 432
dealer for use by a customer who is test driving 433
the motor vehicle, for use by any customer while 434
the customer's vehicle is being serviced or 435
repaired by the motor vehicle dealer, for use 436
and display purposes during, but not limited to, 437
parades, private events, charitable events, or 438
for use by an employee or officer, but shall not 439
be displayed on any motor vehicle or trailer 440
hired or loaned to others or upon any regularly 441
used service or wrecker vehicle. Motor vehicle 442
dealers may display their dealer plates on a 443
tractor, truck or trailer to demonstrate a 444
vehicle under a loaded condition. Trailer 445
dealers may display their dealer license plates 446
in like manner, except such plates may only be 447
displayed on trailers owned and held for resale 448
by the trailer dealer. 449
8. The certificates of number issued 450
pursuant to subsection 3 or 6 of this section 451
may be displayed on any vessel or vessel trailer 452
owned and held for resale by a boat manufacturer 453
or a boat dealer, and used by a customer who is 454
test driving the vessel or vessel trailer, or is 455
used by an employee or officer on a vessel or 456
vessel trailer only, but shall not be displayed 457
on any motor vehicle owned by a boat 458
manufacturer, boat dealer, or trailer dealer, or 459
vessel or vessel trailer hired or loaned to 460
others or upon any regularly used service vessel 461
SB 1056 161
or vessel trailer. Boat dealers and boat 462
manufacturers may display their certificate of 463
number on a vessel or vessel trailer when 464
transporting a vessel or vessels to an exhibit 465
or show. 466
9. If any law enforcement officer has 467
probable cause to believe that any license plate 468
or certificate of number issued under subsection 469
3 or 6 of this section is being misused in 470
violation of subsection 7 or 8 of this section, 471
the license plate or certificate of number may 472
be seized and surrendered to the department. 473
10. (1) Every application for the 474
issuance of a used motor vehicle dealer's 475
license shall be accompanied by proof that the 476
applicant, within the last twelve months, has 477
completed an educational seminar course approved 478
by the department as prescribed by subdivision 479
(2) of this subsection. Wholesale and public 480
auto auctions and applicants currently holding a 481
new or used license for a separate dealership 482
shall be exempt from the requirements of this 483
subsection. The provisions of this subsection 484
shall not apply to current new motor vehicle 485
franchise dealers or motor vehicle leasing 486
agencies or applicants for a new motor vehicle 487
franchise or a motor vehicle leasing agency. 488
The provisions of this subsection shall not 489
apply to used motor vehicle dealers who were 490
licensed prior to August 28, 2006. 491
(2) The educational seminar shall include, 492
but is not limited to, the dealer requirements 493
of sections 301.550 to 301.580, the rules 494
promulgated to implement, enforce, and 495
administer sections 301.550 to 301.580, and any 496
other rules and regulations promulgated by the 497
department.] 498
[301.561. Any person or corporation 1
holding a public motor vehicle auction shall 2
display in a conspicuous manner two signs each 3
of which shall bear the following warning in 4
letters at least six inches high: "Attention 5
Buyers: Vehicles sold at this auction may not 6
SB 1056 162
have had a safety inspection." The dimensions of 7
each sign shall be at least two feet by two 8
feet.] 9
[301.562. 1. The department may refuse to 1
issue or renew any license required pursuant to 2
sections 301.550 to 301.580 for any one or any 3
combination of causes stated in subsection 2 of 4
this section. The department shall notify the 5
applicant or licensee in writing at his or her 6
last known address of the reasons for the 7
refusal to issue or renew the license and shall 8
advise the applicant or licensee of his or her 9
right to file a complaint with the 10
administrative hearing commission as provided by 11
chapter 621. 12
2. The department may cause a complaint to 13
be filed with the administrative hearing 14
commission as provided by chapter 621 against 15
any holder of any license issued under sections 16
301.550 to 301.580 for any one or any 17
combination of the following causes: 18
(1) The applicant or license holder was 19
previously the holder of a license issued under 20
sections 301.550 to 301.580, which license was 21
revoked for cause and never reissued by the 22
department, or which license was suspended for 23
cause and the terms of suspension have not been 24
fulfilled; 25
(2) The applicant or license holder was 26
previously a partner, stockholder, director or 27
officer controlling or managing a partnership or 28
corporation whose license issued under sections 29
301.550 to 301.580 was revoked for cause and 30
never reissued or was suspended for cause and 31
the terms of suspension have not been fulfilled; 32
(3) The applicant or license holder has, 33
within ten years prior to the date of the 34
application, been finally adjudicated and found 35
guilty, or entered a plea of guilty or nolo 36
contendere, in a prosecution under the laws of 37
any state or of the United States, for any 38
offense reasonably related to the 39
qualifications, functions, or duties of any 40
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business licensed under sections 301.550 to 41
301.580; for any offense, an essential element 42
of which is fraud, dishonesty, or an act of 43
violence; or for any offense involving moral 44
turpitude, whether or not sentence is imposed; 45
(4) Use of fraud, deception, 46
misrepresentation, or bribery in securing any 47
license issued pursuant to sections 301.550 to 48
301.580; 49
(5) Obtaining or attempting to obtain any 50
money, commission, fee, barter, exchange, or 51
other compensation by fraud, deception, or 52
misrepresentation; 53
(6) Violation of, or assisting or enabling 54
