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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. 1430
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR HENDERSON.
6019S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 301.010, 301.218, 301.225, 407.300, and 407.303, RSMo, and to enact in lieu
thereof eight new sections relating to regulation of certain metals with penalty
provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 301.010, 301.218, 301.225, 407.300, 1
and 407.303, RSMo, are repealed and eight new sections enacted 2
in lieu thereof, to be known as sections 301.010, 301.218, 3
301.225, 407.298, 407.299, 407.300, 407.303, and 407.304, to 4
read as follows:5
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
(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
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(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
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
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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
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
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(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
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
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(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
(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
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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
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
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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
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
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(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) "Metal recycling entity" or "scrap metal yard", 212
any business that is predominantly engaged in: 213
(a) Performing the manufacturing process by which 214
scrap, used, or obsolete ferrous or nonferrous metal is 215
converted into raw material products consisting of prepared 216
grades and having an existing or potential economic value, 217
by a method that in part requires the use of powered tools 218
and equipment, including processes that involve processing, 219
sorting, cutting, classifying, cleaning, baling, wrapping, 220
shredding, shearing, or changing the physical form of that 221
metal; 222
(b) The use of raw material products described under 223
paragraph (a) of this subdivision in the manufacture of 224
producer or consumer goods; or 225
(c) Purchasing or otherwise acquiring scrap, used, or 226
obsolete ferrous or nonferrous metals to be used as 227
described in paragraphs (a) or (b) of this subdivision; 228
(36) "Motor change vehicle", a vehicle manufactured 229
prior to August, 1957, which receives a new, rebuilt or used 230
engine, and which used the number stamped on the original 231
engine as the vehicle identification number; 232
[(36)] (37) "Motor vehicle", any self-propelled 233
vehicle not operated exclusively upon tracks, except farm 234
tractors and electric bicycles; 235
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[(37)] (38) "Motor vehicle primarily for business 236
use", any vehicle other than a recreational motor vehicle, 237
motorcycle, motortricycle, or any commercial motor vehicle 238
licensed for over twelve thousand pounds: 239
(a) Offered for hire or lease; or 240
(b) The owner of which also owns ten or more such 241
motor vehicles; 242
[(38)] (39) "Motorcycle", a motor vehicle operated on 243
two wheels; 244
[(39)] (40) "Motorized bicycle", any two-wheeled or 245
three-wheeled device having an automatic transmission and a 246
motor with a cylinder capacity of not more than fifty cubic 247
centimeters, which produces less than three gross brake 248
horsepower, and is capable of propelling the device at a 249
maximum speed of not more than thirty miles per hour on 250
level ground, but excluding an electric bicycle; 251
[(40)] (41) "Motortricycle", a motor vehicle upon 252
which the operator straddles or sits astride that is 253
designed to be controlled by handle bars and is operated on 254
three wheels, including a motorcycle while operated with any 255
conveyance, temporary or otherwise, requiring the use of a 256
third wheel, but excluding an electric bicycle. A 257
motortricycle shall not be included in the definition of all- 258
terrain vehicle; 259
[(41)] (42) "Municipality", any city, town or village, 260
whether incorporated or not; 261
[(42)] (43) "Nonresident", a resident of a state or 262
country other than the state of Missouri; 263
[(43)] (44) "Non-USA-std motor vehicle", a motor 264
vehicle not originally manufactured in compliance with 265
United States emissions or safety standards; 266
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[(44)] (45) "Operator", any person who operates or 267
drives a motor vehicle; 268
