Modifies provisions relating to motor vehicles

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. 1632
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR CRAWFORD.
7039S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 144.070, 301.010, 301.020, 301.030, 301.050, 301.055, 301.070, 301.110,
301.140, 301.142, 301.147, 301.190, 301.550, 301.560, 301.570, 302.170, 307.350,
and 643.315, RSMo, and to enact in lieu thereof eighteen new sections relating to motor
vehicles, with penalty provisions and an effective date.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 144.070, 301.010, 301.020, 301.030, 1
301.050, 301.055, 301.070, 301.110, 301.140, 301.142, 301.147, 2
301.190, 301.550, 301.560, 301.570, 302.170, 307.350, and 3
643.315, RSMo, are repealed and eighteen new sections enacted 4
in lieu thereof, to be known as sections 144.070, 301.010, 5
301.020, 301.030, 301.050, 301.055, 301.070, 301.110, 301.140, 6
301.142, 301.147, 301.190, 301.550, 301.560, 301.570, 302.170, 7
307.350, and 643.315, to read as follows:8
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
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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
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
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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
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
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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
(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 the provisions in subdivision (3) of this 105
subsection shall not apply. 106
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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
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. (1) Beginning July 1, 2010, any motor vehicle 132
dealer licensed under section 301.560 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
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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
(2) Notwithstanding any provision of law to the 160
contrary, when a motor vehicle, trailer, boat, or other 161
titled personal property is sold by a licensed Missouri 162
dealer to a purchaser who is not a resident of this state, 163
and the vehicle is delivered to or picked up at the dealer's 164
Missouri location, the dealer shall collect and remit 165
Missouri state and local sales tax according to law at the 166
rate applicable at the dealer's place of business. The 167
provisions of this subdivision shall apply regardless of 168
whether the purchaser intends to title or register the 169
vehicle in another state. The dealer shall not be required 170
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to determine the tax rate of the purchaser's state of 171
residence. 172
11. (1) Every motor vehicle dealer licensed under 173
section 301.560, as soon as technologically possible 174
following the development and maintenance of a modernized, 175
integrated system for the titling of vehicles, issuance and 176
renewal of vehicle registrations, issuance and renewal of 177
driver's licenses and identification cards, and perfection 178
and release of liens and encumbrances on vehicles, to be 179
funded by the motor vehicle administration technology fund 180
as created in section 301.558, shall collect and remit the 181
sales tax required under this section on all motor vehicles, 182
boats, and outboard motors that such dealer sells as 183
directed by the director of revenue. In collecting and 184
remitting this sales tax, motor vehicle dealers shall be 185
subject to all applicable provisions under sections 144.010 186
to 144.527. 187
(2) The director of revenue may promulgate all 188
necessary rules and regulations for the administration of 189
this subsection. Any rule or portion of a rule, as that 190
term is defined in section 536.010, that is created under 191
the authority delegated in this subsection shall become 192
effective only if it complies with and is subject to all of 193
the provisions of chapter 536 and, if applicable, section 194
536.028. This subsection and chapter 536 are nonseverable 195
and if any of the powers vested with the general assembly 196
pursuant to chapter 536 to review, to delay the effective 197
date, or to disapprove and annul a rule are subsequently 198
held unconstitutional, then the grant of rulemaking 199
authority and any rule proposed or adopted after August 28, 200
2023, shall be invalid and void. 201
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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
(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
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(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
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
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(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
(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
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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
(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
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(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
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
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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
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
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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
(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
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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
(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
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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 for the purchase of a vehicle with an 255
immediate right of possession vested in the transferee, or 256
in the event a vehicle is the subject of an agreement for 257
the conditional sale or lease thereof with the right of 258
purchase upon performance of the conditions stated in the 259
agreement and with an immediate right of possession vested 260
in the conditional vendee or lessee, or in the event a 261
mortgagor of a vehicle is entitled to possession, then such 262
conditional vendee or lessee or mortgagor shall be deemed 263
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
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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
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
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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
(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
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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
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
SB 1632 20
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
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
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(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
(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
SB 1632 22
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
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
SB 1632 23
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
(74) "Water-damaged vehicle", any vehicle that has 480
been submerged in water to the point that rising water has 481
reached over the door sill and has entered the passenger or 482
trunk compartment. The department of revenue shall issue 483
the owner of a water-damaged vehicle a certificate of 484
ownership designated with the words "water-damaged" in 485
addition to "salvage" or "prior salvage"; 486
(75) "Wrecker" or "tow truck", any emergency 487
commercial vehicle equipped, designed and used to assist or 488
render aid and transport or tow disabled or wrecked vehicles 489
from a highway, road, street or highway rights-of-way to a 490
point of storage or repair, including towing a replacement 491
vehicle to replace a disabled or wrecked vehicle; 492
[(75)] (76) "Wrecker or towing service", the act of 493
transporting, towing or recovering with a wrecker, tow 494
truck, rollback or car carrier any vehicle not owned by the 495
operator of the wrecker, tow truck, rollback or car carrier 496
for which the operator directly or indirectly receives 497
compensation or other personal gain. 498
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
SB 1632 24
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 full legal name as it 15
appears on the applicant's driver license, nondriver 16
license, or permit. If the applicant does not have a 17
Missouri driver license, nondriver license, or permit, the 18
full legal name shall be as it appears on a birth 19
certificate or as legally changed through marriage or court 20
order. Name changes by common usage based on common law 21
shall not be permitted. Applicants that are businesses 22
shall be the same name as registered to do business through 23
the Missouri secretary of state's office. The application 24
shall also include the vehicle identification number and 25
address of the owner of such motor vehicle or trailer, as 26
well as the address of the owner of such boat or outboard 27
motor as prescribed in chapter 306; 28
(3) The gross weight of the vehicle and the desired 29
load in pounds if the vehicle is a commercial motor vehicle 30
or trailer. 31
2. If the vehicle is a motor vehicle primarily for 32
business use as defined in section 301.010 and if such 33
vehicle is ten years of age or less and has less than one 34
hundred fifty thousand miles on the odometer, the director 35
of revenue shall retain the odometer information provided in 36
the vehicle inspection report, and provide for prompt access 37
to such information, together with the vehicle 38
identification number for the motor vehicle to which such 39
information pertains, for a period of ten years after the 40
SB 1632 25
receipt of such information. This section shall not apply 41
unless: 42
(1) The application for the vehicle's certificate of 43
ownership was submitted after July 1, 1989; and 44
(2) The certificate was issued pursuant to a 45
manufacturer's statement of origin. 46
3. If the vehicle is any motor vehicle other than a 47
motor vehicle primarily for business use, a recreational 48
motor vehicle, motorcycle, motortricycle, autocycle, bus, or 49
any commercial motor vehicle licensed for over twelve 50
thousand pounds and if such motor vehicle is ten years of 51
age or less and has less than one hundred fifty thousand 52
miles on the odometer, the director of revenue shall retain 53
the odometer information provided in the vehicle inspection 54
report, and provide for prompt access to such information, 55
together with the vehicle identification number for the 56
motor vehicle to which such information pertains, for a 57
period of ten years after the receipt of such information. 58
This subsection shall not apply unless: 59
(1) The application for the vehicle's certificate of 60
ownership was submitted after July 1, 1990; and 61
(2) The certificate was issued pursuant to a 62
manufacturer's statement of origin. 63
4. If the vehicle qualifies as a reconstructed motor 64
vehicle, motor change vehicle, specially constructed motor 65
vehicle, non-USA-std motor vehicle, as defined in section 66
301.010, or prior salvage as referenced in section 301.573, 67
the owner or lienholder shall surrender the certificate of 68
ownership. The owner shall make an application for a new 69
certificate of ownership, pay the required title fee, and 70
obtain the vehicle examination certificate required pursuant 71
to subsection 9 of section 301.190. If an insurance company 72
SB 1632 26
pays a claim on a salvage vehicle as defined in section 73
301.010 and the owner retains the vehicle, as prior salvage, 74
the vehicle shall only be required to meet the examination 75
requirements under subsection 10 of section 301.190. 76
Notarized bills of sale along with a copy of the front and 77
back of the certificate of ownership for all major component 78
parts installed on the vehicle and invoices for all 79
essential parts which are not defined as major component 80
parts shall accompany the application for a new certificate 81
of ownership. If the vehicle is a specially constructed 82
motor vehicle, as defined in section 301.010, two pictures 83
of the vehicle shall be submitted with the application. If 84
the vehicle is a kit vehicle, the applicant shall submit the 85
invoice and the manufacturer's statement of origin on the 86
kit. If the vehicle requires the issuance of a special 87
number by the director of revenue or a replacement vehicle 88
identification number, the applicant shall submit the 89
required application and application fee. All applications 90
required under this subsection shall be submitted with any 91
applicable taxes which may be due on the purchase of the 92
vehicle or parts. The director of revenue shall 93
appropriately designate "Reconstructed Motor Vehicle", 94
"Motor Change Vehicle", "Non-USA-Std Motor Vehicle", or 95
"Specially Constructed Motor Vehicle" on the current and all 96
subsequent issues of the certificate of ownership of such 97
vehicle. 98
5. Every insurance company that pays a claim for 99
repair of a motor vehicle which as the result of such 100
repairs becomes a reconstructed motor vehicle as defined in 101
section 301.010 or that pays a claim on a salvage vehicle as 102
defined in section 301.010 and the owner is retaining the 103
vehicle shall in writing notify the owner of the vehicle, 104
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and in a first party claim, the lienholder if a lien is in 105
effect, that he is required to surrender the certificate of 106
ownership, and the documents and fees required pursuant to 107
subsection 4 of this section to obtain a prior salvage motor 108
vehicle certificate of ownership or documents and fees as 109
otherwise required by law to obtain a salvage certificate of 110
ownership, from the director of revenue. The insurance 111
company shall within thirty days of the payment of such 112
claims report to the director of revenue the full legal name 113
and address of such owner, the year, make, model, vehicle 114
identification number, and license plate number of the 115
vehicle, and the date of loss and payment. 116
6. Anyone who fails to comply with the requirements of 117
this section shall be guilty of a class B misdemeanor. 118
7. An applicant for registration may make a donation 119
of one dollar to promote a blindness education, screening 120
and treatment program. The director of revenue shall 121
collect the donations and deposit all such donations in the 122
state treasury to the credit of the blindness education, 123
screening and treatment program fund established in section 124
209.015. Moneys in the blindness education, screening and 125
treatment program fund shall be used solely for the purposes 126
established in section 209.015; except that the department 127
of revenue shall retain no more than one percent for its 128
administrative costs. The donation prescribed in this 129
subsection is voluntary and may be refused by the applicant 130
for registration at the time of issuance or renewal. The 131
director shall inquire of each applicant at the time the 132
applicant presents the completed application to the director 133
whether the applicant is interested in making the one dollar 134
donation prescribed in this subsection. 135
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8. An applicant for registration may make a donation 136
of an amount not less than one dollar to promote an organ 137
donor program. The director of revenue shall collect the 138
donations and deposit all such donations in the state 139
treasury to the credit of the organ donor program fund as 140
established in sections 194.297 to 194.304. Moneys in the 141
organ donor fund shall be used solely for the purposes 142
established in sections 194.297 to 194.304, except that the 143
department of revenue shall retain no more than one percent 144
for its administrative costs. The donation prescribed in 145
this subsection is voluntary and may be refused by the 146
applicant for registration at the time of issuance or 147
renewal. The director shall inquire of each applicant at 148
the time the applicant presents the completed application to 149
the director whether the applicant is interested in making a 150
contribution not less than one dollar as prescribed in this 151
subsection. 152
9. An applicant for registration may make a donation 153
of one dollar to the Missouri medal of honor recipients 154
fund. The director of revenue shall collect the donations 155
and deposit all such donations in the state treasury to the 156
credit of the Missouri medal of honor recipients fund as 157
established in section 226.925. Moneys in the medal of 158
honor recipients fund shall be used solely for the purposes 159
established in section 226.925, except that the department 160
of revenue shall retain no more than one percent for its 161
administrative costs. The donation prescribed in this 162
subsection is voluntary and may be refused by the applicant 163
for registration at the time of issuance or renewal. The 164
director shall inquire of each applicant at the time the 165
applicant presents the completed application to the director 166
SB 1632 29
whether the applicant is interested in making the one dollar 167
donation prescribed in this subsection. 168
301.030. 1. The director shall provide for the 1
retention of license plates by the owners of motor vehicles, 2
other than commercial motor vehicles, and shall establish a 3
system of registration on a monthly series basis to 4
distribute the work of registering motor vehicles as 5
