SB 358 Modifies several provisions of law relating to the regulation of motor vehicles
Sponsor: Engler
LR Number: 1534L.05C Fiscal Note: 1534-05
Committee: Financial & Governmental Organizations and Elections
Last Action: 5/18/2007 - H Calendar S Bills for Third Reading Journal Page:
Title: HCS SS SB 358 Calendar Position:
Effective Date: Varies
House Handler: Jones

Full Bill Text | All Actions | Available Summaries | Senate Home Page | List of 2007 Senate Bills

Current Bill Summary


HCS/SS/SB 358 - This act modifies several provisions relating to transportation and motor vehicles.

DECLARATIONS - The act authorizes the Director of Revenue to administer oaths to individuals filing declarations, statements or other documents. A signed declaration shall be prima facie evidence that the individual signed the declaration. Any declaration, statement, or other document that is required to be signed under Chapter 301 and Chapter 306 shall be signed in accordance with this provision and regulations (section 301.007). This provision is also contained in SS/SCS/SB 239 et al (2007).

LOCAL LOG TRUCK - This act modifies the definitions of the terms "local log truck" and "local log truck tractor" by expanding the area in which such vehicles can operate. Under current law, such vehicles are to be operated at a forested site and in area extending not more than a 50 mile radius from such site. The act increases the radius to 100 miles. A similar provision is contained in SB 349 (2007)(section 301.010). This provision is also contained in SS/SCS/SB 239 et al (2007).

SELF-PROPELLED SPRAYERS - This act exempts self-propelled sprayers that are used for spraying chemicals or spreading fertilizer from complying with titling, registration and license plate display laws. The exemption from titling, registration, and the display of license plates applies whether the described vehicles are laden or unladen (section 301.029). This portion of the act is identical to SB 371 (2007). This provision is also contained in SS/SCS/SB 239 et al (2007).

LICENSE PLATE COVERS - This act provides that license plates may be encased in transparent covers so long as the plates are plainly visible and their reflective qualities are not impaired.

This act is identical to SB 105 (2007) and SB 752 (2006)(section 301.130). This provision is also contained in SS/SCS/SB 239 et al (2007).

REISSUANCE OF LICENSE PLATES - The act also modifies the law regarding the reissuance of license plates. The current law provides that reissuance must occur beginning January 1, 2009. This act modifies the reissuance provision by granting the director more discretion when to begin reissuance so long as it occurs no later than January 1, 2009 (section 301.130.9). This provision is also contained in SS/SCS/SB 239 et al (2007).

DISABLED PARKING - This act provides that beginning August 28, 2007, all new disabled parking signs erected shall contain the words “Accessible Parking” in lieu of the words “Handicapped Parking” (section 301.143).

STOLEN LICENSE PLATE TABS - This act modifies the stolen license plate tabs procedure for obtaining free tabs from the Department of Revenue. Under current law, a person replacing stolen license plate tabs may receive two sets of two license plate tabs for free if the person submits a police report with the application. This act would modify the procedure by requiring any person replacing stolen license plate tabs issued prior to January 1, 2009, to submit a notarized affidavit to that effect. For persons replacing stolen license plate tabs issued on or after January 1, 2009, the person will have to submit a police report with his or her application. This portion of the act is contained in SS/SCS/SB 239 et al and SCS/SB 384 (Section 301.301). This provision of the act contains an emergency clause.

FIREFIGHTER LICENSE PLATE - This act restores a corrected provision dealing with volunteer firefighter and fire district firefighter special license plates that was erroneously omitted by the General Assembly in 2004 (section 301.444). This provision is also contained in SS/SCS/SB 239 et al (2007).

EMERGENCY VEHICLE DEALERS - The act also exempts dealers who sell only emergency vehicles from maintaining a bona fide place of business (including the related law enforcement certification requirements) and from meeting the minimum yearly sales. This portion of the act is similar to SB 91 (2007), SB 697 (2006) and SB 141 (2005)(section 301.550 and 301.560). These provisions are also contained in SS/SCS/SB 239 et al (2007).

