HOUSE BILL NO. 1420 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE MAYHEW.
2067H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 301.190, RSMo, and to enact in lieu thereof seven new sections relating to auto theft prevention.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 301.190, RSMo, is repealed and seven new sections enacted in 2 lieu thereof, to be known as sections 43.280, 43.282, 43.284, 43.285, 43.286, 43.287, and 3 301.190, to read as follows: 43.280. Sections 43.280 to 43.287 shall be known and may be cited as the "Auto 2 Theft Prevention Act". 43.282. 1. There is hereby created within the department of public safety the 2 "Auto Theft Prevention Program". Under the program, law enforcement agencies or 3 other qualified applicants may apply for grants to assist in improving and supporting 4 automobile theft prevention programs or programs for the enforcement of prosecution 5 of automobile theft crimes through statewide planning and coordination. 6 2. Matters relating to the supervision, authority, and control over the auto theft 7 prevention program shall be at the discretion of the "Auto Theft Prevention 8 Commission", which is hereby established. Any allocation of moneys by the 9 commission under sections 43.280 to 43.287, including grants awarded under section 10 43.284, shall receive approval from the director of the department of public safety prior 11 to any such allocation. The commission shall consist of the following members: 12 (1) The superintendent of the Missouri state highway patrol or his or her 13 designee; 14 (2) The following persons, appointed by the governor:
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1420 2
15 (a) A representative from the department of revenue, as designated by the 16 director of revenue, who is employed by a division that investigates and regulates fraud 17 relating to motor vehicle dealers, salvage dealers, and consumers; 18 (b) A law enforcement representative as designated by the Missouri Sheriffs' 19 Association; 20 (c) A law enforcement representative as designated by the Missouri Police Chiefs 21 Association; 22 (d) A law enforcement representative from a major metropolitan policy agency; 23 (e) A prosecuting attorney as designated by the Missouri Association of 24 Prosecuting Attorneys; 25 (f) A representative of the motor vehicle rental industry as designated by the 26 Missouri Rental Dealers Association; 27 (g) A representative from the Missouri Automobile Dealers Association or the 28 Missouri Independent Automobile Dealers Association; 29 (h) A representative from the National Insurance Crime Bureau; 30 (i) A representative from the Missouri Better Business Bureau; and 31 (j) A consumer at large who has been impacted by motor vehicle theft. 32 3. The commission shall elect annually from its membership a chair and a vice 33 chair. A quorum shall consist of a majority of appointed members and may be met by 34 electronic attendance. 35 4. The term of office for each member of the commission who is appointed by the 36 governor shall be four years, except that of the initial appointments, five members shall 37 be appointed for a term of two years and six members shall be appointed for a term of 38 four years. Before the expiration of the term of a member appointed by the governor, 39 the governor shall appoint a successor whose term begins on the next following July 40 first. A member is eligible for reappointment. If there is a vacancy for any cause, the 41 governor shall make an appointment to become effective immediately for the remainder 42 of the unexpired term. 43 5. Members of the commission shall serve without compensation, except that 44 they shall be reimbursed for their reasonable and necessary expenses incurred in the 45 performance of their duties. 46 6. (1) The state highway patrol shall provide to the commission all 47 administration, management, and organization of the commission's activities and 48 grant programs. Subject to available moneys, the commission may appoint a director, 49 who may employ such staff as may be necessary to operate and administer the program. 50 (2) No more than eight percent of the moneys in the fund created under section 51 43.286 shall be used for operational or administrative expenses of the program. HB 1420 3
52 (3) The FTE authorization for any staff necessary to support the program shall 53 be eliminated if sufficient moneys from gifts, grants, or donations are no longer 54 available for the program. 43.284. 1. The commission shall: 2 (1) Establish a grant program for the provision of funds to local law enforcement 3 agencies and multijurisdiction task forces for the following: 4 (a) Prevention, reduction, and investigation of motor vehicle and motor vehicle 5 parts theft; 6 (b) Prevention, reduction, and investigation of motor vehicle-related crime; 7 (c) Establishment of multijurisdiction task forces upon request of local law 8 enforcement agencies; 9 (d) Investigation of fraud related to motor vehicle insurance, motor vehicle 10 dealer purchases, and motor vehicle rental transactions, and other forms of financial 11 fraud relating to motor vehicles; 12 (e) Hiring of personnel by local law enforcement agencies for the purpose of 13 preventing, reducing, and investigating motor vehicle-related crime; 14 (f) Purchase of equipment and technology for support in motor vehicle-related 15 crime prevention, reduction, and investigation; 16 (g) Provision of training to local law enforcement agencies and multijurisdiction 17 task forces relative to motor vehicle-related crime prevention, reduction, and 18 investigation; and 19 (h) Production of public awareness materials and programs relating to motor 20 vehicle-related crime prevention; 21 (2) Promote statewide planning and coordination of the investigation and 22 prosecution of crimes relating to motor vehicle and motor vehicle parts theft; 23 (3) Provide support to local prosecutors handling motor vehicle and motor 24 vehicle parts theft-related-prosecutions; and 25 (4) Provide support to multijurisdiction task forces established by local law 26 enforcement agencies for the purpose of preventing, reducing, and investigating motor 27 vehicle-related crime. 28 2. The commission shall solicit and review applications for grants under this 29 section. The commission may award grants for one to three years. The commission 30 shall give priority to applications representing multijurisdictional programs. Each 31 grant application, at a minimum, shall describe the type of motor vehicle-related crime 32 prevention, reduction, investigation, enforcement, prosecution, or offender 33 rehabilitation program to be implemented. Such programs may include, but shall 34 not be limited to: HB 1420 4