any person to violate any provisions of this 55
chapter and chapters 143, 144, 306, 307, 407, 56
578, and 643 or of any lawful rule or regulation 57
adopted pursuant to this chapter and chapters 58
143, 144, 306, 307, 407, 578, and 643; 59
(7) The applicant or license holder has 60
filed an application for a license which, as of 61
its effective date, was incomplete in any 62
material respect or contained any statement 63
which was, in light of the circumstances under 64
which it was made, false or misleading with 65
respect to any material fact; 66
(8) The applicant or license holder has 67
failed to pay the proper application or license 68
fee or other fees required pursuant to this 69
chapter or chapter 306 or fails to establish or 70
maintain a bona fide place of business; 71
(9) Uses or permits the use of any special 72
license or license plate assigned to the license 73
holder for any purpose other than those 74
permitted by law; 75
(10) The applicant or license holder is 76
finally adjudged insane or incompetent by a 77
court of competent jurisdiction; 78
(11) Use of any advertisement or 79
solicitation which is false; 80
(12) Violations of sections 407.511 to 81
407.556, section 578.120, which resulted in a 82
conviction or finding of guilt or violation of 83
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any federal motor vehicle laws which result in a 84
conviction or finding of guilt. 85
3. Any such complaint shall be filed 86
within one year of the date upon which the 87
department receives notice of an alleged 88
violation of an applicable statute or 89
regulation. After the filing of such complaint, 90
the proceedings shall, except for the matters 91
set forth in subsection 5 of this section, be 92
conducted in accordance with the provisions of 93
chapter 621. Upon a finding by the 94
administrative hearing commission that the 95
grounds, provided in subsection 2 of this 96
section, for disciplinary action are met, the 97
department may, singly or in combination, refuse 98
to issue the person a license, issue a license 99
for a period of less than two years, issue a 100
private reprimand, place the person on probation 101
on such terms and conditions as the department 102
deems appropriate for a period of one day to 103
five years, suspend the person's license from 104
one day to six days, or revoke the person's 105
license for such period as the department deems 106
appropriate. The applicant or licensee shall 107
have the right to appeal the decision of the 108
administrative hearing commission and department 109
in the manner provided in chapter 536. 110
4. Upon the suspension or revocation of 111
any person's license issued under sections 112
301.550 to 301.580, the department shall recall 113
any distinctive number plates that were issued 114
to that licensee. If any licensee who has been 115
suspended or revoked shall neglect or refuse to 116
surrender his or her license or distinctive 117
number license plates issued under sections 118
301.550 to 301.580, the director shall direct 119
any agent or employee of the department or any 120
law enforcement officer, to secure possession 121
thereof and return such items to the director. 122
For purposes of this subsection, a "law 123
enforcement officer" means any member of the 124
highway patrol, any sheriff or deputy sheriff, 125
or any peace officer certified under chapter 590 126
acting in his or her official capacity. Failure 127
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of the licensee to surrender his or her license 128
or distinctive number license plates upon demand 129
by the director, any agent or employee of the 130
department, or any law enforcement officer shall 131
be a class A misdemeanor. 132
5. Notwithstanding the foregoing 133
provisions of this section, the following events 134
or acts by the holder of any license issued 135
under sections 301.550 to 301.580 are deemed to 136
present a clear and present danger to the public 137
welfare and shall be considered cause for 138
suspension or revocation of such license under 139
the procedure set forth in subsection 6 of this 140
section, at the discretion of the director: 141
(1) The expiration or revocation of any 142
corporate surety bond or irrevocable letter of 143
credit, as required by section 301.560, without 144
submission of a replacement bond or letter of 145
credit which provides coverage for the entire 146
period of licensure; 147
(2) The failure to maintain a bona fide 148
established place of business as required by 149
section 301.560; 150
(3) Criminal convictions as set forth in 151
subdivision (3) of subsection 2 of this section; 152
or 153
(4) Three or more occurrences of 154
violations which have been established following 155
proceedings before the administrative hearing 156
commission under subsection 3 of this section, 157
or which have been established following 158
proceedings before the director under subsection 159
6 of this section, of this chapter and chapters 160
143, 144, 306, 307, 578, and 643 or of any 161
lawful rule or regulation adopted under this 162
chapter and chapters 143, 144, 306, 307, 578, 163
and 643, not previously set forth herein. 164
6. (1) Any license issued under sections 165
301.550 to 301.580 may be suspended or revoked, 166
following an evidentiary hearing before the 167
director or his or her designated hearing 168
officer, if affidavits or sworn testimony by an 169
authorized agent of the department alleges the 170
SB 1056 166
occurrence of any of the events or acts 171
described in subsection 5 of this section. 172
(2) For any license which the department 173
believes may be subject to suspension or 174
revocation under this subsection, the director 175
shall immediately issue a notice of hearing to 176
the licensee of record. The director's notice 177
of hearing: 178
(a) Shall be served upon the licensee 179
personally or by first class mail to the 180
dealer's last known address, as registered with 181
the director; 182
(b) Shall be based on affidavits or sworn 183