[(45)] (46) "Owner", any person, firm, corporation or 269
association, who holds the legal title to a vehicle or who 270
has executed a buyer's order or retail installment sales 271
contract with a motor vehicle dealer licensed under sections 272
301.550 to 301.580 for the purchase of a vehicle with an 273
immediate right of possession vested in the transferee, or 274
in the event a vehicle is the subject of an agreement for 275
the conditional sale or lease thereof with the right of 276
purchase upon performance of the conditions stated in the 277
agreement and with an immediate right of possession vested 278
in the conditional vendee or lessee, or in the event a 279
mortgagor of a vehicle is entitled to possession, then such 280
conditional vendee or lessee or mortgagor shall be deemed 281
the owner; 282
[(46)] (47) "Public garage", a place of business where 283
motor vehicles are housed, stored, repaired, reconstructed 284
or repainted for persons other than the owners or operators 285
of such place of business; 286
[(47)] (48) "Rebuilder", a business that repairs or 287
rebuilds motor vehicles owned by the rebuilder, but does not 288
include certificated common or contract carriers of persons 289
or property; 290
[(48)] (49) "Reconstructed motor vehicle", a vehicle 291
that is altered from its original construction by the 292
addition or substitution of two or more new or used major 293
component parts, excluding motor vehicles made from all new 294
parts, and new multistage manufactured vehicles; 295
[(49)] (50) "Recreational motor vehicle", any motor 296
vehicle designed, constructed or substantially modified so 297
that it may be used and is used for the purposes of 298
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temporary housing quarters, including therein sleeping and 299
eating facilities which are either permanently attached to 300
the motor vehicle or attached to a unit which is securely 301
attached to the motor vehicle. Nothing herein shall prevent 302
any motor vehicle from being registered as a commercial 303
motor vehicle if the motor vehicle could otherwise be so 304
registered; 305
[(50)] (51) "Recreational off-highway vehicle", any 306
motorized vehicle manufactured and used exclusively for off- 307
highway use which is more than fifty inches but no more than 308
eighty inches in width, measured from outside of tire rim to 309
outside of tire rim, with an unladen dry weight of three 310
thousand five hundred pounds or less, traveling on four or 311
more nonhighway tires and which may have access to ATV 312
trails; 313
[(51)] (52) "Recreational trailer", any trailer 314
designed, constructed, or substantially modified so that it 315
may be used and is used for the purpose of temporary housing 316
quarters, including therein sleeping or eating facilities, 317
which can be temporarily attached to a motor vehicle or 318
attached to a unit which is securely attached to a motor 319
vehicle; 320
[(52)] (53) "Rollback or car carrier", any vehicle 321
specifically designed to transport wrecked, disabled or 322
otherwise inoperable vehicles, when the transportation is 323
directly connected to a wrecker or towing service; 324
[(53)] (54) "Saddlemount combination", a combination 325
of vehicles in which a truck or truck tractor tows one or 326
more trucks or truck tractors, each connected by a saddle to 327
the frame or fifth wheel of the vehicle in front of it. The 328
"saddle" is a mechanism that connects the front axle of the 329
towed vehicle to the frame or fifth wheel of the vehicle in 330
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front and functions like a fifth wheel kingpin connection. 331
When two vehicles are towed in this manner the combination 332
is called a "double saddlemount combination". When three 333
vehicles are towed in this manner, the combination is called 334
a "triple saddlemount combination"; 335
[(54)] (55) "Salvage dealer and dismantler", a 336
business that dismantles used motor vehicles for the sale of 337
the parts thereof, and buys and sells used motor vehicle 338
parts and accessories; 339
[(55)] (56) "Salvage vehicle", a motor vehicle, 340
semitrailer, or house trailer which: 341
(a) Was damaged during a year that is no more than six 342
years after the manufacturer's model year designation for 343
such vehicle to the extent that the total cost of repairs to 344
rebuild or reconstruct the vehicle to its condition 345
immediately before it was damaged for legal operation on the 346
roads or highways exceeds eighty percent of the fair market 347
value of the vehicle immediately preceding the time it was 348
damaged; 349
(b) By reason of condition or circumstance, has been 350
declared salvage, either by its owner, or by a person, firm, 351
corporation, or other legal entity exercising the right of 352
security interest in it; 353
(c) Has been declared salvage by an insurance company 354
as a result of settlement of a claim; 355
