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SECOND REGULAR SESSION
SENATE BILL NO. 1460
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHNELTING.
5335S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 303.190 and 304.156, RSMo, and to enact in lieu thereof two new sections
relating to towing.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 303.190 and 304.156, RSMo, are 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 303.190 and 304.156, to read as follows:3
303.190. 1. A "motor vehicle liability policy" as 1
said term is used in this chapter shall mean an owner's or 2
an operator's policy of liability insurance, certified as 3
provided in section 303.170 or section 303.180 as proof of 4
financial responsibility, and issued, except as otherwise 5
provided in section 303.180 by an insurance carrier duly 6
authorized to transact business in this state, to or for the 7
benefit of the person named therein as insured. 8
2. Such owner's policy of liability insurance: 9
(1) Shall designate by explicit description or by 10
appropriate reference all motor vehicles with respect to 11
which coverage is thereby to be granted; 12
(2) Shall insure the person named therein and any 13
other person, as insured, using any such motor vehicle or 14
motor vehicles with the express or implied permission of 15
such named insured, against loss from the liability imposed 16
by law for damages arising out of the ownership, maintenance 17
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or use of such motor vehicle or motor vehicles within the 18
United States of America or the Dominion of Canada, subject 19
to limits, exclusive of interest and costs, with respect to 20
each such motor vehicle, as follows: twenty-five thousand 21
dollars because of bodily injury to or death of one person 22
in any one accident and, subject to said limit for one 23
person, fifty thousand dollars because of bodily injury to 24
or death of two or more persons in any one accident, and 25
twenty-five thousand dollars because of injury to or 26
destruction of property of others in any one accident; and 27
(3) May exclude coverage against loss from liability 28
imposed by law for damages arising out of the use of such 29
motor vehicles by a member of the named insured's household 30
who is a specifically excluded driver in the policy. 31
3. Such operator's policy of liability insurance shall 32
insure the person named as insured therein against loss from 33
the liability imposed upon him or her by law for damages 34
arising out of the use by him or her of any motor vehicle 35
not owned by him or her, within the said territorial limits 36
and subject to the same limits of liability as are set forth 37
above with respect to any owner's policy of liability 38
insurance. 39
4. Such motor vehicle liability policy shall state the 40
name and address of the named insured, the coverage afforded 41
by the policy, the premium charged therefor, the policy 42
period and the limits of liability, and shall contain an 43
agreement or be endorsed that insurance is provided 44
thereunder in accordance with the coverage defined in this 45
chapter as respects bodily injury and death or property 46
damage, or both, and is subject to all the provisions of 47
this chapter. 48
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5. Such motor vehicle liability policy need not insure 49
any liability pursuant to any workers' compensation law nor 50
any liability on account of bodily injury to or death of an 51
employee of the insured while engaged in the employment, 52
other than domestic, of the insured, or while engaged in the 53
operation, maintenance or repair of any such motor vehicle 54
nor any liability for damage to property owned by, rented 55
to, in charge of or transported by the insured. 56
6. Every motor vehicle liability policy shall be 57
subject to the following provisions which need not be 58
contained therein: 59
(1) The liability of the insurance carrier with 60
respect to the insurance required by this chapter shall 61
become absolute whenever injury or damage covered by said 62
motor vehicle liability policy occurs; said policy may not 63
be cancelled or annulled as to such liability by any 64
agreement between the insurance carrier and the insured 65
after the occurrence of the injury or damage; no statement 66
made by the insured or on his or her behalf and no violation 67
of said policy shall defeat or void said policy; 68
(2) The satisfaction by the insured of a judgment for 69
such injury or damage shall not be a condition precedent to 70
the right or duty of the insurance carrier to make payment 71
on account of such injury or damage; 72
(3) The insurance carrier shall have the right to 73
settle any claim covered by the policy, and if such 74
settlement is made in good faith, the amount thereof shall 75
be deductible from the limits of liability specified in 76
subdivision (2) of subsection 2 of this section; 77
(4) The policy, the written application thereof, if 78
any, and any rider or endorsement which does not conflict 79
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with the provisions of this chapter shall constitute the 80
entire contract between the parties. 81
7. Any policy which grants the coverage required for a 82
motor vehicle liability policy may also grant any lawful 83
coverage in excess of or in addition to the coverage 84
specified for a motor vehicle liability policy and such 85
excess or additional coverage shall not be subject to the 86
provisions of this chapter. With respect to a policy which 87
grants such excess or additional coverage the term "motor 88
vehicle liability policy" shall apply only to that part of 89
the coverage which is required by this section. 90
8. Any motor vehicle liability policy may provide that 91
the insured shall reimburse the insurance carrier for any 92
payment the insurance carrier would not have been obligated 93