testimony presented to the director, and shall 184
notify the licensee that such information 185
presented therein constitutes cause to suspend 186
or revoke the licensee's license; 187
(c) Shall provide the licensee with a 188
minimum of ten days' notice prior to hearing; 189
(d) Shall specify the events or acts which 190
may provide cause for suspension or revocation 191
of the license, and shall include with the 192
notice a copy of all affidavits, sworn testimony 193
or other information presented to the director 194
which support discipline of the license; and 195
(e) Shall inform the licensee that he or 196
she has the right to attend the hearing and 197
present any evidence in his or her defense, 198
including evidence to show that the event or act 199
which may result in suspension or revocation has 200
been corrected to the director's satisfaction, 201
and that he or she may be represented by counsel 202
at the hearing. 203
(3) At any hearing before the director 204
conducted under this subsection, the director or 205
his or her designated hearing officer shall 206
consider all evidence relevant to the issue of 207
whether the license should be suspended or 208
revoked due to the occurrence of any of the acts 209
set forth in subsection 5 herein. Within twenty 210
business days after such hearing, the director 211
or his or her designated hearing officer shall 212
issue a written order, with findings of fact and 213
conclusions of law, which either grants or 214
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denies the issuance of an order of suspension or 215
revocation. The suspension or revocation shall 216
be effective ten days after the date of the 217
order. The written order of the director or his 218
or her hearing officer shall be the final 219
decision of the director and shall be subject to 220
judicial review under the provisions of chapter 221
536. 222
(4) Notwithstanding the provisions of this 223
chapter or chapter 610 or 621 to the contrary, 224
the proceedings under this subsection shall be 225
closed and no order shall be made public until 226
it is final, for purposes of appeal. 227
7. In lieu of acting under subsection 2 or 228
6 of this section, the department of revenue may 229
enter into an agreement with the holder of the 230
license to ensure future compliance with 231
sections 301.210, 301.213, 307.380, sections 232
301.217 to 301.229, and sections 301.550 to 233
301.580. Such agreement may include an 234
assessment fee not to exceed five hundred 235
dollars per violation or five thousand dollars 236
in the aggregate unless otherwise permitted by 237
law, probation terms and conditions, and other 238
requirements as may be deemed appropriate by the 239
department of revenue and the holder of the 240
license. Any fees collected by the department 241
of revenue under this subsection shall be 242
deposited into the motor vehicle commission fund 243
created in section 301.560.] 244
[301.563. 1. The department or its 1
designated representative may issue process, 2
subpoena witnesses, administer oaths, examine 3
books and papers, and require the production 4
thereof, and cause the deposition of any witness 5
to be taken and the costs thereof paid as other 6
costs under sections 301.550 to 301.580. Any 7
party may process to compel the attendance of 8
witnesses and the production of books and 9
papers, and at his own cost to take and use 10
depositions in like manner as in civil cases in 11
the circuit court. The subpoena shall extend to 12
all parts of the state, and may be served as in 13
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civil actions in the circuit court, but the 14
costs of the service shall be as in other civil 15
actions. Each witness shall receive the fees 16
and mileage prescribed by law in civil cases, 17
but the same shall not be allowed as costs to 18
the party in whose behalf the witness was 19
summoned unless the person who conducts the 20
hearing certifies that the testimony of the 21
witness was necessary. All costs under this 22
section shall be approved by the department and 23
paid out of the Missouri motor vehicle 24
commission fund established in section 301.560, 25
except that if the department determines that 26
any proceedings are brought, prosecuted or 27
defended without reasonable ground, it may 28
assess the whole cost of the proceedings upon 29
the party who brought, prosecuted or defended 30
the proceedings. 31
2. If any person subpoenaed to appear at 32
any hearing or proceeding fails to obey the 33
command of such subpoena without reasonable 34
cause or if any person attending a hearing or 35
proceeding shall, without reasonable cause, 36
refuse to be sworn or to be examined or to 37
answer a question or to produce a book or paper 38
or to subscribe or swear to his deposition, such 39
person is guilty of a class B misdemeanor and on 40
conviction thereof shall be punished by a fine 41
of not more than five hundred dollars, or by 42
imprisonment in the county jail for not more 43
than one year, or by both such fine and 44
imprisonment, and in the case of a continuing 45
violation, each day's continuance thereof shall 46
be a separate and distinct offense.] 47
[301.564. 1. Any person or his agent 1
licensed or registered as a manufacturer, motor 2
vehicle dealer, wholesale motor vehicle dealer, 3
boat dealer, wholesale motor vehicle auction or 4
a public motor vehicle auction pursuant to the 5
provisions of sections 301.550 to 301.580 shall 6
permit an employee of the department of revenue 7
or any law enforcement official to inspect, 8
during normal business hours, any of the 9
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following documents which are in his possession 10
or under his custody or control: 11
(1) Any title to any motor vehicle or 12
vessel; 13
(2) Any application for title to any motor 14
vehicle or vessel; 15
(3) Any affidavit provided pursuant to 16
sections 301.550 to 301.580 or chapter 407; 17
(4) Any assignment of title to any motor 18
vehicle or vessel; 19
