HOUSE BILL NO. 2969 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE KELLEY.
6482H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 301.020, 301.032, 301.074, 301.132, 301.147, 301.190, 301.380, 301.443, 301.800, 307.350, 307.353, 307.355, 307.360, 307.365, 307.370, 307.375, 307.380, 307.385, 307.390, 307.402, 643.303, and 643.315, RSMo, and to enact in lieu thereof nineteen new sections relating to motor vehicle safety inspections, with penalty provisions and a delayed effective date.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 301.020, 301.032, 301.074, 301.132, 301.147, 301.190, 301.380, 2 301.443, 301.800, 307.350, 307.353, 307.355, 307.360, 307.365, 307.370, 307.375, 307.380, 3 307.385, 307.390, 307.402, 643.303, and 643.315, RSMo, are repealed and nineteen new 4 sections enacted in lieu thereof, to be known as sections 301.020, 301.032, 301.074, 301.132, 5 301.147, 301.148, 301.190, 301.380, 301.443, 301.800, 307.350, 307.360, 307.365, 307.370, 6 307.375, 307.385, 307.390, 643.303, and 643.315, 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;
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 2969 2
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 and has less than one hundred fifty 15 thousand miles on the odometer, the director of revenue shall retain the odometer information 16 provided [in the vehicle inspection report] by the owner of the vehicle, 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 and has less than one hundred fifty thousand miles on the 27 odometer, the director of revenue shall retain the odometer information provided [in the 28 vehicle inspection report] by the owner of the vehicle, 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 HB 2969 3
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 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 HB 2969 4
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 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. 102 10. Notwithstanding any provision of this chapter or any other law to the 103 contrary, a first offense for driving with expired registration may be removed from a 104 person's driver record if, within thirty days of the violation, the person: 105 (1) Renews the registration on the motor vehicle in accordance with this chapter; 106 and 107 (2) Submits a written request to the department of revenue driver license bureau 108 requesting the removal of the violation from the person's Missouri driver record. 301.032. 1. Notwithstanding the provisions of sections 301.030 and 301.035 to the 2 contrary, the director of revenue shall establish a system of registration of all fleet vehicles 3 owned or purchased by a fleet owner registered pursuant to this section. The director of 4 revenue shall prescribe the forms for such fleet registration and the forms and procedures for 5 the registration updates prescribed in this section. Any owner of ten or more motor vehicles 6 which must be registered in accordance with this chapter may register as a fleet owner. All 7 registered fleet owners may, at their option, register all motor vehicles included in the fleet on 8 a calendar year or biennial basis pursuant to this section in lieu of the registration periods 9 provided in sections 301.030, 301.035, and 301.147. The director shall issue an identification 10 number to each registered owner of fleet vehicles. 11 2. All fleet vehicles included in the fleet of a registered fleet owner shall be registered 12 during April of the corresponding year or on a prorated basis as provided in subsection 3 of 13 this section. Fees of all vehicles in the fleet to be registered on a calendar year basis or on a HB 2969 5
14 biennial basis shall be payable not later than the last day of April of the corresponding year, 15 with two years' fees due for biennially-registered vehicles. [Notwithstanding the provisions 16 of section 307.355, an application for registration of a fleet vehicle must be accompanied by a 17 certificate of inspection and approval issued no more than one hundred twenty days prior to 18 the date of application.] The fees for vehicles added to the fleet which must be licensed at the 19 time of registration shall be payable at the time of registration, except that when such vehicle 20 is licensed between July first and September thirtieth the fee shall be three-fourths the annual 21 fee, when licensed between October first and December thirty-first the fee shall be one-half 22 the annual fee and when licensed on or after January first the fee shall be one-fourth the 23 annual fee. When biennial registration is sought for vehicles added to a fleet, an additional 24 year's annual fee will be added to the partial year's prorated fee. 25 3. At any time during the calendar year in which an owner of a fleet purchases or 26 otherwise acquires a vehicle which is to be added to the fleet or transfers plates to a fleet 27 vehicle, the owner shall present to the director of revenue the identification number as a fleet 28 number and may register the vehicle for the partial year as provided in subsection 2 of this 29 section. The fleet owner shall also be charged a transfer fee of two dollars for each vehicle so 30 transferred pursuant to this subsection. 