to make under the terms of the policy except for the 94
provisions of this chapter. 95
9. Any motor vehicle liability policy may provide for 96
the prorating of the insurance thereunder with other valid 97
and collectible insurance. 98
10. The requirements of a motor vehicle liability 99
policy may be fulfilled by the policies of one or more 100
insurance carriers which policies together meet such 101
requirements. 102
11. Any binder issued pending the issuance of a motor 103
vehicle liability policy shall be deemed to fulfill the 104
requirement for such a policy. 105
12. Any motor vehicle liability policy for a 106
commercial motor vehicle, as defined in section 301.010, 107
with a gross vehicle rating of more than twenty-six thousand 108
pounds shall provide coverage for towing, winching, vehicle 109
recovery, and emergency roadside labor in an amount of at 110
least one hundred thousand dollars. Proof of such insurance 111
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shall be maintained in the vehicle and submitted to the 112
department upon request. 113
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
(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
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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
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
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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
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
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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
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
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(4) The provisions of this subsection shall only apply 125
to abandoned property removed pursuant to the provisions of 126
section 304.155 or 304.157 with costs charged by the towing 127
company that do not exceed fifteen thousand dollars. 128
6. A towing and storage lien shall be enforced as 129
provided in subsection 7 of this section. 130
7. Thirty days after the notification form has been 131
mailed to the abandoned property owner and holder of a 132
security agreement and the property is unredeemed and no 133
satisfactory arrangement has been made with the lienholder 134
in possession for continued storage, and the owner or holder 135
of a security agreement has not requested a hearing as 136
provided in subsection 5 of this section, the lienholder in 137
possession may apply to the director of revenue for a 138
certificate. The application for title shall be accompanied 139
by: 140
(1) An affidavit from the lienholder in possession 141
that he has been in possession of the abandoned property for 142
at least thirty days and the owner of the abandoned property 143
or holder of a security agreement has not made arrangements 144
for payment of towing and storage charges; 145
(2) An affidavit that the lienholder in possession has 146
not been notified of any application for hearing as provided 147
in this section; 148
(3) A copy of the abandoned property report or crime 149
inquiry and inspection report; 150
(4) A copy of the thirty-day notice given by certified 151
mail to any owner and person holding a valid security 152
interest and a copy of the certified mail receipt indicating 153
that the owner and lienholder of record was sent a notice as 154
required in this section; and 155
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(5) A copy of the envelope or mailing container 156
showing the address and postal markings indicating that the 157
notice was "not forwardable" or "address unknown". 158
8. If notice to the owner and holder of a security 159
agreement has been returned marked "not forwardable" or 160
"addressee unknown", the lienholder in possession shall 161
comply with subsection 3 of this section. 162
9. Any municipality or county may adopt an ordinance 163
regulating the removal and sale of abandoned property 164
provided such ordinance is consistent with sections 304.155 165
to 304.158, and, for a home rule city with more than four 166
hundred thousand inhabitants and located in more than one 167
county, includes the following provisions: 168
(1) That the department of revenue records must be 169
searched to determine the registered owner or lienholder of 170
the abandoned property; 171
(2) That if a registered owner or lienholder is 172
disclosed in the records, that the owner and lienholder or 173
owner or lienholder are mailed a notice by the local 174
governmental agency, by U.S. mail, advising of the towing 175
and impoundment; 176
(3) That if the vehicle is older than six years and 177
more than fifty percent damaged by collision, fire, or 178
decay, and has a fair market value of less than two hundred 179
dollars as determined by using any nationally recognized 180
appraisal book or method, it must be held no less than ten 181
days after the notice is sent pursuant to this section 182
before being sold to a licensed salvage or scrap business; 183
provided however where a title is required under this 184
chapter an affidavit from a certified appraiser attesting 185
that the value of the vehicle is less than two hundred 186
dollars; 187
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(4) That all other vehicles must be held no less than 188
thirty days after the notice is sent pursuant to this 189
subsection before they may be sold. 190
10. Any municipality or county which has physical 191
possession of the abandoned property and which sells 192
abandoned property in accordance with a local ordinance may 193
transfer ownership by means of a bill of sale signed by the 194
municipal or county clerk or deputy and sealed with the 195
official municipal or county seal. Such bill of sale shall 196
contain the make and model of the abandoned property, the 197
complete abandoned property identification number and the 198
