Modifies provisions relating to the sale of motor vehicles and vessels

The Board shall be composed of nine members selected by the Governor with the advice and consent of the Senate. Five of such members shall be licensed franchised new motor vehicle dealers, two shall be licensed used motor vehicle dealers, one shall be a licensed powersport dealer, and one shall be a public member, and such members shall serve four year terms. (Section 301.1003)

The act authorizes the Board to employ an executive director, who shall serve at the pleasure of the Board and who shall have the duties as described in the act. (Section 301.1006)

The act establishes the "Missouri Motor Vehicle Board Fund", which shall consist of all fees charged by the Board other than fees for the issuance of license plates and certificates of number, and such moneys shall be utilized to implement the provisions of the act. (Section 301.1009)

The Board shall be empowered to establish the qualifications of applicants for licensure, to receive complaints concerning the conduct of persons and businesses licensed by the Board and concerning sales of motor vehicles by persons not licensed by the Board, as well as other powers and duties as described in the act. (Section 301.1012)

The act provides that it shall be unlawful to sell or display with an intent to sell six or more motor vehicles in a calendar year unless such person is licensed as described in the act. A violation of this provision shall be a class A misdemeanor, and a second or subsequent conviction shall be a class E felony. (Section 301.1015)

Licenses issued by the Board under the act shall be for a period of twelve consecutive months unless adjusted by the Board. Each application shall be accompanied by proof that the applicant has completed an educational seminar relating to the dealer requirements of the act.

A dealer licensed under the act shall not terminate its business without providing the Board with a minimum of thirty days' notice. (Section 301.1018)

The act requires that every application for a license shall include a certification that the applicant has an established place of business, with such certification to be performed by a uniformed member of the Highway Patrol. Locations that qualify as an established place of businesses are described in the act.

The act requires all applicants to furnish with the application a corporate surety bond or an irrevocable letter of credit issued by any state or federal financial institution in the sum of fifty thousand dollars, as described in the act.

Fees for licensure shall not be less than $150 for initial licensure and license renewal, and shall generate sufficient revenues to implement the act. (Section 301.1021)

Upon licensure, the Board shall assign a distinctive dealer license number or certificate of number to the applicant and issue one number plate and two additional number plates as quickly as practicable after presentment of the application and payment by the applicant of a $50 fee for the first plate, and $10.50 fee for each additional plate, as described in the act. (Section 301.1024)

A person licensed under the act shall permit an employee of the Board or any law enforcement official, as defined in the act, to inspect the person's business documents, as described in the act. (Section 301.1027)

The Board may refuse to issue any license to and cause a complaint to be filed against any license holder for causes specified in the act. (Section 301.1030)

Upon a finding by the Administrative Hearing Commission, any person violating the provisions of the act may be assessed a civil penalty by the Board in lieu of any other penalty authorized by the act, provided that such civil penalty shall not exceed $500 per violation or $5,000 in the aggregate, and shall be deposited to the credit of the State Highway Fund. (Section 301.1033)

The Board may issue process, subpoena witnesses, administer oaths, examine books and papers, and cause the deposition of witnesses to be taken. Any person failing to obey a subpoena or to appear at any hearing or proceeding without reasonable cause shall be guilty of a class B misdemeanor. (Section 301.1036)

The act provides advertising standards that shall be followed by any person licensed by the act. (Section 301.1042)

It shall be unlawful for a motor vehicle dealer to sell or offer to sell any motor vehicle away from the dealer's registered place of business, except as provided in the act. The Department of Commerce and Insurance may assess a fine of up to $1,000 for a violation of this provision. (Section 301.1045)

An out-of-state show promoter of recreational vehicles may hold recreational vehicle shows or exhibits with recreational vehicles in this state if the show or exhibition has a minimum of ten recreational vehicle dealers licensed in this state and more than fifty percent of the participating recreational vehicle dealers are licensed in this state. (Section 301.1054)

Finally, the act repeals several provisions of current law relating to the sale of motor vehicles and vessels. TAYLOR MIDDLETON