(d) Ownership of which is evidenced by a salvage 356
title; or 357
(e) Is abandoned property which is titled pursuant to 358
section 304.155 or section 304.157 and designated with the 359
words "salvage/abandoned property". The total cost of 360
repairs to rebuild or reconstruct the vehicle shall not 361
include the cost of repairing, replacing, or reinstalling 362
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inflatable safety restraints, tires, sound systems, or 363
damage as a result of hail, or any sales tax on parts or 364
materials to rebuild or reconstruct the vehicle. For 365
purposes of this definition, "fair market value" means the 366
retail value of a motor vehicle as: 367
a. Set forth in a current edition of any nationally 368
recognized compilation of retail values, including automated 369
databases, or from publications commonly used by the 370
automotive and insurance industries to establish the values 371
of motor vehicles; 372
b. Determined pursuant to a market survey of 373
comparable vehicles with regard to condition and equipment; 374
and 375
c. Determined by an insurance company using any other 376
procedure recognized by the insurance industry, including 377
market surveys, that is applied by the company in a uniform 378
manner; 379
[(56)] (57) "School bus", any motor vehicle used 380
solely to transport students to or from school or to 381
transport students to or from any place for educational 382
purposes; 383
[(57)] (58) "Scrap processor", a business that, 384
through the use of fixed or mobile equipment, flattens, 385
crushes, or otherwise accepts motor vehicles and vehicle 386
parts for processing or transportation to a shredder or 387
scrap metal operator for recycling; 388
[(58)] (59) "Shuttle bus", a motor vehicle used or 389
maintained by any person, firm, or corporation as an 390
incidental service to transport patrons or customers of the 391
regular business of such person, firm, or corporation to and 392
from the place of business of the person, firm, or 393
corporation providing the service at no fee or charge. 394
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Shuttle buses shall not be registered as buses or as 395
commercial motor vehicles; 396
[(59)] (60) "Special mobile equipment", every self- 397
propelled vehicle not designed or used primarily for the 398
transportation of persons or property and incidentally 399
operated or moved over the highways, including farm 400
equipment, implements of husbandry, road construction or 401
maintenance machinery, ditch-digging apparatus, stone 402
crushers, air compressors, power shovels, cranes, graders, 403
rollers, well-drillers and wood-sawing equipment used for 404
hire, asphalt spreaders, bituminous mixers, bucket loaders, 405
ditchers, leveling graders, finished machines, motor 406
graders, road rollers, scarifiers, earth-moving carryalls, 407
scrapers, drag lines, concrete pump trucks, rock-drilling 408
and earth-moving equipment. This enumeration shall be 409
deemed partial and shall not operate to exclude other such 410
vehicles which are within the general terms of this section; 411
[(60)] (61) "Specially constructed motor vehicle", a 412
motor vehicle which shall not have been originally 413
constructed under a distinctive name, make, model or type by 414
a manufacturer of motor vehicles. The term specially 415
constructed motor vehicle includes kit vehicles; 416
[(61)] (62) "Stinger-steered combination", a truck 417
tractor-semitrailer wherein the fifth wheel is located on a 418
drop frame located behind and below the rearmost axle of the 419
power unit; 420
[(62)] (63) "Tandem axle", a group of two or more 421
axles, arranged one behind another, the distance between the 422
extremes of which is more than forty inches and not more 423
than ninety-six inches apart; 424
[(63)] (64) "Towaway trailer transporter combination", 425
a combination of vehicles consisting of a trailer 426
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transporter towing unit and two trailers or semitrailers, 427
with a total weight that does not exceed twenty-six thousand 428
pounds; and in which the trailers or semitrailers carry no 429
property and constitute inventory property of a 430
manufacturer, distributer, or dealer of such trailers or 431
semitrailers; 432
[(64)] (65) "Tractor", "truck tractor" or "truck- 433
tractor", a self-propelled motor vehicle designed for 434
drawing other vehicles, but not for the carriage of any load 435
when operating independently. When attached to a 436
semitrailer, it supports a part of the weight thereof; 437
[(65)] (66) "Trailer", any vehicle without motive 438
power designed for carrying property or passengers on its 439
own structure and for being drawn by a self-propelled 440
vehicle, except those running exclusively on tracks, 441
including a semitrailer or vehicle of the trailer type so 442
designed and used in conjunction with a self-propelled 443
vehicle that a considerable part of its own weight rests 444