odometer reading of the abandoned property if available and 199
shall be lawful proof of ownership for any dealer registered 200
under the provisions of section 301.218, or section 301.560, 201
or for any other person. Any dealer or other person 202
purchasing such property from a municipality or county shall 203
apply within thirty days of purchase for a certificate. 204
Anyone convicted of a violation of this section shall be 205
guilty of an infraction. 206
11. Any persons who have towed abandoned property 207
prior to August 28, 1996, may, until January 1, 2000, apply 208
to the department of revenue for a certificate. The 209
application shall be accompanied by: 210
(1) A notarized affidavit explaining the circumstances 211
by which the abandoned property came into their possession, 212
including the name of the owner or possessor of real 213
property from which the abandoned property was removed; 214
(2) The date of the removal; 215
(3) The current location of the abandoned property; 216
(4) An inspection of the abandoned property as 217
prescribed by the director; and 218
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(5) A copy of the thirty-day notice given by certified 219
mail to any owner and person holding a valid security 220
interest of record and a copy of the certified mail receipt. 221
12. If the director is satisfied with the genuineness 222
of the application and supporting documents submitted 223
pursuant to this section, the director shall issue one of 224
the following: 225
(1) An original certificate of title if the vehicle 226
owner has obtained a vehicle examination certificate as 227
provided in section 301.190 which indicates that the vehicle 228
was not previously in a salvaged condition or rebuilt; 229
(2) An original certificate of title designated as 230
prior salvage if the vehicle examination certificate as 231
provided in section 301.190 indicates the vehicle was 232
previously in a salvage condition or rebuilt; 233
(3) A salvage certificate of title designated with the 234
words "salvage/abandoned property" or junking certificate 235
based on the condition of the abandoned property as stated 236
in the abandoned property report or crime inquiry and 237
inspection report; 238
(4) Notwithstanding the provisions of section 301.573 239
to the contrary, if satisfied with the genuineness of the 240
application and supporting documents, the director shall 241
issue an original title to abandoned property previously 242
issued a salvage title as provided in this section, if the 243
vehicle examination certificate as provided in section 244
301.190 does not indicate the abandoned property was 245
previously in a salvage condition or rebuilt. 246
13. If abandoned property is insured and the insurer 247
of property regards the property as a total loss and the 248
insurer satisfies a claim by the owner for the property, 249
then the insurer or lienholder shall claim and remove the 250
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property from the storage facility or make arrangements to 251
transfer the title, and such transfer of title subject to 252
agreement shall be in complete satisfaction of all claims 253
for towing and storage, to the towing company or storage 254
facility. The owner of the abandoned vehicle, lienholder or 255
insurer, to the extent the vehicle owner's insurance policy 256
covers towing and storage charges, shall pay reasonable fees 257
assessed by the towing company and storage facility. The 258
property shall be claimed and removed or title transferred 259
to the towing company or storage facility within thirty days 260
of the date that the insurer paid a claim for the total loss 261
of the property or is notified as to the location of the 262
abandoned property, whichever is the later event. Upon 263
request, the insurer of the property shall supply the towing 264
company and storage facility with the name, address and 265
phone number of the insurance company and of the insured and 266
with a statement regarding which party is responsible for 267
the payment of towing and storage charges under the 268
insurance policy. 269
14. (1) Notwithstanding the provisions of subsection 270
5 of this section to the contrary, for any property removed 271
pursuant to the provisions of section 304.155 or 304.157 272
with a gross vehicle rating of more than twenty-six thousand 273
pounds and with costs charged by the towing company 274
exceeding fifteen thousand dollars, the owner of such 275
property may, within seven days after the receipt of 276
notification from the towing company pursuant to subsection 277
1 of this section, file a petition in a court of competent 278
jurisdiction in the county where the abandoned property is 279
stored if there is a dispute arising over costs charged by 280
the towing company. The petition shall name the towing 281
company among the defendants. 282
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(2) Upon filing the petition, the property owner shall 283
pay to the towing company fifty percent of all costs charged 284
by the towing company as of the date of filing, and the 285
remaining fifty percent of all costs shall be deposited with 286
the court. If the court finds in favor of the towing 287
company, the property owner shall pay the remainder of the 288
costs to the towing company along with interest accrued from 289
the date of filing at the rate determined by section 32.065. 290
(3) Within five business days of depositing fifty 291
percent of the costs charged by the towing company with the 292
court, the property owner shall remove the truck, trailer, 293
cargo, and any debris associated with such items from the 294
premises of the towing company. Failure to remove such 295
property shall result in the property owner forfeiting the 296
moneys deposited with the court to the towing company. 297
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