31 4. Except as specifically provided in this subsection, all fleet vehicles registered 32 pursuant to this section shall be issued a special license plate which shall have the words 33 "Fleet Vehicle" in place of the words "Show-Me State" in the manner prescribed by the 34 advisory committee established in section 301.129. Alternatively, for a one-time additional 35 five dollar per-vehicle fee beyond the regular registration fee, a fleet owner of at least fifty 36 fleet vehicles may apply for fleet license plates bearing a company name or logo, the size and 37 design thereof subject to approval by the director. All fleet license plates shall be made with 38 fully reflective material with a common color scheme and design, shall be clearly visible at 39 night, and shall be aesthetically attractive, as prescribed by section 301.130. Fleet vehicles 40 shall be issued multiyear license plates as provided in this section which shall not require 41 issuance of a renewal tab. Upon payment of appropriate registration fees, the director of 42 revenue shall issue a registration certificate or other suitable evidence of payment of the 43 annual or biennial fee, and such evidence of payment shall be carried at all times in the 44 vehicle for which it is issued. 45 5. [Notwithstanding the provisions of sections 307.350 to 307.390 to the contrary, a 46 fleet vehicle registered in Missouri is exempt from the requirements of sections 307.350 to 47 307.390 if at the time of the annual fleet registration, such fleet vehicle is situated outside the 48 state of Missouri. 49 6.] (1) Notwithstanding any other provisions of law to the contrary, any person, 50 company, or corporation engaged in the business of renting or leasing three thousand five HB 2969 6
51 hundred or more motor vehicles which are to be used exclusively for rental or leasing 52 purposes and not for resale that has applied to the director of revenue for authority to operate 53 as a lease or rental company as prescribed in section 144.070 may operate as a registered fleet 54 owner as prescribed in the provisions of this subsection to subsection [10] 9 of this section. 55 (2) The director of revenue may issue license plates after presentment of an 56 application, as designed by the director, and payment of an annual fee of three hundred sixty 57 dollars for the first ten plates and thirty-six dollars for each additional plate. The payment and 58 issuance of such plates shall be in lieu of registering each motor vehicle with the director as 59 otherwise provided by law. 60 (3) The registration fees for vehicles in the registered fleet owner's fleet shall be fully 61 payable at the time such plates are ordered, except that when such plate is ordered after the 62 first month of registration, the fees payable shall be prorated by the month the plates were 63 ordered. When biennial registration is sought, an additional year's annual fee shall be added 64 to the partial year's prorated fee. 65 (4) Such motor vehicles within the fleet shall not be exempted from the [safety 66 inspection and] emissions inspection provisions as prescribed in [chapters 307 and] chapter 67 643, but [notwithstanding the provisions of section 307.355,] such inspections shall not be 68 required to be presented to the director of revenue. 69 [7.] 6. A recipient of a lease or rental company license issued by the director of 70 revenue as prescribed in section 144.070 operating as a registered fleet owner under this 71 section shall register such fleet with the director of revenue on an annual or biennial basis in 72 lieu of the individual motor vehicle registration periods as prescribed in sections 301.030, 73 301.035, and 301.147. If an applicant elects a biennial fleet registration, the annual fleet 74 license plate fees prescribed in subdivision (1) of subsection [6] 5 of this section shall be 75 doubled. An agent fee as prescribed in subdivision (1) of subsection 1 of section 136.055 76 shall apply to the issuance of fleet registrations issued under subsections [6 to 10] 5 to 9 of 77 this section, and if a biennial fleet registration is elected, the agent fee shall be collected in an 78 amount equal to the fee for two years. 79 [8.] 7. Prior to the issuance of fleet license plates under subsections [6 to 10] 5 to 9 of 80 this section, the applicant shall provide proof of insurance as required under section 303.024 81 or 303.026. 82 [9.] 8. The authority of a recipient of a lease or rental company license issued by the 83 director of revenue as prescribed in section 144.070 to operate as a fleet owner as provided in 84 this section shall expire on January first of the licensure period. 85 [10.] 9. A lease or rental company operating fleet license plates issued under 86 subsections [6 to 10] 5 to 9 of this section shall make available, upon request, to the director HB 2969 7
87 of revenue and all Missouri law enforcement agencies any corresponding vehicle and 88 registration information that may be requested as prescribed by rule. 89 [11.] 10. The director shall make all necessary rules and regu