CCS/SS/SCS/HB 207 - This act makes changes for motor vehicle dealers, auctions, license plates and it eliminates the Missouri Motor Vehicle Commission.

MOTOR VEHICLE COMMISSION - The Commission is eliminated, and its functions are transferred to the Department of Revenue. The Division shall license all auto auctions, public and wholesale. Dealer license plates shall be issued to these licensees. Disciplinary action may be taken against any licensee committing a felony violation of motor vehicle laws.

AUTO AUCTIONS - Public auto auctions are distinguished from wholesale auto auctions. Both must be licensed, as well as public auto auction dealers. Public auto auctions must display two 2'x 2' signs warning buyers that the vehicles may not have had a safety inspection. The requirements for off-site sales shall not apply to public or wholesale auctions.

DEALERS, BROKERS- The bond required for motor vehicle dealers shall be executed for the benefit of "all" aggrieved parties (rather than "any" aggrieved party). The definition of "broker" is limited to those arranging the retail sales of vehicles. The Motor Vehicle Franchise Practices Act shall not apply to the sale of trailers.

LICENSE PLATES - License plates may be transferred by the owner who sells the vehicle at any time prior to the purchase and registration of the new one, as long as the plates are valid. License plates may also be transferred by the owner of a vehicle which is not sold, but which will no longer be operated.

ADMINISTRATIVE RULES - Any rule promulgated under this act shall be done pursuant to Chapter 536, RSMo. Rulemaking authority delegated previously is repealed. The current grant of rulemaking authority and the associated rules shall be invalid if the review power of the General Assembly is held to be unconstitutional.

Agencies shall have the burden in court to prove a challenged rule is valid. Reasonable attorney fees may be awarded to any party prevailing against an agency. The provisions of this paragraph shall terminate if section 536.024 is amended prior to the effective date of this act.

EMERGENCY CLAUSE - An emergency clause is included for the above provisions of this act.

MOTOR VEHICLE INSURANCE - The failure to have financial responsibility when driving a motor vehicle shall be a class C misdemeanor. An officer may issue a citation whenever a driver does not have an insurance ID card.

Evidence of financial responsibility must be provided at the time of motor vehicle registration (except for certain commercial vehicles). The Department of Revenue must notify each vehicle owner of this requirement at least 30 days in advance. An affidavit must be made by each vehicle owner that proper financial responsibility is being maintained.

Insurance verification is allowed whenever a non-insured accident report is made. The burden in agency liability determinations shall be against the driver. The motor vehicle insurance provisions shall take effect on January 1, 1998.
MICHAEL HOEFERKAMP