uniformly as practicable throughout the twelve months of the 6
calendar year. For the purpose of assigning license plate 7
numbers, each type of motor vehicle shall be considered a 8
separate class. [Commencing July 1, 1949,] Motor vehicles, 9
other than commercial motor vehicles, shall be registered 10
for a period of twelve consecutive calendar months. [There 11
are established twelve registration periods, each of which 12
shall start on the first day of each calendar month of the 13
year and shall end on the last date of the twelfth month 14
from the date of beginning.] Fees for the renewal of 15
noncommercial motor vehicle registrations shall be payable 16
no later than the last day of the month [that follows the 17
twelfth month] of the expired registration period. No 18
[delinquent renewal penalty shall be assessed under section 19
301.050, and no] violation shall be issued under section 20
301.020 for an expired registration[, prior to the second 21
month that follows the twelfth month of the expired 22
registration period] before the last day of the month of 23
expiration. 24
2. Motor vehicles, other than commercial motor 25
vehicles, operated for the first time upon the public 26
highways of this state, to and including the fifteenth day 27
of any given month, shall be subject to registration and 28
payment of a fee for the twelve-month period commencing the 29
first day of the month of such operation; motor vehicles, 30
SB 1632 30
other than commercial motor vehicles, operated for the first 31
time on the public highways of this state after the 32
fifteenth day of any given month shall be subject to 33
registration and payment of a fee for the twelve-month 34
period commencing the first day of the next following 35
calendar month. 36
3. All commercial motor vehicles and trailers, except 37
those licensed under section 301.035 and those operated 38
under agreements as provided for in sections 301.271 to 39
301.279, shall be registered either on a calendar year basis 40
or on a prorated basis as provided in this section. The 41
fees for commercial motor vehicles, trailers, semitrailers, 42
and driveaway vehicles, other than those to be operated 43
under agreements as provided for in sections 301.271 to 44
301.279 shall be payable not later than the last day of 45
February of each year, except when such vehicle is licensed 46
between April first and July first the fee shall be three- 47
fourths the annual fee, when licensed between July first and 48
October first the fee shall be one-half the annual fee and 49
when licensed on or after October first the fee shall be one- 50
fourth the annual fee. Such license plates shall be made 51
with fully reflective material with a common color scheme 52
and design, shall be clearly visible at night, and shall be 53
aesthetically attractive, as prescribed by section 301.130. 54
Local commercial motor vehicle license plates may also be so 55
stamped, marked or designed as to indicate they are to be 56
used only on local commercial motor vehicles and, in 57
addition to such stamp, mark or design, the letter "F" shall 58
also be displayed on local commercial motor vehicle license 59
plates issued to motor vehicles used for farm or farming 60
transportation operations as defined in section 301.010 in 61
the manner prescribed by the advisory committee established 62
SB 1632 31
in section 301.129. In addition, all commercial motor 63
vehicle license plates may be so stamped or marked with a 64
letter, figure or other emblem as to indicate the gross 65
weight for which issued. 66
4. The director shall, upon application, issue 67
registration and license plates for nine thousand pounds 68
gross weight for property-carrying commercial motor vehicles 69
referred to herein, upon payment of the fees prescribed for 70
twelve thousand pounds gross weight as provided in section 71
301.057. 72
5. Notwithstanding any other provision of law to the 73
contrary, any motorcycle or motortricycle registration 74
issued by the Missouri department of revenue shall expire on 75
June thirtieth. 76
301.050. All registration fees shall be payable to the 1
director of revenue and shall accompany the application for 2
registration. A penalty fee of [five] twenty-five dollars 3
shall be paid for the first month of delinquency and twenty- 4
five dollars each consecutive month of delinquency not to 5
exceed two hundred dollars on all delinquent registrations. 6
[Any motor vehicle on which the annual registration fee 7
falls due prior to September 1, 1984, and which is 8
delinquent shall thereafter be registered by the department 9
of revenue to renew that annual registration at the fee in 10
effect when the annual registration was due plus the penalty 11
provided in this section.] 12
301.055. 1. The annual registration fee for a 1
passenger motor [vehicles] vehicle plate other than 2
commercial motor vehicles is[: 3
4 Less than 12 horsepower $18.00
SB 1632 32
twenty-five dollars, inclusive of the railroad crossing 19
safety fee prescribed in section 389.612. 20
2. The annual registration fee for motorcycles, 21
motortricycles, and autocycles is ten dollars, inclusive of 22
the railroad crossing safety fee prescribed in section 23
389.612. 24
3. Notwithstanding any other provision of law, the 25
registration of any autocycle registered as a motorcycle or 26
motortricycle prior to August 28, 2018, shall remain in 27
effect until the expiration of the registration period for 28
such vehicle at which time the owner shall be required to 29
renew the motor vehicle's registration under the autocycle 30
classification and pay the appropriate registration fee. 31
5
6
12 horsepower and less than 24
horsepower
21.00
7
8
24 horsepower and less than 36
horsepower
24.00
9
10
36 horsepower and less than 48
horsepower
33.00
11
12
48 horsepower and less than 60
horsepower
39.00
13
14
60 horsepower and less than 72
horsepower
45.00
15 72 horsepower and more 51.00
16 Motorcycles 8.50
17 Motortricycles 10.00
18 Autocycles 10.00]
SB 1632 33
301.070. 1. [In determining fees based on the 1
horsepower of vehicles propelled by internal combustion 2
engines, the horsepower shall be computed and recorded upon 3
the following formula established by the National Automobile 4
Chamber of Commerce: Square the bore of the cylinder in 5
inches multiplied by the number of cylinders, divided by two 6
and one-half. 7
2. The horsepower of all motor vehicles propelled by 8
steam may be accepted as rated by the manufacturers thereof, 9
or may be determined in accordance with regulations 10
promulgated by the director. 11
3. The horsepower of all motor vehicles, except 12
commercial motor vehicles, propelled by electric power, 13
shall be rated as being between twelve and twenty-four 14
horsepower. 15
4.] Fees of commercial motor vehicles, other than 16
passenger-carrying commercial motor vehicles, shall be based 17
on the gross weight of the vehicle or any combination of 18
vehicles and the maximum load to be carried at any one time 19
during the license period, except the fee for a wrecker, tow 20
truck, rollback or car carrier used in a towing service 21
shall be based on the empty weight of such vehicle fully 22
equipped for the recovery or towing of vehicles. 23
[5.] 2. The decision of the director as to the type of 24
motor vehicles and their classification for the purpose of 25
registration and the computation of fees therefor shall be 26
final and conclusive. 27
301.110. 1. Whenever the director shall determine 1
from an increase or decrease in the number of registrations 2
of all types of motor vehicles in any given month that the 3
volume of clerical work of registration of all types of 4
motor vehicles in such month has become so disproportionate 5
SB 1632 34
to the volume of work in the remaining registration periods 6
as to render the system burdensome or inefficient, [he] the 7
director is authorized and empowered to change the 8
registration period of any number of motor vehicles, other 9
than commercial motor vehicles, as may be necessary to 10
increase or reduce the volume of registration in one or more 11
periods by advancing the renewal date and shortening the 12
registration period of such motor vehicles. 13
2. The shifting of registration periods shall be 14
accomplished by notifying the registrants of the change, and 15
giving them credit for that portion of the registration 16
period not yet elapsed. In such instances the director 17
shall order the registrant to surrender the license plates 18
and registration certificate held by [him] the director and 19
shall assign and issue, without cost to the owner, new 20
plates and a registration certificate designating the new 21
registration expiration date. 22
3. Notwithstanding subsection 6 of section 142.869 or 23
any other provision of law to the contrary, the director may 24
stagger the collection of alternative fuel decal fees and 25
issuance of alternative fuel decals so that issuance of 26
alternative fuel decals occurs at the time of vehicle 27
registration and the decal or decals are valid for the 28
duration of the vehicle's registration period. In lieu of 29
an alternative fuel decal, the director may issue a receipt 30
showing payment of the alternative fuel decal fee, which 31
shall be kept with the vehicle and valid in place of an 32
alternative fuel decal displayed in accordance with section 33
142.869. 34
301.140. 1. Upon the transfer of ownership of any 1
motor vehicle or trailer, the certificate of registration 2
and the right to use the number plates shall expire and the 3
SB 1632 35
number plates shall be removed by the owner at the time of 4
the transfer of possession, and it shall be unlawful for any 5
person other than the person to whom such number plates were 6
originally issued to have the same in his or her possession 7
whether in use or not, unless such possession is solely for 8
charitable purposes; except that the buyer of a motor 9
vehicle or trailer who trades in a motor vehicle or trailer 10
may attach the license plates from the traded-in motor 11
vehicle or trailer to the newly purchased motor vehicle or 12
trailer. The operation of a motor vehicle with such 13
transferred plates shall be lawful for no more than thirty 14
days, or no more than ninety days if the dealer is selling 15
the motor vehicle under the provisions of section 301.213, 16
or no more than sixty days if the dealer is selling the 17
motor vehicle under the provisions of subsection 5 of 18
section 301.210. As used in this subsection, the term 19
"trade-in motor vehicle or trailer" shall include any single 20
motor vehicle or trailer sold by the buyer of the newly 21
purchased vehicle or trailer, as long as the license plates 22
for the trade-in motor vehicle or trailer are still valid. 23
2. In the case of a transfer of ownership the original 24
owner may register another motor vehicle under the same 25
license plate number, upon the payment of a fee of [two] ten 26
dollars, if the motor vehicle is [of horsepower, gross 27
weight or (in the case of a passenger-carrying commercial 28
motor vehicle) seating capacity, not in excess of that] the 29
same classification as originally registered. When such 30
motor vehicle is of greater [horsepower, gross weight or (in 31
the case of a passenger-carrying commercial motor vehicle) 32
seating capacity, for which a greater fee is prescribed] 33
classification than originally registered, the applicant 34
shall pay a transfer fee of [two] ten dollars and a pro rata 35
SB 1632 36
portion for the difference in fees. When such vehicle is of 36
less [horsepower, gross weight or (in case of a passenger- 37
carrying commercial motor vehicle) seating capacity, for 38
which a lesser fee is prescribed] classification than 39
originally registered, the applicant shall not be entitled 40
to a refund. As soon as technologically possible following 41
the implementation and maintenance of a modernized, 42
integrated system for the titling of vehicles, issuance and 43
renewal of vehicle registrations, and perfection and release 44
of liens and encumbrances on vehicles, if the transfer 45
occurs at a dealer location the current plate may be 46
transferred at time of purchase and tracked in the system. 47
If a motor vehicle, trailer, boat, or outboard motor is 48
purchased independently, the time frame for transfer of 49
plates noted in this section shall apply, and the transfer 50
shall occur by an authorized agent of the department of 51
revenue or the department of revenue central office. 52
3. License plates may be transferred from a motor 53
vehicle which will no longer be operated to a newly 54
purchased motor vehicle by the owner of such vehicles. The 55
owner shall pay a transfer fee of [two] ten dollars if the 56
motor vehicle is the same classification as the newly 57
purchased vehicle [is of horsepower, gross weight or (in the 58
case of a passenger-carrying commercial motor vehicle) 59
seating capacity, not in excess of that of the vehicle which 60
will no longer be operated]. When the newly purchased motor 61
vehicle is of greater [horsepower, gross weight or (in the 62
case of a passenger-carrying commercial motor vehicle) 63
seating capacity, for which a greater fee is prescribed] 64
classification than originally registered, the applicant 65
shall pay a transfer fee of [two] ten dollars and a pro rata 66
portion of the difference in fees. When the newly purchased 67
SB 1632 37
vehicle is of less [horsepower, gross weight or (in the case 68
of a passenger-carrying commercial motor vehicle) seating 69
capacity, for which a lesser fee is prescribed] 70
classification than originally registered, the applicant 71
shall not be entitled to a refund. As soon as 72
technologically possible following the implementation and 73
maintenance of a modernized, integrated system for the 74
titling of vehicles, issuance and renewal of vehicle 75
registrations, and perfection and release of liens and 76
encumbrances on vehicles, if the transfer occurs at a dealer 77
location the current plate may be transferred at time of 78
purchase and tracked in the system. If a motor vehicle, 79
trailer, boat, or outboard motor is purchased independently, 80
the time frame for transfer of plates noted in this section 81
shall apply, and the transfer shall occur by an authorized 82
agent of the department of revenue or the department of 83
revenue central office. 84
4. (1) The director of the department of revenue 85
shall have authority to produce or allow others to produce a 86
weather resistant, [nontearing temporary permit] interim 87
plate authorizing the operation of a motor vehicle or 88
trailer by a buyer for not more than thirty days[, or no 89
more than sixty days if issued by a dealer selling the motor 90
vehicle under the provisions of subsection 5 of section 91
301.210, from the date of purchase]. The [temporary permit] 92
interim plate authorized under this section may be purchased 93
by the purchaser of a motor vehicle or trailer from the 94
central office of the department of revenue or from an 95
authorized agent of the department of revenue upon 96
satisfaction of all applicable taxes under chapter 144, upon 97
proof of purchase of a motor vehicle or trailer for which 98
the buyer has no registration plate available for transfer 99
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and upon proof of financial responsibility, or from a motor 100
vehicle dealer upon purchase of a motor vehicle or trailer 101
for which the buyer has no registration plate available for 102
transfer, or from a motor vehicle dealer upon purchase of a 103
motor vehicle or trailer for which the buyer has registered 104
and is awaiting receipt of registration plates. The 105
director of the department of revenue or a producer 106
authorized by the director of the department of revenue may 107
make [temporary permits] interim plates available to 108
registered dealers in this state, authorized agents of the 109
department of revenue or the department of revenue. [The 110
price paid by a motor vehicle dealer, an authorized agent of 111
the department of revenue or the department of revenue for a 112
temporary permit shall not exceed five dollars for each 113
permit .] The director of the department of revenue shall 114
direct motor vehicle dealers and authorized agents to obtain 115
[temporary permits] interim plates from an authorized 116
producer. [Amounts received by the director of the 117
department of revenue for temporary permits shall 118
constitute state revenue; however, amounts received by an 119
authorized producer other than the director of the 120
department of revenue shall not constitute state revenue and 121
any amounts received by motor vehicle dealers or authorized 122
agents for temporary permits purchased from a producer 123
other than the director of the department of revenue shall 124
not constitute state revenue. In no event shall revenues 125
from the general revenue fund or any other state fund be 126
utilized to compensate motor vehicle dealers or other 127
producers for their role in producing temporary permits as 128
authorized under this section. Amounts that do not 129
constitute state revenue under this section shall also not 130
constitute fees for registration or certificates of title to 131
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be collected by the director of the department of revenue 132
under section 301.190. No motor vehicle dealer, authorized 133
agent or the department of revenue shall charge more than 134
five dollars for each permit issued.] The [permit] interim 135
plate shall be valid for a period of thirty days, [or no 136
more than ninety days if issued by a dealer selling the 137
motor vehicle under the provisions of section 301.213, or no 138
more than sixty days if issued by a dealer selling the motor 139
vehicle under the provisions of subsection 5 of section 140
301.210,] from the date of purchase of a motor vehicle or 141
trailer, or from the date of sale of the motor vehicle or 142
