|SB 0926||Revises numerous provisions relating to the sale of motor vehicles and vessels|
|LR Number:||3248S.05C||Fiscal Note:||3248-05|
|Committee:||Commerce and Environment|
|Last Action:||05/17/02 - S Inf Calendar S Bills for Perfection||Journal page:|
|Title:||SCS SB 926|
|Effective Date:||August 28, 2002|
SCS/SB 926 - This act transfers many regulatory duties over motor vehicle dealers, boat dealers, powersport dealers, and recreational vehicle dealers from the Department of Revenue to the Missouri Motor Vehicle Board within the Department of Economic Development Division of Professional Registration. Regulation of manufacturers will remain with the Department of Revenue. The Missouri Motor Vehicle Board is created and is responsible for licensing of all motor vehicle dealers, boat dealers, recreational vehicle dealers, wholesale motor vehicle auctions, public motor vehicle auctions and wholesale motor vehicle dealers. The Board is composed of nine members one of whom will be a public member. Members of the board will be appointed by the Governor with the advice and consent of the Senate for staggered terms and will meet at least quarterly.
The Missouri Motor Vehicle Board is vested with rulemaking authority and the following powers: establishing qualifications for applications, examining and licensing applicants, establishing fees for licensure and renewal, discipline of licensees, investigating complaints, and establishing committees. The Missouri Motor Vehicle Board Fund is created and provisions for its use are established. Members of the Board will be immune from personal civil liability for acts performed in the scope of their official duties. The Board will employ an Executive Director who will be an attorney. The duties of the Executive Director are set forth in the act.
It shall be unlawful for persons to act as a dealer without a license. Such violations may be reported to the county prosecuting attorney for investigation and prosecution. Licenses will be issued for either 12 or 24 months. The Board will administer an examination for new licensees. Current licensees are grandfathered. Once licensed a dealer or auction may not cease business unless they provide at least 30 days notice to the Board. The Board may promulgate regulations concerning additional training.
This act sets requirements for applications and multi- location permits. Guidelines for the amounts of license and renewal fees are provided. Provisions relating to the issuance of Dealer license plates are revised. Dealers will be limited on the number of dealer plates they may have by the number of cars they have sold and the number of employees they have. It is unlawful to use or permit the use of a dealer's license plate on any vehicle for which there is no automobile liability insurance coverage.
Complaints will be heard by the administrative hearing commission and disciplinary actions, procedures and penalties are specified.
This act creates advertising standards for dealers.
Provisions are created for dealers to sell a motor vehicle "as is" in certain circumstances.
This act also eliminates lienholder possession on motor vehicle certificates of title. The owner of the motor vehicle is required to list the lienholder on the application for title and failure to do so is a Class C felony. The process for perfection of and releases of liens for lienholders and subordinate lienholders is specified.
Provisions regarding certificates of title are similar to SB