SECOND REGULAR SESSION

[I N T R O D U C E D]

SENATE BILL NO. 739

88th GENERAL ASSEMBLY


S2741.01I

AN ACT

To repeal section 301.566, RSMo 1994, relating to motor vehicles, and to enact in lieu thereof one new section relating to the same subject.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Section 301.566, RSMo 1994, is repealed and one new section enacted in lieu thereof to be known as section 301.566, to read as follows:

301.566. 1. A motor vehicle dealer may participate in any motor vehicle show or sale[,] and conduct sales of motor vehicles [thereat,] away from [his] the dealer's usual, licensed place of business if either the requirements of subsection 2 are met or the event is conducted for not more than ten days, and if a majority of the motor vehicle dealers within a class of dealers described pursuant to subsection 3 of section 301.550 in a city or town participate or are invited and have the opportunity to participate in the event, except that a recreational motor vehicle dealer classified in subdivision (5) of subsection 3 of section 301.550 may participate in such a show or sale even if a majority of recreational motor vehicle dealers in a city or town do not participate in the event. The commission shall consider such events to be proper in all respects and as if each dealer participant was conducting business at [his] the dealer's usual business location.

2. Any person, partnership, corporation or association disposing of vehicles used and titled solely in its ordinary course of business as provided in section 301.570, RSMo, may sell such vehicles away from that person's bona fide established place of business, thus constituting an off-site sale, by adhering to each of the following conditions with regard to each and every off-site sale conducted:

(1) Have in effect a valid license, pursuant to sections 301.550 to 301.575, RSMo, from the Missouri motor vehicle commission for the sale of used car;

(2) No off-site sale can exceed ten days in duration, and only one sale per year, per county, in third and fourth class counties;

(3) Pay to the motor vehicle commission fund, pursuant to section 301.560, RSMo, a permit fee of two hundred fifty dollars for each off-site sale event;

(4) Advise the Missouri motor vehicle commission, ten days prior to, of the date and location of each off-site and the number of days for the term of the sale;

(5) The sale of vehicles at off-site sales shall be limited to sales by a seller of vehicles used and titled solely in its ordinary course of business, and such sales shall be held in conjunction with a credit union and limited to members of the credit union, thus constituting a private sale to be advertised to members only;

(6) Off-site sales by a seller of vehicles used and titled solely in its ordinary course of business may also be held in conjunction with other financial institutions provided that any such sale event must be held on the premises of the financial institution, and sales shall be limited to persons who were customers of the financial institution prior to the date of the sale event. Off-site sales held with such other financial institutions shall be limited to one sale per year per institution;

(7) The sale of motor vehicles which have the designation of the current model year, except discontinued models, is prohibited at off-site sales until subsequent model year designated vehicles of the same manufacture and model are offered for sale to the public.