trailer by a motor vehicle dealer for which the purchaser 143
obtains [a permit] an interim plate as set out above. No 144
permit shall be issued for a vehicle under this section 145
unless the buyer shows proof of financial responsibility. 146
Each [temporary permit] interim plate issued shall be 147
securely fastened to the back or rear of the motor vehicle 148
in a manner and place on the motor vehicle consistent with 149
registration plates so that all parts and qualities of the 150
[temporary permit] interim plate thereof shall be plainly 151
and clearly visible, reasonably clean and are not impaired 152
in any way. The department shall issue a nontransferable in- 153
transit plate for motor vehicles, trailers, and boats 154
purchased by nonresidents of this state for a fee of ten 155
dollars. Such in-transit plate shall be displayed in the 156
rear window of the newly purchased motor vehicle, boat, or 157
trailer, be available to law enforcement to query in the 158
department's system, and be void fifteen days after 159
issuance. As soon as technologically possible following the 160
implementation and maintenance of a modernized, integrated 161
system for the titling of vehicles, issuance and renewal of 162
vehicle registrations, and perfection and release of liens 163
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and encumbrances on vehicles, dealers selling the motor 164
vehicle shall title and register vehicles, collect sales 165
tax, verify personal property tax is current and issue an 166
interim plate with the same configuration of the permanent 167
plate, which shall subsequently be mailed to the owner by 168
the department. If a motor vehicle is purchased 169
independently, the time frame for obtaining an interim plate 170
shall be thirty days from the purchase and the interim plate 171
shall be obtained through the department of revenue or an 172
authorized agent of the department of revenue, provided that 173
the interim plate shall have the same configuration of the 174
permanent registration plate, which shall be mailed to the 175
owner by the department. No other type of temporary permit 176
or plate shall be issued by the department or an authorized 177
agent of the department. 178
(2) The provisions of subdivision (1) of this 179
subsection requiring satisfaction of all applicable taxes 180
under chapter 144 shall become effective only upon 181
notification by the director of the department of revenue 182
that implementation of such requirements are technologically 183
feasible following the development and maintenance of a 184
modernized, integrated system for the titling of vehicles, 185
the issuance and renewal of vehicle registrations, the 186
issuance and renewal of drivers' licenses and identification 187
cards, and the perfection and release of liens and 188
encumbrances on vehicles. 189
5. The [permit] interim plate shall be issued on a 190
form prescribed by the director of the department of revenue 191
and issued only for the applicant's temporary operation of 192
the motor vehicle or trailer purchased to enable the 193
applicant to temporarily operate the motor vehicle while 194
proper title and registration plates are being obtained, or 195
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while awaiting receipt of registration plates, and shall be 196
displayed on no other motor vehicle. [Temporary permits] 197
Interim plates issued pursuant to this section shall not be 198
transferable or renewable[,] and shall not be valid upon 199
issuance of proper registration plates for the motor vehicle 200
or trailer[, and shall be returned to the department or to 201
the department's agent upon the issuance of such proper 202
registration plates. Any temporary permit returned to the 203
department or to the department's agent shall be immediately 204
destroyed.] The provisions of this subsection shall not 205
apply to [temporary permits] interim plates issued for 206
commercial motor vehicles licensed in excess of twenty-four 207
thousand pounds gross weight. The director of the 208
department of revenue shall determine the size, material, 209
design, numbering configuration, construction, and color of 210
the [permit] interim plate. The director of the department 211
of revenue, at his or her discretion, shall have the 212
authority to reissue, and thereby extend the use of, [a 213
temporary permit] an interim plate previously and legally 214
issued for a motor vehicle or trailer while proper title and 215
registration are being obtained. 216
6. Every motor vehicle dealer that issues [temporary 217
permits] interim plates shall keep, for inspection by proper 218
officers, an accurate record of each [permit] interim plate 219
issued by recording the [permit] interim plate number that 220
shall coincide with the registration plate issued, the motor 221
vehicle dealer's number, buyer's name and address, the motor 222
vehicle's year, make, and manufacturer's vehicle 223
identification number, and the [permit's] interim plate's 224
date of issuance and expiration date. Upon the issuance of 225
[a temporary permit] an interim plate by either the central 226
office of the department of revenue, a motor vehicle dealer 227
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or an authorized agent of the department of revenue, the 228
director of the department of revenue shall make the 229
information associated with the issued [temporary permit] 230
interim registration plate immediately available to the law 231
enforcement community of the state of Missouri. As soon as 232
technologically possible following the implementation and 233
maintenance of a modernized, integrated system for the 234
titling of vehicles, issuance and renewal of vehicle 235
registrations, and perfection and release of liens and 236
encumbrances on vehicles, dealers shall no longer issue 237
temporary permits and no records shall need to be kept. 238
7. Upon the transfer of ownership of any currently 239
registered motor vehicle wherein the owner cannot transfer 240
the license plates due to a change of motor vehicle 241
category, the owner may surrender the license plates issued 242
to the motor vehicle and receive credit for any unused 243
portion of the original registration fee against the 244
registration fee of another motor vehicle. Such credit 245
shall be granted based upon the date the license plates are 246
surrendered. No refunds shall be made on the unused portion 247
of any license plates surrendered for such credit. 248
8. [An additional temporary license plate produced in 249
a manner and of materials determined by the director to be 250
the most cost-effective means of production with a 251
configuration that matches an existing or newly issued 252
plate] A third plate may be purchased by a motor vehicle 253
owner to be placed in the interior of the vehicle's rear 254
window such that the driver's view out of the rear window is 255
not obstructed and the plate configuration is clearly 256
visible from the outside of the vehicle to serve as the 257
visible plate when a bicycle rack or other item obstructs 258
the view of the actual plate. [Such temporary plate is only 259
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authorized for use when the matching actual plate is affixed 260
to the vehicle in the manner prescribed in subsection 5 of 261
section 301.130.] The fee charged for the [temporary] third 262
plate shall be equal to the fee charged for a [temporary 263
permit issued under subsection 4 of this section] 264
replacement plate as prescribed in section 301.300. 265
[Replacement temporary plates authorized in this subsection 266
may be issued as needed upon the payment of a fee equal to 267
the fee charged for a temporary permit under subsection 4 of 268
this section.] The newly produced third plate may only be 269
used on the vehicle with the matching plate, and the 270
additional plate shall be clearly recognizable as a third 271
plate and only used for the purpose specified in this 272
subsection. 273
9. Notwithstanding the provisions of section 301.217, 274
the director may issue a temporary permit to an individual 275
who possesses a salvage motor vehicle which requires an 276
inspection under subsection 9 of section 301.190. The 277
operation of a salvage motor vehicle for which the permit 278
has been issued shall be limited to the most direct route 279
from the residence, maintenance, or storage facility of the 280
individual in possession of such motor vehicle to the 281
nearest authorized inspection facility and return to the 282
originating location. Notwithstanding any other 283
requirements for the issuance of a temporary permit under 284
this section, an individual obtaining a temporary permit for 285
the purpose of operating a motor vehicle to and from an 286
examination facility as prescribed in this subsection shall 287
also purchase the required motor vehicle examination form 288
which is required to be completed for an examination under 289
subsection 9 of section 301.190 and provide satisfactory 290
evidence that such vehicle has passed a motor vehicle safety 291
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inspection for such vehicle as required in section 307.350. 292
As soon as technologically possible following the 293
implementation and maintenance of a modernized, integrated 294
system for the titling of vehicles, issuance and renewal of 295
vehicle registrations, and perfection and release of liens 296
and encumbrances on vehicles, if an inspection is required 297
at an authorized inspection facility for a salvage vehicle, 298
the owner shall carry and posses a notice of sale and shall 299
get an inspection within fifteen days of the sale. 300
10. The director of the department of revenue may 301
promulgate all necessary rules and regulations for the 302
administration of this section. Any rule or portion of a 303
rule, as that term is defined in section 536.010, that is 304
created under the authority delegated in this section shall 305
become effective only if it complies with and is subject to 306
all of the provisions of chapter 536 and, if applicable, 307
section 536.028. This section and chapter 536 are 308
nonseverable and if any of the powers vested with the 309
general assembly pursuant to chapter 536 to review, to delay 310
the effective date, or to disapprove and annul a rule are 311
subsequently held unconstitutional, then the grant of 312
rulemaking authority and any rule proposed or adopted after 313
August 28, 2012, shall be invalid and void. 314
[11. The repeal and reenactment of this section shall 315
become effective on the date the department of revenue or a 316
producer authorized by the director of the department of 317
revenue begins producing temporary permits described in 318
subsection 4 of such section, or on July 1, 2013, whichever 319
occurs first. If the director of revenue or a producer 320
authorized by the director of the department of revenue 321
begins producing temporary permits prior to July 1, 2013, 322
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the director of the department of revenue shall notify the 323
revisor of statutes of such fact.] 324
301.142. 1. As used in sections 301.141 to 301.143, 1
the following terms mean: 2
(1) "Department", the department of revenue; 3
(2) "Director", the director of the department of 4
revenue; 5
(3) "Other authorized health care practitioner" 6
includes advanced practice registered nurses licensed 7
pursuant to chapter 335, physician assistants licensed 8
pursuant to chapter 334, chiropractors licensed pursuant to 9
chapter 331, podiatrists licensed pursuant to chapter 330, 10
assistant physicians, physical therapists licensed pursuant 11
to chapter 334, and optometrists licensed pursuant to 12
chapter 336; 13
(4) "Physically disabled", a natural person who is 14
blind, as defined in section 8.700, or a natural person with 15
medical disabilities which prohibits, limits, or severely 16
impairs one's ability to ambulate or walk, as determined by 17
a licensed physician or other authorized health care 18
practitioner as follows: 19
(a) The person cannot ambulate or walk fifty or less 20
feet without stopping to rest due to a severe and disabling 21
arthritic, neurological, orthopedic condition, or other 22
severe and disabling condition; or 23
(b) The person cannot ambulate or walk without the use 24
of, or assistance from, a brace, cane, crutch, another 25
person, prosthetic device, wheelchair, or other assistive 26
device; or 27
(c) Is restricted by a respiratory or other disease to 28
such an extent that the person's forced respiratory 29
expiratory volume for one second, when measured by 30
SB 1632 46
spirometry, is less than one liter, or the arterial oxygen 31
tension is less than sixty mm/hg on room air at rest; or 32
(d) Uses portable oxygen; or 33
(e) Has a cardiac condition to the extent that the 34
person's functional limitations are classified in severity 35
as class III or class IV according to standards set by the 36
American Heart Association; or 37
(f) Except as otherwise provided in subdivision (3) of 38
subsection 16 of this section, a person's age, in and of 39
itself, shall not be a factor in determining whether such 40
person is physically disabled or is otherwise entitled to 41
disabled license plates and/or disabled windshield hanging 42
placards within the meaning of sections 301.141 to 301.143; 43
(5) "Physician", a person licensed to practice 44
medicine pursuant to chapter 334; 45
(6) "Physician's statement", a statement personally 46
signed by a duly authorized person which certifies that a 47
person is disabled as defined in this section; 48
(7) "Temporarily disabled person", a disabled person 49
as defined in this section whose disability or incapacity is 50
expected to last no more than one hundred eighty days; 51
(8) "Temporary windshield placard", a placard to be 52
issued to persons who are temporarily disabled persons as 53
defined in this section, certification of which shall be 54
indicated on the physician's statement; 55
(9) "Windshield placard", a placard to be issued to 56
persons who are physically disabled as defined in this 57
section, certification of which shall be indicated on the 58
physician's statement. 59
2. Other authorized health care practitioners may 60
furnish to a disabled or temporarily disabled person a 61
physician's statement for only those physical health care 62
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conditions for which such health care practitioner is 63
legally authorized to diagnose and treat. 64
3. A physician's statement shall: 65
(1) Be on a form prescribed by the director of revenue; 66
(2) Set forth the specific diagnosis and medical 67
condition which renders the person physically disabled or 68
temporarily disabled as defined in this section; 69
(3) Include the physician's or other authorized health 70
care practitioner's license number; and 71
(4) Be personally signed by the issuing physician or 72
other authorized health care practitioner. 73
4. If it is the professional opinion of the physician 74
or other authorized health care practitioner issuing the 75
statement that the physical disability of the applicant, 76
user, or member of the applicant's household is permanent, 77
it shall be noted on the statement. Otherwise, the 78
physician or other authorized health care practitioner shall 79
note on the statement the anticipated length of the 80
disability, which shall determine the expiration date for 81
the temporary windshield placard, and which period shall not 82
exceed one hundred eighty days. If the physician or health 83
care practitioner fails to record an expiration date on the 84
physician's statement, the director shall issue a temporary 85
windshield placard for a period of thirty days. 86
5. A physician or other authorized health care 87
practitioner who issues or signs a physician's statement so 88
that disabled plates or a disabled windshield placard may be 89
obtained shall maintain in such disabled person's medical 90
chart documentation that such a certificate has been issued, 91
the date the statement was signed, the diagnosis or 92
condition which existed that qualified the person as 93
disabled pursuant to this section and shall contain 94
SB 1632 48
sufficient documentation so as to objectively confirm that 95
such condition exists. 96
6. The medical or other records of the physician or 97
other authorized health care practitioner who issued a 98
physician's statement shall be open to inspection and review 99
by such practitioner's licensing board, in order to verify 100
compliance with this section. Information contained within 101
such records shall be confidential unless required for 102
prosecution, disciplinary purposes, or otherwise required to 103
be disclosed by law. 104
7. Owners of motor vehicles who are residents of the 105
state of Missouri, and who are physically disabled, owners 106
of motor vehicles operated at least fifty percent of the 107
time by a physically disabled person, or owners of motor 108
vehicles used to primarily transport physically disabled 109
members of the owner's household may obtain disabled person 110
license plates. Such owners, upon application to the 111
director accompanied by the documents and fees provided for 112
in this section, a current physician's statement which has 113
been issued within ninety days proceeding the date the 114
application is made, and proof of compliance with the state 115
motor vehicle laws relating to registration and licensing of 116
motor vehicles, shall be issued motor vehicle license plates 117
for vehicles, other than commercial vehicles with a gross 118
weight in excess of twenty-four thousand pounds, upon which 119
shall be inscribed the international wheelchair 120
accessibility symbol and the word "DISABLED" in addition to 121
a combination of letters and numbers. Such license plates 122
shall be made with fully reflective material with a common 123