upon and is carried by the towing vehicle. The term trailer 445
shall not include cotton trailers as defined in this section 446
and shall not include manufactured homes as defined in 447
section 700.010; 448
[(66)] (67) "Trailer transporter towing unit", a power 449
unit that is not used to carry property when operating in a 450
towaway trailer transporter combination; 451
[(67)] (68) "Truck", a motor vehicle designed, used, 452
or maintained for the transportation of property; 453
[(68)] (69) "Truck-tractor semitrailer-semitrailer", a 454
combination vehicle in which the two trailing units are 455
connected with a B-train assembly which is a rigid frame 456
extension attached to the rear frame of a first semitrailer 457
which allows for a fifth-wheel connection point for the 458
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second semitrailer and has one less articulation point than 459
the conventional A-dolly connected truck-tractor semitrailer- 460
trailer combination; 461
[(69)] (70) "Truck-trailer boat transporter 462
combination", a boat transporter combination consisting of a 463
straight truck towing a trailer using typically a ball and 464
socket connection with the trailer axle located 465
substantially at the trailer center of gravity rather than 466
the rear of the trailer but so as to maintain a downward 467
force on the trailer tongue; 468
[(70)] (71) "Used parts dealer", a business that buys 469
and sells used motor vehicle parts or accessories, but not 470
including a business that sells only new, remanufactured or 471
rebuilt parts. Business does not include isolated sales at 472
a swap meet of less than three days; 473
[(71)] (72) "Utility vehicle", any motorized vehicle 474
manufactured and used exclusively for off-highway use which 475
is more than fifty inches but no more than eighty inches in 476
width, measured from outside of tire rim to outside of tire 477
rim, with an unladen dry weight of three thousand five 478
hundred pounds or less, traveling on four or six wheels, to 479
be used primarily for landscaping, lawn care, or maintenance 480
purposes; 481
[(72)] (73) "Vanpool", any van or other motor vehicle 482
used or maintained by any person, group, firm, corporation, 483
association, city, county or state agency, or any member 484
thereof, for the transportation of not less than eight nor 485
more than forty-eight employees, per motor vehicle, to and 486
from their place of employment; however, a vanpool shall not 487
be included in the definition of the term bus or commercial 488
motor vehicle as defined in this section, nor shall a 489
vanpool driver be deemed a chauffeur as that term is defined 490
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by section 303.020; nor shall use of a vanpool vehicle for 491
ride-sharing arrangements, recreational, personal, or 492
maintenance uses constitute an unlicensed use of the motor 493
vehicle, unless used for monetary profit other than for use 494
in a ride-sharing arrangement; 495
[(73)] (74) "Vehicle", any mechanical device on 496
wheels, designed primarily for use, or used, on highways, 497
except motorized bicycles, electric bicycles, vehicles 498
propelled or drawn by horses or human power, or vehicles 499
used exclusively on fixed rails or tracks, or cotton 500
trailers or motorized wheelchairs operated by handicapped 501
persons; 502
[(74)] (75) "Wrecker" or "tow truck", any emergency 503
commercial vehicle equipped, designed and used to assist or 504
render aid and transport or tow disabled or wrecked vehicles 505
from a highway, road, street or highway rights-of-way to a 506
point of storage or repair, including towing a replacement 507
vehicle to replace a disabled or wrecked vehicle; 508
[(75)] (76) "Wrecker or towing service", the act of 509
transporting, towing or recovering with a wrecker, tow 510
truck, rollback or car carrier any vehicle not owned by the 511
operator of the wrecker, tow truck, rollback or car carrier 512
for which the operator directly or indirectly receives 513
compensation or other personal gain. 514
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
(5) Accepting scrap metals or metal parts as a metal 17
recycling entity or scrap metal yard, as defined in section 18
301.010. 19
2. Sales at a salvage pool or a salvage disposal sale 20
shall be open only to and made to persons actually engaged 21
in and holding a current license under sections 301.217 to 22
301.221 and 301.550 to 301.573 or any person from another 23
state or jurisdiction who is legally allowed in his or her 24
state of domicile to purchase for resale, rebuild, 25
dismantle, crush, or scrap either motor vehicles or salvage 26
vehicles, and to persons who reside in a foreign country 27
that are purchasing salvage vehicles for export outside of 28
the United States. Operators of salvage pools or salvage 29
disposal sales shall keep a record, for three years, of 30
sales of salvage vehicles with the purchasers' name and 31
