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Missouri General Assembly· SB 28Signed by Governor

Modifies provisions relating to transportation, the official text

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FIRST REGULAR SESSION
                     [TRULY AGREED TO AND FINALLY PASSED]
                    CONFERENCE COMMITTEE SUBSTITUTE FOR

                                  SENATE SUBSTITUTE FOR

              SENATE BILL NO. 28

              103RD GENERAL ASSEMBLY
                               2025

   0742S.03T

              AN ACT

   To repeal sections 32.056, 301.010, 301.140, 301.448, 301.469, 301.558, 307.010, and 407.1034,
                RSMo, and to enact in lieu thereof eight new sections relating to transportation, with
                penalty provisions.

   Be it enacted by the General Assembly of the State of Missouri, as follows:

1             Section A. Sections 32.056, 301.010, 301.140, 301.448,

2 301.469, 301.558, 307.010, and 407.1034, RSMo, are repealed and

3 eight new sections enacted in lieu thereof, to be known as

4 sections 32.056, 301.010, 301.140, 301.448, 301.469, 301.558,

5 307.010, and 407.1034, to read as follows:

1             32.056. Except for uses permitted under 18 U.S.C.

2 Section 2721(b)(1), the department of revenue shall not

3 release the home address of or any information that

4 identifies any vehicle owned or leased by any person who is

5 [a] an active or retired county, state or federal parole

6 officer, [a] federal pretrial officer, [a] peace officer

7 pursuant to section 590.010, [a] person vested by Article V,

8 Section 1 of the Missouri Constitution with the judicial

9 power of the state, [a] member of the federal judiciary, or

10 a member of such person's immediate family contained in the

11 department's motor vehicle or driver registration records,

12 based on a specific request for such information from any

   EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
   and is intended to be omitted in the law.
    CCS SS SB 28         2

13 person. Any such person may notify the department of his or

14 her status and the department shall protect the

15 confidentiality of the home address and vehicle records on

16 such a person and his or her immediate family as required by

17 this section. This section shall not prohibit the

18 department from releasing information on a motor

19 registration list pursuant to section 32.055 or from

20 releasing information on any officer who holds a class A, B

21 or C commercial driver's license pursuant to the Motor

22 Carrier Safety Improvement Act of 1999, as amended, 49

23 U.S.C. 31309.

1   301.010. As used in this chapter and sections 304.010

2 to 304.040, 304.120 to 304.260, and sections 307.010 to

3 307.175, the following terms mean:

4   (1) "All-terrain vehicle", any motorized vehicle

5 manufactured and used exclusively for off-highway use, with

6 an unladen dry weight of one thousand five hundred pounds or

7 less, traveling on three, four or more nonhighway tires,

8 with either:

9   (a) A seat designed to be straddled by the operator,

10 and handlebars for steering control, but excluding an

11 electric bicycle; or

12  (b) A width of fifty inches or less, measured from

13 outside of tire rim to outside of tire rim, regardless of

14 seating or steering arrangement;

15  (2) "Autocycle", a three-wheeled motor vehicle which

16 the drivers and passengers ride in a partially or completely

17 enclosed nonstraddle seating area, that is designed to be

18 controlled with a steering wheel and pedals, and that has

19 met applicable Department of Transportation National Highway

20 Traffic Safety Administration requirements or federal

21 motorcycle safety standards;
    CCS SS SB 28                3

22  (3) "Automobile transporter", any vehicle combination

23 capable of carrying cargo on the power unit and designed and

24 used for the transport of assembled motor vehicles,

25 including truck camper units;

26  (4) "Axle load", the total load transmitted to the

27 road by all wheels whose centers are included between two

28 parallel transverse vertical planes forty inches apart,

29 extending across the full width of the vehicle;

30  (5) "Backhaul", the return trip of a vehicle

31 transporting cargo or general freight, especially when

32 carrying goods back over all or part of the same route;

33  (6) "Boat transporter", any vehicle combination

34 capable of carrying cargo on the power unit and designed and

35 used specifically to transport assembled boats and boat

36 hulls. Boats may be partially disassembled to facilitate

37 transporting;

38  (7) "Body shop", a business that repairs physical

39 damage on motor vehicles that are not owned by the shop or

40 its officers or employees by mending, straightening,

41 replacing body parts, or painting;

42  (8) "Bus", a motor vehicle primarily for the

43 transportation of a driver and eight or more passengers but

44 not including shuttle buses;

45  (9) "Commercial motor vehicle", a motor vehicle

46 designed or regularly used for carrying freight and

47 merchandise, or more than eight passengers but not including

48 vanpools or shuttle buses;

49  (10) "Cotton trailer", a trailer designed [and used

50 exclusively] for transporting cotton at speeds less than

51 [forty] seventy miles per hour from field to field or from

52 field to market and return;
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53  (11) "Dealer", any person, firm, corporation,

54 association, agent or subagent engaged in the sale or

55 exchange of new, used or reconstructed motor vehicles or

56 trailers;

57  (12) "Director" or "director of revenue", the director

58 of the department of revenue;

59  (13) "Driveaway operation":

60  (a) The movement of a motor vehicle or trailer by any

61 person or motor carrier other than a dealer over any public

62 highway, under its own power singly, or in a fixed

63 combination of two or more vehicles, for the purpose of

64 delivery for sale or for delivery either before or after

65 sale;

66  (b) The movement of any vehicle or vehicles, not owned

67 by the transporter, constituting the commodity being

68 transported, by a person engaged in the business of

69 furnishing drivers and operators for the purpose of

70 transporting vehicles in transit from one place to another

71 by the driveaway or towaway methods; or

72  (c) The movement of a motor vehicle by any person who

73 is lawfully engaged in the business of transporting or

74 delivering vehicles that are not the person's own and

75 vehicles of a type otherwise required to be registered, by

76 the driveaway or towaway methods, from a point of

77 manufacture, assembly or distribution or from the owner of

78 the vehicles to a dealer or sales agent of a manufacturer or

79 to any consignee designated by the shipper or consignor;

80  (14) "Dromedary", a box, deck, or plate mounted behind

81 the cab and forward of the fifth wheel on the frame of the

82 power unit of a truck tractor-semitrailer combination. A

83 truck tractor equipped with a dromedary may carry part of a
     CCS SS SB 28             5

84 load when operating independently or in a combination with a

85 semitrailer;

86     (15) "Electric bicycle", a bicycle equipped with fully

87 operable pedals, a saddle or seat for the rider, and an

88 electric motor of less than 750 watts that meets the

89 requirements of one of the following three classes:

90     (a) "Class 1 electric bicycle", an electric bicycle

91 equipped with a motor that provides assistance only when the

92 rider is pedaling and that ceases to provide assistance when

93 the bicycle reaches the speed of twenty miles per hour;

94     (b) "Class 2 electric bicycle", an electric bicycle

95 equipped with a motor that may be used exclusively to propel

96 the bicycle and that is not capable of providing assistance

97 when the bicycle reaches the speed of twenty miles per hour;

98 or

99     (c) "Class 3 electric bicycle", an electric bicycle

100 equipped with a motor that provides assistance only when the

101 rider is pedaling and that ceases to provide assistance when

102 the bicycle reaches the speed of twenty-eight miles per hour;

103    (16) "Farm tractor", a tractor used exclusively for

104 agricultural purposes;

105    (17) "Fleet", any group of ten or more motor vehicles

106 owned by the same owner;

107    (18) "Fleet vehicle", a motor vehicle which is

108 included as part of a fleet;

109    (19) "Fullmount", a vehicle mounted completely on the

110 frame of either the first or last vehicle in a saddlemount

111 combination;

112    (20) "Gross weight", the weight of vehicle and/or

113 vehicle combination without load, plus the weight of any

114 load thereon;
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115  (21) "Hail-damaged vehicle", any vehicle, the body of

116 which has become dented as the result of the impact of hail;

117  (22) "Highway", any public thoroughfare for vehicles,

118 including state roads, county roads and public streets,

119 avenues, boulevards, parkways or alleys in any municipality;

120  (23) "Improved highway", a highway which has been

121 paved with gravel, macadam, concrete, brick or asphalt, or

122 surfaced in such a manner that it shall have a hard, smooth

123 surface;

124  (24) "Intersecting highway", any highway which joins

125 another, whether or not it crosses the same;

126  (25) "Junk vehicle", a vehicle which:

127  (a) Is incapable of operation or use upon the highways

128 and has no resale value except as a source of parts or

129 scrap; or

130  (b) Has been designated as junk or a substantially

131 equivalent designation by this state or any other state;

132  (26) "Kit vehicle", a motor vehicle assembled by a

133 person other than a generally recognized manufacturer of

134 motor vehicles by the use of a glider kit or replica

135 purchased from an authorized manufacturer and accompanied by

136 a manufacturer's statement of origin;

137  (27) "Land improvement contractors' commercial motor

138 vehicle", any not-for-hire commercial motor vehicle the

139 operation of which is confined to:

140  (a) An area that extends not more than a radius of one

141 hundred fifty miles from its home base of operations when

142 transporting its owner's machinery, equipment, or auxiliary

143 supplies to or from projects involving soil and water

144 conservation, or to and from equipment dealers' maintenance

145 facilities for maintenance purposes; or
     CCS SS SB 28  7

146  (b) An area that extends not more than a radius of

147 fifty miles from its home base of operations when

148 transporting its owner's machinery, equipment, or auxiliary

149 supplies to or from projects not involving soil and water

150 conservation.