35 (1) Multijurisdiction task forces and programs utilizing the National Insurance 36 Crime Bureau task force that reduce motor vehicle-related crime and increase the 37 apprehension of motor vehicle and motor vehicle parts thieves and persons who attempt 38 to defraud insurance companies; 39 (2) motor vehicle-related crime prevention efforts, activities, and public 40 awareness campaigns intended to reduce victimization by motor vehicle-related crime 41 and fraud; 42 (3) The provision of specialized training for motor vehicle-related crime 43 investigation personnel including, but not limited to, law enforcement personnel, local 44 motor vehicle registration agents and title clerks, and port facility employees, in order to 45 enhance knowledge, skills, procedures, and systems to detect, prevent, and combat 46 motor vehicle-related crime and fraud; 47 (4) The provision of support and maintenance by one or more dedicated 48 prosecutors who have the specific mission and expertise to provide legal guidance and 49 prosecutorial continuity to complex criminal cases arising from the activities of a 50 multijurisdiction task force; and 51 (5) The prevention of future criminal behavior by first-time offenders who have 52 been charged, convicted, or adjudicated for a motor vehicle-related crime. 53 3. Subject to available moneys, the commission shall approve grants under this 54 section. To the extent possible, grants awarded under this section shall be awarded to 55 local law enforcement agencies, multijurisdiction task forces, or other qualified 56 applicants in a variety of geographic areas of the state. The ability to contribute 57 additional moneys or match funding for a program shall not be required as a condition 58 of receipt of a grant under this section. 43.285. 1. The executive director of the department of public safety shall 2 promulgate rules for the administration of sections 43.280 to 43.287, including, but not 3 limited to: 4 (1) Requirements for an entity other than a law enforcement agency to be a 5 qualified applicant; 6 (2) Application procedures by which law enforcement agencies or other qualified 7 applicants may apply for grants pursuant to the grant program established under 8 section 43.284; 9 (3) The criteria for selecting those agencies or other qualified applicants that 10 shall receive grants, and the criteria for determining the amount to be granted to the 11 selected agencies or applicants, and the duration of the grants; and 12 (4) Procedures for reviewing the success of the programs that receive grants. HB 1420 5
13 2. On or before December 1, 2026, any law enforcement agency or other 14 qualified applicant that receives a grant pursuant to section 43.284 shall submit a report 15 to the commission concerning the implementation of the program funded through the 16 grant. 17 3. On or before February 1, 2027, the commission shall report to the judiciary 18 committees of the senate and the house of representatives on the implementation of the 19 programs receiving grants pursuant to this section. The report shall include, but shall 20 not be limited to: 21 (1) The number and geographic jurisdiction of law enforcement agencies or 22 other qualified applicants that received grants under this section and the amount and 23 duration of the grants; 24 (2) The effect that the programs that received grants had on the number of 25 automobile thefts in those areas of the state; 26 (3) Recommendations for legislative changes to assist in the prevention, 27 enforcement, and prosecution of automobile-theft-related criminal activities; and 28 (4) Recommendations for changes in state programs, policies, budgets, and 29 standards relating to improving and supporting the motor vehicle-related crime 30 prevention initiatives of local law enforcement agencies and multijurisdictional task 31 forces. 43.286. 1. There is hereby created in the state treasury the "Auto Theft 2 Prevention Commission Revolving Fund", which shall consist of moneys collected under 3 subdivision (2) of subsection 5 of section 301.190. 4 2. For purposes of this section, the commission may accept and use federal funds 5 granted by Congress or by Executive Order, as well as gifts and donations from 6 individuals, private organizations, or foundations. The acceptance and use of federal 7 funds shall not require state matching funds nor shall such acceptance place an 8 obligation on the general assembly to continue the purposes for which the federal funds 9 are made available. 10 3. The state treasurer shall be custodian of the fund. The fund shall be a 11 dedicated fund and, upon appropriation, moneys in this fund shall be used solely as 12 provided in sections 43.280 to 43.287. Notwithstanding the provisions of section 33.080 13 to the contrary, any moneys remaining in the fund at the end of the biennium shall not 14 revert to the credit of the general revenue fund. The state treasurer shall invest moneys 15 in the fund in the same manner as other funds are invested. Any interest and moneys 16 earned on such investments shall be credited to the fund. 43.287. Under section 23.253 of the Missouri sunset act: HB 1420 6