color scheme and design, shall be clearly visible at night, 124
and shall be aesthetically attractive, as prescribed by 125
section 301.130. If at any time an individual who obtained 126
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disabled license plates issued under this subsection no 127
longer occupies a residence with a physically disabled 128
person, or no longer owns a vehicle that is operated at 129
least fifty percent of the time by a physically disabled 130
person, such individual shall surrender the disabled license 131
plates to the department within thirty days of becoming 132
ineligible for their use. 133
8. The director shall further issue, upon request, to 134
such applicant one, and for good cause shown, as the 135
director may define by rule and regulations, not more than 136
two, removable disabled windshield hanging placards for use 137
when the disabled person is occupying a vehicle or when a 138
vehicle not bearing the permanent handicap plate is being 139
used to pick up, deliver, or collect the physically disabled 140
person issued the disabled motor vehicle license plate or 141
disabled windshield hanging placard. 142
9. No additional fee shall be paid to the director for 143
the issuance of the special license plates provided in this 144
section, except for special personalized license plates and 145
other license plates described in this subsection. Priority 146
for any specific set of special license plates shall be 147
given to the applicant who received the number in the 148
immediately preceding license period subject to the 149
applicant's compliance with the provisions of this section 150
and any applicable rules or regulations issued by the 151
director. If determined feasible by the advisory committee 152
established in section 301.129, any special license plate 153
issued pursuant to this section may be adapted to also 154
include the international wheelchair accessibility symbol 155
and the word "DISABLED" as prescribed in this section and 156
such plate may be issued to any applicant who meets the 157
requirements of this section and the other appropriate 158
SB 1632 50
provision of this chapter, subject to the requirements and 159
fees of the appropriate provision of this chapter. 160
10. Any physically disabled person, or the parent or 161
guardian of any such person, or any not-for-profit group, 162
organization, or other entity which transports more than one 163
physically disabled person, may apply to the director of 164
revenue for a removable windshield placard. The placard may 165
be used in motor vehicles which do not bear the permanent 166
handicap symbol on the license plate. Such placards must be 167
hung from the front, middle rearview mirror of a parked 168
motor vehicle and may not be hung from the mirror during 169
operation. These placards may only be used during the 170
period of time when the vehicle is being used by a disabled 171
person, or when the vehicle is being used to pick up, 172
deliver, or collect a disabled person, and shall be 173
surrendered to the department, within thirty days, if a 174
group, organization, or entity that obtained the removable 175
windshield placard due to the transportation of more than 176
one physically disabled person no longer transports more 177
than one disabled person. When there is no rearview mirror, 178
the placard shall be displayed on the dashboard on the 179
driver's side. 180
11. The removable windshield placard shall conform to 181
the specifications, in respect to size, color, and content, 182
as set forth in federal regulations published by the 183
Department of Transportation. The removable windshield 184
placard shall be renewed every [four] eight years. The 185
department shall have the authority to automatically renew 186
current valid disabled placards for a duration of eight 187
years, or for the duration that correlates with the current 188
physician's statement expiration date, until all permanent 189
disabled placards are on an eight-year renewal cycle. The 190
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director may stagger the expiration dates to equalize 191
workload. Only one removable placard may be issued to an 192
applicant who has been issued disabled person license 193
plates. Upon request, one additional windshield placard may 194
be issued to an applicant who has not been issued disabled 195
person license plates. 196
12. A temporary windshield placard shall be issued to 197
any physically disabled person, or the parent or guardian of 198
any such person who otherwise qualifies except that the 199
physical disability, in the opinion of the physician, is not 200
expected to exceed a period of one hundred eighty days. The 201
temporary windshield placard shall conform to the 202
specifications, in respect to size, color, and content, as 203
set forth in federal regulations published by the Department 204
of Transportation. The fee for the temporary windshield 205
placard shall be two dollars. Upon request, and for good 206
cause shown, one additional temporary windshield placard may 207
be issued to an applicant. Temporary windshield placards 208
shall be issued upon presentation of the physician's 209
statement provided by this section and shall be displayed in 210
the same manner as removable windshield placards. A person 211
or entity shall be qualified to possess and display a 212
temporary removable windshield placard for six months and 213
the placard may be renewed once for an additional six months 214
if a physician's statement pursuant to this section is 215
supplied to the director of revenue at the time of renewal. 216
13. A windshield placard shall be renewable only by 217
the person or entity to which the placard was originally 218
issued. Any placard issued pursuant to this section shall 219
only be used when the physically disabled occupant for whom 220
the disabled plate or placard was issued is in the motor 221
vehicle at the time of parking or when a physically disabled 222
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person is being delivered or collected. A disabled license 223
plate and/or a removable windshield hanging placard are not 224
transferable and may not be used by any other person whether 225
disabled or not. 226
14. At the time the disabled plates or windshield 227
hanging placards are issued, the director shall issue a 228
registration certificate which shall include the applicant's 229
name, address, and other identifying information as 230
prescribed by the director, or if issued to an agency, such 231
agency's name and address. This certificate shall further 232
contain the disabled license plate number or, for windshield 233
hanging placards, the registration or identifying number 234
stamped on the placard. The validated registration receipt 235
given to the applicant shall serve as the registration 236
certificate. 237
15. The director shall, upon issuing any disabled 238
registration certificate for license plates and/or 239
windshield hanging placards, provide information which 240
explains that such plates or windshield hanging placards are 241
nontransferable, and the restrictions explaining who and 242
when a person or vehicle which bears or has the disabled 243
plates or windshield hanging placards may be used or be 244
parked in a disabled reserved parking space, and the 245
penalties prescribed for violations of the provisions of 246
this act. 247
16. (1) Except as otherwise provided in this 248
subsection, every applicant for issuance of a disabled 249
license plate or placard shall be required to present a new 250
physician's statement dated no more than ninety days prior 251
to such application, and for renewal applications a 252
physician's statement dated no more than ninety days prior 253
to such application shall be required every eighth year. 254
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(2) Notwithstanding any provision of law to the 255
contrary, if the applicant has presented proof of disability 256
in the form of a statement from the United States Department 257
of Veterans Affairs verifying that the person is permanently 258
disabled, the applicant shall not be required to provide a 259
physician's statement for the purpose of issuance or renewal 260
of disabled person license plates or windshield placards. 261
(3) Notwithstanding the provisions of paragraph (f) of 262
subdivision (4) of subsection 1 of this section, any person 263
seventy-five years of age or older who provided a 264
physician's statement with the original application shall 265
not be required to provide a physician's statement for the 266
purpose of renewal of disabled person license plates or 267
windshield placards. 268
17. The director of revenue upon receiving a 269
physician's statement pursuant to this subsection shall 270
check with the state board of registration for the healing 271
arts created in section 334.120, or the Missouri state board 272
of nursing established in section 335.021, with respect to 273
physician's statements signed by advanced practice 274
registered nurses, or the Missouri state board of 275
chiropractic examiners established in section 331.090, with 276
respect to physician's statements signed by licensed 277
chiropractors, or with the board of optometry established in 278
section 336.130, with respect to physician's statements 279
signed by licensed optometrists, or the state board of 280
podiatric medicine created in section 330.100, with respect 281
to physician's statements signed by physicians of the foot 282
or podiatrists to determine whether the physician is duly 283
licensed and registered pursuant to law. 284
18. The boards shall cooperate with the director and 285
shall supply information requested pursuant to this 286
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subsection. The director shall, in cooperation with the 287
boards which shall assist the director, establish a list of 288
all Missouri physicians and other authorized health care 289
practitioners and of any other information necessary to 290
administer this section. 291
19. Where the owner's application is based on the fact 292
that the vehicle is used at least fifty percent of the time 293
by a physically disabled person, the applicant shall submit 294
a statement stating this fact, in addition to the 295
physician's statement. The statement shall be signed by 296
both the owner of the vehicle and the physically disabled 297
person. The applicant shall be required to submit this 298
statement with each application for license plates. No 299
person shall willingly or knowingly submit a false statement 300
and any such false statement shall be considered perjury and 301
may be punishable pursuant to section 301.420. 302
20. The director of revenue shall retain all 303
physicians' statements and all other documents received in 304
connection with a person's application for disabled license 305
plates and/or disabled windshield placards. 306
21. The director of revenue shall enter into 307
reciprocity agreements with other states or the federal 308
government for the purpose of recognizing disabled person 309
license plates or windshield placards issued to physically 310
disabled persons. 311
22. When a person to whom disabled person license 312
plates or a removable or temporary windshield placard or 313
both have been issued dies, the personal representative of 314
the decedent or such other person who may come into or 315
otherwise take possession of the disabled license plates or 316
disabled windshield placard shall return the same to the 317
director of revenue under penalty of law. Failure to return 318
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such plates or placards shall constitute a class B 319
misdemeanor. 320
23. The director of revenue may order any person 321
issued disabled person license plates or windshield placards 322
to submit to an examination by a chiropractor, osteopath, or 323
physician, or to such other investigation as will determine 324
whether such person qualifies for the special plates or 325
placards. 326
24. If such person refuses to submit or is found to no 327
longer qualify for special plates or placards provided for 328
in this section, the director of revenue shall collect the 329
special plates or placards, and shall furnish license plates 330
to replace the ones collected as provided by this chapter. 331
25. In the event a removable or temporary windshield 332
placard is lost, stolen, or mutilated, the lawful holder 333
thereof shall, within five days, file with the director of 334
revenue an application and an affidavit stating such fact, 335
in order to purchase a new placard. The fee for the 336
replacement windshield placard shall be four dollars. 337
26. Fraudulent application, renewal, issuance, 338
procurement or use of disabled person license plates or 339
windshield placards shall be a class A misdemeanor. It is a 340
class B misdemeanor for a physician, chiropractor, 341
podiatrist or optometrist to certify that an individual or 342
family member is qualified for a license plate or windshield 343
placard based on a disability, the diagnosis of which is 344
outside their scope of practice or if there is no basis for 345
the diagnosis. 346
301.147. 1. Notwithstanding the provisions of section 1
301.020 to the contrary, [beginning July 1, 2000,] the 2
director of revenue may provide owners of motor vehicles, 3
other than commercial motor vehicles licensed in excess of 4
SB 1632 56
fifty-four thousand pounds gross weight, the option of 5
biennially registering motor vehicles[. Any vehicle 6
manufactured as an even-numbered model year vehicle shall be 7
renewed each even-numbered calendar year and any such 8
vehicle manufactured as an odd-numbered model year vehicle 9
shall be renewed each odd-numbered calendar year], subject 10
to the following requirements: 11
(1) The fee collected at the time of biennial 12
registration shall include the annual registration fee plus 13
a pro rata amount for the additional twelve months of the 14
biennial registration; 15
(2) Presentation of all documentation otherwise 16
required by law for vehicle registration including, but not 17
limited to, a personal property tax receipt or certified 18
statement for the preceding year that no such taxes were due 19
as set forth in section 301.025, proof of a motor vehicle 20
safety inspection and any applicable emission inspection 21
conducted within sixty days prior to the date of application 22
and proof of insurance as required by section 303.026. 23
2. The director of revenue may prescribe rules and 24
regulations for the effective administration of this 25
section. The director is authorized to adopt those rules 26
that are reasonable and necessary to accomplish the limited 27
duties specifically delegated within this section. Any rule 28
or portion of a rule, as that term is defined in section 29
536.010, that is promulgated pursuant to the authority 30
delegated in this section shall become effective only if it 31
has been promulgated pursuant to the provisions of chapter 32
536. This section and chapter 536 are nonseverable and if 33
any of the powers vested with the general assembly pursuant 34
to chapter 536 to review, to delay the effective date or to 35
disapprove and annul a rule are subsequently held 36
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unconstitutional, then the grant of rulemaking authority and 37
any rule proposed or adopted after July 1, 2000, shall be 38
invalid and void. 39
3. The director of revenue shall have the authority to 40
stagger the registration period of motor vehicles other than 41
commercial motor vehicles, licensed in excess of twelve 42
thousand pounds gross weight, to equalize workload or for 43
the convenience of registration applicants. Once the owner 44
of a motor vehicle chooses the option of biennial 45
registration, such registration must be maintained for the 46
full twenty-four month period. 47
301.190. 1. No certificate of registration of any 1
motor vehicle or trailer, or number plate therefor, shall be 2
issued by the director of revenue unless the applicant 3
therefor shall make application for and be granted a 4
certificate of ownership of such motor vehicle or trailer, 5
or shall present satisfactory evidence that such certificate 6
has been previously issued to the applicant for such motor 7
vehicle or trailer. Application shall be made within thirty 8
days after the applicant acquires the motor vehicle or 9
trailer, unless the motor vehicle was acquired under section 10
301.213 or subsection 5 of section 301.210 in which case the 11
applicant shall make application within thirty days after 12
receiving title from the dealer, upon a blank form furnished 13
by the director of revenue and shall contain the applicant's 14
[identification number,] full legal name as it appears on 15
the applicant's driver license, nondriver license or 16
permit. If the applicant does not have a Missouri driver 17
license, nondriver license, or permit, the full legal name 18
shall be as it appears on a birth certificate or as legally 19
changed through marriage or court order. Name changes by 20
common usage based on common law shall not be permitted. 21
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Applicants that are businesses shall be the same name as 22
registered to do business through the Missouri secretary of 23
state's office. The application shall also include a full 24
description of the motor vehicle or trailer, the vehicle 25
identification number, and the mileage registered on the 26
odometer at the time of transfer of ownership, as required 27
by section 407.536, together with a statement of the 28
applicant's source of title and of any liens or encumbrances 29
on the motor vehicle or trailer, provided that for good 30
cause shown the director of revenue may extend the period of 31
time for making such application. When an owner wants to 32
add or delete a name or names on an application for 33