151 Nothing in this subdivision shall be construed to prevent

152 any motor vehicle from being registered as a commercial

153 motor vehicle or local commercial motor vehicle;

154  (28) "Local commercial motor vehicle", a commercial

155 motor vehicle whose operations are confined to a

156 municipality and that area extending not more than fifty

157 miles therefrom, or a commercial motor vehicle whose

158 property-carrying operations are confined solely to the

159 transportation of property owned by any person who is the

160 owner or operator of such vehicle to or from a farm owned by

161 such person or under the person's control by virtue of a

162 landlord and tenant lease; provided that any such property

163 transported to any such farm is for use in the operation of

164 such farm;

165  (29) "Local log truck", a commercial motor vehicle

166 which is registered pursuant to this chapter to operate as a

167 motor vehicle on the public highways of this state; used

168 exclusively in this state; used to transport harvested

169 forest products; operated solely at a forested site and in

170 an area extending not more than a one hundred fifty mile

171 radius from such site; and when operated on the national

172 system of interstate and defense highways described in 23

173 U.S.C. Section 103, as amended, or outside the one hundred

174 fifty mile radius from such site with an extended distance

175 local log truck permit, does not have more than four axles,

176 and does not pull a trailer which has more than three
     CCS SS SB 28     8

177 axles. Harvesting equipment which is used specifically for

178 cutting, felling, trimming, delimbing, debarking, chipping,

179 skidding, loading, unloading, and stacking may be

180 transported on a local log truck;

181  (30) "Local log truck tractor", a commercial motor

182 vehicle which is registered under this chapter to operate as

183 a motor vehicle on the public highways of this state; used

184 exclusively in this state; used to transport harvested

185 forest products, operated at a forested site and in an area

186 extending not more than a one hundred fifty mile radius from

187 such site; and when operated on the national system of

188 interstate and defense highways described in 23 U.S.C.

189 Section 103, as amended, or outside the one hundred fifty

190 mile radius from such site with an extended distance local

191 log truck permit, does not have more than three axles and

192 does not pull a trailer which has more than three axles;

193  (31) "Local transit bus", a bus whose operations are

194 confined wholly within a municipal corporation, or wholly

195 within a municipal corporation and a commercial zone, as

196 defined in section 390.020, adjacent thereto, forming a part

197 of a public transportation system within such municipal

198 corporation and such municipal corporation and adjacent

199 commercial zone;

200  (32) "Log truck", a vehicle which is not a local log

201 truck or local log truck tractor and is used exclusively to

202 transport harvested forest products to and from forested

203 sites which is registered pursuant to this chapter to

204 operate as a motor vehicle on the public highways of this

205 state for the transportation of harvested forest products;

206  (33) "Major component parts", the rear clip, cowl,

207 frame, body, cab, front-end assembly, and front clip, as
     CCS SS SB 28       9

208 those terms are defined by the director of revenue pursuant

209 to rules and regulations or by illustrations;

210  (34) "Manufacturer", any person, firm, corporation or

211 association engaged in the business of manufacturing or

212 assembling motor vehicles, trailers or vessels for sale;

213  (35) "Motor change vehicle", a vehicle manufactured

214 prior to August, 1957, which receives a new, rebuilt or used

215 engine, and which used the number stamped on the original

216 engine as the vehicle identification number;

217  (36) "Motor vehicle", any self-propelled vehicle not

218 operated exclusively upon tracks, except farm tractors and

219 electric bicycles;

220  (37) "Motor vehicle primarily for business use", any

221 vehicle other than a recreational motor vehicle, motorcycle,

222 motortricycle, or any commercial motor vehicle licensed for

223 over twelve thousand pounds:

224  (a) Offered for hire or lease; or

225  (b) The owner of which also owns ten or more such

226 motor vehicles;

227  (38) "Motorcycle", a motor vehicle operated on two

228 wheels;

229  (39) "Motorized bicycle", any two-wheeled or three-

230 wheeled device having an automatic transmission and a motor

231 with a cylinder capacity of not more than fifty cubic

232 centimeters, which produces less than three gross brake

233 horsepower, and is capable of propelling the device at a

234 maximum speed of not more than thirty miles per hour on

235 level ground, but excluding an electric bicycle;

236  (40) "Motortricycle", a motor vehicle upon which the

237 operator straddles or sits astride that is designed to be

238 controlled by handle bars and is operated on three wheels,

239 including a motorcycle while operated with any conveyance,
     CCS SS SB 28            10

240 temporary or otherwise, requiring the use of a third wheel,

241 but excluding an electric bicycle. A motortricycle shall

242 not be included in the definition of all-terrain vehicle;

243  (41) "Municipality", any city, town or village,

244 whether incorporated or not;

245  (42) "Nonresident", a resident of a state or country

246 other than the state of Missouri;

247  (43) "Non-USA-std motor vehicle", a motor vehicle not

248 originally manufactured in compliance with United States

249 emissions or safety standards;

250  (44) "Operator", any person who operates or drives a

251 motor vehicle;

252  (45) "Owner", any person, firm, corporation or

253 association, who holds the legal title to a vehicle or who

254 has executed a buyer's order or retail installment sales

255 contract with a motor vehicle dealer licensed under sections

256 301.550 to 301.580 for the purchase of a vehicle with an

257 immediate right of possession vested in the transferee, or

258 in the event a vehicle is the subject of an agreement for

259 the conditional sale or lease thereof with the right of

260 purchase upon performance of the conditions stated in the

261 agreement and with an immediate right of possession vested

262 in the conditional vendee or lessee, or in the event a

263 mortgagor of a vehicle is entitled to possession, then such

264 conditional vendee or lessee or mortgagor shall be deemed

265 the owner;

266  (46) "Public garage", a place of business where motor

267 vehicles are housed, stored, repaired, reconstructed or

268 repainted for persons other than the owners or operators of

269 such place of business;

270  (47) "Rebuilder", a business that repairs or rebuilds

271 motor vehicles owned by the rebuilder, but does not include
     CCS SS SB 28  11

272 certificated common or contract carriers of persons or

273 property;

274  (48) "Reconstructed motor vehicle", a vehicle that is

275 altered from its original construction by the addition or

276 substitution of two or more new or used major component

277 parts, excluding motor vehicles made from all new parts, and

278 new multistage manufactured vehicles;

279  (49) "Recreational motor vehicle", any motor vehicle

280 designed, constructed or substantially modified so that it

281 may be used and is used for the purposes of temporary

282 housing quarters, including therein sleeping and eating

283 facilities which are either permanently attached to the

284 motor vehicle or attached to a unit which is securely

285 attached to the motor vehicle. Nothing herein shall prevent

286 any motor vehicle from being registered as a commercial

287 motor vehicle if the motor vehicle could otherwise be so

288 registered;

289  (50) "Recreational off-highway vehicle", any motorized

290 vehicle manufactured and used exclusively for off-highway

291 use which is more than fifty inches but no more than eighty

292 inches in width, measured from outside of tire rim to

293 outside of tire rim, with an unladen dry weight of three

294 thousand five hundred pounds or less, traveling on four or

295 more nonhighway tires and which may have access to ATV

296 trails;

297  (51) "Recreational trailer", any trailer designed,

298 constructed, or substantially modified so that it may be

299 used and is used for the purpose of temporary housing

300 quarters, including therein sleeping or eating facilities,

301 which can be temporarily attached to a motor vehicle or

302 attached to a unit which is securely attached to a motor

303 vehicle;
     CCS SS SB 28            12

304  (52) "Rollback or car carrier", any vehicle

305 specifically designed to transport wrecked, disabled or

306 otherwise inoperable vehicles, when the transportation is

307 directly connected to a wrecker or towing service;

308  (53) "Saddlemount combination", a combination of

309 vehicles in which a truck or truck tractor tows one or more

310 trucks or truck tractors, each connected by a saddle to the

311 frame or fifth wheel of the vehicle in front of it. The

312 "saddle" is a mechanism that connects the front axle of the

313 towed vehicle to the frame or fifth wheel of the vehicle in

314 front and functions like a fifth wheel kingpin connection.