2 (1) The provisions of the new program authorized under sections 43.280 to 3 43.287 shall automatically sunset six years after the effective date of sections 43.280 to 4 43.287 unless reauthorized by an act of the general assembly; 5 (2) If such program is reauthorized, the program authorized under sections 6 43.280 to 43.287 shall automatically sunset twelve years after the effective date of the 7 reauthorization of sections 43.280 to 43.287; and 8 (3) Sections 43.280 to 43.287 shall terminate on September first of the calendar 9 year immediately following the calendar year in which the program authorized under 10 sections 43.280 to 43.287 is sunset. 301.190. 1. No certificate of registration of any motor vehicle or trailer, or number 2 plate therefor, shall be issued by the director of revenue unless the applicant therefor shall 3 make application for and be granted a certificate of ownership of such motor vehicle or trailer, 4 or shall present satisfactory evidence that such certificate has been previously issued to the 5 applicant for such motor vehicle or trailer. Application shall be made within thirty days after 6 the applicant acquires the motor vehicle or trailer, unless the motor vehicle was acquired 7 under section 301.213 or subsection 5 of section 301.210 in which case the applicant shall 8 make application within thirty days after receiving title from the dealer, upon a blank form 9 furnished by the director of revenue and shall contain the applicant's identification number, a 10 full description of the motor vehicle or trailer, the vehicle identification number, and the 11 mileage registered on the odometer at the time of transfer of ownership, as required by section 12 407.536, together with a statement of the applicant's source of title and of any liens or 13 encumbrances on the motor vehicle or trailer, provided that for good cause shown the director 14 of revenue may extend the period of time for making such application. When an owner wants 15 to add or delete a name or names on an application for certificate of ownership of a motor 16 vehicle or trailer that would cause it to be inconsistent with the name or names listed on the 17 notice of lien, the owner shall provide the director with documentation evidencing the 18 lienholder's authorization to add or delete a name or names on an application for certificate of 19 ownership. 20 2. The director of revenue shall use reasonable diligence in ascertaining whether the 21 facts stated in such application are true and shall, to the extent possible without substantially 22 delaying processing of the application, review any odometer information pertaining to such 23 motor vehicle that is accessible to the director of revenue. If satisfied that the applicant is the 24 lawful owner of such motor vehicle or trailer, or otherwise entitled to have the same 25 registered in his name, the director shall thereupon issue an appropriate certificate over his 26 signature and sealed with the seal of his office, procured and used for such purpose. The 27 certificate shall contain on its face a complete description, vehicle identification number, and 28 other evidence of identification of the motor vehicle or trailer, as the director of revenue may HB 1420 7
29 deem necessary, together with the odometer information required to be put on the face of the 30 certificate pursuant to section 407.536, a statement of any liens or encumbrances which the 31 application may show to be thereon, and, if ownership of the vehicle has been transferred, the 32 name of the state issuing the transferor's title and whether the transferor's odometer mileage 33 statement executed pursuant to section 407.536 indicated that the true mileage is materially 34 different from the number of miles shown on the odometer, or is unknown. 35 3. The director of revenue shall appropriately designate on the current and all 36 subsequent issues of the certificate the words "Reconstructed Motor Vehicle", "Motor Change 37 Vehicle", "Specially Constructed Motor Vehicle", or "Non-USA-Std Motor Vehicle", as 38 defined in section 301.010. Effective July 1, 1990, on all original and all subsequent issues of 39 the certificate for motor vehicles as referenced in subsections 2 and 3 of section 301.020, the 40 director shall print on the face thereof the following designation: "Annual odometer updates 41 may be available from the department of revenue.". On any duplicate certificate, the director 42 of revenue shall reprint on the face thereof the most recent of either: 43 (1) The mileage information included on the face of the immediately prior certificate 44 and the date of purchase or issuance of the immediately prior certificate; or 45 (2) Any other mileage information provided to the director of revenue, and the date 46 the director obtained or recorded that information. 47 4. The certificate of ownership issued by the director of revenue shall be 48 manufactured in a manner to prohibit as nearly as possible the ability to alter, counterfeit, 49 duplicate, or forge such certificate without ready detection. In order to carry out the 50 requirements of this subsection, the director of revenue may contract with a nonprofit 51 scientific or educational institution specializing in the analysis of secure documents to 52 determine the most effective methods of rendering Missouri certificates of ownership 53 nonalterable or noncounterfeitable. 54 5. (1) The fee for each original certificate so issued shall be [eight] thirteen dollars 55 and fifty cents, in addition to the fee for registration of such motor vehicle or trailer. If 56 application for the certificate is not made within thirty days after the vehicle is acquired by the 57 applicant, or where the motor vehicle was acquired under section 301.213 or subsection 5 of 58 section 301.210 and the applicant fails to make application within thirty days after receiving 59 title from the dealer, a delinquency penalty fee of twenty-five dollars for the first thirty days 60 of delinquency and twenty-five dollars for each thirty days of delinquency thereafter, not to 61 exceed a total of two hundred dollars, but such penalty may be waived by the director for a 62 good cause shown. If the director of