HB 1688 -- Motor Vehicle Board

Co-Sponsors:  O'Connor, Naeger, Ross

This bill creates a Missouri Motor Vehicle Board within the
Department of Economic Development's Division of Professional
Registration and transfers many regulatory duties from the
Department of Revenue.

The board will have responsibility for licensing of all
manufacturers, motor vehicle dealers, salespersons, boat dealers,
wholesale motor vehicle auctions, public motor vehicle auctions,
and wholesale motor vehicle dealers.  The board is composed of
nine members (five new motor vehicle franchised dealers, three
used motor vehicle dealers, and one member from the general
public).  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 and duties:  establishing
qualifications for applications, examining and licensing
applicants, establishing fees for licensure and renewal,
discipline of licensees, investigating complaints, and
establishing committees.  A 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 bill.

It will be unlawful for persons to act as dealers, manufacturers,
or salespersons without a license.  These 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 as a dealer,
manufacturer, or auction, they may not cease business unless they
provide at least 30 days notice to the board.  The board may
promulgate regulations concerning additional training.

The bill 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.

The bill creates advertising standards for dealers.  All
salespersons must have their license displayed at their place of
employment.  Procedures are provided if the salesperson changes
employers.  It will be unlawful for salespersons to sell or to
offer or attempt to sell motor vehicles except on behalf of a
licensed dealer by whom they are employed.

Provisions are created for dealers to sell a motor vehicle "as
is" in certain circumstances.

Missouri House of Representatives
Last Updated October 11, 2002 at 9:02 am