315 When two vehicles are towed in this manner the combination

316 is called a "double saddlemount combination". When three

317 vehicles are towed in this manner, the combination is called

318 a "triple saddlemount combination";

319  (54) "Salvage dealer and dismantler", a business that

320 dismantles used motor vehicles for the sale of the parts

321 thereof, and buys and sells used motor vehicle parts and

322 accessories;

323  (55) "Salvage vehicle", a motor vehicle, semitrailer,

324 or house trailer which:

325  (a) Was damaged during a year that is no more than six

326 years after the manufacturer's model year designation for

327 such vehicle to the extent that the total cost of repairs to

328 rebuild or reconstruct the vehicle to its condition

329 immediately before it was damaged for legal operation on the

330 roads or highways exceeds eighty percent of the fair market

331 value of the vehicle immediately preceding the time it was

332 damaged;

333  (b) By reason of condition or circumstance, has been

334 declared salvage, either by its owner, or by a person, firm,
     CCS SS SB 28             13

335 corporation, or other legal entity exercising the right of

336 security interest in it;

337      (c) Has been declared salvage by an insurance company

338 as a result of settlement of a claim;

339      (d) Ownership of which is evidenced by a salvage

340 title; or

341      (e) Is abandoned property which is titled pursuant to

342 section 304.155 or section 304.157 and designated with the

343 words "salvage/abandoned property". The total cost of

344 repairs to rebuild or reconstruct the vehicle shall not

345 include the cost of repairing, replacing, or reinstalling

346 inflatable safety restraints, tires, sound systems, or

347 damage as a result of hail, or any sales tax on parts or

348 materials to rebuild or reconstruct the vehicle. For

349 purposes of this definition, "fair market value" means the

350 retail value of a motor vehicle as:

351      a. Set forth in a current edition of any nationally

352 recognized compilation of retail values, including automated

353 databases, or from publications commonly used by the

354 automotive and insurance industries to establish the values

355 of motor vehicles;

356      b. Determined pursuant to a market survey of

357 comparable vehicles with regard to condition and equipment;

358 and

359      c. Determined by an insurance company using any other

360 procedure recognized by the insurance industry, including

361 market surveys, that is applied by the company in a uniform

362 manner;

363      (56) "School bus", any motor vehicle used solely to

364 transport students to or from school or to transport

365 students to or from any place for educational purposes;
     CCS SS SB 28            14

366  (57) "Scrap processor", a business that, through the

367 use of fixed or mobile equipment, flattens, crushes, or

368 otherwise accepts motor vehicles and vehicle parts for

369 processing or transportation to a shredder or scrap metal

370 operator for recycling;

371  (58) "Shuttle bus", a motor vehicle used or maintained

372 by any person, firm, or corporation as an incidental service

373 to transport patrons or customers of the regular business of

374 such person, firm, or corporation to and from the place of

375 business of the person, firm, or corporation providing the

376 service at no fee or charge. Shuttle buses shall not be

377 registered as buses or as commercial motor vehicles;

378  (59) "Special mobile equipment", every self-propelled

379 vehicle not designed or used primarily for the

380 transportation of persons or property and incidentally

381 operated or moved over the highways, including farm

382 equipment, implements of husbandry, road construction or

383 maintenance machinery, ditch-digging apparatus, stone

384 crushers, air compressors, power shovels, cranes, graders,

385 rollers, well-drillers and wood-sawing equipment used for

386 hire, asphalt spreaders, bituminous mixers, bucket loaders,

387 ditchers, leveling graders, finished machines, motor

388 graders, road rollers, scarifiers, earth-moving carryalls,

389 scrapers, drag lines, concrete pump trucks, rock-drilling

390 and earth-moving equipment. This enumeration shall be

391 deemed partial and shall not operate to exclude other such

392 vehicles which are within the general terms of this section;

393  (60) "Specially constructed motor vehicle", a motor

394 vehicle which shall not have been originally constructed

395 under a distinctive name, make, model or type by a

396 manufacturer of motor vehicles. The term specially

397 constructed motor vehicle includes kit vehicles;
     CCS SS SB 28  15

398  (61) "Stinger-steered combination", a truck tractor-

399 semitrailer wherein the fifth wheel is located on a drop

400 frame located behind and below the rearmost axle of the

401 power unit;

402  (62) "Tandem axle", a group of two or more axles,

403 arranged one behind another, the distance between the

404 extremes of which is more than forty inches and not more

405 than ninety-six inches apart;

406  (63) "Towaway trailer transporter combination", a

407 combination of vehicles consisting of a trailer transporter

408 towing unit and two trailers or semitrailers, with a total

409 weight that does not exceed twenty-six thousand pounds; and

410 in which the trailers or semitrailers carry no property and

411 constitute inventory property of a manufacturer,

412 distributer, or dealer of such trailers or semitrailers;

413  (64) "Tractor", "truck tractor" or "truck-tractor", a

414 self-propelled motor vehicle designed for drawing other

415 vehicles, but not for the carriage of any load when

416 operating independently. When attached to a semitrailer, it

417 supports a part of the weight thereof;

418  (65) "Trailer", any vehicle without motive power

419 designed for carrying property or passengers on its own

420 structure and for being drawn by a self-propelled vehicle,

421 except those running exclusively on tracks, including a

422 semitrailer or vehicle of the trailer type so designed and

423 used in conjunction with a self-propelled vehicle that a

424 considerable part of its own weight rests upon and is

425 carried by the towing vehicle. The term trailer shall not

426 include cotton trailers as defined in this section and shall

427 not include manufactured homes as defined in section 700.010;
     CCS SS SB 28         16

428  (66) "Trailer transporter towing unit", a power unit

429 that is not used to carry property when operating in a

430 towaway trailer transporter combination;

431  (67) "Truck", a motor vehicle designed, used, or

432 maintained for the transportation of property;

433  (68) "Truck-tractor semitrailer-semitrailer", a

434 combination vehicle in which the two trailing units are

435 connected with a B-train assembly which is a rigid frame

436 extension attached to the rear frame of a first semitrailer

437 which allows for a fifth-wheel connection point for the

438 second semitrailer and has one less articulation point than

439 the conventional A-dolly connected truck-tractor semitrailer-

440 trailer combination;

441  (69) "Truck-trailer boat transporter combination", a

442 boat transporter combination consisting of a straight truck

443 towing a trailer using typically a ball and socket

444 connection with the trailer axle located substantially at

445 the trailer center of gravity rather than the rear of the

446 trailer but so as to maintain a downward force on the

447 trailer tongue;

448  (70) "Used parts dealer", a business that buys and

449 sells used motor vehicle parts or accessories, but not

450 including a business that sells only new, remanufactured or

451 rebuilt parts. Business does not include isolated sales at

452 a swap meet of less than three days;

453  (71) "Utility vehicle", any motorized vehicle

454 manufactured and used exclusively for off-highway use which

455 is more than fifty inches but no more than eighty inches in

456 width, measured from outside of tire rim to outside of tire

457 rim, with an unladen dry weight of three thousand five

458 hundred pounds or less, traveling on four or six wheels, to
     CCS SS SB 28  17

459 be used primarily for landscaping, lawn care, or maintenance

460 purposes;

461  (72) "Vanpool", any van or other motor vehicle used or

462 maintained by any person, group, firm, corporation,

463 association, city, county or state agency, or any member

464 thereof, for the transportation of not less than eight nor

465 more than forty-eight employees, per motor vehicle, to and

466 from their place of employment; however, a vanpool shall not

467 be included in the definition of the term bus or commercial

468 motor vehicle as defined in this section, nor shall a

469 vanpool driver be deemed a chauffeur as that term is defined

470 by section 303.020; nor shall use of a vanpool vehicle for

471 ride-sharing arrangements, recreational, personal, or

472 maintenance uses constitute an unlicensed use of the motor

473 vehicle, unless used for monetary profit other than for use

474 in a ride-sharing arrangement;

475  (73) "Vehicle", any mechanical device on wheels,

476 designed primarily for use, or used, on highways, except

477 motorized bicycles, electric bicycles, vehicles propelled or

478 drawn by horses or human power, or vehicles used exclusively

479 on fixed rails or tracks, or cotton trailers or motorized

480 wheelchairs operated by handicapped persons;

481  (74) "Wrecker" or "tow truck", any emergency

482 commercial vehicle equipped, designed and used to assist or

483 render aid and transport or tow disabled or wrecked vehicles

484 from a highway, road, street or highway rights-of-way to a

485 point of storage or repair, including towing a replacement

486 vehicle to replace a disabled or wrecked vehicle;

487  (75) "Wrecker or towing service", the act of

488 transporting, towing or recovering with a wrecker, tow

489 truck, rollback or car carrier any vehicle not owned by the

490 operator of the wrecker, tow truck, rollback or car carrier
    CCS SS SB 28  18

491 for which the operator directly or indirectly receives

492 compensation or other personal gain.

