SS/SCS/HCS/HB 1150 - This act modifies various provisions relating to the issuance of certificates of title for motor vehicles. The act further modifies the law governing the perfection of automobile and boat liens. Under the terms of this act, owners of rebuilt salvage vehicles which are 10 years of age or older who submit such vehicles to examinations conducted by the Highway Patrol in order to obtain certificates of ownership with prior salvage motor vehicle designations are not required to repair or restore such vehicles to their original appearance in order to pass or complete the vehicle examination (Section 301.190). This portion of the act is contained in the truly agreed to version of SB 568 (2012) and in SB 557 (2012).
Under the terms of this act, any insurer which purchases a vehicle that is currently titled in Missouri through the claims adjustment process for which the insurer is unable to obtain a negotiable title, may make application to the department of revenue for a salvage certificate of title or junking certificate. The application may be made by the insurer or its designated salvage pool on a form provided by the department and signed under penalty of perjury. The application shall include a declaration that the insurer has made at least 2 written attempts to obtain the certificate of title, transfer documents, or other acceptable evidence of title, and be accompanied by proof of claims payment from the insurer, evidence that letters were delivered to the vehicle owner, a statement explaining the circumstances by which the property came into the insurer's possession, a description of the property including the year, make, model, vehicle identification number, and current location of the property, and a fee of $8.50. The insurer shall, 30 days prior to making application for title, notify any owners or lienholders of record for the vehicle that the insurer intends to apply for a certificate of title from the director for the vehicle. Upon receipt of the application and supporting documents, the director shall search the records of the department to verify the name and address of any owners and any lienholders. After 30 days from receipt of the application, if no valid lienholders have notified the department of the existence of a lien, the department shall issue a salvage certificate of title or junking certificate for the vehicle in the name of the insurer. This provision is also contained in the truly agreed to version of SB 568 (2012). This portion of the act is similar to CCS/HCS/SB 668 (2012) and similar to SB 879 (2012), and HCS/HB 1875 (2012)(Section 301.193).
This act allows a scrap metal operator to purchase an inoperable motor vehicle that is at least 10 model years old without a title provided the scrap metal operator verifies with the Department of Revenue, via the department's online record access, that the motor vehicle is not subject to any recorded security interest or lien liens exist on the motor vehicle. The scrap metal operator must also forward a copy of the seller's state identification along with a bill of sale to the Department of Revenue. The bill of sale, which must be designed by the director, shall certify that the motor vehicle is at least 10 model years old, is inoperable, is not subject to any recorded security interest or lien, and that the seller has the legal authority to sell the vehicle. Upon receipt of this information, the Department of Revenue shall cancel any certificate of title and registration for the motor vehicle. If the motor vehicle is at least 20 model years old, then the scrap metal operator is not required to verify whether the motor vehicle is subject to any recorded security interests or liens. This portion of the act is similar to SCS/SB 633 (2012) and HB 1064 (2012)(Section 301.227).
PERFECTION OF AUTO AND BOAT LIENS - Under the terms of this act, on a refinance by a different lender of a prior loan secured by a motor vehicle, outboard motor, watercraft etc., the lien is perfected by delivering notice of lien to Director of Revenue (Section 301.600 and 306.400)(SA 1). This provision is also contained in the truly agreed to version of HB 1402 (2012).
AIRCRAFT LIENS - Currently, persons who perform labor on aircrafts and their parts and equipment who obtain a written memorandum of the work or material furnished signed by the owner, have a lien on such property. This act allows the memorandum to be signed by the authorized agent of the owner, or person in lawful possession of the property. Currently, persons who perform labor on aircrafts, at a written request of an owner that contains the maximum amount to be charged for labor, has a lien on the property. This act allows persons who perform labor on parts or equipment of aircrafts to have a lien on the item in such an instance. Currently, aircraft liens are required to be filed 30 days after surrendering the property. This act extends that time period to 180 days. These provisions are similar to the ones contained in the truly agreed to version of SB 485 (2012)(Sections 430.020 and 430.082)(SA 2).
STEPHEN WITTE