Missouri HB 1266: Modifies boat dealer sales requirements for certain specialized boat manufacturers

Bill Text

FIRST REGULAR SESSION
HOUSE BILL NO. 1266
101ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE RAILSBACK.
2431H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal section 301.550, RSMo, and to enact in lieu thereof one new section relating to boat
dealer licensing.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 301.550, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 301.550, to read as follows:
301.550. 1. The definitions contained in section 301.010 shall apply to sections 301.550
2 to 301.580, and in addition as used in sections 301.550 to 301.580, the following terms mean:
3 (1) "Boat dealer", any natural person, partnership, or corporation who, for a commission
4 or with an intent to make a profit or gain of money or other thing of value, sells, barters,
5 exchanges, leases or rents with the option to purchase, offers, attempts to sell, or negotiates the
6 sale of any vessel or vessel trailer, whether or not the vessel or vessel trailer is owned by such
7 person. The sale of six or more vessels or vessel trailers or both in any calendar year shall be
8 required as evidence that such person is eligible for licensure as a boat dealer under sections
9 301.550 to 301.580; except that, such sales requirements shall be waived for entities also
10 licensed as boat manufacturers under section 301.559 who custom manufacture boats:
11 (a) For use with biological research and management equipment for fisheries; or
12 (b) For use with scientific sampling and for geological or chemistry purposes.
13
14 The boat dealer shall demonstrate eligibility for renewal of his license by selling six or more
15 vessels or vessel trailers or both in the prior calendar year while licensed as a boat dealer
16 pursuant to sections 301.550 to 301.580;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

HB 1266 2
17 (2) "Boat manufacturer", any person engaged in the manufacturing, assembling or
18 modification of new vessels or vessel trailers as a regular business, including a person,
19 partnership or corporation which acts for and is under the control of a manufacturer or assembly
20 in connection with the distribution of vessels or vessel trailers;
21 (3) "Department", the Missouri department of revenue;
22 (4) "Director", the director of the Missouri department of revenue;
23 (5) "Emergency vehicles", motor vehicles used as ambulances, law enforcement vehicles,
24 and fire fighting and assistance vehicles;
25 (6) "Manufacturer", any person engaged in the manufacturing, assembling or
26 modification of new motor vehicles or trailers as a regular business, including a person,
27 partnership or corporation which acts for and is under the control of a manufacturer or assembly
28 in connection with the distribution of motor vehicles or accessories for motor vehicles;
29 (7) "Motor vehicle broker", a person who holds himself out through solicitation,
30 advertisement, or otherwise as one who offers to arrange a transaction involving the retail sale
31 of a motor vehicle, and who is not:
32 (a) A dealer, or any agent, or any employee of a dealer when acting on behalf of a dealer;
33 (b) A manufacturer, or any agent, or employee of a manufacturer when acting on behalf
34 of a manufacturer;
35 (c) The owner of the vehicle involved in the transaction; or
36 (d) A public motor vehicle auction or wholesale motor vehicle auction where buyers are
37 licensed dealers in this or any other jurisdiction;
38 (8) "Motor vehicle dealer" or "dealer", any person who, for commission or with an intent
39 to make a profit or gain of money or other thing of value, sells, barters, exchanges, leases or rents
40 with the option to purchase, or who offers or attempts to sell or negotiates the sale of motor
41 vehicles or trailers whether or not the motor vehicles or trailers are owned by such person;
42 provided, however, an individual auctioneer or auction conducted by an auctioneer licensed
43 pursuant to chapter 343 shall not be included within the definition of a motor vehicle dealer. The
44 sale of eight or more motor vehicles or trailers in any calendar year shall be required as evidence
45 that such person is engaged in the motor vehicle business and is eligible for licensure as a motor
46 vehicle dealer under sections 301.550 to 301.580. Any licensed motor vehicle dealer failing to
47 meet the minimum vehicle sales requirements as referenced in this subsection shall not be
48 qualified to renew his or her license for one year. To be eligible for license renewal, applicants
49 shall meet the minimum requirement of eight sales per year;
50 (9) "New motor vehicle", any motor vehicle being transferred for the first time from a
51 manufacturer, distributor or new vehicle dealer which has not been registered or titled i