1   301.140. 1. Upon the transfer of ownership of any

2 motor vehicle or trailer, the certificate of registration

3 and the right to use the number plates shall expire and the

4 number plates shall be removed by the owner at the time of

5 the transfer of possession, and it shall be unlawful for any

6 person other than the person to whom such number plates were

7 originally issued to have the same in his or her possession

8 whether in use or not, unless such possession is solely for

9 charitable purposes; except that the buyer of a motor

10 vehicle or trailer who trades in a motor vehicle or trailer

11 may attach the license plates from the traded-in motor

12 vehicle or trailer to the newly purchased motor vehicle or

13 trailer. The operation of a motor vehicle with such

14 transferred plates shall be lawful for no more than thirty

15 days, or no more than ninety days if the dealer is selling

16 the motor vehicle under the provisions of section 301.213,

17 or no more than sixty days if the dealer is selling the

18 motor vehicle under the provisions of subsection 5 of

19 section 301.210. As used in this subsection, the term

20 "trade-in motor vehicle or trailer" shall include any single

21 motor vehicle or trailer sold by the buyer of the newly

22 purchased vehicle or trailer, as long as the license plates

23 for the trade-in motor vehicle or trailer are still valid.

24  2. In the case of a transfer of ownership the original

25 owner may register another motor vehicle under the same

26 number, upon the payment of a fee of two dollars, if the

27 motor vehicle is of horsepower, gross weight or (in the case

28 of a passenger-carrying commercial motor vehicle) seating

29 capacity, not in excess of that originally registered. When

30 such motor vehicle is of greater horsepower, gross weight or
    CCS SS SB 28  19

31 (in the case of a passenger-carrying commercial motor

32 vehicle) seating capacity, for which a greater fee is

33 prescribed, the applicant shall pay a transfer fee of two

34 dollars and a pro rata portion for the difference in fees.

35 When such vehicle is of less horsepower, gross weight or (in

36 case of a passenger-carrying commercial motor vehicle)

37 seating capacity, for which a lesser fee is prescribed, the

38 applicant shall not be entitled to a refund.

39  3. License plates may be transferred from a motor

40 vehicle which will no longer be operated to a newly

41 purchased motor vehicle by the owner of such vehicles. The

42 owner shall pay a transfer fee of two dollars if the newly

43 purchased vehicle is of horsepower, gross weight or (in the

44 case of a passenger-carrying commercial motor vehicle)

45 seating capacity, not in excess of that of the vehicle which

46 will no longer be operated. When the newly purchased motor

47 vehicle is of greater horsepower, gross weight or (in the

48 case of a passenger-carrying commercial motor vehicle)

49 seating capacity, for which a greater fee is prescribed, the

50 applicant shall pay a transfer fee of two dollars and a pro

51 rata portion of the difference in fees. When the newly

52 purchased vehicle is of less horsepower, gross weight or (in

53 the case of a passenger-carrying commercial motor vehicle)

54 seating capacity, for which a lesser fee is prescribed, the

55 applicant shall not be entitled to a refund.

56  4. (1) The director of the department of revenue

57 shall have authority to produce or allow others to produce a

58 weather resistant, nontearing temporary permit authorizing

59 the operation of a motor vehicle or trailer by a buyer for

60 not more than thirty days, [or no more than ninety days if

61 issued by a dealer selling the motor vehicle under the

62 provisions of section 301.213,] or no more than sixty days
CCS SS SB 28  20

63 if issued by a dealer selling the motor vehicle under the
64 provisions of subsection 5 of section 301.210, from the date
65 of purchase. The temporary permit authorized under this
66 section may be purchased by the purchaser of a motor vehicle
67 or trailer from the central office of the department of
68 revenue or from an authorized agent of the department of
69 revenue upon satisfaction of all applicable taxes under
70 chapter 144, upon proof of purchase of a motor vehicle or
71 trailer for which the buyer has no registration plate
72 available for transfer and upon proof of financial
73 responsibility, or from a motor vehicle dealer upon purchase
74 of a motor vehicle or trailer for which the buyer has no
75 registration plate available for transfer, or from a motor
76 vehicle dealer upon purchase of a motor vehicle or trailer
77 for which the buyer has registered and is awaiting receipt
78 of registration plates. The director of the department of
79 revenue or a producer authorized by the director of the
80 department of revenue may make temporary permits available
81 to registered dealers in this state, authorized agents of
82 the department of revenue or the department of revenue. The
83 price paid by a motor vehicle dealer, an authorized agent of
84 the department of revenue or the department of revenue for a
85 temporary permit shall not exceed five dollars for each
86 permit. The director of the department of revenue shall
87 direct motor vehicle dealers and authorized agents to obtain
88 temporary permits from an authorized producer. Amounts
89 received by the director of the department of revenue for
90 temporary permits shall constitute state revenue; however,
91 amounts received by an authorized producer other than the
92 director of the department of revenue shall not constitute
93 state revenue and any amounts received by motor vehicle
94 dealers or authorized agents for temporary permits purchased
     CCS SS SB 28  21

95 from a producer other than the director of the department of

96 revenue shall not constitute state revenue. In no event

97 shall revenues from the general revenue fund or any other

98 state fund be utilized to compensate motor vehicle dealers

99 or other producers for their role in producing temporary

100 permits as authorized under this section. Amounts that do

101 not constitute state revenue under this section shall also

102 not constitute fees for registration or certificates of

103 title to be collected by the director of the department of

104 revenue under section 301.190. No motor vehicle dealer,

105 authorized agent or the department of revenue shall charge

106 more than five dollars for each permit issued. The permit

107 shall be valid for a period of thirty days, or no more than

108 ninety days if issued by a dealer selling the motor vehicle

109 under the provisions of section 301.213, or no more than

110 sixty days if issued by a dealer selling the motor vehicle

111 under the provisions of subsection 5 of section 301.210,

112 from the date of purchase of a motor vehicle or trailer, or

113 from the date of sale of the motor vehicle or trailer by a

114 motor vehicle dealer for which the purchaser obtains a

115 permit as set out above. No permit shall be issued for a

116 vehicle under this section unless the buyer shows proof of

117 financial responsibility. Each temporary permit issued

118 shall be securely fastened to the back or rear of the motor

119 vehicle in a manner and place on the motor vehicle

120 consistent with registration plates so that all parts and

121 qualities of the temporary permit thereof shall be plainly

122 and clearly visible, reasonably clean and are not impaired

123 in any way.

124  (2) The provisions of subdivision (1) of this

125 subsection requiring satisfaction of all applicable taxes

126 under chapter 144 shall become effective only upon
     CCS SS SB 28              22

127 notification by the director of the department of revenue

128 that implementation of such requirements are technologically

129 feasible following the development and maintenance of a

130 modernized, integrated system for the titling of vehicles,

131 the issuance and renewal of vehicle registrations, the

132 issuance and renewal of drivers' licenses and identification

133 cards, and the perfection and release of liens and

134 encumbrances on vehicles.

135  5. The permit shall be issued on a form prescribed by

136 the director of the department of revenue and issued only

137 for the applicant's temporary operation of the motor vehicle

138 or trailer purchased to enable the applicant to temporarily

139 operate the motor vehicle while proper title and

140 registration plates are being obtained, or while awaiting

141 receipt of registration plates, and shall be displayed on no

142 other motor vehicle. Temporary permits issued pursuant to

143 this section shall not be transferable or renewable, shall

144 not be valid upon issuance of proper registration plates for

145 the motor vehicle or trailer, and shall be returned to the

146 department or to the department's agent upon the issuance of

147 such proper registration plates. Any temporary permit

148 returned to the department or to the department's agent

149 shall be immediately destroyed. The provisions of this

150 subsection shall not apply to temporary permits issued for

151 commercial motor vehicles licensed in excess of twenty-four

152 thousand pounds gross weight. The director of the

153 department of revenue shall determine the size, material,

154 design, numbering configuration, construction, and color of

155 the permit. The director of the department of revenue, at

156 his or her discretion, shall have the authority to reissue,

157 and thereby extend the use of, a temporary permit previously
     CCS SS SB 28  23

158 and legally issued for a motor vehicle or trailer while

159 proper title and registration are being obtained.

