Pre-filed December 1, 1999, and 1000 copies ordered printed.
AN ACT
To amend chapter 407, RSMo, relating to merchandising practices by adding thereto one new section relating to the sale of motor vehicles, with penalty provisions.
Section A. Chapter 407, RSMo, is amended by adding thereto one new section, to be known as section 407.309, to read as follows:
407.309. 1. No person who does not possess a license to engage in business as or act as a motor vehicle dealer, public motor vehicle auction, wholesale motor vehicle auction or wholesale motor vehicle dealer issued pursuant to section 301.559, RSMo, may:
(1) Show for sale any motor vehicle unless the certificate of ownership of the motor vehicle being shown for sale bears such person's name and any other information deemed pertinent by the department of revenue;
(2) Display a sign or otherwise advertise the sale of such person's motor vehicle unless the sign or advertisement bears a telephone number of such person or of another person whose name appears on the certificate of ownership of the advertised motor vehicle;
(3) Place, for the purpose of showing for sale, a motor vehicle on property not owned by an owner of such motor vehicle named on the certificate of ownership without displaying a valid motor vehicle sales permit from the department of revenue and displaying in a visible location in or on the motor vehicle as prescribed by the department of revenue; or
(4) Deliver, for the purpose of allowing such vehicle to be shown for sale, such person's motor vehicle to another person without first assigning such person's certificate of ownership to the person accepting delivery of the motor vehicle.
2. Any person who causes a motor vehicle to be shown for sale or shows a motor vehicle for sale in violation of subsection 1 of this section shall be fined not less than one hundred dollars and not more than two hundred fifty dollars. Any motor vehicle shown for sale in violation of this section shall be subject to impoundment at the expense of the person who caused the motor vehicle to be shown for sale. Any motor vehicle which is delivered and shown for sale in violation of subdivision (4) of subsection 1 of this section may be confiscated and sold at a public auction by the jurisdiction in which the motor vehicle was shown for sale. Fifty percent of the proceeds of any such sale shall be allocated to the local school district and the other fifty percent shall be allocated to the department of revenue.
3. A ninety-day motor vehicle sales permit shall be issued by any office of the department of revenue to any person or persons named on a certificate of ownership of a motor vehicle. A motor vehicle sales permit shall only be valid for the vehicle for which the motor vehicle sales permit is issued. The fee for a motor vehicle sales permit shall be twenty dollars. All motor vehicle sales permits shall contain a description of the vehicle being sold or shown for sale, including the make, model, year, color, vehicle identification number, and the name and address of the seller.
4. The department of revenue may enforce the provisions of this section or delegate enforcement authority to local
law enforcement. The director of the department of revenue may promulgate any rules necessary to implement the
provisions of this section. No rule or portion of a rule shall become effective unless it has been promulgated
pursuant to the provisions of chapter 536, RSMo.
Missouri House of Representatives