HOUSE BILL NO. 2655 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE POLLITT.
6088H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 301.020, 301.140, 301.190, 307.350, and 307.380, RSMo, and to enact in lieu thereof five new sections relating to motor vehicle registration, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 301.020, 301.140, 301.190, 307.350, and 307.380, RSMo, are 2 repealed and five new sections enacted in lieu thereof, to be known as sections 301.020, 3 301.140, 301.190, 307.350, and 307.380, to read as follows: 301.020. 1. Every owner of a motor vehicle or trailer, which shall be operated or 2 driven upon the highways of this state, except as herein otherwise expressly provided, shall 3 annually file, by mail or otherwise, in the office of the director of revenue, an application for 4 registration on a blank to be furnished by the director of revenue for that purpose containing: 5 (1) A brief description of the motor vehicle or trailer to be registered, including the 6 name of the manufacturer, the vehicle identification number, the amount of motive power of 7 the motor vehicle, stated in figures of horsepower and whether the motor vehicle is to be 8 registered as a motor vehicle primarily for business use as defined in section 301.010; 9 (2) The name, the applicant's identification number and address of the owner of such 10 motor vehicle or trailer; 11 (3) The gross weight of the vehicle and the desired load in pounds if the vehicle is a 12 commercial motor vehicle or trailer. 13 2. If the vehicle is a motor vehicle primarily for business use as defined in section 14 301.010 and if such vehicle is [ten years of age or less] model year 2012 or newer and has 15 less than one hundred fifty thousand miles on the odometer, the director of revenue shall
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 2655 2
16 retain the odometer information provided in the vehicle inspection report, and provide for 17 prompt access to such information, together with the vehicle identification number for the 18 motor vehicle to which such information pertains, for a period of ten years after the receipt of 19 such information. This section shall not apply unless: 20 (1) The application for the vehicle's certificate of ownership was submitted after July 21 1, 1989; and 22 (2) The certificate was issued pursuant to a manufacturer's statement of origin. 23 3. If the vehicle is any motor vehicle other than a motor vehicle primarily for business 24 use, a recreational motor vehicle, motorcycle, motortricycle, autocycle, bus, or any 25 commercial motor vehicle licensed for over twelve thousand pounds and if such motor 26 vehicle is [ten years of age or less] model year 2012 or newer and has less than one hundred 27 fifty thousand miles on the odometer, the director of revenue shall retain the odometer 28 information provided in the vehicle inspection report, and provide for prompt access to such 29 information, together with the vehicle identification number for the motor vehicle to which 30 such information pertains, for a period of ten years after the receipt of such information. This 31 subsection shall not apply unless: 32 (1) The application for the vehicle's certificate of ownership was submitted after July 33 1, 1990; and 34 (2) The certificate was issued pursuant to a manufacturer's statement of origin. 35 4. If the vehicle qualifies as a reconstructed motor vehicle, motor change vehicle, 36 specially constructed motor vehicle, non-USA-std motor vehicle, as defined in section 37 301.010, or prior salvage as referenced in section 301.573, the owner or lienholder shall 38 surrender the certificate of ownership. The owner shall make an application for a new 39 certificate of ownership, pay the required title fee, and obtain the vehicle examination 40 certificate required pursuant to subsection 9 of section 301.190. If an insurance company 41 pays a claim on a salvage vehicle as defined in section 301.010 and the owner retains the 42 vehicle, as prior salvage, the vehicle shall only be required to meet the examination 43 requirements under subsection 10 of section 301.190. Notarized bills of sale along with a 44 copy of the front and back of the certificate of ownership for all major component parts 45 installed on the vehicle and invoices for all essential parts which are not defined as major 46 component parts shall accompany the application for a new certificate of ownership. If the 47 vehicle is a specially constructed motor vehicle, as defined in section 301.010, two pictures of 48 the vehicle shall be submitted with the application. If the vehicle is a kit vehicle, the 49 applicant shall submit the invoice and the manufacturer's statement of origin on the kit. If the 50 vehicle requires the issuance of a special number by the director of revenue or a replacement 51 vehicle identification number, the applicant shall submit the required application and 52 application fee. All applications required under this subsection shall be submitted with any HB 2655 3
53 applicable taxes which may be due on the purchase of the vehicle or parts. The director of 54 revenue shall appropriately designate "Reconstructed Motor Vehicle", "Motor Change 55 Vehicle", "Non-USA-Std Motor Vehicle", or "Specially Constructed Motor Vehicle" on the 56 current and all subsequent issues of the certificate of ownership of such vehicle. 57 5. Every insurance company that pays a claim for repair of a motor vehicle which as 58 the result of such repairs becomes a reconstructed motor vehicle as defined in section 301.010 59 or that pays a claim on a salvage vehicle as defined in section 301.010 and the owner is 60 retaining the vehicle shall in writing notify the owner of the vehicle, and in a first party claim, 61 the lienholder if a lien is in effect, that he is required to surrender the certificate of ownership, 62 and the documents and fees required pursuant to subsection 4 of this section to obtain a prior 63 salvage motor vehicle certificate of ownership or documents and fees as otherwise required 64 by law to obtain a salvage certificate of ownership, from the director of revenue. The 65 insurance company shall within thirty days of the payment of such claims report to the 66 director of revenue the name and address of such owner, the year, make, model, vehicle 67 identification number, and license plate number of the vehicle, and the date of loss and 68 payment. 