(5) Any disclosure statement or other 20
document relating to mileage or odometer 21
readings required by the laws of the United 22
States or any other state; 23
(6) Any inventory and related 24
documentation. 25
2. For purposes of this section, the term 26
"law enforcement official" shall mean any of the 27
following: 28
(1) Attorney general, or any person 29
designated by him to make such an inspection; 30
(2) Any prosecuting attorney or any person 31
designated by a prosecuting attorney to make 32
such an inspection; 33
(3) Any member or authorized or designated 34
employee of the Missouri state highway patrol; 35
(4) Any sheriff or deputy sheriff; 36
(5) Any peace officer certified pursuant 37
to chapter 590 acting in his official capacity.] 38
[301.565. 1. Upon application by the 1
department, and the necessary burden having been 2
met, a court of general jurisdiction may grant 3
an injunction, restraining order or other order 4
as may be appropriate to enjoin a person from: 5
(1) Offering to engage or engaging in the 6
performance of any acts or practices for which a 7
license is required under the provisions of this 8
chapter, upon a showing that such acts or 9
practices were performed or offered to be 10
performed without a license; or 11
(2) Violating any provision of this 12
chapter, any rule promulgated by the department 13
pursuant to this chapter, subsection 1 of 14
SB 1056 170
section 307.350, sections 407.511 to 407.556, or 15
section 578.120. 16
2. Any action brought under this section 17
shall be in addition to and not in lieu of any 18
remedy provided by this chapter and may be 19
brought concurrently with other actions to 20
enforce this chapter.] 21
[301.566. 1. Except as provided in this 1
section, it shall be unlawful for a motor 2
vehicle dealer to sell or offer to sell any 3
motor vehicle away from the dealer's registered 4
place of business. It shall not be a violation 5
of this section for a motor vehicle dealer to 6
deliver a motor vehicle to a customer for a test 7
drive away from the dealer's registered place of 8
business; deliver documents to a customer to 9
sign away from the dealer's registered place of 10
business; deliver documents to, or obtain 11
documents from, a customer away from the 12
dealer's registered place of business; or 13
deliver a motor vehicle to a customer away from 14
the dealer's registered place of business. 15
2. The sale of vehicles at off-site sales 16
shall be limited to sales by a seller of 17
vehicles used and titled solely in its ordinary 18
course of business, and such sales shall be held 19
in conjunction with a credit union and limited 20
to members of the credit union, thus 21
constituting a private sale to be advertised to 22
members only. 23
3. Off-site sales by a seller of vehicles 24
used and titled solely in its ordinary course of 25
business may also be held in conjunction with 26
other financial institutions provided that any 27
such sale event shall be held on the premises of 28
the financial institution, and sales shall be 29
limited to persons who were customers of the 30
financial institution prior to the date of the 31
sale event. Off-site sales held with such other 32
financial institutions shall be limited to one 33
sale per year per institution. 34
4. A motor vehicle dealer may participate 35
in up to two off-premise motor vehicle shows or 36
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sales annually and conduct sales of motor 37
vehicles away from the dealer's registered place 38
of business, which for purposes of this section 39
shall be considered off-premise events provided 40
the following: 41
(1) The off-premise event shall be 42
conducted for not more than five consecutive 43
days; 44
(2) The off-premise event shall not 45
require any motor vehicle dealer participant to 46
pay an unreasonably prohibitive participation 47
fee: 48
(a) Participation fees may include those 49
costs reasonably necessary for the off-premise 50
event such as rental of real property and 51
provision of insurance coverage; 52
(b) If a participation fee is required, 53
the fee shall be the same for all motor vehicle 54
dealers participating in the event, but in no 55
event shall any participation fee exceed five 56
hundred dollars per participant; 57
(3) A majority of motor vehicle dealers 58
within a class of dealers described in 59
subsection 3 of section 301.550 that are located 60
within the city or town in which the off-premise 61
event is situated participate in the event or 62
are notified via mail or electronic means and 63
have the opportunity to participate in the event; 64
(4) A majority of motor vehicle dealers 65
within a class of dealers described in 66
subsection 3 of section 301.550 that are located 67
within a ten-mile radius of the location of the 68
off-premise event participate in the event or 69
are notified via mail or electronic means and 70
have the opportunity to participate in the event; 71
(5) Notices provided pursuant to 72
subdivisions (3) and (4) of this subsection 73
shall be provided not less than forty-five days 74
before the off-premise event is to take place 75
and invited dealers shall be given at least five 76
business days to respond to the notice; 77
(6) The organizer of the off-premise event 78
shall provide a copy of the notices issued 79
pursuant to subdivisions (3) and (4) of this 80
SB 1056 172
subsection to the director at the time they are 81
mailed or electronically transmitted to the 82
prospective participants; and 83
(7) No motor vehicle dealer shall 84
participate in any off-premise event that is 85
more than ten miles from its licensed location. 86
5. Provided the requirements of this 87
section are met, the department shall consider 88
such events to be proper in all respects and as 89
if each dealer participant was conducting 90
business at the dealer's usual business 91
location. Nothing contained in this section 92
shall be construed as applying to the sale of 93
motor vehicles or trailers through either a 94
wholesale motor vehicle auction or public motor 95