DISTINCTIVE DEALER LICENSE NUMBERS - The act modifies the provision which sets forth the dealer license number designations, including the creation of recreational motor vehicle dealer license plate designations (RV-0_through RV -9999) for new and used recreational motor vehicle dealers (section 301.560.4). The dealer designations shall take effect no later than December 1, 2008. This provision is also contained in SS/SCS/SB 239 et al (2007).

LIMITATION ON ISSUANCE OF DEALER PLATES - Under the act, the department shall issue to new motor vehicle manufacturers and other dealers 1 distinctive dealer plate and may issue 2 additional number plates. The fee for each additional number plates is $10.50 (Section 301.560.6). Under the act, new motor vehicle manufacturers shall not be issued or possess more than 347 additional number plates or certificates of number annually. New and used motor vehicle dealers, powersport dealers, wholesale motor vehicle dealers, boat dealers, and trailer dealers are limited to 1 additional plate or certificate of number per ten-unit qualified transactions annually. New and used recreational motor vehicle dealers are limited to two additional plates or certificate of number per ten-unit qualified transactions annually for their first fifty transactions and one additional plate or certificate of number per ten-unit qualified transactions thereafter. An applicant seeking the issuance of an initial license shall indicate on his or her initial application the applicant's proposed annual number of sales in order for the director to issue the appropriate number of additional plates or certificates of number (Section 301.560.6). This provision is also contained in SS/SCS/SB 239 et al (2007).

Wholesale and public auctions shall be issued a certificate of dealer registration in lieu of a dealer number plate.

USED MOTOR VEHICLE DEALER EDUCATIONAL SEMINAR - The act exempts public auto auctions and applicants currently holding a new or used dealer's license for a separate dealership from showing proof of completing an educational seminar when applying for a used motor vehicle dealer's license. The act also specifically provides that current new motor vehicle franchise dealers and motor vehicle leasing agencies are not subject to the educational seminar requirements (Section 301.560.9). This provision is also contained in SS/SCS/SB 239 et al (2007).

RECREATIONAL VEHICLE SHOWS - The act provides that an out-of-state show promoter of recreational vehicles may hold recreation vehicle shows within the state under certain conditions (minimum of 10 Missouri RV dealers and more than 50% of the participating dealers are licensed in Missouri)(section 301.569).

LIEN RELEASE - This act requires a lienholder to release a motor vehicle lien within five business days after the lien has been satisfied. The current law gives the lienholder 10 business days to release the lien. The act also requires the lienholder to notify the Department of Revenue within five business days if the certificate of ownership is in the department's possession. The act also increases the fines for noncompliance with the time deadlines. The act imposes a graduated liquidated damages scale with a maximum amount of $2,500 in damages that can be imposed for each lien not timely released. The current law provides for a maximum fine or penalty of $500 for each lien not timely released (section 301.640).

SCHOOL BUS EXEMPTION FROM CHILD PASSENGER RESTRAINT LAW - This act provides that the child passenger restraint law shall not apply to school buses transporting children 4 years of age or older regardless whether such buses are being used for educational, religious or other purposes. The current exemption only applies to school buses used for educational purposes. This portion of the act contains an emergency clause (section 307.179). This provision may also be found in SB 445 (2007). This provision is also contained in SS/SCS/SB 239 et al (2007).

MOTOR VEHICLE SAFETY INSPECTION - This act exempts motor vehicle owners who are renewing their registration plates from undergoing a safety inspection provided the motor vehicle has less than 50,000 miles. In order to qualify for the exemption, the owner must submit to the director an affidavit, sworn to under the penalty of perjury, stating that the motor vehicle has fewer than one 50,000 miles. Motor vehicles with 100,000 or more miles will still be subject to the safety inspection program (since the exemption is not applicable to those vehicles). In addition, the act provides that safety inspections shall still be required for initial registrations and titling of a vehicle.

STEPHEN WITTE