69 6. Anyone who fails to comply with the requirements of this section shall be guilty of 70 a class B misdemeanor. 71 7. An applicant for registration may make a donation of one dollar to promote a 72 blindness education, screening and treatment program. The director of revenue shall collect 73 the donations and deposit all such donations in the state treasury to the credit of the blindness 74 education, screening and treatment program fund established in section 209.015. Moneys in 75 the blindness education, screening and treatment program fund shall be used solely for the 76 purposes established in section 209.015; except that the department of revenue shall retain no 77 more than one percent for its administrative costs. The donation prescribed in this subsection 78 is voluntary and may be refused by the applicant for registration at the time of issuance or 79 renewal. The director shall inquire of each applicant at the time the applicant presents the 80 completed application to the director whether the applicant is interested in making the one 81 dollar donation prescribed in this subsection. 82 8. An applicant for registration may make a donation of an amount not less than one 83 dollar to promote an organ donor program. The director of revenue shall collect the donations 84 and deposit all such donations in the state treasury to the credit of the organ donor program 85 fund as established in sections 194.297 to 194.304. Moneys in the organ donor fund shall be 86 used solely for the purposes established in sections 194.297 to 194.304, except that the 87 department of revenue shall retain no more than one percent for its administrative costs. The 88 donation prescribed in this subsection is voluntary and may be refused by the applicant for 89 registration at the time of issuance or renewal. The director shall inquire of each applicant at HB 2655 4
90 the time the applicant presents the completed application to the director whether the applicant 91 is interested in making a contribution not less than one dollar as prescribed in this subsection. 92 9. An applicant for registration may make a donation of one dollar to the Missouri 93 medal of honor recipients fund. The director of revenue shall collect the donations and 94 deposit all such donations in the state treasury to the credit of the Missouri medal of honor 95 recipients fund as established in section 226.925. Moneys in the medal of honor recipients 96 fund shall be used solely for the purposes established in section 226.925, except that the 97 department of revenue shall retain no more than one percent for its administrative costs. The 98 donation prescribed in this subsection is voluntary and may be refused by the applicant for 99 registration at the time of issuance or renewal. The director shall inquire of each applicant at 100 the time the applicant presents the completed application to the director whether the applicant 101 is interested in making the one dollar donation prescribed in this subsection. 301.140. 1. Upon the transfer of ownership of any motor vehicle or trailer, the 2 certificate of registration and the right to use the number plates shall expire and the number 3 plates shall be removed by the owner at the time of the transfer of possession, and it shall be 4 unlawful for any person other than the person to whom such number plates were originally 5 issued to have the same in his or her possession whether in use or not, unless such possession 6 is solely for charitable purposes; except that the buyer of a motor vehicle or trailer who trades 7 in a motor vehicle or trailer may attach the license plates from the traded-in motor vehicle or 8 trailer to the newly purchased motor vehicle or trailer. The operation of a motor vehicle with 9 such transferred plates shall be lawful for no more than thirty days, or no more than ninety 10 days if the dealer is selling the motor vehicle under the provisions of section 301.213, or no 11 more than sixty days if the dealer is selling the motor vehicle under the provisions of 12 subsection 5 of section 301.210. As used in this subsection, the term "trade-in motor vehicle 13 or trailer" shall include any single motor vehicle or trailer sold by the buyer of the newly 14 purchased vehicle or trailer, as long as the license plates for the trade-in motor vehicle or 15 trailer are still valid. 16 2. In the case of a transfer of ownership the original owner may register another 17 motor vehicle under the same number, upon the payment of a fee of two dollars, if the motor 18 vehicle is of horsepower, gross weight or (in the case of a passenger-carrying commercial 19 motor vehicle) seating capacity, not in excess of that originally registered. When such motor 20 vehicle is of greater horsepower, gross weight or (in the case of a passenger-carrying 21 commercial motor vehicle) seating capacity, for which a greater fee is prescribed, the 22 applicant shall pay a transfer fee of two dollars and a pro rata portion for the difference in 23 fees. When such vehicle is of less horsepower, gross weight or (in case of a passenger- 24 carrying commercial motor vehicle) seating capacity, for which a lesser fee is prescribed, the 25 applicant shall not be entitled to a refund. HB 2655 5