address, and the year, make, and vehicle identification 32
number for each vehicle. These records shall be open for 33
inspection as provided in section 301.225. Such records 34
shall be submitted to the department on a quarterly basis. 35
3. The operator of a salvage pool or salvage disposal 36
sale, or subsequent purchaser, who sells a nonrepairable 37
motor vehicle or a salvage motor vehicle to a person who is 38
not a resident of the United States at a salvage pool or a 39
salvage disposal sale shall: 40
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(1) Stamp on the face of the title so as not to 41
obscure any name, date, or mileage statement on the title 42
the words "FOR EXPORT ONLY" in capital letters that are 43
black; and 44
(2) Stamp in each unused reassignment space on the 45
back of the title the words "FOR EXPORT ONLY" and print the 46
number of the dealer's salvage vehicle license, name of the 47
salvage pool, or the name of the governmental entity, as 48
applicable. 49
The words "FOR EXPORT ONLY" required under subdivisions (1) 50
and (2) of this subsection shall be at least two inches wide 51
and clearly legible. Copies of the stamped titles shall be 52
forwarded to the department. 53
4. The director of revenue shall issue a separate 54
license for each kind of business described in subsection 1 55
of this section, to be entitled and designated as either 56
"used parts dealer"; "salvage dealer or dismantler"; 57
"rebuilder or body shop"; [or] "scrap processor"; "metal 58
recycling entity"; or "scrap metal yard" license. 59
5. Any person who violates provisions of this section 60
shall be guilty of a class A misdemeanor, punishable only by 61
a fine. Nothing in this section shall be construed to 62
preclude a person violating provisions of this section from 63
being prosecuted for any other applicable criminal offense. 64
In addition to any such fine, after August 28, 2026, an 65
application for a license under this section may be denied, 66
or any current license may be revoked or suspended by the 67
department if the applicant or licensee has knowingly or 68
intentionally: 69
(1) Violated provisions of sections 407.298 to 498.303; 70
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(2) Made a materially false statement in the 71
application for a license; or 72
(3) Engaged in a fraudulent act in connection with any 73
purchase or sale of any regulated metal, as defined in 74
section 407.298. 75
301.225. 1. Every person licensed or required to be 1
licensed shall maintain for three years on vehicles not more 2
than seven years old a record of: 3
(1) Every vehicle or used transmission, rear end, 4
cowl, frame, body, front end assembly or engine of or for a 5
vehicle received or acquired by him, its description and 6
identifying number, if any, the date of its receipt or 7
acquisition, and the name and address of the person from 8
whom received or acquired; 9
(2) Every vehicle wrecked, dismantled or disposed of 10
by him, and the date of its wrecking or dismantling and, if 11
sold to a scrap metal operator, the operator's name and 12
address. 13
2. Any person licensed or required to be licensed 14
under this section shall maintain records consistent with 15
the requirements pursuant to section 407.300 for three years 16
on copper, brass, or bronze material, as defined in section 17
407.298, regardless of the condition or length of such metal 18
and whether or not it is mixed or conjoined with any other 19
substances. 20
Every such record shall be retained by the person licensed 21
or required to be licensed at his principal place of 22
business and shall be open to inspection by any 23
representative of the department, member or authorized or 24
designated employee of the Missouri highway patrol, or any 25
police officer during reasonable business hours. Members of 26
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the patrol or any police officer may inspect the premises of 27
every person licensed or required to be licensed at any time 28
that business is being conducted or work is being performed, 29
whether or not open to the public to enforce the provisions 30
of sections 301.217 to 301.229. 31
407.298. For purposes of sections 407.299 to 407.304, 1
the following terms mean: 2
(1) "Copper, brass, or bronze": 3
(a) A power inverter, bus bar, or insulated or 4
noninsulated copper wire or cable that contains copper or an 5
alloy of copper or zinc and is used by any public utility, 6
common carrier, telecommunications company, cable provider, 7
video service provider, or other communications-related 8
provider, electrical corporation, water utility, municipal 9
utility, or any other public utility regulated under 10
chapters 386 or 393; 11
(b) Any copper or brass item of a type commonly used 12
in construction or by a public utility, telecommunications 13
company, cable provider, video service provider, or other 14
communications-related provider; or 15
(c) Any copper pipe or copper tubing; 16