certificate of ownership of a motor vehicle or trailer [that 34
would cause it to be inconsistent with], the name or names 35
listed on the certificate of ownership shall be consistent 36
with the names noted on the notice of lien, and the owner 37
shall provide the director with documentation evidencing the 38
lienholder's authorization to add or delete a name or names 39
on an application for certificate of ownership. 40
2. The director of revenue shall use reasonable 41
diligence in ascertaining whether the facts stated in such 42
application are true and shall, to the extent possible 43
without substantially delaying processing of the 44
application, review any odometer information pertaining to 45
such motor vehicle that is accessible to the director of 46
revenue. If satisfied that the applicant is the lawful 47
owner of such motor vehicle or trailer, or otherwise 48
entitled to have the same registered in his name, the 49
director shall thereupon issue an appropriate certificate 50
over [his] the director's signature and sealed with the seal 51
of [his] the office, procured and used for such purpose. 52
The certificate shall contain on its face a complete 53
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description, vehicle identification number, and other 54
evidence of identification of the motor vehicle or trailer, 55
as the director of revenue may deem necessary, together with 56
the odometer information required to be put on the face of 57
the certificate pursuant to section 407.536, a statement of 58
any liens or encumbrances which the application may show to 59
be thereon, and, if ownership of the vehicle has been 60
transferred, the name of the state issuing the transferor's 61
title and whether the transferor's odometer mileage 62
statement executed pursuant to section 407.536 indicated 63
that the true mileage is materially different from the 64
number of miles shown on the odometer, or is unknown. 65
3. The director of revenue shall appropriately 66
designate on the current and all subsequent issues of the 67
certificate the words "Reconstructed Motor Vehicle", "Motor 68
Change Vehicle", "Specially Constructed Motor Vehicle", or 69
"Non-USA-Std Motor Vehicle", as defined in section 301.010. 70
Effective July 1, 1990, on all original and all subsequent 71
issues of the certificate for motor vehicles as referenced 72
in subsections 2 and 3 of section 301.020, the director 73
shall print on the face thereof the following designation: 74
"Annual odometer updates may be available from the 75
department of revenue.". On any duplicate certificate, the 76
director of revenue shall reprint on the face thereof the 77
most recent of either: 78
(1) The mileage information included on the face of 79
the immediately prior certificate and the date of purchase 80
or issuance of the immediately prior certificate; or 81
(2) Any other mileage information provided to the 82
director of revenue, and the date the director obtained or 83
recorded that information. 84
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4. The certificate of ownership issued by the director 85
of revenue shall be manufactured in a manner to prohibit as 86
nearly as possible the ability to alter, counterfeit, 87
duplicate, or forge such certificate without ready 88
detection. In order to carry out the requirements of this 89
subsection, the director of revenue may contract with a 90
nonprofit scientific or educational institution specializing 91
in the analysis of secure documents to determine the most 92
effective methods of rendering Missouri certificates of 93
ownership nonalterable or noncounterfeitable. 94
5. The fee for each original certificate so issued 95
shall be eight dollars and fifty cents, in addition to the 96
fee for registration of such motor vehicle or trailer. If 97
application for the certificate is not made within thirty 98
days after the vehicle is acquired by the applicant, or 99
where the motor vehicle was acquired under section 301.213 100
or subsection 5 of section 301.210 and the applicant fails 101
to make application within thirty days after receiving title 102
from the dealer, a delinquency penalty fee of twenty-five 103
dollars for the first thirty days of delinquency and twenty- 104
five dollars for each thirty days of delinquency thereafter, 105
not to exceed a total of two hundred dollars, but such 106
penalty may be waived by the director for a good cause 107
shown. If the director of revenue learns that any person 108
has failed to obtain a certificate within thirty days after 109
acquiring a motor vehicle or trailer, or where the motor 110
vehicle was acquired under section 301.213 or subsection 5 111
of section 301.210 and the applicant fails to make 112
application within thirty days after receiving title from 113
the dealer, or has sold a vehicle without obtaining a 114
certificate, he shall cancel the registration of all 115
vehicles registered in the name of the person, either as 116
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sole owner or as a co-owner, and shall notify the person 117
that the cancellation will remain in force until the person 118
pays the delinquency penalty fee provided in this section, 119
together with all fees, charges and payments which the 120
person should have paid in connection with the certificate 121
of ownership and registration of the vehicle. The 122
certificate shall be good for the life of the motor vehicle 123
or trailer so long as the same is owned or held by the 124
original holder of the certificate and shall not have to be 125
renewed annually. 126
6. Any applicant for a certificate of ownership 127
requesting the department of revenue to process an 128
application for a certificate of ownership in an expeditious 129
manner requiring special handling shall pay a fee of five 130
dollars in addition to the regular certificate of ownership 131
fee. 132
7. It is unlawful for any person to operate in this 133
state a motor vehicle or trailer required to be registered 134
under the provisions of the law unless a certificate of 135
ownership has been applied for as provided in this section. 136
8. Before an original Missouri certificate of 137
ownership is issued, an inspection of the vehicle and a 138
verification of vehicle identification numbers shall be made 139
by the Missouri state highway patrol on vehicles for which 140
there is a current title issued by another state if a 141
Missouri salvage certificate of title has been issued for 142
the same vehicle but no prior inspection and verification 143
has been made in this state, except that if such vehicle has 144
been inspected in another state by a law enforcement officer 145
in a manner comparable to the inspection process in this 146
state and the vehicle identification numbers have been so 147
verified, the applicant shall not be liable for the twenty- 148
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five dollar inspection fee if such applicant submits proof 149
of inspection and vehicle identification number verification 150
to the director of revenue at the time of the application. 151
The applicant, who has such a title for a vehicle on which 152
no prior inspection and verification have been made, shall 153
pay a fee of twenty-five dollars for such verification and 154
inspection, payable to the director of revenue at the time 155
of the request for the application, which shall be deposited 156
in the state treasury to the credit of the state highways 157
and transportation department fund. 158
9. Each application for an original Missouri 159
certificate of ownership for a vehicle which is classified 160
as a reconstructed motor vehicle, specially constructed 161
motor vehicle, kit vehicle, motor change vehicle, non-USA- 162
std motor vehicle, or other vehicle as required by the 163
director of revenue shall be accompanied by a vehicle 164
examination certificate issued by the Missouri state highway 165
patrol, or other law enforcement agency as authorized by the 166
director of revenue. The vehicle examination shall include 167
a verification of vehicle identification numbers and a 168
determination of the classification of the vehicle. The 169
owner of a vehicle which requires a vehicle examination 170
certificate shall present the vehicle for examination and 171
obtain a completed vehicle examination certificate prior to 172
submitting an application for a certificate of ownership to 173
the director of revenue. Notwithstanding any provision of 174
the law to the contrary, an owner presenting a motor vehicle 175
which has been issued a salvage title and which is ten years 176
of age or older to a vehicle examination described in this 177
subsection in order to obtain a certificate of ownership 178
with the designation prior salvage motor vehicle shall not 179
be required to repair or restore the vehicle to its original 180
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appearance in order to pass or complete the vehicle 181
examination. The fee for the vehicle examination 182
application shall be twenty-five dollars and shall be 183
collected by the director of revenue at the time of the 184
request for the application and shall be deposited in the 185
state treasury to the credit of the state highways and 186
transportation department fund. If the vehicle is also to 187
be registered in Missouri, the safety inspection required in 188
chapter 307 and the emissions inspection required under 189
chapter 643 shall be completed and the fees required by 190
section 307.365 and section 643.315 shall be charged to the 191
owner. 192
10. When an application is made for an original 193
Missouri certificate of ownership for a motor vehicle 194
previously registered or titled in a state other than 195
Missouri or as required by section 301.020, it shall be 196
accompanied by a current inspection form certified by a duly 197
authorized official inspection station as described in 198
chapter 307. The completed form shall certify that the 199
manufacturer's identification number for the vehicle has 200
been inspected, that it is correctly displayed on the 201
vehicle and shall certify the reading shown on the odometer 202
at the time of inspection. The inspection station shall 203
collect the same fee as authorized in section 307.365 for 204
making the inspection, and the fee shall be deposited in the 205
same manner as provided in section 307.365. If the vehicle 206
is also to be registered in Missouri, the safety inspection 207
required in chapter 307 and the emissions inspection 208
required under chapter 643 shall be completed and only the 209
fees required by section 307.365 and section 643.315 shall 210
be charged to the owner. This section shall not apply to 211
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vehicles being transferred on a manufacturer's statement of 212
origin. 213
11. Motor vehicles brought into this state in a 214
wrecked or damaged condition or after being towed as an 215
abandoned vehicle pursuant to another state's abandoned 216
motor vehicle procedures shall, in lieu of the inspection 217
required by subsection 10 of this section, be inspected by 218
the Missouri state highway patrol in accordance with 219
subsection 9 of this section. If the inspection reveals the 220
vehicle to be in a salvage or junk condition, the director 221
shall so indicate on any Missouri certificate of ownership 222
issued for such vehicle. Any salvage designation shall be 223
carried forward on all subsequently issued certificates of 224
title for the motor vehicle. 225
12. When an application is made for an original 226
Missouri certificate of ownership for a motor vehicle 227
previously registered or titled in a state other than 228
Missouri, and the certificate of ownership has been 229
appropriately designated by the issuing state as a 230
reconstructed motor vehicle, motor change vehicle, specially 231
constructed motor vehicle, or prior salvage vehicle, the 232
director of revenue shall appropriately designate on the 233
current Missouri and all subsequent issues of the 234
certificate of ownership the name of the issuing state and 235
such prior designation. The absence of any prior 236
designation shall not relieve a transferor of the duty to 237
exercise due diligence with regard to such certificate of 238
ownership prior to the transfer of a certificate. If a 239
transferor exercises any due diligence with regard to a 240
certificate of ownership, the legal transfer of a 241
certificate of ownership without any designation that is 242
subsequently discovered to have or should have had a 243
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designation shall be a transfer free and clear of any 244
liabilities of the transferor associated with the missing 245
designation. 246
13. When an application is made for an original 247
Missouri certificate of ownership for a motor vehicle 248
previously registered or titled in a state other than 249
Missouri, and the certificate of ownership has been 250
appropriately designated by the issuing state as non-USA-std 251
motor vehicle, the director of revenue shall appropriately 252
designate on the current Missouri and all subsequent issues 253
of the certificate of ownership the words "Non-USA-Std Motor 254
Vehicle". 255
14. The director of revenue and the superintendent of 256
the Missouri state highway patrol shall make and enforce 257
rules for the administration of the inspections required by 258
this section. 259
15. Each application for an original Missouri 260
certificate of ownership for a vehicle which is classified 261
as a reconstructed motor vehicle, manufactured forty or more 262
years prior to the current model year, and which has a value 263
of three thousand dollars or less shall be accompanied by: 264
(1) A proper affidavit submitted by the owner 265
explaining how the motor vehicle or trailer was acquired 266
and, if applicable, the reasons a valid certificate of 267
ownership cannot be furnished; 268
(2) Photocopies of receipts, bills of sale 269
establishing ownership, or titles, and the source of all 270
major component parts used to rebuild the vehicle; 271
(3) A fee of one hundred fifty dollars in addition to 272
the fees described in subsection 5 of this section. Such 273
fee shall be deposited in the state treasury to the credit 274
of the state highways and transportation department fund; and 275
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(4) An inspection certificate, other than a motor 276
vehicle examination certificate required under subsection 9 277
of this section, completed and issued by the Missouri state 278
highway patrol, or other law enforcement agency as 279
authorized by the director of revenue. The inspection 280
performed by the highway patrol or other authorized local 281
law enforcement agency shall include a check for stolen 282
vehicles. 283
The department of revenue shall issue the owner a 284
certificate of ownership designated with the words 285
"Reconstructed Motor Vehicle" and deliver such certificate 286
of ownership in accordance with the provisions of this 287
chapter. Notwithstanding subsection 9 of this section, no 288
owner of a reconstructed motor vehicle described in this 289
subsection shall be required to obtain a vehicle examination 290
certificate issued by the Missouri state highway patrol. 291
301.550. 1. The definitions contained in section 1
301.010 shall apply to sections 301.550 to 301.580, and in 2
addition as used in sections 301.550 to 301.580, the 3
following terms mean: 4
(1) "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 or both in any calendar 12
year shall be required as evidence that such person is 13
eligible for licensure as a boat dealer under sections 14
301.550 to 301.580; except that, such sales requirements 15
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shall be waived for entities also licensed as boat 16
manufacturers under section 301.559 who custom manufacture 17
boats: 18
(a) For use with biological research and management 19
equipment for fisheries; or 20
(b) For use with scientific sampling and for 21
geological or chemistry purposes. 22
The boat dealer shall demonstrate eligibility for renewal of 23
his license by selling six or more vessels or vessel 24
trailers or both in the prior calendar year while licensed 25
as a boat dealer pursuant to sections 301.550 to 301.580; 26
(2) "Boat manufacturer", any person engaged in the 27
manufacturing, assembling or modification of new vessels or 28
vessel trailers as a regular business, including a person, 29
partnership or corporation which acts for and is under the 30
control of a manufacturer or assembly in connection with the 31
distribution of vessels or vessel trailers; 32
(3) "Department", the Missouri department of revenue; 33
(4) "Director", the director of the Missouri 34
department of revenue; 35
(5) "Emergency vehicles", motor vehicles used as 36
ambulances, law enforcement vehicles, and fire fighting and 37
assistance vehicles; 38
(6) "Manufacturer", any person engaged in the 39
manufacturing, assembling or modification of new motor 40
vehicles or trailers as a regular business, including a 41
person, partnership or corporation which acts for and is 42
under the control of a manufacturer or assembly in 43
connection with the distribution of motor vehicles or 44
accessories for motor vehicles; 45
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(7) "Motor vehicle broker", a person who holds himself 46
out through solicitation, advertisement, or otherwise as one 47
who offers to arrange a transaction involving the retail 48
sale of a motor vehicle, and who is not: 49
(a) A dealer, or any agent, or any employee of a 50
dealer when acting on behalf of a dealer; 51
(b) A manufacturer, or any agent, or employee of a 52
manufacturer when acting on behalf of a manufacturer; 53
(c) The owner of the vehicle involved in the 54
transaction; or 55
(d) A public motor vehicle auction or wholesale motor 56
vehicle auction where buyers are licensed dealers in this or 57