26 3. License plates may be transferred from a motor vehicle which will no longer be 27 operated to a newly purchased motor vehicle by the owner of such vehicles. The owner shall 28 pay a transfer fee of two dollars if the newly purchased vehicle is of horsepower, gross weight 29 or (in the case of a passenger-carrying commercial motor vehicle) seating capacity, not in 30 excess of that of the vehicle which will no longer be operated. When the newly purchased 31 motor vehicle is of greater horsepower, gross weight or (in the case of a passenger-carrying 32 commercial motor vehicle) seating capacity, for which a greater fee is prescribed, the 33 applicant shall pay a transfer fee of two dollars and a pro rata portion of the difference in fees. 34 When the newly purchased vehicle is of less horsepower, gross weight or (in the case of a 35 passenger-carrying commercial motor vehicle) seating capacity, for which a lesser fee is 36 prescribed, the applicant shall not be entitled to a refund. 37 4. (1) The director of the department of revenue shall have authority to produce or 38 allow others to produce a weather resistant, nontearing temporary permit authorizing the 39 operation of a motor vehicle or trailer by a buyer for not more than thirty days, or no more 40 than sixty days if issued by a dealer selling the motor vehicle under the provisions of 41 subsection 5 of section 301.210, from the date of purchase. The temporary permit authorized 42 under this section may be purchased by the purchaser of a motor vehicle or trailer from the 43 central office of the department of revenue or from an authorized agent of the department of 44 revenue upon satisfaction of all applicable taxes under chapter 144, upon proof of purchase of 45 a motor vehicle or trailer for which the buyer has no registration plate available for transfer 46 and upon proof of financial responsibility, or from a motor vehicle dealer upon purchase of a 47 motor vehicle or trailer for which the buyer has no registration plate available for transfer, or 48 from a motor vehicle dealer upon purchase of a motor vehicle or trailer for which the buyer 49 has registered and is awaiting receipt of registration plates. The director of the department of 50 revenue or a producer authorized by the director of the department of revenue may make 51 temporary permits available to registered dealers in this state, authorized agents of the 52 department of revenue or the department of revenue. The price paid by a motor vehicle 53 dealer, an authorized agent of the department of revenue or the department of revenue for a 54 temporary permit shall not exceed five dollars for each permit. The director of the 55 department of revenue shall direct motor vehicle dealers and authorized agents to obtain 56 temporary permits from an authorized producer. Amounts received by the director of the 57 department of revenue for temporary permits shall constitute state revenue; however, amounts 58 received by an authorized producer other than the director of the department of revenue shall 59 not constitute state revenue and any amounts received by motor vehicle dealers or authorized 60 agents for temporary permits purchased from a producer other than the director of the 61 department of revenue shall not constitute state revenue. In no event shall revenues from the 62 general revenue fund or any other state fund be utilized to compensate motor vehicle dealers HB 2655 6
63 or other producers for their role in producing temporary permits as authorized under this 64 section. Amounts that do not constitute state revenue under this section shall also not 65 constitute fees for registration or certificates of title to be collected by the director of the 66 department of revenue under section 301.190. No motor vehicle dealer, authorized agent or 67 the department of revenue shall charge more than five dollars for each permit issued. The 68 permit shall be valid for a period of thirty days, or no more than ninety days if issued by a 69 dealer selling the motor vehicle under the provisions of section 301.213, or no more than sixty 70 days if issued by a dealer selling the motor vehicle under the provisions of subsection 5 of 71 section 301.210, from the date of purchase of a motor vehicle or trailer, or from the date of 72 sale of the motor vehicle or trailer by a motor vehicle dealer for which the purchaser obtains a 73 permit as set out above. No permit shall be issued for a vehicle under this section unless the 74 buyer shows proof of financial responsibility. Each temporary permit issued shall be securely 75 fastened to the back or rear of the motor vehicle in a manner and place on the motor vehicle 76 consistent with registration plates so that all parts and qualities of the temporary permit 77 thereof shall be plainly and clearly visible, reasonably clean and are not impaired in any way. 78 (2) The provisions of subdivision (1) of this subsection requiring satisfaction of all 79 applicable taxes under chapter 144 shall become effective only upon notification by the 80 director of the department of revenue that implementation of such requirements are 81 technologically feasible following the development and maintenance of a modernized, 82 integrated system for the titling of vehicles, the issuance and renewal of vehicle registrations, 83 the issuance and renewal of drivers' licenses and identification cards, and the perfection and 84 release of liens and encumbrances on vehicles. 85 5. The permit shall be issued on a form prescribed by the director of the department of 86 revenue and issued only for the applicant's temporary operation of the motor vehicle or trailer 87 purchased to enable the applicant to temporarily operate the motor vehicle while proper title 88 and registration plates are being obtained, or while awaiting receipt of registration plates, and 89 shall be displayed on no other motor vehicle. Temporary permits issued pursuant to this 90 section shall not be transferable or renewable, shall not be valid upon issuance of proper 91 registration plates for the motor vehicle or trailer, and shall be returned to the department or to 92 the department's agent upon the issuance of such proper registration plates. Any temporary 93 permit returned to the department or to the department's agent shall be immediately 94 destroyed. The provisions of this subsection shall not apply to temporary permits issued for 95 commercial motor vehicles licensed in excess of twenty-four thousand pounds gross weight. 96 The director of the department of revenue shall determine the size, material, design, 97 numbering configuration, construction, and color of the permit. The director of the 98 department of revenue, at his or her discretion, shall hav