vehicle auction. A recreational motor vehicle 96
dealer, as classified by subdivision (5) of 97
subsection 3 of section 301.550, may participate 98
in an off-premise event even if a majority of 99
recreational motor vehicle dealers in a city or 100
town do not participate in the event. 101
6. A recreational vehicle dealer, as that 102
term is defined in section 700.010, who is 103
licensed in another state may participate in 104
recreational vehicle shows or exhibits with 105
recreational vehicles within this state in which 106
less than fifty dealers participate as 107
exhibitors with permission of the dealer's 108
licensed manufacturer if all of the following 109
conditions exist: 110
(1) The show or exhibition has a minimum 111
of ten recreational vehicle dealers licensed as 112
motor vehicle dealers in this state; 113
(2) More than fifty percent of the 114
participating recreational vehicle dealers are 115
licensed motor vehicle dealers in this state; and 116
(3) The state in which the recreational 117
vehicle is licensed is a state contiguous to 118
Missouri and the state permits recreational 119
vehicle dealers licensed in Missouri to 120
participate in recreational vehicle shows in 121
such state pursuant to conditions substantially 122
equivalent to the conditions which are imposed 123
SB 1056 173
on dealers from such state who participate in 124
recreational vehicle shows in Missouri. 125
7. A recreational vehicle dealer licensed 126
in another state may participate in a vehicle 127
show or exhibition in Missouri which has, when 128
it opens to the public, at least fifty dealers 129
displaying recreational vehicles if the show or 130
exhibition is trade-oriented and is 131
predominantly funded by recreational vehicle 132
manufacturers. All of the participating dealers 133
who are not licensed in Missouri shall be 134
licensed as recreational vehicle dealers by the 135
state of their residence. 136
8. A recreational vehicle dealer licensed 137
in another state who intends to participate in a 138
vehicle show or exhibition in this state shall 139
send written notification of such intended 140
participation to the department of revenue at 141
least thirty days prior to the vehicle show or 142
exhibition. Upon receipt of such written 143
notification, the department of revenue shall 144
make a determination regarding compliance with 145
the provisions of this section. If such 146
recreational vehicle dealer would be unable to 147
participate in the vehicle show or exhibition in 148
this state pursuant to this section, the 149
department of revenue shall notify the 150
recreational vehicle dealer at least fifteen 151
days prior to the vehicle show or exhibition of 152
the inability to participate in the vehicle show 153
or exhibition in this state. 154
9. The department may assess a fine of up 155
to one thousand dollars for the off-premise sale 156
or display of any motor vehicle in violation of 157
this section.] 158
[301.567. 1. For purposes of this 1
section, a violation of any of the following 2
advertising standards shall be deemed an attempt 3
by the advertising dealer to obtain a fee or 4
other compensation by fraud, deception or 5
misrepresentation in violation of section 6
301.562: 7
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(1) A motor vehicle shall not be 8
advertised as new, either by express terms or 9
implication, unless it is a new motor vehicle as 10
defined in section 301.550; 11
(2) When advertising any motor vehicle 12
which is not a new motor vehicle, such 13
advertisement must expressly identify that the 14
motor vehicle is a used motor vehicle by express 15
use of the term "used", or by such other term as 16
is commonly understood to mean that the vehicle 17
is used; 18
(3) Any terms, conditions, and disclaimers 19
relating to the advertised motor vehicle's price 20
or financing options shall be stated clearly and 21
conspicuously. An asterisk or other reference 22
symbol may be used to point to a disclaimer or 23
other information, but not be used as a means of 24
contradicting or changing the meaning of an 25
advertised statement; 26
(4) The expiration date, if any, of an 27
advertised sale or vehicle price shall be 28
clearly and conspicuously disclosed. In the 29
absence of such disclosure, the advertised sale 30
or vehicle price shall be deemed effective so 31
long as such vehicles remain in the advertising 32
dealership's inventory; 33
(5) The terms "list price", "sticker 34
price", or "suggested retail price" shall be 35
used only in reference to the manufacturer's 36
suggested retail price for new motor vehicles, 37
and, if used, shall be accompanied by a clear 38
and conspicuous disclosure that such terms 39
represent the manufacturer's suggested retail 40
price of the advertised vehicle; 41
(6) Terms such as "at cost", "$______ 42
above cost", "invoice price", and "$______ 43
below/over invoice" shall not be used in 44
advertisements because of the difficulty in 45
determining a dealer's actual net cost at the 46
time of the sale; 47
(7) When the price or financing terms of a 48
motor vehicle are advertised, the vehicle shall 49
be fully identified as to year, make, and 50
model. In addition, in advertisements placed by 51
SB 1056 175
individual dealers and not line-make marketing 52
groups, the advertised price or credit terms 53
shall include all charges which the buyer must 54
pay to the dealer, except buyer-selected options 55
and state and local taxes. If a processing fee 56
or freight or destination charges are not 57
included in the advertised price, the amount of 58
any such processing fee and freight or 59
destination charge must be clearly and 60
conspicuously disclosed within the advertisement; 61
(8) Advertisements of dealer rebates shall 62
not be used, however, this shall not be deemed 63
to prohibit the advertising of manufacturer 64
rebates, so long as all material terms of such 65
rebates are clearly and conspicuously disclosed; 66
(9) "Free" or "at no cost" shall not be 67