(2) "Department", the Missouri department of revenue; 17
(3) "Metal recycling entity" or "scrap metal yard", 18
any business that is predominantly engaged in: 19
(a) Performing the manufacturing process by which 20
scrap, used, or obsolete ferrous or nonferrous metal is 21
converted into raw material products consisting of prepared 22
grades and having an existing or potential economic value, 23
by a method that in part requires the use of powered tools 24
and equipment, including processes that involve processing, 25
sorting, cutting, classifying, cleaning, baling, wrapping, 26
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shredding, shearing, or changing the physical form of that 27
metal; 28
(b) The use of raw material products described under 29
paragraph (a) of this subdivision in the manufacture of 30
producer or consumer goods; or 31
(c) Purchasing or otherwise acquiring scrap, used, or 32
obsolete ferrous or nonferrous metals to be used as 33
described in paragraphs (a) or (b) of this subdivision; 34
(4) "Regulated metal": 35
(a) Copper, brass, or bronze; 36
(b) Aluminum wire, cable, pipe, tubing, bar, ingot, 37
rod, fitting, or fastener; 38
(c) Material of any condition or length containing 39
copper or aluminum that is used for farming, as defined in 40
section 350.010; 41
(d) Detached catalytic converter; or 42
(e) Any motor vehicle, heavy equipment, or tractor 43
battery. 44
407.299. 1. No later than the close of business on a 1
metal recycling entity or scrap metal yard's second working 2
day after the date of the purchase or acquisition of a 3
regulated metal, the entity or yard shall send an electronic 4
transaction report to the department on the department's 5
website using an electronic statewide reporting system 6
established by the department under subsection 3 of this 7
section. The report shall contain the information required 8
to be recorded pursuant to section 407.300, except that the 9
entity or yard shall not be required to disclose the weight 10
and purchase price of the regulated metal. 11
2. A metal recycling entity or scrap metal yard may 12
submit the transaction report under subsection 1 of this 13
section by facsimile if the department approves an exception 14
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to the electronic reporting requirement following receipt 15
and review of an: 16
(1) Application requesting an exception to the 17
electronic reporting requirements; and 18
(2) Affidavit stating that the entity or yard does not 19
have an available and reliable means of submitting the 20
transaction report electronically. 21
3. The department shall establish a statewide 22
electronic reporting system to track the sales of regulated 23
metals required to be reported to the department under 24
subsection 1 of this section. 25
4. The department shall post on its website a summary 26
of the reports under subsection 2 of this section. Such 27
reports shall only be accessible to metal recycling entities 28
and scrap metal yards that are required to submit 29
information to the department under this section. The 30
summary shall be classified as follows: 31
(1) By county where the sale of a regulated metal 32
occurred; and 33
(2) The frequency with which an individual, identified 34
by the first and last name and address, presents regulated 35
metals for sale to a metal recycling entity or scrap metal 36
yard. 37
The summary under this subsection shall not identify any 38
person or entity to which the metal recycling entity or 39
scrap metal yard sells regulated material. The provisions 40
of this subsection shall not apply to any regulated metal 41
sold to a metal recycling entity or scrap metal yard by a 42
public or private cemetery, political subdivision, 43
telecommunications provider, cable provider, wireless 44
service or other communications-related provider, electrical 45
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cooperative, water utility, municipal utility or utility 46
regulated under chapter 386 or 393, or other business entity 47
that routinely uses regulated metals in the course of 48
business of such business entity as permitted by current law. 49
5. The department shall make available on its website 50
a publicly accessible list of all licensed metal recycling 51
entities and scrap metal yards. The list shall contain the 52
following information for each licensed metal recycling 53
entity or scrap metal yard: 54
(1) Registered business name; 55
(2) Physical address; 56
(3) Name and contact information of the owner or 57
operator of the entity or yard; 58
(4) A description of the extent to which an entity or 59
yard engages in transactions involving catalytic converters; 60
and 61
(5) A statement that no purchases of regulated metals 62
shall be accepted before 7:00 a.m. or after 7:00 p.m. 63
6. Information provided to the department under 64
subsection 4 of this section shall not be subject to public 65