160  6. Every motor vehicle dealer that issues temporary

161 permits shall keep, for inspection by proper officers, an

162 accurate record of each permit issued by recording the

163 permit number, the motor vehicle dealer's number, buyer's

164 name and address, the motor vehicle's year, make, and

165 manufacturer's vehicle identification number, and the

166 permit's date of issuance and expiration date. Upon the

167 issuance of a temporary permit by either the central office

168 of the department of revenue, a motor vehicle dealer or an

169 authorized agent of the department of revenue, the director

170 of the department of revenue shall make the information

171 associated with the issued temporary permit immediately

172 available to the law enforcement community of the state of

173 Missouri.

174  7. Upon the transfer of ownership of any currently

175 registered motor vehicle wherein the owner cannot transfer

176 the license plates due to a change of motor vehicle

177 category, the owner may surrender the license plates issued

178 to the motor vehicle and receive credit for any unused

179 portion of the original registration fee against the

180 registration fee of another motor vehicle. Such credit

181 shall be granted based upon the date the license plates are

182 surrendered. No refunds shall be made on the unused portion

183 of any license plates surrendered for such credit.

184  8. An additional temporary license plate produced in a

185 manner and of materials determined by the director to be the

186 most cost-effective means of production with a configuration

187 that matches an existing or newly issued plate may be

188 purchased by a motor vehicle owner to be placed in the

189 interior of the vehicle's rear window such that the driver's
     CCS SS SB 28  24

190 view out of the rear window is not obstructed and the plate

191 configuration is clearly visible from the outside of the

192 vehicle to serve as the visible plate when a bicycle rack or

193 other item obstructs the view of the actual plate. Such

194 temporary plate is only authorized for use when the matching

195 actual plate is affixed to the vehicle in the manner

196 prescribed in subsection 5 of section 301.130. The fee

197 charged for the temporary plate shall be equal to the fee

198 charged for a temporary permit issued under subsection 4 of

199 this section. Replacement temporary plates authorized in

200 this subsection may be issued as needed upon the payment of

201 a fee equal to the fee charged for a temporary permit under

202 subsection 4 of this section. The newly produced third

203 plate may only be used on the vehicle with the matching

204 plate, and the additional plate shall be clearly

205 recognizable as a third plate and only used for the purpose

206 specified in this subsection.

207  9. Notwithstanding the provisions of section 301.217,

208 the director may issue a temporary permit to an individual

209 who possesses a salvage motor vehicle which requires an

210 inspection under subsection 9 of section 301.190. The

211 operation of a salvage motor vehicle for which the permit

212 has been issued shall be limited to the most direct route

213 from the residence, maintenance, or storage facility of the

214 individual in possession of such motor vehicle to the

215 nearest authorized inspection facility and return to the

216 originating location. Notwithstanding any other

217 requirements for the issuance of a temporary permit under

218 this section, an individual obtaining a temporary permit for

219 the purpose of operating a motor vehicle to and from an

220 examination facility as prescribed in this subsection shall

221 also purchase the required motor vehicle examination form
     CCS SS SB 28  25

222 which is required to be completed for an examination under

223 subsection 9 of section 301.190 and provide satisfactory

224 evidence that such vehicle has passed a motor vehicle safety

225 inspection for such vehicle as required in section 307.350.

226  10. The director of the department of revenue may

227 promulgate all necessary rules and regulations for the

228 administration of this section. Any rule or portion of a

229 rule, as that term is defined in section 536.010, that is

230 created under the authority delegated in this section shall

231 become effective only if it complies with and is subject to

232 all of the provisions of chapter 536 and, if applicable,

233 section 536.028. This section and chapter 536 are

234 nonseverable and if any of the powers vested with the

235 general assembly pursuant to chapter 536 to review, to delay

236 the effective date, or to disapprove and annul a rule are

237 subsequently held unconstitutional, then the grant of

238 rulemaking authority and any rule proposed or adopted after

239 August 28, 2012, shall be invalid and void.

240  11. The repeal and reenactment of this section shall

241 become effective on the date the department of revenue or a

242 producer authorized by the director of the department of

243 revenue begins producing temporary permits described in

244 subsection 4 of such section, or on July 1, 2013, whichever

245 occurs first. If the director of revenue or a producer

246 authorized by the director of the department of revenue

247 begins producing temporary permits prior to July 1, 2013,

248 the director of the department of revenue shall notify the

249 revisor of statutes of such fact.

1    301.448. Any person who has served and was honorably

2 discharged or currently serves in [any branch of the United

3 States Armed Forces] the United States Army, Marine Corps,

4 Navy, Air Force, Space Force, Coast Guard, or National
CCS SS SB 28  26

 5 Guard, or in the reserves for any such branch, [the United
 6 States Coast Guard or reserve,] the United States Merchant
 7 Marines or reserve, or the Missouri National Guard, or any
 8 subdivision of any of such services or a member of the
 9 United States Marine Corps League may apply for special
10 motor vehicle license plates, either solely or jointly, for
11 issuance either to passenger motor vehicles subject to the
12 registration fees provided in section 301.055, or to
13 nonlocal property-carrying commercial motor vehicles
14 licensed for a gross weight of six thousand pounds up
15 through and including twenty-four thousand pounds as
16 provided in section 301.057. Any such person shall make
17 application for the special license plates on a form
18 provided by the director of revenue and furnish such proof
19 that such person is a member or former member of any such
20 branch of service as the director may require. Upon
21 presentation of the proof of eligibility and annual payment
22 of the fee required for personalized license plates in
23 section 301.144, and other fees and documents which may be
24 required by law, the department shall issue personalized
25 license plates which shall bear the seal, logo or emblem,
26 along with a word or words designating the branch or
27 subdivision of such service for which the person applies.
28 All seals, logos, emblems or special symbols shall become an
29 integral part of the license plate; however, no plate shall
30 contain more than one seal, logo, emblem or special symbol
31 and the design of such plates shall be approved by the
32 advisory committee established in section 301.129 and by the
33 branch or subdivision of such service or the Marine Corps
34 League prior to issuing such plates. The plates shall have
35 a white background with a blue and red configuration at the
36 discretion of the advisory committee established in section
    CCS SS SB 28             27

37 301.129. The plates shall be clearly visible at night and

38 shall be aesthetically attractive, as prescribed by section

39 301.130. The bidding process used to select a vendor for

40 the material to manufacture the license plates authorized by

41 this section shall consider the aesthetic appearance of the

42 plate. The director of revenue shall make necessary rules

43 and regulations for the enforcement of this section, and

44 shall design all necessary forms. All license plates issued

45 under this provision must be renewed in accordance with

46 law. License plates issued under the provisions of this

47 section shall not be transferable to any other person,

48 except that any registered co-owner of the motor vehicle

49 shall be entitled to operate the motor vehicle for the

50 duration of the year licensed, in the event of the death of

51 the qualified applicant.

1   301.469. 1. Any vehicle owner may receive license

2 plates as prescribed in this section, for any motor vehicle

3 such person owns, either solely or jointly, other than an

4 apportioned motor vehicle or a commercial motor vehicle

5 licensed in excess of twenty-four thousand pounds gross

6 weight, after an annual payment of an emblem-use

7 authorization fee to the Missouri conservation heritage

8 foundation. The foundation hereby authorizes the use of its

9 official emblems to be affixed on multiyear license plates

10 as provided in this section. Any vehicle owner may annually

11 apply for the use of the emblems.

12  2. Upon annual application and payment of a twenty-

13 five dollar emblem-use authorization fee to the Missouri

14 conservation heritage foundation, the foundation shall issue

15 to the vehicle owner, without further charge, an emblem-use

16 authorization statement, which shall be presented to the
    CCS SS SB 28  28

17 director of the department of revenue at the time of

18 registration of a motor vehicle.

19  3. Upon presentation of the annual statement, payment

20 of a fifteen dollar fee in addition to the regular

21 registration fees and documents which may be required by

22 law, the director of the department of revenue shall issue a

23 license plate, which shall bear an emblem of the Missouri

24 conservation heritage foundation in a form prescribed by the

25 director, to the vehicle owner. Such license plates shall

26 be made with fully reflective material with a common color

27 scheme and design, shall be clearly visible at night, and

28 shall be aesthetically attractive, as prescribed by section

29 301.130. Notwithstanding the provisions of section 301.144,

30 no additional fee shall be charged for the personalization

31 of license plates pursuant to this section.

32  4. Application for the emblem-use authorization and

33 payment of the twenty-five-dollar contribution may also be

34 made at the time of registration to the director of the

35 department of revenue, who shall deposit the contribution to

36 the credit of the Missouri conservation heritage foundation.

37  5. A vehicle owner, who was previously issued a plate

38 with a Missouri conservation heritage foundation emblem

39 authorized by this section but who does not provide an

40 emblem-use authorization statement at a subsequent time of

41 registration, shall be issued a new plate which does not

42 bear the foundation emblem, as otherwise provided by law.