used if any purchase is required to qualify for 68
the free item, merchandise, or service; 69
(10) Bait advertising, in which an 70
advertiser may have no intention to sell at the 71
prices or terms advertised, shall not be used. 72
Bait advertising shall include, but not be 73
limited to, the following examples: 74
(a) Not having available for sale the 75
advertised motor vehicles at the advertised 76
prices. If a specific vehicle is advertised, 77
the dealer shall be in possession of a 78
reasonable supply of such vehicles, and they 79
shall be available at the advertised price. If 80
the advertised vehicle is available only in 81
limited numbers or only by order, such 82
limitations shall be stated in the advertisement; 83
(b) Advertising a motor vehicle at a 84
specified price, including such terms as "as low 85
as $______", but having available for sale only 86
vehicles equipped with dealer-added cost options 87
which increase the selling price above the 88
advertised price; 89
(11) Any reference to monthly payments, 90
down payments, or other reference to financing 91
or leasing information shall be accompanied by a 92
clear and conspicuous disclosure of the 93
following: 94
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(a) Whether the payment or other 95
information relates to a financing or a lease 96
transaction; 97
(b) If the payment or other information 98
relates to a financing transaction, the minimum 99
down payment, annual percentage interest rate, 100
and number of payments necessary to obtain the 101
advertised payment amount must be disclosed, in 102
addition to any special qualifications required 103
for obtaining the advertised terms including, 104
but not limited to, first-time buyer discounts, 105
college graduate discounts, and a statement 106
concerning whether the advertised terms are 107
subject to credit approval; 108
(c) If the payment or other information 109
relates to a lease transaction, the total amount 110
due from the purchaser at signing with such 111
costs broken down and identified by category, 112
lease term expressed in number of months, 113
whether the lease is closed-end or open-end, and 114
total cost to the lessee over the lease term in 115
dollars; 116
(12) Any advertisement which states or 117
implies that the advertising dealer has a 118
special arrangement or relationship with the 119
distributor or manufacturer, as compared to 120
similarly situated dealers, shall not be used; 121
(13) Any advertisement which, in the 122
circumstances under which it is made or applied, 123
is false, deceptive, or misleading shall not be 124
used; 125
(14) No abbreviations for industry words 126
or phrases shall be used in any advertisement 127
unless such abbreviations are accompanied by the 128
fully spelled or spoken words or phrases. 129
2. The requirements of this section shall 130
apply regardless of whether a dealer advertises 131
by means of print, broadcast, or electronic 132
media, or direct mail. If the advertisement is 133
by means of a broadcast or print media, a dealer 134
may provide the disclaimers and disclosures 135
required under subdivision (3) of subsection 1 136
of this section by reference to an internet web 137
SB 1056 177
page or toll-free telephone number containing 138
the information required to be disclosed. 139
3. Dealers shall clearly and conspicuously 140
identify themselves in each advertisement by use 141
of a dealership name which complies with 142
subsection 6 of section 301.560.] 143
[301.568. New motor vehicles may be 1
exchanged for resale from one new motor vehicle 2
franchise dealer to another who is franchised to 3
sell the same make of new motor vehicles by 4
assignment of the manufacturer's statement of 5
origin. Such exchange shall not be deemed to be 6
a sale and shall not require the motor vehicle 7
dealer to register and make application for a 8
certificate of ownership as set out in this 9
chapter. However, when an exchange by 10
assignment of the manufacturer's statement of 11
origin is between a new motor vehicle franchise 12
dealer and another motor vehicle dealer who has 13
a franchise for a different make of motor 14
vehicle or a motor vehicle dealer who is not a 15
new motor vehicle franchise dealer, the 16
transaction shall be deemed a sale and shall 17
void the resale of that motor vehicle as a new 18
motor vehicle, and it shall be unlawful for any 19
motor vehicle dealer to hold forth, offer for 20
sale, advertise or sell such motor vehicle as a 21
new motor vehicle. A motor vehicle dealer shall 22
not assign ownership on any vehicle in a retail 23
sale by the assignment of a manufacturer's 24
statement of origin unless he is franchised by 25
the manufacturer to sell that particular make of 26
vehicle; however, this provision shall not take 27
effect if the motor vehicle dealer and the 28
manufacturer are in the process of negotiating a 29
new franchise agreement, or the motor vehicle 30
dealer has filed a timely protest to the 31
manufacturer or appealed under section 407.825 32
of the motor vehicle franchise practices act. 33
The provisions of this section shall not apply 34
to mobile homes or trailers.] 35
[301.569. 1. An out-of-state show 1
promoter of recreational vehicles, as that term 2
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is defined in section 700.010, may hold 3
recreational vehicle shows or exhibits with 4
recreational vehicles within this state if the 5
following conditions exist: 6
(1) The show or exhibition has a minimum 7
of ten recreational vehicle dealers licensed as 8
motor vehicle dealers in this state; and 9
(2) More than fifty percent of the 10
participating recreational vehicle dealers are 11
licensed motor vehicle dealers in this state. 12
2. A violation of subsection 1 of this 13
section shall result in a five thousand dollar 14
fine.] 15
[301.570. 1. It shall be unlawful for any 1
person, partnership, corporation, company or 2
association, unless the seller is a financial 3
institution, or is selling repossessed motor 4