disclosure under chapter 610, except for law enforcement 66
purposes, as described in section 301.225. Except as 67
otherwise provided herein, the department shall maintain the 68
confidentiality of the name of the seller, the price paid 69
for the purchase of regulated metal, and the quantity of 70
regulated metal purchased. 71
7. The department may promulgate administrative rules 72
and regulations for the development of a statewide 73
electronic reporting system to track the sales of regulated 74
metal reported to the department, which shall include the 75
development of a no-buy list as provided in section 76
407.304. The department may collaborate with any local law 77
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enforcement agency to prepare a searchable, electronic list 78
that includes the names and a description of persons known 79
to have received stolen property. Any rule or portion of a 80
rule, as that term is defined in section 536.010, that is 81
created under the authority delegated in this section shall 82
become effective only if it complies with and is subject to 83
all of the provisions of chapter 536 and, if applicable, 84
section 536.028. This section and chapter 536 are 85
nonseverable and if any of the powers vested with the 86
general assembly pursuant to chapter 536 to review, to delay 87
the effective date, or to disapprove and annul a rule are 88
subsequently held unconstitutional, then the grant of 89
rulemaking authority and any rule proposed or adopted after 90
August 28, 2026, shall be invalid and void. 91
407.300. 1. Every purchaser or collector of, or 1
dealer in, junk, scrap metal, or any secondhand property who 2
obtains items for resale or profit shall only make such 3
purchases or trades between 7:00 a.m. and 7:00 p.m. and keep 4
a register containing a written or electronic record for 5
each purchase or trade in which each type of material 6
subject to the provisions of this section is obtained for 7
value. There shall be a separate record for each 8
transaction involving any[: 9
(1) Copper, brass, or bronze; 10
(2) Aluminum wire, cable, pipe, tubing, bar, ingot, 11
rod, fitting, or fastener; 12
(3) Material containing copper or aluminum that is 13
knowingly used for farming purposes as farming is defined in 14
section 350.010; whatever may be the condition or length of 15
such metal; 16
(4) Detached catalytic converter; or 17
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(5) Motor vehicle, heavy equipment, or tractor 18
battery] regulated metal, as defined in section 407.298. 19
2. The record required by this section shall contain 20
the following data: 21
(1) A copy of the driver's license or photo 22
identification issued by the state or by the United States 23
government or agency thereof of the person from whom the 24
material is obtained; 25
(2) The current address, gender, birth date, and a 26
color photograph of the person from whom the material is 27
obtained if not included or are different from the 28
identification required in subdivision (1) of this 29
subsection; 30
(3) The date, time, and place of the transaction; 31
(4) The license plate number of the vehicle used by 32
the seller during the transaction; [and] 33
(5) A full description of the material, including the 34
weight and purchase price; 35
(6) A photo of any regulated metal purchased; and 36
(7) An affidavit stating that the seller owns or 37
otherwise has authority to sell the regulated metal being 38
offered for sale. 39
3. The records required under this section shall be 40
maintained for a minimum of thirty-six months from when such 41
material is obtained and shall be available for inspection 42
by any law enforcement officer. 43
4. No transaction that includes a detached catalytic 44
converter shall occur at any location other than the fixed 45
place of business of the purchaser or collector of, or 46
dealer in, junk, scrap metal, or any secondhand property. 47
No detached catalytic converter shall be altered, modified, 48
disassembled, or destroyed until it has been in the 49
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purchaser's, collector's, or dealer's possession for five 50
business days. 51
5. Anyone licensed under section 301.218 who knowingly 52
purchases a stolen regulated metal [detached catalytic 53
converter] shall be subject to the following penalties: 54
(1) For a first violation, a fine in the amount of 55
five thousand dollars; 56
(2) For a second violation, a fine in the amount of 57
ten thousand dollars; and 58
(3) For a third violation, revocation of the license 59
for a business described under section 301.218. 60
6. This section shall not apply to either of the 61
following transactions: 62
(1) Any transaction for which the seller has an 63
existing business relationship with the scrap metal dealer 64
and is known to the scrap metal dealer making the purchase 65
to be an established business or political subdivision that 66
operates a business with a fixed location that can be 67