any other jurisdiction; 58
(8) "Motor vehicle dealer" or "dealer", any person 59
who, for commission or with an intent to make a profit or 60
gain of money or other thing of value, sells, barters, 61
exchanges, leases or rents with the option to purchase, or 62
who offers or attempts to sell or negotiates the sale of 63
motor vehicles or trailers whether or not the motor vehicles 64
or trailers are owned by such person; provided, however, an 65
individual auctioneer or auction conducted by an auctioneer 66
licensed pursuant to chapter 343 shall not be included 67
within the definition of a motor vehicle dealer. The sale 68
of [eight] twelve or more motor vehicles or trailers in any 69
calendar year shall be required as evidence that such person 70
is engaged in the motor vehicle business and is eligible for 71
licensure as a motor vehicle dealer under sections 301.550 72
to 301.580. Any licensed motor vehicle dealer failing to 73
meet the minimum vehicle sales requirements as referenced in 74
this subsection shall not be qualified to renew his or her 75
license for one year. To be eligible for license renewal, 76
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applicants shall meet the minimum requirement of [eight] 77
twelve sales per year; 78
(9) "New motor vehicle", any motor vehicle being 79
transferred for the first time from a manufacturer, 80
distributor or new vehicle dealer which has not been 81
registered or titled in this state or any other state and 82
which is offered for sale, barter or exchange by a dealer 83
who is franchised to sell, barter or exchange that 84
particular make of motor vehicle. The term "new motor 85
vehicle" shall not include manufactured homes, as defined in 86
section 700.010; 87
(10) "New motor vehicle franchise dealer", any motor 88
vehicle dealer who has been franchised to deal in a certain 89
make of motor vehicle by the manufacturer or distributor of 90
that make and motor vehicle and who may, in line with 91
conducting his business as a franchise dealer, sell, barter 92
or exchange used motor vehicles; 93
(11) "Person" includes an individual, a partnership, 94
corporation, an unincorporated society or association, joint 95
venture or any other entity; 96
(12) "Powersport dealer", any motor vehicle dealer who 97
sells, either pursuant to a franchise agreement or 98
otherwise, primarily motor vehicles including but not 99
limited to motorcycles, all-terrain vehicles, and personal 100
watercraft, as those terms are defined in this chapter and 101
chapter 306; 102
(13) "Public motor vehicle auction", any person, firm 103
or corporation who takes possession of a motor vehicle 104
whether by consignment, bailment or any other arrangement, 105
except by title, for the purpose of selling motor vehicles 106
at a public auction by a licensed auctioneer; 107
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(14) "Recreational motor vehicle dealer", a dealer of 108
new or used motor vehicles designed, constructed or 109
substantially modified for use as temporary housing 110
quarters, including sleeping and eating facilities which are 111
either permanently attached to the motor vehicle or attached 112
to a unit which is securely attached to the motor vehicle; 113
(15) "Storage lot", an area within the same city or 114
county where a dealer may store excess vehicle inventory; 115
(16) "Trailer dealer", any person selling, either 116
exclusively or otherwise, trailers as defined in section 117
301.010. A trailer dealer may acquire a motor vehicle for 118
resale only as a trade-in for a trailer. Notwithstanding 119
the provisions of section 301.010 and section 301.069, 120
trailer dealers may purchase one driveaway license plate to 121
display such motor vehicle for demonstration purposes. The 122
sale of six or more trailers in any calendar year shall be 123
required as evidence that such person is engaged in the 124
trailer business and is eligible for licensure as a trailer 125
dealer under sections 301.550 to 301.580. Any licensed 126
trailer dealer failing to meet the minimum trailer and 127
vehicle sales requirements as referenced in this subsection 128
shall not be qualified to renew his or her license for one 129
year. Applicants who reapply after the one-year period 130
shall meet the requirement of six sales per year; 131
(17) "Used motor vehicle", any motor vehicle which is 132
not a new motor vehicle, as defined in sections 301.550 to 133
301.580, and which has been sold, bartered, exchanged or 134
given away or which may have had a title issued in this 135
state or any other state, or a motor vehicle so used as to 136
be what is commonly known as a secondhand motor vehicle. In 137
the event of an assignment of the statement of origin from 138
an original franchise dealer to any individual or other 139
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motor vehicle dealer other than a new motor vehicle 140
franchise dealer of the same make, the vehicle so assigned 141
shall be deemed to be a used motor vehicle and a certificate 142
of ownership shall be obtained in the assignee's name. The 143
term "used motor vehicle" shall not include manufactured 144
homes, as defined in section 700.010; 145
(18) "Used motor vehicle dealer", any motor vehicle 146
dealer who is not a new motor vehicle franchise dealer; 147
(19) "Vessel", every boat and watercraft defined as a 148
vessel in section 306.010; 149
(20) "Vessel trailer", any trailer, as defined by 150
section 301.010 which is designed and manufactured for the 151
purposes of transporting vessels; 152
(21) "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
(22) "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 301.550 to 301.580, 168
neither the term motor vehicle nor the term trailer shall 169
include manufactured homes, as defined in section 700.010. 170
3. Dealers shall be divided into classes as follows: 171
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(1) Boat dealers; 172
(2) Franchised new motor vehicle dealers; 173
(3) Used motor vehicle dealers; 174
(4) Wholesale motor vehicle dealers; 175
(5) Recreational motor vehicle dealers; 176
(6) Historic motor vehicle dealers; 177
(7) Classic motor vehicle dealers; 178
(8) Powersport dealers; and 179
(9) Trailer dealers. 180
301.560. 1. In addition to the application forms 1
prescribed by the department, each applicant shall submit 2
the following to the department: 3
(1) Every application other than a renewal application 4
for a new motor vehicle franchise dealer shall include a 5
certification that the applicant has a bona fide established 6
place of business. Such application shall include an annual 7
certification that the applicant has a bona fide established 8
place of business for the first three years and only for 9
every other year thereafter. The certification shall be 10
performed by a uniformed member of the Missouri state 11
highway patrol or authorized or designated employee 12
stationed in the troop area in which the applicant's place 13
of business is located; except that in counties of the first 14
classification, certification may be performed by an officer 15
of a metropolitan police department when the applicant's 16
established place of business of distributing or selling 17
motor vehicles or trailers is in the metropolitan area where 18
the certifying metropolitan police officer is employed. 19
When the application is being made for licensure as a boat 20
manufacturer or boat dealer, certification shall be 21
performed by a uniformed member of the Missouri state 22
highway patrol or authorized or designated employee 23
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stationed in the troop area in which the applicant's place 24
of business is located or, if the applicant's place of 25
business is located within the jurisdiction of a 26
metropolitan police department in a first class county, by 27
an officer of such metropolitan police department. A bona 28
fide established place of business for any new motor vehicle 29
franchise dealer, used motor vehicle dealer, boat dealer, 30
powersport dealer, wholesale motor vehicle dealer, trailer 31
dealer, or wholesale or public auction shall be a permanent 32
enclosed building or structure, either owned in fee or 33
leased and actually occupied as a place of business by the 34
applicant for the selling, bartering, trading, servicing, or 35
exchanging of motor vehicles, boats, personal watercraft, or 36
trailers and wherein the public may contact the owner or 37
operator at any reasonable time, and wherein shall be kept 38
and maintained the books, records, files and other matters 39
required and necessary to conduct the business. The 40
applicant shall maintain a working telephone number during 41
the entire registration year which will allow the public, 42
the department, and law enforcement to contact the applicant 43
during regular business hours. The applicant shall also 44
maintain an email address during the entire registration 45
year which may be used for official correspondence with the 46
department. In order to qualify as a bona fide established 47
place of business for all applicants licensed pursuant to 48
this section there shall be an exterior sign displayed 49
carrying the name of the business set forth in letters at 50
least six inches in height and clearly visible to the public 51
and there shall be an area or lot which shall not be a 52
public street on which multiple vehicles, boats, personal 53
watercraft, or trailers may be displayed. The sign shall 54
contain the name of the dealership by which it is known to 55
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the public through advertising or otherwise, which need not 56
be identical to the name appearing on the dealership's 57
license so long as such name is registered as a fictitious 58
name with the secretary of state, has been approved by its 59
line-make manufacturer in writing in the case of a new motor 60
vehicle franchise dealer and a copy of such fictitious name 61
registration has been provided to the department. Dealers 62
who sell only emergency vehicles as defined in section 63
301.550 are exempt from maintaining a bona fide place of 64
business, including the related law enforcement 65
certification requirements, and from meeting the minimum 66
yearly sales; 67
(2) The initial application for licensure shall 68
include a photograph, not to exceed eight inches by ten 69
inches but no less than five inches by seven inches, showing 70
the business building, lot, and sign. A new motor vehicle 71
franchise dealer applicant who has purchased a currently 72
licensed new motor vehicle franchised dealership shall be 73
allowed to submit a photograph of the existing dealership 74
building, lot and sign but shall be required to submit a new 75
photograph upon the installation of the new dealership sign 76
as required by sections 301.550 to 301.580. Applicants 77
shall not be required to submit a photograph annually unless 78
the business has moved from its previously licensed 79
location, or unless the name of the business or address has 80
changed, or unless the class of business has changed; 81
(3) Every applicant as a new motor vehicle franchise 82
dealer, a used motor vehicle dealer, a powersport dealer, a 83
wholesale motor vehicle dealer, trailer dealer, or boat 84
dealer shall furnish with the application a corporate surety 85
bond or an irrevocable letter of credit as defined in 86
section 400.5-102, issued by any state or federal financial 87
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institution in the penal sum of fifty thousand dollars on a 88
form approved by the department. The bond or irrevocable 89
letter of credit shall be conditioned upon the dealer 90
complying with the provisions of the statutes applicable to 91
new motor vehicle franchise dealers, used motor vehicle 92
dealers, powersport dealers, wholesale motor vehicle 93
dealers, trailer dealers, and boat dealers, and the bond 94
shall be an indemnity for any loss sustained by reason of 95
the acts of the person bonded when such acts constitute 96
grounds for the suspension or revocation of the dealer's 97
license. The bond shall be executed in the name of the 98
state of Missouri for the benefit of all aggrieved parties 99
or the irrevocable letter of credit shall name the state of 100
Missouri as the beneficiary; except, that the aggregate 101
liability of the surety or financial institution to the 102
aggrieved parties shall, in no event, exceed the amount of 103
the bond or irrevocable letter of credit. Additionally, 104
every applicant as a new motor vehicle franchise dealer, a 105
used motor vehicle dealer, a powersport dealer, a wholesale 106
motor vehicle dealer, or boat dealer shall furnish with the 107
application a copy of a current dealer garage policy bearing 108
the policy number and name of the insurer and the insured. 109
The proceeds of the bond or irrevocable letter of credit 110
furnished by an applicant shall be paid upon receipt by the 111
department of a final judgment from a Missouri court of 112
competent jurisdiction against the principal and in favor of 113
an aggrieved party. The proceeds of the bond or irrevocable 114
letter of credit furnished by an applicant shall be paid at 115
the order of the department and in the amount determined by 116
the department to any buyer or interested lienholder up to 117
the greater of the amount required for the release of the 118
purchase money lien or the sales price paid by the buyer 119
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where a dealer has failed to fulfill the dealer's 120
obligations under an agreement to assign and deliver title 121
to the buyer within thirty days under a contract entered 122
into pursuant to subsection 5 of section 301.210. The 123
department shall direct release of the bond or irrevocable 124
letter of credit proceeds upon presentation of a written 125
agreement entered into pursuant to subsection 5 of section 126
301.210, copies of the associated sales and finance 127
documents, and the affidavit or affidavits of the buyer or 128
lienholder stating that the certificate of title with 129
assignment thereof has not been passed to the buyer within 130
thirty days of the date of the contract entered into under 131
subsection 5 of section 301.210, that the dealer has not 132
fulfilled the agreement under the contract to repurchase the 133
vehicle, that the buyer or the lienholder has notified the 134
dealer of the claim on the bond or letter of credit, and the 135
amount claimed by the purchaser or lienholder. In addition, 136
prior to directing release and payment of the proceeds of a 137
bond or irrevocable letter of credit, the department shall 138
ensure that there is satisfactory evidence to establish that 139
the vehicle which is subject to the written agreement has 140
been returned by the buyer to the dealer or that the buyer 141
has represented to the department that the buyer will 142
surrender possession of the vehicle to the dealer upon 143
payment of the proceeds of the bond or letter of credit 144
directed by the department. Excepting ordinary wear and 145
tear or mechanical failures not caused by the buyer, the 146
amount of proceeds to be paid to the buyer under the bond or 147
irrevocable letter of credit shall be reduced by an amount 148
equivalent to any damage, abuse, or destruction incurred by 149
the vehicle while the vehicle was in the buyer's possession 150
as agreed between the buyer and the dealer. The dealer may 151
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apply to a court of competent jurisdiction to contest the 152
claim on the bond or letter of credit, including the amount 153
of the claim and the amount of any adjustment for any 154
damage, abuse, or destruction, by filing a petition with the 155
court within thirty days of the notification by the buyer or 156
lienholder. If the dealer does not fulfill the agreement or 157
file a petition to request judicial relief from the terms of 158
the agreement or contest the amount of the claim, the bond 159
or letter of credit shall be released by the department and 160
directed paid in the amount or amounts presented by the 161
lienholder or buyer; 162
(4) Payment of all necessary license fees as 163
established by the department. In establishing the amount 164
of the annual license fees, the department shall, as near as 165
possible, produce sufficient total income to offset 166
operational expenses of the department relating to the 167
administration of sections 301.550 to 301.580. All fees 168
payable pursuant to the provisions of sections 301.550 to 169
301.580[, other than those fees collected for the issuance 170
of dealer plates or certificates of number collected 171
pursuant to subsection 6 of this section,] shall be 172
collected by the department for deposit in the state 173
treasury to the credit of the "Motor Vehicle Commission 174
Fund", which is hereby created. The motor vehicle 175
commission fund shall be administered by the Missouri 176
department of revenue. The provisions of section 33.080 to 177
the contrary notwithstanding, money in such fund shall not 178
be transferred and placed to the credit of the general 179
revenue fund until the amount in the motor vehicle 180
commission fund at the end of the biennium exceeds two times 181
the amount of the appropriation from such fund for the 182
preceding fiscal year or, if the department requires permit 183
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renewal less frequently than yearly, then three times the 184
appropriation from such fund for the preceding fiscal year. 185
The amount, if any, in the fund which shall lapse is that 186
amount in the fund which exceeds the multiple of the 187
appropriation from such fund for the preceding fiscal year. 188
2. In the event a new vehicle manufacturer, boat 189
manufacturer, motor vehicle dealer, wholesale motor vehicle 190
dealer, boat dealer, powersport dealer, wholesale motor 191