43  [5.] 6. The director of the department of revenue may

44 promulgate rules and regulations for the administration of

45 this section. Any rule or portion of a rule, as that term

46 is defined in section 536.010, that is promulgated under the

47 authority delegated in this section shall become effective

48 only if it has been promulgated pursuant to the provisions
    CCS SS SB 28        29

49 of chapter 536. All rulemaking authority delegated prior to

50 August 28, 1999, is of no force and effect; however, nothing

51 in this section shall be interpreted to repeal or affect the

52 validity of any rule filed or adopted prior to August 28,

53 1999, if it fully complied with the provisions of chapter

54 536. This section and chapter 536 are nonseverable and if

55 any of the powers vested with the general assembly pursuant

56 to chapter 536 to review, to delay the effective date, or to

57 disapprove and annul a rule are subsequently held

58 unconstitutional, then the grant of rulemaking authority and

59 any rule proposed or adopted after August 28, 1999, shall be

60 invalid and void.

1   301.558. 1. A motor vehicle dealer, trailer dealer,

2 boat dealer, or powersport dealer may fill in the blanks on

3 standardized forms in connection with the sale or lease of a

4 new or used motor vehicle, trailer, vessel, or vessel

5 trailer if the motor vehicle dealer, trailer dealer, boat

6 dealer, or powersport dealer does not charge for the

7 services of filling in the blanks or otherwise charge for

8 preparing documents.

9   2. A motor vehicle dealer, trailer dealer, boat

10 dealer, or powersport dealer may charge an administrative

11 fee in connection with the sale or lease of a new or used

12 motor vehicle, trailer, vessel, or vessel trailer for the

13 storage of documents or any other administrative or clerical

14 services not prohibited by this section. A portion of the

15 administrative fee may result in profit to the motor vehicle

16 dealer, trailer dealer, boat dealer, or powersport dealer.

17  3. (1) Ten percent of any fee authorized under this

18 section and charged by motor vehicle dealers or trailer

19 dealers shall be remitted to the motor vehicle

20 administration technology fund established in this
    CCS SS SB 28          30

21 subsection, for the development of the system specified in

22 this subsection. Following the development of the system

23 specified in this subsection, the director of the department

24 of revenue shall notify motor vehicle dealers and trailer

25 dealers, and implement the system, and the percentage of any

26 fee authorized under this section required to be remitted to

27 the fund shall be reduced to [one] three and one-half

28 percent, which shall be used for maintenance of the system.

29 This subsection shall expire on January 1, 2037.

30  (2) There is hereby created in the state treasury the

31 "Motor Vehicle Administration Technology Fund", which shall

32 consist of money collected as specified in this subsection.

33 The state treasurer shall be custodian of the fund. In

34 accordance with sections 30.170 and 30.180, the state

35 treasurer may approve disbursements. The fund shall be a

36 dedicated fund and money in the fund shall be used solely by

37 the department of revenue for the purpose of development and

38 maintenance of a modernized, integrated system for the

39 titling of vehicles, issuance and renewal of vehicle

40 registrations, issuance and renewal of driver's licenses and

41 identification cards, and perfection and release of liens

42 and encumbrances on vehicles.

43  (3) Notwithstanding the provisions of section 33.080

44 to the contrary, any moneys remaining in the fund at the end

45 of the biennium shall not revert to the credit of the

46 general revenue fund.

47  (4) The state treasurer shall invest moneys in the

48 fund in the same manner as other funds are invested. Any

49 interest and moneys earned on such investments shall be

50 credited to the fund.

51  4. No motor vehicle dealer, trailer dealer, boat

52 dealer, or powersport dealer that sells or leases new or
    CCS SS SB 28              31

53 used motor vehicles, trailers, vessels, or vessel trailers

54 and imposes an administrative fee of five hundred dollars or

55 less in connection with the sale or lease of a new or used

56 motor vehicle, trailer, vessel, or vessel trailer for the

57 storage of documents or any other administrative or clerical

58 services shall be deemed to be engaging in the unauthorized

59 practice of law. The maximum administrative fee permitted

60 under this subsection shall be increased annually by an

61 amount equal to the percentage change in the annual average

62 of the Consumer Price Index for All Urban Consumers or its

63 successor index, as reported by the federal Bureau of Labor

64 Statistics or its successor agency, or by zero, whichever is

65 greater. The director of the department of revenue shall

66 annually furnish the maximum administrative fee determined

67 under this section to the secretary of state, who shall

68 publish such value in the Missouri Register as soon as

69 practicable after January fourteenth of each year.

70  5. If an administrative fee is charged under this

71 section, the same administrative fee shall be charged to all

72 retail customers unless the fee is limited by the dealer's

73 franchise agreement to certain classes of customers. The

74 fee shall be disclosed on the retail buyer's order form as a

75 separate itemized charge.

76  6. A preliminary worksheet on which a sale price is

77 computed and that is shown to the purchaser, a retail

78 buyer's order form from the purchaser, or a retail

79 installment contract shall include, in reasonable proximity

80 to the place on the document where the administrative fee

81 authorized by this section is disclosed, the amount of the

82 administrative fee and the following notice in type that is

83 boldfaced, capitalized, underlined, or otherwise

84 conspicuously set out from the surrounding written material:
    CCS SS SB 28        32

85  "AN ADMINISTRATIVE FEE IS NOT AN OFFICIAL FEE

86  AND IS NOT REQUIRED BY LAW BUT MAY BE CHARGED BY

87  A DEALER. THIS ADMINISTRATIVE FEE MAY RESULT IN

88  A PROFIT TO DEALER. NO PORTION OF THIS

89  ADMINISTRATIVE FEE IS FOR THE DRAFTING,

90  PREPARATION, OR COMPLETION OF DOCUMENTS OR THE

91  PROVIDING OF LEGAL ADVICE. THIS NOTICE IS

92  REQUIRED BY LAW.".

93  7. The general assembly believes that an

94 administrative fee charged in compliance with this section

95 is not the unauthorized practice of law or the unauthorized

96 business of law so long as the activity or service for which

97 the fee is charged is in compliance with the provisions of

98 this section and does not result in the waiver of any rights

99 or remedies. Recognizing, however, that the judiciary is

100 the sole arbitrator of what constitutes the practice of law,

101 in the event that a court determines that an administrative

102 fee charged in compliance with this section, and that does

103 not waive any rights or remedies of the buyer, is the

104 unauthorized practice of law or the unauthorized business of

105 law, then no person who paid that administrative fee may

106 recover said fee or treble damages, as permitted under

107 section 484.020, and no person who charged that fee shall be

108 guilty of a misdemeanor, as provided under section 484.020.

1   307.010. 1. All motor vehicles, and every trailer and

2 semitrailer operating upon the public highways of this state

3 and carrying goods or material or farm products which may

4 reasonably be expected to become dislodged and fall from the

5 vehicle, trailer or semitrailer as a result of wind pressure

6 or air pressure and/or by the movement of the vehicle,

7 trailer or semitrailer shall have a protective cover or be

8 sufficiently secured so that no portion of such goods or
    CCS SS SB 28           33

9 material can become dislodged and fall from the vehicle,

10 trailer or semitrailer while being transported or carried.

11      2. A cotton trailer, as defined in section 301.010,

12 shall not be in violation of this section, provided it is

13 traveling at speeds less than seventy miles per hour from

14 field to field or from field to market and return, no

15 portion of such goods or material becomes dislodged and

16 falls from the cotton trailer, and the goods are or material

17 is:

18      (1) Immobilized, such so that it cannot shift or tip

19 to the extent that the vehicle's stability or

20 maneuverability is adversely affected;

21      (2) Transported in a sided vehicle that has walls of

22 adequate strength, such that each article of cargo within

23 the vehicle is in contact with, or sufficiently close to a

24 wall or other articles, so that it cannot shift or tip to

25 the extent that the vehicle's stability or maneuverability

26 is adversely affected;

27      (3) Fully contained within the structure of the

28 vehicle, and firmly immobilized or secured on or within the

29 vehicle by structures of adequate strength, dunnage or

30 dunnage bags, shoring bars, tiedowns, or a combination of

31 these; or

32      (4) Otherwise secured in accordance with federal law.

33      3. Operation of a motor vehicle, trailer or

34 semitrailer in violation of this section shall be a class C

35 misdemeanor, and any person convicted thereof shall be

36 punished as provided by law.