reasonably expected to generate regulated scrap metal and 68
can be reasonably identified as such a business, and for 69
which the seller is paid by check or by electronic funds 70
transfer, or the seller produces an acceptable 71
identification, which shall be a copy of the driver's 72
license or photo identification issued by the state or by 73
the United States government or agency thereof, and a copy 74
is retained by the purchaser; or 75
(2) Any transaction for which the type of metal 76
subject to subsection 1 of this section is a minor part of a 77
larger item, except for heating and cooling equipment or 78
equipment used in the generation and transmission of 79
electrical power or telecommunications. 80
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7. No metal recycling entity or scrap metal yard shall 81
purchase any regulated metal from a seller who, at the time 82
of the sale: 83
(1) Uses a name other than such seller's legal name or 84
the registered name of the seller's business; 85
(2) Is less than eighteen years of age; or 86
(3) Is reasonably perceived to be under the influence 87
of alcohol, a controlled substance, or drug, or any 88
combination thereof. 89
8. (1) A metal recycling entity or scrap metal yard 90
shall at all times maintain in a prominent place in the 91
entity or yard's place of business, in open view to the 92
seller of a regulated metal, a notice in bold 144-point font 93
that: 94
(a) Includes the following disclosures: 95
(b) States the metal recycling entity or scrap metal 106
yard's regular business hours. 107
(2) Disclosures required by this subsection may be 108
included on a sign that contains another notice if the metal 109
recycling entity or scrap metal yard is required to display 110
another notice under another provision of law. 111
96
97
98
99
"ANY PERSON ATTEMPTING TO SELL ANY REGULATED
METAL MUST PRESENT SUFFICIENT IDENTIFICATION
AND WRITTEN PROOF OF OWNERSHIP REQUIRED BY
STATE LAW.
100
101
102
103
104
105
WARNING: STATE LAW PROVIDES A CRIMINAL
PENALTY FOR A PERSON WHO INTENTIONALLY
PROVIDES A FALSE DOCUMENT OF IDENTIFICATION
OR OTHER FALSE INFORMATION TO A METAL
RECYCLING ENTITY WHILE ATTEMPTING TO SELL ANY
REGULATED METAL."; and
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407.303. 1. Any scrap metal dealer, metal recycling 1
entity, or scrap metal yard paying out [an] any amount [that 2
is five hundred dollars or more] shall make such payment by 3
issuing a prenumbered check drawn on a regular bank account 4
in the name of the licensed scrap metal dealer and with such 5
check made payable to the person documented as the seller in 6
accordance with this section, or by using a system for 7
automated cash or electronic payment distribution which 8
photographs or videotapes the payment recipient and 9
identifies the payment with a distinct transaction in the 10
register maintained in accordance with this chapter. 11
2. [Any] No scrap metal dealer, metal recycling 12
entity, or scrap metal yard that purchases scrap metal from 13
a seller [and pays] shall pay in the form of cash [is 14
required to obtain a copy of the seller's driver's license 15
or nondriver's license if the metal is copper or a catalytic 16
converter]. Notwithstanding the provisions of subsection 1 17
of this section to the contrary, this section shall not 18
apply to any transaction for which the seller has an 19
existing business relationship with the scrap metal dealer, 20
metal recycling entity, or scrap metal yard and is known to 21
the scrap metal dealer, metal recycling entity, or scrap 22
metal yard making the purchase to be an established business 23
or political subdivision that operates a business with a 24
fixed location that can be reasonably expected to generate 25
regulated scrap metal and can be reasonably identified as 26
such a business. 27
3. Any person who knowingly and willfully violates the 28
provisions of sections 407.300 to 407.303 shall be guilty of 29
a class B misdemeanor and a fine of up to five hundred 30
dollars for the first offense, a class A misdemeanor and a 31
fine of up to one thousand dollars for the second offense, 32
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and the revocation of any and all business licenses that are 33
held with the state for the third offense. 34
4. Any person in violation of sections 407.300 to 35
407.303 by selling stolen scrap metal shall be responsible 36
for consequential damages related to obtaining the scrap 37
metal. 38
407.304. The department shall provide to every scrap 1
metal dealer, metal recycling entity, or scrap metal yard a 2
searchable, electronic list prepared in accordance with the 3
rules adopted by the department, pursuant to section 4
407.299, with the names and descriptions of persons known to 5
be receivers of stolen property. No scrap metal dealer, 6
metal recycling entity, or scrap metal yard shall purchase 7
or receive regulated metals from any person identified on 8
the list. 9
✓