vehicle auction, trailer dealer, or a public motor vehicle 192
auction submits an application for a license for a new 193
business and the applicant has complied with all the 194
provisions of this section, the department shall make a 195
decision to grant or deny the license to the applicant 196
within eight working hours after receipt of the dealer's 197
application, notwithstanding any rule of the department. 198
3. Except as otherwise provided in subsection 6 of 199
this section, upon the initial issuance of a license by the 200
department, the department shall assign a distinctive dealer 201
license number or certificate of number to the applicant and 202
the department shall issue one number plate or certificate 203
bearing the distinctive dealer license number or certificate 204
of number and two additional number plates or certificates 205
of number within eight working hours after presentment of 206
the application and payment by the applicant of a fee of 207
fifty dollars for the first plate, tab, or certificate and 208
ten dollars and fifty cents for each additional plate, tab, 209
or certificate. Upon renewal, the department shall issue 210
[the distinctive dealer license number or certificate of 211
number] a renewal tab to be placed on the lower right corner 212
of the plate or certificate as quickly as possible. The 213
issuance of such distinctive dealer license number or 214
certificate of number, and tab or tabs, shall be in lieu of 215
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registering each motor vehicle, trailer, vessel or vessel 216
trailer dealt with by a boat dealer, boat manufacturer, 217
manufacturer, public motor vehicle auction, wholesale motor 218
vehicle dealer, wholesale motor vehicle auction or new or 219
used motor vehicle dealer. The license plates described in 220
this section shall be made with fully reflective material 221
with a common color scheme and design, shall be clearly 222
visible at night, and shall be aesthetically attractive, as 223
prescribed by section 301.130. 224
4. Notwithstanding any other provision of the law to 225
the contrary, the department shall assign the following 226
distinctive dealer license numbers to: 227
228
229
New motor vehicle franchise
dealers
D-0 through D-999
230
231
New powersport dealers D-1000 through D-
1999

232
233
Used motor vehicle and used
powersport dealers
D-2000 through D-
9999

234 Wholesale motor vehicle
dealers
W-0 through W-1999
235
236
Wholesale motor vehicle
auctions
WA-0 through WA-999
237 New and used trailer dealers T-0 through T-9999
238
239
Motor vehicle, trailer, and
boat manufacturers
DM-0 through DM-999
240 Public motor vehicle auctions A-0 through A-1999
241 Boat dealers M-0 through M-9999
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For purposes of this subsection, qualified transactions 244
shall include the purchase of salvage titled vehicles by a 245
licensed salvage dealer. A used motor vehicle dealer who 246
also holds a salvage dealer's license shall be allowed one 247
additional plate or certificate number per fifty-unit 248
qualified transactions annually. In order for salvage 249
dealers to obtain number plates or certificates under this 250
section, dealers shall submit to the department of revenue 251
on August first of each year a statement certifying, under 252
penalty of perjury, the dealer's number of purchases during 253
the reporting period of July first of the immediately 254
preceding year to June thirtieth of the present year. The 255
provisions of this subsection shall become effective on the 256
date the director of the department of revenue begins to 257
reissue new license plates under section 301.130, or on 258
December 1, 2008, whichever occurs first. If the director 259
of revenue begins reissuing new license plates under the 260
authority granted under section 301.130 prior to December 1, 261
2008, the director of the department of revenue shall notify 262
the revisor of statutes of such fact. 263
5. Upon the sale of a currently licensed motor vehicle 264
dealership the department shall, upon request, authorize the 265
new approved dealer applicant to retain the selling dealer's 266
license number and shall cause the new dealer's records to 267
indicate such transfer. If the new approved dealer 268
applicant elects not to retain the selling dealer's license 269
number, the department shall issue the new dealer applicant 270
a new dealer's license number and an equal number of plates 271
242
243
New and used recreational
motor vehicle dealers
RV-0 through RV-999
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or certificates as the department had issued to the selling 272
dealer. 273
6. In the case of motor vehicle dealers, the 274
department shall issue one number plate bearing the 275
distinctive dealer license number and may issue one 276
additional number plate to the applicant upon payment by the 277
dealer of a fifty dollar fee per plate for the number plate 278
bearing the distinctive dealer license number and ten 279
dollars and fifty cents for the additional number plate. 280
[The department may issue a third plate to the motor vehicle 281
dealer upon completion of the dealer's fifteenth qualified 282
transaction and payment of a fee of ten dollars and fifty 283
cents.] In the case of new motor vehicle manufacturers, 284
powersport dealers, recreational motor vehicle dealers, and 285
trailer dealers, the department shall issue one number plate 286
bearing the distinctive dealer license number and may issue 287
two additional number plates to the applicant upon payment 288
by the manufacturer or dealer of a fifty dollar fee for 289
[the] each number plate bearing the distinctive dealer 290
license number and ten dollars and fifty cents for each 291
additional number plate. Boat dealers and boat 292
manufacturers shall be entitled to one certificate of number 293
bearing such number upon the payment of a fifty dollar fee. 294
Additional number plates and as many additional certificates 295
of number may be obtained upon payment of a fee of ten 296
dollars and fifty cents for each additional plate or 297
certificate. New motor vehicle manufacturers shall not be 298
issued or possess more than three hundred forty-seven 299
additional number plates or certificates of number 300
annually. New and used motor vehicle dealers, powersport 301
dealers, wholesale motor vehicle dealers, boat dealers, and 302
trailer dealers are limited to one additional plate or 303
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certificate of number per ten-unit qualified transactions 304
annually. New and used recreational motor vehicle dealers 305
are limited to two additional plates or certificate of 306
number per ten-unit qualified transactions annually for 307
their first fifty transactions and one additional plate or 308
certificate of number per ten-unit qualified transactions 309
thereafter. An applicant seeking the issuance of an initial 310
license shall indicate on his or her initial application the 311
applicant's proposed annual number of sales in order for the 312
director to issue the appropriate number of additional 313
plates or certificates of number. A motor vehicle dealer, 314
trailer dealer, boat dealer, powersport dealer, recreational 315
motor vehicle dealer, motor vehicle manufacturer, boat 316
manufacturer, or wholesale motor vehicle dealer obtaining a 317
distinctive dealer license plate or certificate of number or 318
additional license plate or additional certificate of 319
number, throughout the calendar year, shall be required to 320
pay a fee for such license plates or certificates of number 321
computed on the basis of one-twelfth of the full fee 322
prescribed for the original and duplicate number plates or 323
certificates of number for such dealers' licenses, 324
multiplied by the number of months remaining in the 325
licensing period for which the dealer or manufacturers shall 326
be required to be licensed. In the event of a renewing 327
dealer, the fee due at the time of renewal shall not be 328
prorated. Wholesale and public auctions shall be issued a 329
certificate of dealer registration in lieu of a dealer 330
number plate. In order for dealers to obtain number plates 331
or certificates under this section, dealers shall submit to 332
the department of revenue on August first of each year a 333
statement certifying, under penalty of perjury, the dealer's 334
number of sales during the [reporting period of July first 335
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of the immediately preceding year to June thirtieth of the 336
present year] last calendar year of the previous license 337
period. 338
7. The plates issued pursuant to subsection 3 or 6 of 339
this section may be displayed on any motor vehicle owned by 340
a new motor vehicle manufacturer. The plates issued 341
pursuant to subsection 3 or 6 of this section may be 342
displayed on any motor vehicle or trailer owned and held for 343
resale by a motor vehicle dealer for use by a customer who 344
is test driving the motor vehicle, for use by any customer 345
while the customer's vehicle is being serviced or repaired 346
by the motor vehicle dealer, for use and display purposes 347
during, but not limited to, parades, private events, 348
charitable events, or for use by an employee or officer, but 349
shall not be displayed on any motor vehicle or trailer hired 350
or loaned to others or upon any regularly used service or 351
wrecker vehicle. Motor vehicle dealers may display their 352
dealer plates on a tractor, truck or trailer to demonstrate 353
a vehicle under a loaded condition. Trailer dealers may 354
display their dealer license plates in like manner, except 355
such plates may only be displayed on trailers owned and held 356
for resale by the trailer dealer. 357
8. The certificates of number issued pursuant to 358
subsection 3 or 6 of this section may be displayed on any 359
vessel or vessel trailer owned and held for resale by a boat 360
manufacturer or a boat dealer, and used by a customer who is 361
test driving the vessel or vessel trailer, or is used by an 362
employee or officer on a vessel or vessel trailer only, but 363
shall not be displayed on any motor vehicle owned by a boat 364
manufacturer, boat dealer, or trailer dealer, or vessel or 365
vessel trailer hired or loaned to others or upon any 366
regularly used service vessel or vessel trailer. Boat 367
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dealers and boat manufacturers may display their certificate 368
of number on a vessel or vessel trailer when transporting a 369
vessel or vessels to an exhibit or show. 370
9. If any law enforcement officer has probable cause 371
to believe that any license plate or certificate of number 372
issued under subsection 3 or 6 of this section is being 373
misused in violation of subsection 7 or 8 of this section, 374
the license plate or certificate of number may be seized and 375
surrendered to the department. 376
10. (1) Every application for the issuance of a used 377
motor vehicle dealer's license shall be accompanied by proof 378
that the applicant, within the last twelve months, has 379
completed an educational seminar course approved by the 380
department as prescribed by subdivision (2) of this 381
subsection. Wholesale and public auto auctions and 382
applicants currently holding a new or used license for a 383
separate dealership shall be exempt from the requirements of 384
this subsection. The provisions of this subsection shall 385
not apply to current new motor vehicle franchise dealers or 386
motor vehicle leasing agencies or applicants for a new motor 387
vehicle franchise or a motor vehicle leasing agency. The 388
provisions of this subsection shall not apply to used motor 389
vehicle dealers who were licensed prior to August 28, 2006. 390
(2) The educational seminar shall include, but is not 391
limited to, the dealer requirements of sections 301.550 to 392
301.580, the rules promulgated to implement, enforce, and 393
administer sections 301.550 to 301.580, and any other rules 394
and regulations promulgated by the department. 395
301.570. 1. It shall be unlawful for any person, 1
partnership, corporation, company or association, unless the 2
seller is a financial institution, or is selling repossessed 3
motor vehicles or is disposing of vehicles used and titled 4
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solely in its ordinary course of business or is a collector 5
of antique motor vehicles, to sell or display with an intent 6
to sell [six] twelve or more motor vehicles in a calendar 7
year, except when such motor vehicles are registered in the 8
name of the seller, unless such person, partnership, 9
corporation, company or association is: 10
(1) Licensed as a motor vehicle dealer by the 11
department under the provisions of sections 301.550 to 12
301.580; 13
(2) Exempt from licensure as a motor vehicle dealer 14
pursuant to subsection 4 of section 301.559; 15
(3) Selling commercial motor vehicles with a gross 16
weight of at least nineteen thousand five hundred pounds, 17
but only with respect to such commercial motor vehicles; 18
(4) An auctioneer, acting at the request of the owner 19
at an auction, when such auction is not a public motor 20
vehicle auction. 21
2. Any person, partnership, corporation, company or 22
association that has reason to believe that the provisions 23
of this section are being violated shall file a complaint 24
with the prosecuting attorney in the county in which the 25
violation occurred. The prosecuting attorney shall 26
investigate the complaint and take appropriate action. 27
3. For the purposes of sections 301.550 to 301.580, 28
the sale, barter, exchange, lease or rental with option to 29
purchase of [six] twelve or more motor vehicles in a 30
calendar year by any person, partnership, corporation, 31
company or association, whether or not the motor vehicles 32
are owned by them, shall be prima facie evidence of intent 33
to make a profit or gain of money and such person, 34
partnership, corporation, company or association shall be 35
SB 1632 86
deemed to be acting as a motor vehicle dealer without a 36
license. 37
4. Any person, partnership, corporation, company or 38
association who violates subsection 1 of this section is 39
guilty of a class A misdemeanor. A second or subsequent 40
conviction shall be deemed a class E felony. 41
5. The provisions of this section shall not apply to 42
liquidation of an estate. 43
302.170. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Biometric data" shall include, but not be limited 3
to, the following: 4
(a) Voice data used for comparing live speech with a 5
previously created speech model of a person's voice; 6
(b) Iris recognition data containing color or texture 7
patterns or codes; 8
(c) Retinal scans, reading through the pupil to 9
measure blood vessels lining the retina; 10
(d) Fingerprint, palm prints, hand geometry, measure 11
of any and all characteristics of biometric information, 12
including shape and length of fingertips, or recording ridge 13
pattern or fingertip characteristics; 14
(e) Characteristic gait or walk; 15
(f) DNA; 16
(g) Keystroke dynamic, measuring pressure applied to 17
key pads or other digital receiving devices; 18
(2) "Commercial purposes" shall not include data used 19
or compiled solely to be used for, or obtained or compiled 20
solely for purposes expressly allowed under Missouri law or 21
the federal Drivers Privacy Protection Act; 22
(3) "Source documents", original or certified copies, 23
where applicable, of documents presented by an applicant as 24
SB 1632 87
required under 6 CFR Part 37 to the department of revenue to 25
apply for a driver's license or nondriver's license. Source 26
documents shall also include any documents required for the 27
issuance of driver's licenses or nondriver's licenses by the 28
department of revenue under the provisions of this chapter 29
or accompanying regulations. 30
2. Except as provided in subsection 3 of this section 31
and as required to carry out the provisions of subsection 4 32
of this section, the department of revenue shall not retain 33
copies, in any format, of source documents presented by 34
individuals applying for or holding driver's licenses or 35
nondriver's licenses or use technology to capture digital 36
images of source documents so that the images are capable of 37
being retained in electronic storage in a transferable 38
format. 39
3. The provisions of this section shall not apply to: 40
(1) Original application forms, which may be retained 41
but not scanned except as provided in this section; 42
(2) Test score documents issued by state highway 43
patrol driver examiners and Missouri commercial third-party 44
tester examiners; 45
(3) Documents demonstrating lawful presence of any 46
applicant who is not a citizen of the United States, 47
including documents demonstrating duration of the person's 48
lawful presence in the United States; 49
(4) Any document required to be retained under federal 50
motor carrier regulations in Title 49, Code of Federal 51
Regulations, including but not limited to documents required 52
by federal law for the issuance of a commercial driver's 53
license and a commercial driver instruction permit; 54
(5) Documents submitted by a commercial driver's 55
license or commercial driver's instruction permit applicant 56
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who is a Missouri resident and is a qualified current or 57
former military service member which allow for waiver of the 58
commercial driver's license knowledge test, skills test, or 59
both; and 60
(6) Any other document at the request of and for the 61
convenience of the applicant. 62
4. (1) To the extent not prohibited under subsection 63
13 of this section, the department of revenue shall amend 64
procedures for applying for a driver's license or 65
identification card in order to comply with the goals or 66