vehicles or is disposing of vehicles used and 5
titled solely in its ordinary course of business 6
or is a collector of antique motor vehicles, to 7
sell or display with an intent to sell six or 8
more motor vehicles in a calendar year, except 9
when such motor vehicles are registered in the 10
name of the seller, unless such person, 11
partnership, corporation, company or association 12
is: 13
(1) Licensed as a motor vehicle dealer by 14
the department under the provisions of sections 15
301.550 to 301.580; 16
(2) Exempt from licensure as a motor 17
vehicle dealer pursuant to subsection 4 of 18
section 301.559; 19
(3) Selling commercial motor vehicles with 20
a gross weight of at least nineteen thousand 21
five hundred pounds, but only with respect to 22
such commercial motor vehicles; 23
(4) An auctioneer, acting at the request 24
of the owner at an auction, when such auction is 25
not a public motor vehicle auction. 26
2. Any person, partnership, corporation, 27
company or association that has reason to 28
believe that the provisions of this section are 29
being violated shall file a complaint with the 30
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prosecuting attorney in the county in which the 31
violation occurred. The prosecuting attorney 32
shall investigate the complaint and take 33
appropriate action. 34
3. For the purposes of sections 301.550 to 35
301.580, the sale, barter, exchange, lease or 36
rental with option to purchase of six or more 37
motor vehicles in a calendar year by any person, 38
partnership, corporation, company or 39
association, whether or not the motor vehicles 40
are owned by them, shall be prima facie evidence 41
of intent to make a profit or gain of money and 42
such person, partnership, corporation, company 43
or association shall be deemed to be acting as a 44
motor vehicle dealer without a license. 45
4. Any person, partnership, corporation, 46
company or association who violates subsection 1 47
of this section is guilty of a class A 48
misdemeanor. A second or subsequent conviction 49
shall be deemed a class E felony. 50
5. The provisions of this section shall 51
not apply to liquidation of an estate.] 52
[301.571. 1. For purposes of this 1
section, the following terms mean: 2
(1) "Mobility motor vehicle", a motor 3
vehicle that is designed and equipped to 4
transport a person with a disability and: 5
(a) Contains a lowered floor or lowered 6
frame, or a raised roof and/or raised door; 7
(b) Contains an electronic or mechanical 8
wheelchair, scooter, or platform lift that 9
enables a person to enter or exit the vehicle 10
while occupying a wheelchair or scooter; an 11
electronic or mechanical wheelchair ramp; or a 12
system to secure a wheelchair or scooter to 13
allow for a person to be safely transported 14
while occupying the wheelchair or scooter; and 15
(c) Is installed as an integral part or 16
permanent attachment to the motor vehicle 17
chassis; 18
(2) "Mobility motor vehicle dealer", a 19
dealer who is licensed as a new or used motor 20
vehicle dealer under this chapter who is engaged 21
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in the business of buying, selling, or 22
exchanging mobility motor vehicles and servicing 23
or repairing mobility motor vehicles at an 24
established and permanent place of business. 25
2. Notwithstanding any other law, a 26
mobility motor vehicle dealer may: 27
(1) Purchase or otherwise acquire a new 28
motor vehicle from a franchised dealer to fit or 29
equip the motor vehicle for retail sale as a 30
mobility motor vehicle from a franchised dealer 31
wherever located; 32
(2) Display a new motor vehicle to a 33
person with a disability to fit or equip the 34
vehicle as a mobility motor vehicle for the 35
person; or 36
(3) Sell a new motor vehicle that has been 37
fitted or equipped as a new mobility motor 38
vehicle with the resale occurring through or by 39
a franchised dealer. 40
3. A mobility motor vehicle dealer who 41
purchased or acquired a new motor vehicle from a 42
franchised dealer to equip the vehicle as a 43
mobility vehicle shall not advertise the vehicle 44
for resale until the vehicle is fitted or 45
equipped as a mobility motor vehicle. 46
4. A mobility motor vehicle dealer shall 47
not, except as permitted by subdivision (2) of 48
subsection 2 of this section, display or offer 49
to display a new motor vehicle that is not a 50
mobility motor vehicle to the public.] 51
[301.573. The department may review all 1
title designations. Any designation described 2
in section 301.190 or 301.227, placed on a 3
certificate of ownership or certificate of title 4
issued pursuant to section 301.190 or 301.227, 5
shall remain on the certificate of ownership or 6
title, and any and all subsequent certificates 7
of ownership or title issued for that vehicle 8
shall carry such designation on the face of such 9
certificates of ownership or title.] 10
[301.576. A motor vehicle dealer, as 1
defined in section 301.550, and the dealer's 2
owners, shareholders, officers, employees, and 3
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agents who, in conjunction with the actual or 4
potential sale or lease of a motor vehicle, 5
arrange to provide, actually provide, or 6
otherwise make available to a vehicle purchaser, 7
lessee, or other person any third-party motor 8
vehicle history report shall not be liable to 9
the vehicle purchaser, lessee, or other person 10
for any errors, omissions, or other inaccuracies 11
contained in the third-party motor vehicle 12
history report that are not based on information 13
provided directly to the preparer of the third- 14
party motor vehicle history report by that 15
dealer. For purposes of this section, a "third- 16
party motor vehicle report" means any 17
information prepared by a party other than the 18
dealer relating to any one or more of the 19
following: vehicle ownership or titling history; 20
liens on the vehicle; vehicle service, 21
maintenance, or repair history; vehicle 22
condition; or vehicle accident or collision 23