1       407.1034. Notwithstanding the terms of any franchise

2 agreement, the performance, whether by act or omission, by a

3 motorcycle or all-terrain vehicle franchisor of any or all

4 of the following acts enumerated in this section are hereby
    CCS SS SB 28  34

5 defined as unlawful practices, the remedies for which are

6 set forth in section 407.1043:

7   (1) To engage in any conduct which is capricious, in

8 bad faith, or unconscionable and which causes damage to a

9 motorcycle or all-terrain vehicle franchisee or to the

10 public; provided, that good faith conduct engaged in by

11 motorcycle or all-terrain vehicle franchisors as sellers of

12 new motorcycles, all-terrain vehicles or parts or as holders

13 of security interests therein, in pursuit of rights or

14 remedies accorded to sellers of goods or to holders of

15 security interests pursuant to the provisions of chapter

16 400, uniform commercial code, shall not constitute unfair

17 practices pursuant to sections 407.1025 to 407.1049;

18  (2) To coerce any motorcycle or all-terrain vehicle

19 franchisee to accept delivery of any new motorcycle,

20 motorcycles, all-terrain vehicles, equipment, parts or

21 accessories therefor, or any other commodity or commodities

22 which such motorcycle or all-terrain vehicle franchisee has

23 not ordered after such motorcycle or all-terrain vehicle

24 franchisee has rejected such commodity or commodities. It

25 shall not be deemed a violation of sections 407.1025 to

26 407.1049 for a motorcycle or all-terrain vehicle franchisor

27 to require a motorcycle or all-terrain vehicle franchisee to

28 have an inventory of parts, tools and equipment reasonably

29 necessary to service the motorcycles or all-terrain vehicles

30 sold by a motorcycle or all-terrain vehicle franchisor; or

31 new motorcycles or all-terrain vehicles reasonably necessary

32 to meet the demands of dealers or the public;

33  (3) To unreasonably refuse to deliver in reasonable

34 quantities and within a reasonable time after receipt of

35 orders for new motorcycles or all-terrain vehicles, such

36 motorcycles or all-terrain vehicles as are so ordered and as
    CCS SS SB 28          35

37 are covered by such franchise and as are specifically

38 publicly advertised by such motorcycle or all-terrain

39 vehicle franchisor to be available for immediate delivery;

40 provided, however, the failure to deliver any motorcycle or

41 all-terrain vehicle shall not be considered a violation of

42 sections 407.1025 to 407.1049 if such failure is due to an

43 act of God, work stoppage, or delay due to a strike or labor

44 difficulty, shortage of products or materials, freight

45 delays, embargo or other cause of which such motorcycle or

46 all-terrain vehicle franchisor has no control;

47  (4) To coerce any motorcycle or all-terrain vehicle

48 franchisee to enter into any agreement with such motorcycle

49 or all-terrain vehicle franchisor or to do any other act

50 prejudicial to such motorcycle or all-terrain vehicle

51 franchisee, by threatening to cancel any franchise or any

52 contractual agreement existing between such motorcycle or

53 all-terrain vehicle franchisor and motorcycle or all-terrain

54 vehicle franchisee; provided, however, that notice in good

55 faith to any motorcycle or all-terrain vehicle franchisee of

56 such motorcycle or all-terrain vehicle franchisee's

57 violation of any provisions of such franchise or contractual

58 agreement shall not constitute a violation of sections

59 407.1025 to 407.1049;

60  (5) To terminate, cancel or refuse to continue any

61 franchise, directly or indirectly through the actions of the

62 franchisor, unless such new motorcycle or all-terrain

63 vehicle franchisee substantially defaults in the performance

64 of such franchisee's reasonable and lawful obligations under

65 such franchisee's franchise, or such new motorcycle or all-

66 terrain vehicle franchisor discontinues the sale in the

67 state of Missouri of such franchisor's products which are

68 the subject of the franchise:
    CCS SS SB 28     36

69  (a) Notwithstanding the terms of any franchise

70 agreement to the contrary, good cause to terminate, cancel

71 or refuse to continue any franchise agreement shall not be

72 established based upon the fact that the motorcycle or all-

73 terrain vehicle franchisee owns, has an investment in,

74 participates in the management of or holds a franchise

75 agreement for the sale or service of another make or line of

76 new motorcycles or all-terrain vehicles or the motorcycle or

77 all-terrain vehicle dealer has established another make or

78 line of new motorcycles or all-terrain vehicles or service

79 in the same dealership facilities as those of the motorcycle

80 or all-terrain vehicle franchisor prior to February 1, 1998,

81 or such establishment is approved in writing by the

82 franchisee and the franchisor. However, a franchisor may

83 require a franchisee to maintain a reasonable line of credit

84 for each franchise and to comply with each franchisor's

85 reasonable requirements concerning capital, management and

86 facilities. If the franchise agreement requires the

87 approval of the franchisor, such approval shall be requested

88 in writing by the franchisee and the franchisor shall

89 approve or disapprove such a request in writing within sixty

90 days of receipt of such request. A request from a

91 franchisee shall be deemed to have been approved if the

92 franchisor fails to notify the franchisee, in writing, of

93 its disapproval within sixty days after its receipt of the

94 written request;

95  (b) In determining whether good cause exists, the

96 administrative hearing commission shall take into

97 consideration the existing circumstances, including, but not

98 limited to, the following factors:

99  a. The franchisee's sales in relation to sales in the

100 market;
     CCS SS SB 28                37

101  b. The franchisee's investment and obligations;

102  c. Injury to the public welfare;

103  d. The adequacy of the franchisee's service

104 facilities, equipment, parts and personnel in relation to

105 those of other franchisees of the same line-make;

106  e. Whether warranties are being honored by the

107 franchisee;

108  f. The parties' compliance with their franchise

109 agreement;

110  g. The desire of a franchisor for market penetration

111 or a market study, if any, prepared by the franchisor or

112 franchisee are two factors which may be considered;

113  h. The harm to the franchisor;

114  (6) To prevent by contract or otherwise, any

115 motorcycle or all-terrain vehicle franchisee from changing

116 the capital structure of the franchisee's franchise of such

117 motorcycle or all-terrain vehicle franchisee or the means by

118 or through which the franchisee finances the operation of

119 the franchisee's franchise, provided the motorcycle or all-

120 terrain vehicle franchisee at all times meets any reasonable

121 capital standards agreed to between the motorcycle or all-

122 terrain vehicle franchisee and the motorcycle or all-terrain

123 vehicle franchisor and grants to the motorcycle or all-

124 terrain vehicle franchisor a purchase money security

125 interest in the new motorcycles or all-terrain vehicles, new

126 parts and accessories purchased from the motorcycle or all-

127 terrain vehicle franchisor;

128  (7) (a) Prevent, by contract or otherwise, any sale

129 or transfer of a franchisee's franchise or franchises or

130 interest or management thereof; provided, if the franchise

131 specifically permits the franchisor to approve or disapprove

132 any such proposed sale or transfer, a franchisor shall only
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133 be allowed to disapprove a proposed sale or transfer if the

134 interest being sold or transferred when added to any other

135 interest owned by the transferee constitutes fifty percent

136 or more of the ownership interest in the franchise and if

137 the proposed transferee fails to satisfy any standards of

138 the franchisor which are in fact normally relied upon by the

139 franchisor prior to its entering into a franchise, and which

140 relate to the proposed management or ownership of the

141 franchise operations or to the qualification,

142 capitalization, integrity or character of the proposed

143 transferee and which are reasonable. A franchisee may

144 request, at any time, that the franchisor provide a copy of

145 the standards which are normally relied upon by the

146 franchisor to evaluate a proposed sale or transfer and a

147 proposed transferee;

148  (b) The franchisee and the prospective franchisee

149 shall cooperate fully with the franchisor in providing

150 information relating to the prospective transferee's

151 qualifications, capitalization, integrity and character;

152  (c) In the event of a proposed sale or transfer of a

153 franchise, the franchisor shall be permitted to exercise a

154 right of first refusal to acquire the franchisee's assets or

155 ownership if:

156  a. The franchise agreement permits the franchisor to

157 exercise a right of first refusal to acquire the

158 franchisee's assets or ownership in the event of a proposed

159 sale or transfer;

160  b. Such sale or transfer is conditioned upon the

161 franchisor or franchisee entering a franchise agreement with

162 the proposed transferee;

163  c. The exercise of the right of first refusal shall

164 result in the franchisee and the franchisee's owners
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165 receiving the same or greater consideration and the same

166 terms and conditions as contracted to receive in connection

167 with the proposed sale or transfer;

168  d. The sale or transfer does not involve the sale or

169 transfer to an immediate member or members of the family of

170 one or more franchisee owners, defined as a spouse, child,

171 grandchild, spouse of a child or grandchild, brother, sister

172 or parent of the franchisee owner, or to the qualified

173 manager, defined as an individual who has been employed by

174 the franchisee for at least two years and who otherwise

175 qualifies as a franchisee operator, or a partnership or

176 corporation controlled by such persons; and

177  e. The franchisor agrees to pay the reasonable

178 expenses, including attorney's fees which do not exceed the

179 usual, customary and reasonable fees charged for similar

180 work done for other clients, incurred by the proposed

181 transferee prior to the franchisor's exercise of its right

182 of first refusal in negotiating and implementing the

183 contract for the proposed sale or transfer of the franchise

184 or the franchisee's assets. Notwithstanding the foregoing,

185 no payment of such expenses and attorney's fees shall be

186 required if the franchisee has not submitted or caused to be

187 submitted an accounting of those expenses within fourteen

188 days of the franchisee's receipt of the franchisor's written

189 request for such an accounting. Such accounting may be

190 requested by a franchisor before exercising its right of

191 first refusal;