standards of the federal REAL ID Act of 2005, any rules or 67
regulations promulgated under the authority granted in such 68
Act, or any requirements adopted by the American Association 69
of Motor Vehicle Administrators for furtherance of the Act, 70
unless such action conflicts with Missouri law. 71
(2) The department of revenue shall issue driver's 72
licenses or identification cards that are compliant with the 73
federal REAL ID Act of 2005, as amended, to all applicants 74
for driver's licenses or identification cards unless an 75
applicant requests a driver's license or identification card 76
that is not REAL ID compliant. Except as provided in 77
subsection 3 of this section and as required to carry out 78
the provisions of this subsection, the department of revenue 79
shall not retain the source documents of individuals 80
applying for driver's licenses or identification cards not 81
compliant with REAL ID. Upon initial application for a 82
driver's license or identification card, the department 83
shall inform applicants of the option of being issued a REAL 84
ID compliant driver's license or identification card or a 85
driver's license or identification card that is not 86
compliant with REAL ID. The department shall inform all 87
applicants: 88
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(a) With regard to the REAL ID compliant driver's 89
license or identification card: 90
a. Such card is valid for official state purposes and 91
for official federal purposes as outlined in the federal 92
REAL ID Act of 2005, as amended, such as domestic air travel 93
and seeking access to military bases and most federal 94
facilities; 95
b. Electronic copies of source documents will be 96
retained by the department [and destroyed after the minimum 97
time required for digital retention by the federal REAL ID 98
Act of 2005, as amended]; and 99
c. The facial image capture will only be retained by 100
the department if the application is finished and submitted 101
to the department; [and 102
d. Any other information the department deems 103
necessary to inform the applicant about the REAL ID 104
compliant driver's license or identification card under the 105
federal REAL ID Act;] 106
(b) With regard to a driver's license or 107
identification card that is not compliant with the federal 108
REAL ID Act: 109
a. Such card is valid for official state purposes, but 110
it is not valid for official federal purposes as outlined in 111
the federal REAL ID Act of 2005, as amended, such as 112
domestic air travel and seeking access to military bases and 113
most federal facilities; 114
b. Source documents will be verified [but no copies 115
of] and such documents will be retained by the department 116
[unless permitted under subsection 3 of this section, except 117
as necessary to process a request by a license or card 118
holder or applicant]; 119
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c. Any other information the department deems 120
necessary to inform the applicant about the driver's license 121
or identification card. 122
5. The department of revenue shall not use, collect, 123
obtain, share, or retain biometric data nor shall the 124
department use biometric technology to produce a driver's 125
license or nondriver's license or to uniquely identify 126
licensees or license applicants. This subsection shall not 127
apply to digital images nor licensee signatures required for 128
the issuance of driver's licenses and nondriver's licenses 129
or for the use of software for purposes of combating fraud, 130
or to biometric data collected from employees of the 131
department of revenue, employees of the office of 132
administration who provide information technology support to 133
the department of revenue, contracted license offices, and 134
contracted manufacturers engaged in the production, 135
processing, or manufacture of driver's licenses or 136
identification cards in positions which require a background 137
check in order to be compliant with the federal REAL ID Act 138
or any rules or regulations promulgated under the authority 139
of such Act. Except as otherwise provided by law, 140
applicants' source documents and Social Security numbers 141
shall not be stored in any database accessible by any other 142
state or the federal government. Such database shall 143
contain only the data fields included on driver's licenses 144
and nondriver identification cards compliant with the 145
federal REAL ID Act, and the driving records of the 146
individuals holding such driver's licenses and nondriver 147
identification cards. 148
6. Notwithstanding any provision of this chapter that 149
requires an applicant to provide reasonable proof of lawful 150
presence for issuance or renewal of a noncommercial driver's 151
SB 1632 91
license, noncommercial instruction permit, or a nondriver's 152
license, an applicant shall not have his or her privacy 153
rights violated in order to obtain or renew a Missouri 154
noncommercial driver's license, noncommercial instruction 155
permit, or a nondriver's license. 156
7. No citizen of this state shall have his or her 157
privacy compromised by the state or agents of the state. 158
The state shall within reason protect the sovereignty of the 159
citizens the state is entrusted to protect. Any data 160
derived from a person's application shall not be sold for 161
commercial purposes to any other organization or any other 162
state without the express permission of the applicant 163
without a court order; except such information may be shared 164
with a law enforcement agency, judge, prosecuting attorney, 165
or officer of the court, or with another state for the 166
limited purposes set out in section 302.600, or for the 167
purposes set forth in section 32.091, or for conducting 168
driver history checks in compliance with the Motor Carrier 169
Safety Improvement Act, 49 U.S.C. Section 31309. The state 170
of Missouri shall protect the privacy of its citizens when 171
handling any written, digital, or electronic data, and shall 172
not participate in any standardized identification system 173
using driver's and nondriver's license records except as 174
provided in this section. 175
8. Other than to process a request by a license or 176
card holder or applicant, no person shall knowingly access, 177
distribute, or allow access to or distribution of any 178
written, digital, or electronic data collected or retained 179
under this section without the express permission of the 180
applicant or a court order, except that such information may 181
be shared with a law enforcement agency, judge, prosecuting 182
attorney, or officer of the court, or with another state for 183
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the limited purposes set out in section 302.600 or for 184
conducting driver history checks in compliance with the 185
Motor Carrier Safety Improvement Act, 49 U.S.C. Section 186
31309. A first violation of this subsection shall be a 187
class A misdemeanor. A second violation of this subsection 188
shall be a class E felony. A third or subsequent violation 189
of this subsection shall be a class D felony. 190
9. Any person harmed or damaged by any violation of 191
this section may bring a civil action for damages, including 192
noneconomic and punitive damages, as well as injunctive 193
relief, in the circuit court where that person resided at 194
the time of the violation or in the circuit court of Cole 195
County to recover such damages from the department of 196
revenue and any persons participating in such violation. 197
Sovereign immunity shall not be available as a defense for 198
the department of revenue in such an action. In the event 199
the plaintiff prevails on any count of his or her claim, the 200
plaintiff shall be entitled to recover reasonable attorney 201
fees from the defendants. 202
10. The department of revenue may promulgate rules 203
necessary to implement the provisions of this section. Any 204
rule or portion of a rule, as that term is defined in 205
section 536.010, that is created under the authority 206
delegated in this section shall become effective only if it 207
complies with and is subject to all of the provisions of 208
chapter 536 and, if applicable, section 536.028. This 209
section and chapter 536 are nonseverable and if any of the 210
powers vested with the general assembly pursuant to chapter 211
536 to review, to delay the effective date, or to disapprove 212
and annul a rule are subsequently held unconstitutional, 213
then the grant of rulemaking authority and any rule proposed 214
or adopted after August 28, 2017, shall be invalid and void. 215
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11. Biometric data, digital images, source documents, 216
and licensee signatures, or any copies of the same, required 217
to be collected or retained to comply with the requirements 218
of the federal REAL ID Act of 2005 shall be digitally 219
retained for no longer than the minimum duration required to 220
maintain compliance, and immediately thereafter shall be 221
securely destroyed so as to make them irretrievable. 222
12. No agency, department, or official of this state 223
or of any political subdivision thereof shall use, collect, 224
obtain, share, or retain radio frequency identification data 225
from a REAL ID compliant driver's license or identification 226
card issued by a state, nor use the same to uniquely 227
identify any individual. 228
13. Notwithstanding any provision of law to the 229
contrary, the department of revenue shall not amend 230
procedures for applying for a driver's license or 231
identification card, nor promulgate any rule or regulation, 232
for purposes of complying with modifications made to the 233
federal REAL ID Act of 2005 after August 28, 2017, imposing 234
additional requirements on applications, document retention, 235
or issuance of compliant licenses or cards, including any 236
rules or regulations promulgated under the authority granted 237
under the federal REAL ID Act of 2005, as amended, or any 238
requirements adopted by the American Association of Motor 239
Vehicle Administrators for furtherance thereof. 240
14. If the federal REAL ID Act of 2005 is modified or 241
repealed such that driver's licenses and identification 242
cards issued by this state that are not compliant with the 243
federal REAL ID Act of 2005 are once again sufficient for 244
federal identification purposes, the department shall not 245
issue a driver's license or identification card that 246
complies with the federal REAL ID Act of 2005 and shall 247
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securely destroy, within thirty days, any source documents 248
retained by the department for the purpose of compliance 249
with such Act. 250
307.350. 1. The owner of every motor vehicle as 1
defined in section 301.010 which is required to be 2
registered in this state, except: 3
(1) Motor vehicles having less than one hundred fifty 4
thousand miles, for the ten-year period following their 5
model year of manufacture, excluding prior salvage vehicles 6
immediately following a rebuilding process and vehicles 7
subject to the provisions of section 307.380; 8
(2) Those motor vehicles which are engaged in 9
interstate commerce and are proportionately registered in 10
this state with the Missouri highway reciprocity commission, 11
although the owner may request that such vehicle be 12
inspected by an official inspection station, and a peace 13
officer may stop and inspect such vehicles to determine 14
whether the mechanical condition is in compliance with the 15
safety regulations established by the United States 16
Department of Transportation; and 17
(3) Historic motor vehicles registered pursuant to 18
section 301.131; 19
(4) Vehicles registered in excess of twenty-four 20
thousand pounds for a period of less than twelve months; 21
shall submit such vehicles to a biennial inspection of their 22
mechanism and equipment in accordance with the provisions of 23
sections 307.350 to 307.390 and obtain a certificate of 24
inspection and approval and a sticker, seal, or other device 25
from a duly authorized official inspection station. The 26
inspection, except the inspection of school buses which 27
shall be made at the time provided in section 307.375, shall 28
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be made at the time prescribed in the rules and regulations 29
issued by the superintendent of the Missouri state highway 30
patrol; but the inspection of a vehicle shall not be made 31
more than sixty days prior to the date of application for 32
registration or within sixty days of when a vehicle's 33
registration is transferred; however, if a vehicle was 34
purchased from a motor vehicle dealer and a valid inspection 35
had been made within sixty days of the purchase date, the 36
new owner shall be able to utilize an inspection performed 37
within ninety days prior to the application for registration 38
or transfer. [Any vehicle manufactured as an even-numbered 39
model year vehicle shall be inspected and approved pursuant 40
to the safety inspection program established pursuant to 41
sections 307.350 to 307.390 in each even-numbered calendar 42
year and any such vehicle manufactured as an odd-numbered 43
model year vehicle shall be inspected and approved pursuant 44
to sections 307.350 to 307.390 in each odd-numbered year.] 45
The certificate of inspection and approval shall be a 46
sticker, seal, or other device or combination thereof, as 47
the superintendent of the Missouri state highway patrol 48
prescribes by regulation and shall be displayed upon the 49
motor vehicle or trailer as prescribed by the regulations 50
established by him. The replacement of certificates of 51
inspection and approval which are lost or destroyed shall be 52
made by the superintendent of the Missouri state highway 53
patrol under regulations prescribed by him. 54
2. For the purpose of obtaining an inspection only, it 55
shall be lawful to operate a vehicle over the most direct 56
route between the owner's usual place of residence and an 57
inspection station of such owner's choice, notwithstanding 58
the fact that the vehicle does not have a current state 59
registration license. It shall also be lawful to operate 60
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such a vehicle from an inspection station to another place 61
where repairs may be made and to return the vehicle to the 62
inspection station notwithstanding the absence of a current 63
state registration license. 64
3. No person whose motor vehicle was duly inspected 65
and approved as provided in this section shall be required 66
to have the same motor vehicle again inspected and approved 67
for the sole reason that such person wishes to obtain a set 68
of any special personalized license plates available 69
pursuant to section 301.144 or a set of any license plates 70
available pursuant to section 301.142, prior to the 71
expiration date of such motor vehicle's current registration. 72
4. Notwithstanding any provision of law to the 73
contrary, a valid safety inspection shall be required for 74
all registration issuances and renewals of a motor vehicle 75
subject to safety inspection under this section. 76
5. Notwithstanding the provisions of section 307.390, 77
violation of this section shall be deemed an infraction. 78
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
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manufactured as an odd-numbered model year vehicle shall be 15
inspected and approved under the emissions inspection 16
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 26
in conformity with the procedure required by sections 27
307.350 to 307.390 and sections 643.300 to 643.355. The 28
director of revenue may verify that a successful safety and 29
emissions 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
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which are domiciled and operated exclusively in an area of 47
the state not subject to the inspection requirements of 48
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
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(11) Motor vehicles that are driven fewer than twelve 78
thousand miles between biennial safety inspections; and 79
(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, may choose to sell a 93
motor vehicle subject to the inspection requirements of 94
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
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of registration of such vehicle, such inspection shall be 109
considered timely. 110
(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
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5. Notwithstanding any provision of law to the 140
contrary, a valid emissions inspection shall be required for 141
all registration issuances and renewals of a motor vehicle 142
subject to emissions inspection under this section. 143
Section B. The repeal and reenactment of sections 1
144.070, 301.055, 301.070, 301.110, 301.140, 301.142, 2
301.147, 301.550, 301.560, 301.570, 302.170, 307.350, and 3
643.315 of this act shall take effect as soon as 4
technologically possible following the development and 5
maintenance of a modernized, integrated system for the 6
titling of vehicles, issuance and renewal of vehicle 7
registrations, issuance and renewal of driver's licenses and 8
identification cards, and perfection and release of liens 9
and encumbrances on vehicles, to be funded by the motor 10
vehicle administration technology fund as created in section 11
301.558. Following the development of the system, the 12
director of the department of revenue shall notify the 13
governor, the secretary of state, and the revisor of 14
statutes, and shall implement the provisions of sections 15
144.070, 301.055, 301.070, 301.110, 301.140, 301.142, 16
301.147, 301.550, 301.560, 301.570, 302.170, 307.350, and 17
643.315 of this act. 18
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