HOUSE BILL NO. 3276 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BUTZ.
4837H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 301.190, RSMo, and to enact in lieu thereof five 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Section A. Section 301.190, RSMo, is repealed and five new sections enacted in lieu 2 thereof, to be known as sections 43.280, 43.282, 43.284, 43.286, and 301.190, to read as 3 follows: 43.280. Sections 43.280 to 43.286 shall be known and may be cited as the "Auto 2 Theft Prevention Commission Act". 43.282. 1. There is hereby created the "Auto Theft Prevention Commission". 2 2. The commission shall be assigned to the department of public safety, but the 3 director of the department of public safety shall have no supervision, authority, or 4 control over the actions or decisions of the commission. 5 3. The commission shall consist of eleven members, composed of the following: 6 (1) The superintendent of the Missouri state highway patrol or his or her 7 designee; 8 (2) The director of the department of commerce and insurance or his or her 9 designee; 10 (3) The director of the department of revenue or his or her designee; 11 (4) The attorney general or his or her designee; 12 (5) The following persons, appointed by the governor: 13 (a) A county sheriff; 14 (b) A municipal police chief;
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 3276 2
15 (c) A county prosecuting attorney; 16 (d) A representative from an insurance company authorized to issue motor 17 vehicle coverage in Missouri; 18 (e) A representative from the motor vehicle rental industry; 19 (f) A licensed new or used motor vehicle dealer; and 20 (g) A representative from the National Insurance Crime Bureau. 21 4. The commission shall elect annually from its membership a chair and a vice 22 chair. A quorum shall consist of a majority of appointed members, but not less than 23 seven members, and may be met by electronic attendance. 24 5. The term of office for each member of the commission who is appointed by the 25 governor shall be four years, except that of the initial appointments, three members 26 shall be appointed for a term of two years and four members shall be appointed for a 27 term of four years. Any member appointed by the governor may be removed from 28 office by the governor without cause. Before the expiration of the term of a member 29 appointed by the governor, the governor shall appoint a successor whose term begins on 30 July first next following. A member is eligible for reappointment. If there is a vacancy 31 for any cause, the governor shall make an appointment to become effective immediately 32 for the unexpired term. 33 6. Members of the commission shall serve without compensation, except that 34 they shall be reimbursed for their reasonable and necessary expenses incurred in the 35 performance of their duties. 36 7. The state highway patrol shall provide to the commission all technical, 37 clerical, and other necessary support services. 43.284. 1. The commission shall: 2 (1) Establish a grant program for the provision of funds to local law enforcement 3 agencies and multi-jurisdiction 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 multi-jurisdiction 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; HB 3276 3
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 multi-jurisdiction 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 multi-jurisdiction task forces established by local law 26 enforcement agencies for the purpose of preventing, reducing, and investigating motor 27 vehicle related crime. 28 2. Any grant awarded under the provisions of this section shall be upon 29 recommendation from and after consideration by the commission. Each grant 30 application shall describe the type of motor vehicle related crime prevention, reduction, 31 investigation, enforcement, prosecution, or offender rehabilitation program to be 32 implemented. Such programs may include, but shall not be limited to: 33 (1) Multi-jurisdiction task forces and programs utilizing the National Insurance 34 Crime Bureau task force that reduce motor vehicle related crime and increase the 35 apprehension of motor vehicle and motor vehicle parts thieves and persons who attempt 36 to defraud insurance companies; 37 (2) Motor vehicle related crime prevention efforts, activities, and public 38 awareness campaigns intended to reduce victimization by motor vehicle related crime 39 and fraud; 40 (3) The provision of specialized training for motor vehicle related crime 41 investigation personnel including, but not limited to, law enforcement personnel, local 42 motor vehicle registration agents and title clerks, and port facility employees, in order to 43 enhance knowledge, skills, procedures, and systems to detect, prevent, and combat 44 motor vehicle related crime and fraud; 45 (4) The provision of support and maintenance by one or more dedicated 46 prosecutors who have the specific mission and expertise to provide legal guidance and 47 prosecutorial continuity to complex criminal cases arising from the activities of a multi- 48 jurisdiction task force; and 49 (5) The prevention of future criminal behavior by first-time offenders who have 50 been charged, convicted, or adjudicated for a motor vehicle related crime. HB 3276 4