192  (d) For determining whether good cause exists for the

193 purposes of this subdivision, the administrative hearing

194 commission shall take into consideration the existing

195 circumstances, including, but not limited to, the following

196 factors:
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197  a. Whether the franchise agreement specifically

198 permits the franchisor to approve or disapprove any proposed

199 sale or transfer;

200  b. Whether the interest to be sold or transferred when

201 added to any other interest owned by the proposed transferee

202 constitutes fifty percent or more of the ownership interest

203 in the franchise;

204  c. Whether the proposed transferee fails to satisfy

205 any standards of the franchisor which are in fact normally

206 relied upon by the franchisor prior to its entering into a

207 franchise, and which are related to the proposed management

208 or ownership of the franchise operations or to the

209 qualification, capitalization, integrity or character of the

210 proposed transferee which are reasonable;

211  d. Injury to the public welfare;

212  e. The harm to the franchisor;

213  (8) To prevent by contract or otherwise any motorcycle

214 or all-terrain vehicle franchisee from changing the

215 executive management of motorcycle or all-terrain vehicle

216 franchisee's business, except that any attempt by a

217 motorcycle or all-terrain vehicle franchisor to demonstrate

218 by giving reasons that such change in executive management

219 will be detrimental to the distribution of the motorcycle or

220 all-terrain vehicle franchisor's motorcycles shall not

221 constitute a violation of this subdivision;

222  (9) To impose unreasonable standards of performance

223 upon a motorcycle or all-terrain vehicle franchisee;

224  (10) To require a motorcycle or all-terrain vehicle

225 franchisee at the time of entering into a franchise

226 arrangement to assent to a release, assignment, novation,

227 waiver or estoppel which would relieve any person from

228 liability imposed by sections 407.1025 to 407.1049;
     CCS SS SB 28  41

229  (11) To prohibit directly or indirectly the right of

230 free association among motorcycle or all-terrain vehicle

231 franchisees for any lawful purpose;

232  (12) To provide any term or condition in any lease or

233 other agreement ancillary or collateral to a franchise,

234 which term or condition directly or indirectly violates the

235 provisions of sections 407.1025 to 407.1049;

236  (13) [Upon any termination, cancellation or refusal to

237 continue any franchise or any discontinuation of any line-

238 make or parts or products related to such line-make by a

239 franchisor, fail to pay reasonable compensation to a

240 franchisee as follows] To fail to repurchase a franchisee's

241 inventory and other items as set forth in this subdivision

242 if a motorcycle or all-terrain franchise agreement is

243 terminated, cancelled, or not renewed by the manufacturer

244 for cause; if the dealer voluntarily terminates a motorcycle

245 or all-terrain dealer agreement in a manner permitted by

246 such agreement; if the manufacturer terminates or

247 discontinues a franchise by discontinuing a line-make or by

248 ceasing to do business in this state; or if the manufacturer

249 changes the distributor or method of distribution of its

250 products in this state or alters its sales regions or

251 marketing areas within this state in a manner that

252 eliminates or diminishes the dealer's market area. In such

253 circumstances the manufacturer shall, at the election of the

254 motorcycle or all-terrain vehicle dealer, within thirty days

255 of termination, repurchase:

256  (a) Any new, undamaged and unsold motorcycles or all-

257 terrain vehicles in the franchisee's inventory of either the

258 current model year or purchased from the franchisor within

259 one hundred twenty days prior to receipt of a notice of

260 termination or nonrenewal, provided the motorcycle or all-
     CCS SS SB 28      42

261 terrain vehicle has less than twenty miles registered on the

262 odometer, including mileage incurred in delivery from the

263 franchisor or in transporting the motorcycle or all-terrain

264 vehicle between dealers for sale, at the dealer's net

265 acquisition cost;

266  (b) The current parts catalog cost to the dealer of

267 each new, unused, undamaged and unsold part or accessory if

268 the part or accessory is in the current parts catalog, less

269 applicable allowances. If the part or accessory was

270 purchased by the franchisee from an outgoing authorized

271 franchisee, the franchisor shall purchase the part for

272 either the price in the current parts catalog or the

273 franchisee's actual purchase price of the part, whichever is

274 less;

275  (c) The depreciated value determined pursuant to

276 generally accepted accounting principles of each undamaged

277 sign owned by the franchisee which bears a trademark or

278 trade name used or claimed by the franchisor if the sign was

279 purchased from, or purchased at the request of, the

280 franchisor;

281  (d) The fair market value of all special tools, data

282 processing equipment and motorcycle or all-terrain vehicle

283 service equipment owned by the franchisee which were

284 recommended in writing and designated as special tools and

285 equipment and purchased from, or purchased at the request

286 of, the franchisor within three years of the termination of

287 the franchise, if the tools and equipment are in usable and

288 good condition, except for reasonable wear and tear; and

289  (e) The franchisor shall pay the franchisee the

290 amounts specified in this subdivision within ninety days

291 after the tender of the property subject to the franchisee

292 providing evidence of good and clear title upon return of
     CCS SS SB 28               43

293 the property to the franchisor. Unless previous

294 arrangements have been made and agreed upon, the franchisee

295 is under no obligation to provide insurance for the property

296 left after one hundred eighty days;

297  (14) To prevent or refuse to honor the succession to a

298 franchise or franchises by any legal heir or devisee under

299 the will of a franchisee, under any written instrument filed

300 with the franchisor designating any person as the person's

301 successor franchisee, or pursuant to the laws of descent and

302 distribution of this state; provided:

303  (a) Any designated family member of a deceased or

304 incapacitated franchisee shall become the succeeding

305 franchisee of such deceased or incapacitated franchisee if

306 such designated family member gives the franchisor written

307 notice of such family member's intention to succeed to the

308 franchise or franchises within forty-five days after the

309 death or incapacity of the franchisee, and agrees to be

310 bound by all of the terms and conditions of the current

311 franchise agreement, and the designated family member meets

312 the current reasonable criteria generally applied by the

313 franchisor in qualifying franchisees. A franchisee may

314 request, at any time, that the franchisor provide a copy of

315 such criteria generally applied by the franchisor in

316 qualifying franchisees;

317  (b) The franchisor may request from a designated

318 family member such personal and financial data as is

319 reasonably necessary to determine whether the existing

320 franchise agreement should be honored. The designated

321 family member shall supply the personal and financial data

322 promptly upon the request;

323  (c) If the designated family member does not meet the

324 reasonable criteria generally applied by the franchisor in
     CCS SS SB 28  44

325 qualifying franchisees, the discontinuance of the current

326 franchise agreement shall take effect not less than ninety

327 days after the date the franchisor serves the required

328 notice on the designated family member pursuant to

329 subsection 5 of section 407.1031;

330  (d) The provisions of this subdivision shall not

331 preclude a franchisee from designating any person as the

332 person's successor by written instrument filed with the

333 franchisor, and if such an instrument is filed, it alone

334 shall determine the succession rights to the management and

335 operation of the franchise; and

336  (e) For determining whether good cause exists, the

337 administrative hearing commission shall take into

338 consideration the existing circumstances, including, but not

339 limited to, the following factors:

340  a. Whether the franchise agreement specifically

341 permits the franchisor to approve or disapprove any

342 successor;

343  b. Whether the proposed successor fails to satisfy any

344 standards of the franchisor which are in fact normally

345 relied upon by the franchisor prior to the successor

346 entering into a franchise, and which relate to the proposed

347 management or ownership of the franchise operation or to the

348 qualification, capitalization, integrity or character of the

349 proposed successor and which are reasonable;

350  c. Injury to the public welfare;

351  d. The harm to the franchisor;

352  (15) To coerce, threaten, intimidate or require a

353 franchisee under any condition affecting or related to a

354 franchise agreement, or to waive, limit or disclaim a right

355 that the franchisee may have pursuant to the provisions of

356 sections 407.1025 to 407.1049. Any contracts or agreements
     CCS SS SB 28  45

357 which contain such provisions shall be deemed against the

358 public policy of the state of Missouri and are void and

359 unenforceable. Nothing in this section shall be construed

360 to prohibit voluntary settlement agreements;

361  (16) To initiate any act enumerated in this subsection

362 on grounds that it has advised a franchisee of its intention

363 to discontinue representation at the time of a franchisee

364 change.

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