history. This section shall not apply in the 24
case of any dealer having actual knowledge about 25
a vehicle's accident, salvage, or service 26
history which is different from, or not 27
disclosed on, any third-party motor vehicle 28
report.] 29
[301.580. 1. The department of revenue 1
may issue special event motor vehicle auction 2
licenses under the provisions of this section. 3
For purposes of this section, a "special event 4
motor vehicle auction" is a motor vehicle 5
auction which: 6
(1) Ninety percent of the vehicles being 7
auctioned are at least ten years old or older; 8
(2) The licensee shall auction no more 9
than three percent of the total number of 10
vehicles presented for auction which are owned 11
and titled in the name of the licensee or its 12
owners; and 13
(3) The duration is no more than three 14
consecutive calendar days and is held no more 15
than three times in a calendar year by a 16
licensee. 17
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2. A special event motor vehicle auction 18
shall be considered a public motor vehicle 19
auction for purposes of sections 301.559 and 20
301.564. 21
3. Special event motor vehicle auction 22
licensees shall be exempt from the requirements 23
of section 301.560, with the exception of 24
subdivision (4) of subsection 1 of section 25
301.560. 26
4. An application for a special event 27
motor vehicle auction license must be received 28
by the department at least ninety days prior to 29
the beginning of the special event auction. 30
5. Applicants for a special motor vehicle 31
auction are limited to no more than three 32
special event auctions in any calendar year. A 33
separate application is required for each 34
special event motor vehicle auction. 35
6. At least ninety percent of the vehicles 36
being auctioned at a special event motor vehicle 37
auction shall be ten years old or older. The 38
licensee shall, within ten days of the 39
conclusion of a special event motor vehicle 40
auction, submit a report in the form approved by 41
the director to the department that includes the 42
make, model, year, and vehicle identification 43
number of each vehicle included in the auction. 44
Every vehicle included in the special event 45
auction shall be listed, including those 46
vehicles that were auctioned and sold and those 47
vehicles that were auctioned but did not sell. 48
Violation of this subsection is a class A 49
misdemeanor. 50
7. The applicant for the special event 51
motor vehicle auction shall be responsible for 52
ensuring that a sales tax license or special 53
event sales tax license is obtained for the 54
event if one is required. 55
8. The fee for a special event motor 56
vehicle auction license shall be one thousand 57
dollars. For every vehicle auctioned in 58
violation of subsection 6 of this section, an 59
administrative fee of five hundred dollars shall 60
be paid to the department. Such fees shall be 61
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deposited in like manner as other license fees 62
of this section. 63
9. In addition to the causes set forth in 64
section 301.562, the department may promulgate 65
rules that establish additional causes to refuse 66
to issue or to revoke a special event license. 67
10. A special motor vehicle auction shall 68
last no more than three consecutive days. 69
11. The applicant for a special event 70
motor vehicle auction shall be registered to 71
conduct business in this state. 72
12. Every applicant for a special event 73
motor vehicle auction license shall furnish with 74
the application a corporate surety bond or an 75
irrevocable letter of credit as defined in 76
section 400.5-102 issued by any state or federal 77
financial institution in the penal sum of one 78
hundred thousand dollars on a form approved by 79
the department. The bond or irrevocable letter 80
of credit shall be conditioned upon the 81
applicant complying with the provisions of the 82
statutes applicable to a special event auction 83
license holder and the bond shall be an 84
indemnity for any loss sustained by reason of 85
the acts of the person bonded when such acts 86
constitute grounds for the revocation or denial 87
of a special event auction license. The bond 88
shall be executed in the name of the state of 89
Missouri for the benefit of all aggrieved 90
parties or the irrevocable letter of credit 91
shall name the state of Missouri as the 92
beneficiary. The aggregate liability of the 93
surety or financial institution to the aggrieved 94
parties shall not exceed the amount of the bond 95
or irrevocable letter of credit. The proceeds 96
of the bond or irrevocable letter of credit 97
shall be paid upon receipt by the department of 98
a final judgment from a Missouri court of 99
competent jurisdiction against the principal and 100
in favor of an aggrieved party. 101
13. No dealer, driveaway, auction, or 102
wholesale plates, or temporary permit booklets, 103
shall be issued in conjunction with a special 104
event motor vehicle auction license. 105
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14. Any person or entity who sells a 106
vehicle at a special event motor vehicle auction 107
shall provide, to the buyer, current contact 108
information including, but not limited to, name, 109
address, and telephone number. 110
15. Any rule or portion of a rule, as that 111
term is defined in section 536.010, that is 112
created under the authority delegated in this 113
section shall become effective only if it 114
complies with and is subject to all of the 115
provisions of chapter 536 and, if applicable, 116
section 536.028. This section and chapter 536 117
are nonseverable and if any of the powers vested 118
with the general assembly pursuant to chapter 119
536 to review, to delay the effective date, or 120
to disapprove and annul a rule are subsequently 121
held unconstitutional, then the grant of 122
rulemaking authority and any rule proposed or 123
adopted after August 28, 2012, shall be invalid 124
and void.] 125
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