51 3. To the extent possible, grants awarded under this section shall be awarded to 52 local law enforcement agencies, multi-jurisdiction task forces, or other qualified 53 applicants in a variety of geographic areas of the state. The ability to contribute 54 additional moneys or match funding for a program shall not be required as a condition 55 of receipt of a grant under this section. 56 4. The commission shall prepare an annual report relative to activities and 57 programs of the commission and any funds received and grants awarded under this 58 section. Such report may include recommendations for changes in state programs, 59 statutes, policies, budgets, and standards relating to improving and supporting the 60 motor vehicle related crime prevention initiatives of local law enforcement agencies and 61 multi-jurisdiction task forces. Such report shall be submitted annually to the general 62 assembly and the governor by December first. 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. In accordance with sections 11 30.170 and 30.180, the state treasurer may approve disbursements. The fund shall be a 12 dedicated fund and, upon appropriation, moneys in this fund shall be used solely as 13 provided in sections 43.280 to 43.286. Notwithstanding the provisions of section 33.080 14 to the contrary, any moneys remaining in the fund at the end of the biennium shall not 15 revert to the credit of the general revenue fund. The state treasurer shall invest moneys 16 in the fund in the same manner as other funds are invested. Any interest and moneys 17 earned on such investments shall be credited to the fund. 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 HB 3276 5
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 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 HB 3276 6
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 revenue learns that any person has failed to obtain a 63 certificate within thirty days after acquiring a motor vehicle or trailer, or where the motor 64 vehicle was acquired under section 301.213 or subsection 5 of section 301.210 and the 65 applicant fails to make application within thirty days after receiving title from the dealer, or 66 has sold a vehicle without obtaining a certificate, he shall cancel the registration of all 67 vehicles registered in the name of the person, either as sole owner or as a co-owner, and shall 68 notify the person that the cancellation will remain in force until the person pays the 69 delinquency penalty fee provided in this section, together with all fees, charges and payments 70 which the person should have paid in connection with the certificate of ownership and 71 registration of the vehicle. The certificate shall be good for the life of the motor vehicle or 72 trailer so long as the same is owned or held by the original holder of the certificate and shall 73 not have to be renewed annually. 74 (2) The sum of five dollars from each original certificate fee submitted as 75 provided under subdivision (1) of this subsection shall be transferred to the auto theft 76 prevention commission fund in accordance with section 43.286. 77 6. Any applicant for a certificate of ownership requesting the department of revenue 78 to process an application for a certificate of ownership in an expeditious manner requiring 79 special handling shall pay a fee of five dollars in addition to the regular certificate of 80 ownership fee. HB 3276 7
81 7. It is unlawful for any person to operate in this state a motor vehicle or trailer 82 required to be registered under the provisions of the law unless a certificate of ownership has 83 been applied for as provided in this section. 84 8. Before an original Missouri certificate of ownership is issued, an inspection of the 85 vehicle and a verification of vehicle identification numbers shall be made by the Missouri 86 state highway patrol on vehicles for which there is a current title issued by another state if a 87 Missouri salvage certificate of title has been issued for the same vehicle but no prior 88 inspection and verification has been made in this state, except that if such vehicle has been 89 inspected in another state by a law enforcement officer in a manner comparable to the 90 inspection process in this state and the vehicle identification numbers have been so verified, 91 the applicant shall not be liable for the twenty-five dollar inspection fee if such applicant 92 submits proof of inspection and vehicle identification number verification to the director of 93 revenue at the time of the application. The applicant, who has such a title for a vehicle on 94 which no prior inspection and verification have been made, shall pay a fee of twenty-five 95 dollars for such verification and inspection, payable to the director of revenue at the time of 96 the request for the application, which shall be deposited in the state treasury to the credit of 97 the state highways and transportation department fund. 98 9. Each application for an original Missouri certificate of ownership for a vehicle 99 which is classified as a reconstructed motor vehicle, specially constructed motor vehicle, kit 100 vehicle, motor change vehicle, non-USA-std motor vehicle, or other vehicle as required by 101 the director of revenue shall be accompanied by a vehicle examination certificate issued by 102 the Missouri state highway patrol, or other law enforcement agency as authorized by the 103 director of revenue. The vehicle examination shall include a verification of vehicle 104 identification numbers and a determination of the classification of the vehicle. The owner of 105 a vehicle which